HB 5101

1	A bill to be entitled
2	An act relating to prekindergarten through grade 12
3	education funding; amending s. 212.055, F.S.; deleting the
4	requirement that a district school board imposing the
5	school capital outlay surtax implement a freeze on
6	noncapital local school property taxes; amending s.
7	216.292, F.S.; deleting provisions relating to the
8	transfer of certain funds for class size reduction;
9	amending s. 1001.451, F.S.; revising provisions relating
10	to the appropriation of funds for regional consortium
11	service organizations; amending s. 1002.32, F.S.; revising
12	and correcting a calculation relating to funding for lab
13	school operating purposes; amending s. 1002.33, F.S.;
14	revising provisions relating to the withholding of an
15	administrative fee for provision of services by the
16	sponsor of a charter school; amending s. 1002.37, F.S.;
17	revising and correcting a calculation relating to funding
18	for Florida Virtual School operating purposes; amending s.
19	1002.39, F.S.; revising provisions relating to private
20	school documentation for quarterly scholarship payments
21	under the John M. McKay Scholarships for Students with
22	Disabilities Program; amending ss. 1002.55 and 1002.63,
23	F.S.; increasing the maximum number of students and
24	revising the qualifications of prekindergarten instructors
25	in a school-year prekindergarten program class; requiring
26	district school boards to develop plans for meeting class
27	size requirements; requiring public hearings; amending s.
28	1003.03, F.S., contingent on voter approval of a joint
29	resolution that provides that the current limits on the
30	maximum number of students assigned to each teacher in
31	public school classrooms would become limits on the
32	average number of students assigned per class to each
33	teacher by specified grade grouping in each public school
34	beginning with the 2010-2011 school year; conforming
35	requirements for maximum class size to the joint
36	resolution; providing for Department of Education
37	calculations for implementation; providing an additional
38	implementation option; providing for a reduction in a
39	school district's class-size-reduction operating
40	categorical allocation if a school district's class size
41	exceeds the class size maximums; providing for contingent
42	and retroactive effect; amending s. 1003.03, F.S.,
43	contingent on the voters not approving a joint resolution
44	that provides that the current limits on the maximum
45	number of students assigned to each teacher in public
46	school classrooms would become limits on the average
47	number of students assigned per class to each teacher by
48	specified grade grouping in each public school beginning
49	with the 2010-2011 school year; providing for Department
50	of Education calculations for implementation; providing an
51	additional implementation option; providing for a
52	reduction in a school district's class-size-reduction
53	operating categorical allocation if a school district's
54	class size exceeds the class size maximums; providing for
55	contingent and retroactive effect; creating s. 1003.572,
56	F.S.; requiring each district school board to annually
57	report information relating to gifted students and the
58	education services provided to such students; requiring
59	the State Board of Education to adopt rules; creating s.
60	1006.281, F.S.; encouraging school districts to have
61	access to electronic learning management systems with
62	certain functionality; amending s. 1006.29, F.S.; revising
63	items considered instructional materials for purposes of
64	state adoption; providing that certain instructional
65	materials shall be available as separate and unbundled
66	items; amending s. 1006.33, F.S.; requiring that certain
67	instructional materials shall primarily be adopted and
68	delivered in electronic format; providing for electronic
69	samples of instructional materials; amending s. 1006.40,
70	F.S.; revising provisions relating to the use of
71	allocations for instructional materials; amending s.
72	1007.27, F.S.; providing that certain students shall be
73	deemed authorized users of specified state-funded
74	electronic library resources; requiring the State Board of
75	Education and the Board of Governors to adopt rules;
76	amending s. 1011.62, F.S.; revising the calculation of and
77	appropriation for additional full-time equivalent
78	membership for students who complete an industry-certified
79	career and professional academy program; revising
80	calculations for school district required local effort;
81	revising provisions relating to the transfer of
82	categorical funds for certain purposes; providing
83	requirements for the use of categorical funds for the
84	purchase of technological equipment; revising the
85	calculation for determination of the sparsity supplement;
86	providing a restriction on certain calculations for
87	allocation of state funds to a school district for current
88	operation; amending s. 1011.67, F.S.; deleting certain
89	requirements for distribution of funds for instructional
90	materials to school districts; amending s. 1011.68, F.S.;
91	revising a calculation for allocation of funds for student
92	transportation to school districts; amending s. 1011.71,
93	F.S.; requiring that the levy of certain school district
94	millage must be approved by voters at specified elections;
95	providing restrictions; amending s. 1011.73, F.S.;
96	correcting a cross-reference; amending s. 1013.64, F.S.;
97	revising criteria that must be met for a school district
98	request for funding from the Special Facility Construction
99	Account; revising the composition of the Special Facility
100	Construction Committee; providing effective dates.
101
102	Be It Enacted by the Legislature of the State of Florida:
103
104	Section 1.  Paragraphs (d) and (e) of subsection (6) of
105	section 212.055, Florida Statutes, are amended to read:
106	212.055  Discretionary sales surtaxes; legislative intent;
107	authorization and use of proceeds.-It is the legislative intent
108	that any authorization for imposition of a discretionary sales
109	surtax shall be published in the Florida Statutes as a
110	subsection of this section, irrespective of the duration of the
111	levy. Each enactment shall specify the types of counties
112	authorized to levy; the rate or rates which may be imposed; the
113	maximum length of time the surtax may be imposed, if any; the
114	procedure which must be followed to secure voter approval, if
115	required; the purpose for which the proceeds may be expended;
116	and such other requirements as the Legislature may provide.
117	Taxable transactions and administrative procedures shall be as
118	provided in s. 212.054.
119	(6)  SCHOOL CAPITAL OUTLAY SURTAX.-
120	(d)  Any school board imposing the surtax shall implement a
121	freeze on noncapital local school property taxes, at the millage
122	rate imposed in the year prior to the implementation of the
123	surtax, for a period of at least 3 years from the date of
124	imposition of the surtax. This provision shall not apply to
125	existing debt service or taxes authorized in the General
126	Appropriations Act.
127	(d)(e)  Surtax revenues collected by the Department of
128	Revenue pursuant to this subsection shall be distributed to the
129	school board imposing the surtax in accordance with law.
130	Section 2.  Paragraph (d) of subsection (2) of section
131	216.292, Florida Statutes, is amended to read:
132	216.292  Appropriations nontransferable; exceptions.-
133	(2)  The following transfers are authorized to be made by
134	the head of each department or the Chief Justice of the Supreme
135	Court whenever it is deemed necessary by reason of changed
136	conditions:
137	(d)  The transfer of funds by the Executive Office of the
138	Governor from appropriations for public school operations to a
139	fixed capital outlay appropriation for class size reduction
140	based on recommendations of the Florida Education Finance
141	Program Appropriation Allocation Conference or the Legislative
142	Budget Commission pursuant to s. 1003.03(4)(a). Actions by the
143	Governor under this subsection are subject to the notice and
144	review provisions of s. 216.177.
145	Section 3.  Paragraph (c) of subsection (2) of section
146	1001.451, Florida Statutes, is amended to read:
147	1001.451  Regional consortium service organizations.-In
148	order to provide a full range of programs to larger numbers of
149	students, minimize duplication of services, and encourage the
150	development of new programs and services:
151	(2)
152	(c)  Notwithstanding paragraph (a), the appropriation for
153	the 2009-2010 fiscal year may be less than $50,000 per school
154	district and eligible member. if the amount appropriated is
155	insufficient to provide $50,000, the funds available must be
156	prorated among all eligible districts and members. This
157	paragraph expires July 1, 2010.
158	Section 4.  Paragraphs (d) and (e) of subsection (9) of
159	section 1002.32, Florida Statutes, are amended to read:
160	1002.32  Developmental research (laboratory) schools.-
161	(9)  FUNDING.-Funding for a lab school, including a charter
162	lab school, shall be provided as follows:
163	(d)  Each lab school shall receive funds for operating
164	purposes in an amount determined as follows: multiply the
165	maximum allowable nonvoted discretionary millage for operations
166	pursuant to s. 1011.71(1) and (3) by the value of 96 95 percent
167	of the current year's taxable value for school purposes for the
168	district in which each lab school is located; divide the result
169	by the total full-time equivalent membership of the district;
170	and multiply the result by the full-time equivalent membership
171	of the lab school. The amount thus obtained shall be
172	discretionary operating funds and shall be appropriated from
173	state funds in the General Appropriations Act to the Lab School
174	Trust Fund.
175	(e)  Each lab school shall receive funds for capital
176	improvement purposes in an amount determined as follows:
177	multiply the maximum allowable nonvoted discretionary millage
178	for capital improvements pursuant to s. 1011.71(2) by the value
179	of 96 95 percent of the current year's taxable value for school
180	purposes for the district in which each lab school is located;
181	divide the result by the total full-time equivalent membership
182	of the district; and multiply the result by the full-time
183	equivalent membership of the lab school. The amount thus
184	obtained shall be discretionary capital improvement funds and
185	shall be appropriated from state funds in the General
186	Appropriations Act to the Lab School Educational Facility Trust
187	Fund.
188	Section 5.  Paragraph (a) of subsection (20) of section
189	1002.33, Florida Statutes, is amended to read:
190	1002.33  Charter schools.-
191	(20)  SERVICES.-
192	(a)  A sponsor shall provide certain administrative and
193	educational services to charter schools. These services shall
194	include contract management services; full-time equivalent and
195	data reporting services; exceptional student education
196	administration services; services related to eligibility and
197	reporting duties required to ensure that school lunch services
198	under the federal lunch program, consistent with the needs of
199	the charter school, are provided by the school district at the
200	request of the charter school, that any funds due to the charter
201	school under the federal lunch program be paid to the charter
202	school as soon as the charter school begins serving food under
203	the federal lunch program, and that the charter school is paid
204	at the same time and in the same manner under the federal lunch
205	program as other public schools serviced by the sponsor or the
206	school district; test administration services, including payment
207	of the costs of state-required or district-required student
208	assessments; processing of teacher certificate data services;
209	and information services, including equal access to student
210	information systems that are used by public schools in the
211	district in which the charter school is located. Student
212	performance data for each student in a charter school,
213	including, but not limited to, FCAT scores, standardized test
214	scores, previous public school student report cards, and student
215	performance measures, shall be provided by the sponsor to a
216	charter school in the same manner provided to other public
217	schools in the district. A total administrative fee for the
218	provision of such services shall be calculated based upon up to
219	5 percent of the available funds defined in paragraph (17)(b)
220	for all students. However, a sponsor may only withhold up to a
221	5-percent administrative fee for enrollment for up to and
222	including 250 500 students. For charter schools with a
223	population of 251 501 or more students, the difference between
224	the total administrative fee calculation and the amount of the
225	administrative fee withheld may only be used for capital outlay
226	purposes specified in s. 1013.62(2). Each charter school shall
227	receive 100 percent of the funds awarded to that school pursuant
228	to s. 1012.225. Sponsors shall not charge charter schools any
229	additional fees or surcharges for administrative and educational
230	services in addition to the maximum 5-percent administrative fee
231	withheld pursuant to this paragraph.
232	Section 6.  Paragraph (f) of subsection (3) of section
233	1002.37, Florida Statutes, is amended to read:
234	1002.37  The Florida Virtual School.-
235	(3)  Funding for the Florida Virtual School shall be
236	provided as follows:
237	(f)  The Florida Virtual School shall receive funds for
238	operating purposes in an amount determined as follows: multiply
239	the maximum allowable nonvoted discretionary millage for
240	operations pursuant to s. 1011.71(1) and (3) by the value of 96
241	95 percent of the current year's taxable value for school
242	purposes for the state; divide the result by the total full-time
243	equivalent membership of the state; and multiply the result by
244	the full-time equivalent membership of the school. The amount
245	thus obtained shall be discretionary operating funds and shall
246	be appropriated from state funds in the General Appropriations
247	Act.
248	Section 7.  Paragraph (b) of subsection (8) of section
249	1002.39, Florida Statutes, is amended to read:
250	1002.39  The John M. McKay Scholarships for Students with
251	Disabilities Program.-There is established a program that is
252	separate and distinct from the Opportunity Scholarship Program
253	and is named the John M. McKay Scholarships for Students with
254	Disabilities Program.
255	(8)  PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.-To be
256	eligible to participate in the John M. McKay Scholarships for
257	Students with Disabilities Program, a private school may be
258	sectarian or nonsectarian and must:
259	(b)  Provide to the department all documentation required
260	for a student's participation, including the private school's
261	and student's fee schedules, at least 30 days before any the
262	first quarterly scholarship payment is made for the student
263	pursuant to paragraph (10)(e). A student is not eligible to
264	receive a quarterly scholarship payment if the private school
265	fails to meet this deadline.
266
267	The inability of a private school to meet the requirements of
268	this subsection shall constitute a basis for the ineligibility
269	of the private school to participate in the scholarship program
270	as determined by the department.
271	Section 8.  Paragraph (f) of subsection (3) of section
272	1002.55, Florida Statutes, is amended to read:
273	1002.55  School-year prekindergarten program delivered by
274	private prekindergarten providers.-
275	(3)  To be eligible to deliver the prekindergarten program,
276	a private prekindergarten provider must meet each of the
277	following requirements:
278	(f)  Each of the private prekindergarten provider's
279	prekindergarten classes must be composed of at least 4 students
280	but may not exceed 24 18 students. In order to protect the
281	health and safety of students, each private prekindergarten
282	provider must also provide appropriate adult supervision for
283	students at all times and, for each prekindergarten class
284	composed of 13 11 or more students, must have, in addition to a
285	prekindergarten instructor who meets the requirements of
286	paragraph (c), at least two one adult prekindergarten
287	instructors instructor who is not required to meet the those
288	requirements but who must meet each requirement of paragraph (c)
289	(d). This paragraph does not supersede any requirement imposed
290	on a provider under ss. 402.301-402.319.
291	Section 9.  Subsection (7) of section 1002.63, Florida
292	Statutes, is amended to read:
293	1002.63  School-year prekindergarten program delivered by
294	public schools.-
295	(7)  Each prekindergarten class in a public school
296	delivering the school-year prekindergarten program must be
297	composed of at least 4 students but may not exceed 24 18
298	students. In order to protect the health and safety of students,
299	each school must also provide appropriate adult supervision for
300	students at all times and, for each prekindergarten class
301	composed of 13 11 or more students, must have at least two, in
302	addition to a prekindergarten instructors instructor who meet
303	meets the requirements of s. 1002.55(3)(c), at least one adult
304	prekindergarten instructor who is not required to meet those
305	requirements but who must meet each requirement of subsection
306	(5).
307	Section 10.  School district planning for meeting class
308	size requirements.-
309	(1)  For school year 2010-2011, each district school board
310	shall develop the following two plans:
311	(a)  A plan based on the current requirements of s. 1, Art.
312	IX of the State Constitution to be implemented at the beginning
313	of the school year and continued if Senate Joint Resolution 2 or
314	House Joint Resolution 7039, amending s. 1, Art. IX of the State
315	Constitution, is not approved at the 2010 general election.
316	(b)  A contingency plan based on the requirements of Senate
317	Joint Resolution 2 or House Joint Resolution 7039, amending s.
318	1, Art. IX of the State Constitution, to be implemented at the
319	discretion of the district school board if Senate Joint
320	Resolution 2 or House Joint Resolution 7039 is approved at the
321	2010 general election.
322	(2)  Prior to the adoption of the district school budget
323	for 2010-2011, each district school board shall hold public
324	hearings and provide information to parents on the district's
325	website, and through any other means by which the district
326	provides information to parents and the public, on the
327	district's plans required in subsection (1), including, but not
328	limited to:
329	(a)  A review of school attendance zones in order to ensure
330	maximum use of facilities while minimizing the additional use of
331	transportation in order to comply with the class size
332	requirements.
333	(b)  The impact on the district's budget for the district
334	to comply with the class size requirements.
335	(c)  The potential impact on the district's budget if the
336	district fails to comply with the class size requirements.
337	(3)  School districts that are in compliance with the class
338	size requirements in s. 1, Art. IX of the State Constitution as
339	of the 2009-2010 school year are exempt from the requirements of
340	this section.
341	Section 11.  Upon approval by the electors of Senate Joint
342	Resolution 2 or House Joint Resolution 7039 in the 2010 general
343	election and retroactive to the beginning of the 2010-2011
344	school year, subsections (1) through (4) of section 1003.03,
345	Florida Statutes, are amended to read:
346	1003.03  Maximum class size.-
347	(1)  CONSTITUTIONAL CLASS SIZE MAXIMUMS.-Pursuant to s. 1,
348	Art. IX of the State Constitution, beginning in the 2010-2011
349	school year:
350	(a)  The average number of students at the school level
351	assigned to each teacher who is teaching core-curricula courses
352	in public school classrooms for prekindergarten through grade 3
353	may not exceed 18 students and the maximum number of students
354	assigned to a teacher in an individual classroom may not exceed
355	21 students.
356	(b)  The average number of students at the school level
357	assigned to each teacher who is teaching core-curricula courses
358	in public school classrooms for grades 4 through 8 may not
359	exceed 22 students and the maximum number of students assigned
360	to a teacher in an individual classroom may not exceed 27
361	students.
362	(c)  The average number of students at the school level
363	assigned to each teacher who is teaching core-curricula courses
364	in public school classrooms for grades 9 through 12 may not
365	exceed 25 students and the maximum number of students assigned
366	to a teacher in an individual classroom may not exceed 30
367	students.
368	(a)  The maximum number of students assigned to each
369	teacher who is teaching core-curricula courses in public school
370	classrooms for prekindergarten through grade 3 may not exceed 18
371	students.
372	(b)  The maximum number of students assigned to each
373	teacher who is teaching core-curricula courses in public school
374	classrooms for grades 4 through 8 may not exceed 22 students.
375	(c)  The maximum number of students assigned to each
376	teacher who is teaching core-curricula courses in public school
377	classrooms for grades 9 through 12 may not exceed 25 students.
378	(2)  IMPLEMENTATION.-
379	(a)  The Department of Education shall calculate the 2010-
380	2011 class size as described in subsection (1) based upon the
381	February 2011 student membership survey. The calculation for
382	compliance for each of the three grade groupings shall be the
383	number of students assigned to each teacher in an individual
384	classroom. Each teacher assigned to an individual classroom
385	shall be included in the calculation for compliance.
386	(b)  Effective with the beginning of the 2011-2012 school
387	year, and annually thereafter, the Department of Education shall
388	calculate class size as described in subsection (1) based on the
389	October student membership survey. The calculation for
390	compliance for each of the three grade groupings shall be the
391	number of students assigned to each teacher in an individual
392	classroom. Each teacher assigned to an individual classroom
393	shall be included in the calculation for compliance.
394	(a)  Beginning with the 2003-2004 fiscal year, each school
395	district that is not in compliance with the maximums in
396	subsection (1) shall reduce the average number of students per
397	classroom in each of the following grade groupings:
398	prekindergarten through grade 3, grade 4 through grade 8, and
399	grade 9 through grade 12, by at least two students each year.
400	(b)  Determination of the number of students per classroom
401	in paragraph (a) shall be calculated as follows:
402	1.  For fiscal years 2003-2004 through 2005-2006, the
403	calculation for compliance for each of the 3 grade groupings
404	shall be the average at the district level.
405	2.  For fiscal years 2006-2007 through 2009-2010, the
406	calculation for compliance for each of the 3 grade groupings
407	shall be the average at the school level.
408	3.  For fiscal year 2010-2011 and thereafter, the
409	calculation for compliance shall be at the individual classroom
410	level.
411	4.  For fiscal years 2006-2007 through 2009-2010 and
412	thereafter, each teacher assigned to any classroom shall be
413	included in the calculation for compliance.
414	(c)  The Department of Education shall annually calculate
415	each of the three average class size measures defined in
416	paragraphs (a) and (b) based upon the October student membership
417	survey. For purposes of determining the baseline from which each
418	district's average class size must be reduced for the 2003-2004
419	school year, the department shall use data from the February
420	2003 student membership survey updated to include classroom
421	identification numbers as required by the department.
422	(d)  Prior to the adoption of the district school budget
423	for 2004-2005, each district school board shall hold public
424	hearings to review school attendance zones in order to ensure
425	maximum use of facilities while minimizing the additional use of
426	transportation in order to comply with the two-student-per-year
427	reduction required in paragraph (a). School districts that meet
428	the constitutional class size maximums described in subsection
429	(1) are exempt from this requirement.
430	(3)  IMPLEMENTATION OPTIONS.-District school boards must
431	consider, but are not limited to, implementing the following
432	items in order to meet the constitutional class size maximums
433	described in subsection (1) and the two-student-per-year
434	reduction required in subsection (2):
435	(a)  Adopt policies to encourage qualified students to take
436	dual enrollment courses.
437	(b)  Adopt policies to encourage students to take courses
438	from the Florida Virtual School or participate in the school
439	district virtual instruction program.
440	(c)1.  Repeal district school board policies that require
441	students to have more than 24 credits to graduate from high
442	school.
443	2.  Adopt policies to allow students to graduate from high
444	school as soon as they pass the grade 10 FCAT and complete the
445	courses required for high school graduation.
446	(d)  Use methods to maximize use of instructional staff,
447	such as changing required teaching loads and scheduling of
448	planning periods, deploying district employees that have
449	professional certification to the classroom, using adjunct
450	educators, or any other method not prohibited by law.
451	(e)  Use innovative methods to reduce the cost of school
452	construction by using prototype school designs, using SMART
453	Schools designs, participating in the School Infrastructure
454	Thrift Program, or any other method not prohibited by law.
455	(f)  Use joint-use facilities through partnerships with
456	community colleges, state universities, and private colleges and
457	universities. Joint-use facilities available for use as K-12
458	classrooms that do not meet the K-12 State Regulations for
459	Educational Facilities in the Florida Building Code may be used
460	at the discretion of the district school board provided that
461	such facilities meet all other health, life, safety, and fire
462	codes.
463	(g)  Adopt alternative methods of class scheduling, such as
464	block scheduling.
465	(h)  Redraw school attendance zones to maximize use of
466	facilities while minimizing the additional use of
467	transportation.
468	(i)  Operate schools beyond the normal operating hours to
469	provide classes in the evening or operate more than one session
470	of school during the day.
471	(j)  Use year-round schools and other nontraditional
472	calendars that do not adversely impact annual assessment of
473	student achievement.
474	(k)  Review and consider amending any collective bargaining
475	contracts that hinder the implementation of class size
476	reduction.
477	(l)  Use any other approach not prohibited by law.
478	(4)  ACCOUNTABILITY.-
479	(a)  For the 2010-2011 school year, if at the time of the
480	February 2011 student membership survey the school district's
481	class size exceeds the maximums as described in subsection (1),
482	the department shall:
483	1.  Identify, for each grade group, the number of full-time
484	equivalent students that exceeds the maximum number of students
485	assigned to any teacher in an individual class.
486	2.  Multiply the total number of full-time equivalent
487	students that exceeds the maximum class size for each grade
488	group by the district's full-time equivalent student dollar
489	amount of the class-size-reduction operating categorical
490	allocation for that year and calculate the total for all three
491	grade groups.
492	3.  Reduce the district's class-size-reduction operating
493	categorical allocation by an amount equal to the calculation in
494	subparagraph 2.
495	(b)  For the 2011-2012 school year and annually thereafter,
496	if at the time of the third Florida Education Finance Program
497	calculation a school district's class size exceeds the maximums
498	as described in subsection (1), the department shall reduce the
499	district's class-size-reduction operating categorical allocation
500	as calculated according to subparagraphs (a)1.-3.
501	(a)1.  Beginning in the 2003-2004 fiscal year, if the
502	department determines for any year that a school district has
503	not reduced average class size as required in subsection (2) at
504	the time of the third FEFP calculation, the department shall
505	calculate an amount from the class size reduction operating
506	categorical which is proportionate to the amount of class size
507	reduction not accomplished. Upon verification of the
508	department's calculation by the Florida Education Finance
509	Program Appropriation Allocation Conference and not later than
510	March 1 of each year, the Executive Office of the Governor shall
511	transfer undistributed funds equivalent to the calculated amount
512	from the district's class size reduction operating categorical
513	to an approved fixed capital outlay appropriation for class size
514	reduction in the affected district pursuant to s. 216.292(2)(d).
515	The amount of funds transferred shall be the lesser of the
516	amount verified by the Florida Education Finance Program
517	Appropriation Allocation Conference or the undistributed balance
518	of the district's class size reduction operating categorical.
519	2.  In lieu of the transfer required by subparagraph 1.,
520	the Commissioner of Education may recommend a budget amendment,
521	subject to approval by the Legislative Budget Commission, to
522	transfer an alternative amount of funds from the district's
523	class size reduction operating categorical to its approved fixed
524	capital outlay account for class size reduction if the
525	commissioner finds that the State Board of Education has
526	reviewed evidence indicating that a district has been unable to
527	meet class size reduction requirements despite appropriate
528	effort to do so. The commissioner's budget amendment must be
529	submitted to the Legislative Budget Commission by February 15 of
530	each year.
531	(c)3.  For the 2007-2008 fiscal year and thereafter, If in
532	any fiscal year funds from a district's class size operating
533	categorical are required to be reduced in accordance with
534	paragraph (a) or paragraph (b) transferred to its fixed capital
535	outlay fund and the district's class size operating categorical
536	allocation in the General Appropriations Act for that fiscal
537	year has been reduced by a subsequent appropriation, the
538	Commissioner of Education may recommend a 50-percent reduction
539	in the amount calculated in accordance with paragraph (a) or
540	paragraph (b) of the transfer.
541	(b)  Beginning in the 2010-2011 fiscal year and each year
542	thereafter, if the department determines that the number of
543	students assigned to any individual class exceeds the class size
544	maximum, as required in subsection (2), at the time of the third
545	FEFP calculation, the department shall:
546	1.  Identify, for each grade group, the number of classes
547	in which the enrollment exceeds the maximum, the number of
548	students which exceeds the maximum for each class, and the total
549	number of students which exceeds the maximum for all classes.
550	2.  Determine the number of full-time equivalent students
551	which exceeds the maximum class size for each grade group.
552	3.  Multiply the total number of FTE students which exceeds
553	the maximum class size for each grade group by the district's
554	FTE dollar amount of the class-size-reduction allocation for
555	that year and calculate the total for all three grade groups.
556	4.  Reduce the district's class-size-reduction operating
557	categorical allocation by an amount equal to the sum of the
558	calculation in subparagraph 3.
559	(d)(c)  Upon verification of the department's calculation
560	by the Florida Education Finance Program Appropriation
561	Allocation Conference and no later than March 1 of each year,
562	the Executive Office of the Governor shall place these funds in
563	reserve, and the undistributed funds shall revert to the General
564	Revenue Fund unallocated at the end of the fiscal year. The
565	amount of funds reduced shall be the lesser of the amount
566	verified by the Florida Education Finance Program Appropriation
567	Allocation Conference or the undistributed balance of the
568	district's class-size-reduction operating categorical
569	allocation.
570	(e)(d)  In lieu of the reduction calculation in paragraph
571	(a) or paragraph (b), if the Commissioner of Education has
572	evidence that a district has been unable to meet the class size
573	requirements, despite the appropriate efforts of the district,
574	due to an extreme emergency or other causes beyond the control
575	of the district, he or she may recommend a budget amendment,
576	subject to approval of the Legislative Budget Commission, to
577	reduce an alternative amount of funds from the district's class-
578	size-reduction operating categorical allocation. The
579	commissioner's budget amendment must be submitted to the
580	Legislative Budget Commission by February 15 of each year.
581	(e)  In addition to the calculation required in paragraph
582	(a), at the time of the third FEFP calculation for the 2009-2010
583	fiscal year, the department shall also prepare a simulated
584	calculation based on the requirements in paragraphs (b) and (c).
585	This simulated calculation shall be provided to the school
586	districts and the Legislature.
587	Section 12.  If the electors do not approve Senate Joint
588	Resolution 2 or House Joint Resolution 7039 in the 2010 general
589	election, subsections (2) through (4) of section 1003.03,
590	Florida Statutes, are amended, retroactive to July 1, 2010, to
591	read:
592	1003.03  Maximum class size.-
593	(1)  CONSTITUTIONAL CLASS SIZE MAXIMUMS.-Pursuant to s. 1,
594	Art. IX of the State Constitution, beginning in the 2010-2011
595	school year:
596	(a)  The maximum number of students assigned to each
597	teacher who is teaching core-curricula courses in public school
598	classrooms for prekindergarten through grade 3 may not exceed 18
599	students.
600	(b)  The maximum number of students assigned to each
601	teacher who is teaching core-curricula courses in public school
602	classrooms for grades 4 through 8 may not exceed 22 students.
603	(c)  The maximum number of students assigned to each
604	teacher who is teaching core-curricula courses in public school
605	classrooms for grades 9 through 12 may not exceed 25 students.
606	(2)  IMPLEMENTATION.-
607	(a)  The Department of Education shall calculate the 2010-
608	2011 class size as described in subsection (1) based upon the
609	February 2011 student membership survey. The calculation for
610	compliance for each of the three grade groupings shall be the
611	number of students assigned to each teacher in an individual
612	classroom. Each teacher assigned to an individual classroom
613	shall be included in the calculation for compliance.
614	(b)  Effective with the beginning of the 2011-2012 school
615	year, and annually thereafter, the Department of Education shall
616	calculate class size as described in subsection (1) based on the
617	October student membership survey. The calculation for
618	compliance for each of the three grade groupings shall be the
619	number of students assigned to each teacher in an individual
620	classroom. Each teacher assigned to an individual classroom
621	shall be included in the calculation for compliance.
622	(a)  Beginning with the 2003-2004 fiscal year, each school
623	district that is not in compliance with the maximums in
624	subsection (1) shall reduce the average number of students per
625	classroom in each of the following grade groupings:
626	prekindergarten through grade 3, grade 4 through grade 8, and
627	grade 9 through grade 12, by at least two students each year.
628	(b)  Determination of the number of students per classroom
629	in paragraph (a) shall be calculated as follows:
630	1.  For fiscal years 2003-2004 through 2005-2006, the
631	calculation for compliance for each of the 3 grade groupings
632	shall be the average at the district level.
633	2.  For fiscal years 2006-2007 through 2009-2010, the
634	calculation for compliance for each of the 3 grade groupings
635	shall be the average at the school level.
636	3.  For fiscal year 2010-2011 and thereafter, the
637	calculation for compliance shall be at the individual classroom
638	level.
639	4.  For fiscal years 2006-2007 through 2009-2010 and
640	thereafter, each teacher assigned to any classroom shall be
641	included in the calculation for compliance.
642	(c)  The Department of Education shall annually calculate
643	each of the three average class size measures defined in
644	paragraphs (a) and (b) based upon the October student membership
645	survey. For purposes of determining the baseline from which each
646	district's average class size must be reduced for the 2003-2004
647	school year, the department shall use data from the February
648	2003 student membership survey updated to include classroom
649	identification numbers as required by the department.
650	(d)  Prior to the adoption of the district school budget
651	for 2004-2005, each district school board shall hold public
652	hearings to review school attendance zones in order to ensure
653	maximum use of facilities while minimizing the additional use of
654	transportation in order to comply with the two-student-per-year
655	reduction required in paragraph (a). School districts that meet
656	the constitutional class size maximums described in subsection
657	(1) are exempt from this requirement.
658	(3)  IMPLEMENTATION OPTIONS.-District school boards must
659	consider, but are not limited to, implementing the following
660	items in order to meet the constitutional class size maximums
661	described in subsection (1) and the two-student-per-year
662	reduction required in subsection (2):
663	(a)  Adopt policies to encourage qualified students to take
664	dual enrollment courses.
665	(b)  Adopt policies to encourage students to take courses
666	from the Florida Virtual School or participate in the school
667	district virtual instruction program.
668	(c)1.  Repeal district school board policies that require
669	students to have more than 24 credits to graduate from high
670	school.
671	2.  Adopt policies to allow students to graduate from high
672	school as soon as they pass the grade 10 FCAT and complete the
673	courses required for high school graduation.
674	(d)  Use methods to maximize use of instructional staff,
675	such as changing required teaching loads and scheduling of
676	planning periods, deploying district employees that have
677	professional certification to the classroom, using adjunct
678	educators, or any other method not prohibited by law.
679	(e)  Use innovative methods to reduce the cost of school
680	construction by using prototype school designs, using SMART
681	Schools designs, participating in the School Infrastructure
682	Thrift Program, or any other method not prohibited by law.
683	(f)  Use joint-use facilities through partnerships with
684	community colleges, state universities, and private colleges and
685	universities. Joint-use facilities available for use as K-12
686	classrooms that do not meet the K-12 State Regulations for
687	Educational Facilities in the Florida Building Code may be used
688	at the discretion of the district school board provided that
689	such facilities meet all other health, life, safety, and fire
690	codes.
691	(g)  Adopt alternative methods of class scheduling, such as
692	block scheduling.
693	(h)  Redraw school attendance zones to maximize use of
694	facilities while minimizing the additional use of
695	transportation.
696	(i)  Operate schools beyond the normal operating hours to
697	provide classes in the evening or operate more than one session
698	of school during the day.
699	(j)  Use year-round schools and other nontraditional
700	calendars that do not adversely impact annual assessment of
701	student achievement.
702	(k)  Review and consider amending any collective bargaining
703	contracts that hinder the implementation of class size
704	reduction.
705	(l)  Use any other approach not prohibited by law.
706	(4)  ACCOUNTABILITY.-
707	(a)  For the 2010-2011 school year, if at the time of the
708	February 2011 student membership survey the school district's
709	class size exceeds the maximums as described in subsection (1),
710	the department shall:
711	1.  Identify, for each grade group, the number of full-time
712	equivalent students that exceeds the maximum number of students
713	assigned to any teacher in an individual class.
714	2.  Multiply the total number of full-time equivalent
715	students that exceeds the maximum class size for each grade
716	group by the district's full-time equivalent student dollar
717	amount of the class-size-reduction operating categorical
718	allocation for that year and calculate the total for all three
719	grade groups.
720	3.  Reduce the district's class-size-reduction operating
721	categorical allocation by an amount equal to the calculation in
722	subparagraph 2.
723	(b)  For the 2011-2012 school year and annually thereafter,
724	if at the time of the third Florida Education Finance Program
725	calculation a school district's class size exceeds the maximums
726	as described in subsection (1), the department shall reduce the
727	district's class-size-reduction operating categorical allocation
728	as calculated according to subparagraphs (a)1.-3.
729	(a)1.  Beginning in the 2003-2004 fiscal year, if the
730	department determines for any year that a school district has
731	not reduced average class size as required in subsection (2) at
732	the time of the third FEFP calculation, the department shall
733	calculate an amount from the class size reduction operating
734	categorical which is proportionate to the amount of class size
735	reduction not accomplished. Upon verification of the
736	department's calculation by the Florida Education Finance
737	Program Appropriation Allocation Conference and not later than
738	March 1 of each year, the Executive Office of the Governor shall
739	transfer undistributed funds equivalent to the calculated amount
740	from the district's class size reduction operating categorical
741	to an approved fixed capital outlay appropriation for class size
742	reduction in the affected district pursuant to s. 216.292(2)(d).
743	The amount of funds transferred shall be the lesser of the
744	amount verified by the Florida Education Finance Program
745	Appropriation Allocation Conference or the undistributed balance
746	of the district's class size reduction operating categorical.
747	2.  In lieu of the transfer required by subparagraph 1.,
748	the Commissioner of Education may recommend a budget amendment,
749	subject to approval by the Legislative Budget Commission, to
750	transfer an alternative amount of funds from the district's
751	class size reduction operating categorical to its approved fixed
752	capital outlay account for class size reduction if the
753	commissioner finds that the State Board of Education has
754	reviewed evidence indicating that a district has been unable to
755	meet class size reduction requirements despite appropriate
756	effort to do so. The commissioner's budget amendment must be
757	submitted to the Legislative Budget Commission by February 15 of
758	each year.
759	(c)3.  For the 2007-2008 fiscal year and thereafter, If in
760	any fiscal year funds from a district's class size operating
761	categorical are required to be reduced in accordance with
762	paragraph (a) or paragraph (b) transferred to its fixed capital
763	outlay fund and the district's class size operating categorical
764	allocation in the General Appropriations Act for that fiscal
765	year has been reduced by a subsequent appropriation, the
766	Commissioner of Education may recommend a 50-percent reduction
767	in the amount calculated in accordance with paragraph (a) or
768	paragraph (b) of the transfer.
769	(b)  Beginning in the 2010-2011 fiscal year and each year
770	thereafter, if the department determines that the number of
771	students assigned to any individual class exceeds the class size
772	maximum, as required in subsection (2), at the time of the third
773	FEFP calculation, the department shall:
774	1.  Identify, for each grade group, the number of classes
775	in which the enrollment exceeds the maximum, the number of
776	students which exceeds the maximum for each class, and the total
777	number of students which exceeds the maximum for all classes.
778	2.  Determine the number of full-time equivalent students
779	which exceeds the maximum class size for each grade group.
780	3.  Multiply the total number of FTE students which exceeds
781	the maximum class size for each grade group by the district's
782	FTE dollar amount of the class-size-reduction allocation for
783	that year and calculate the total for all three grade groups.
784	4.  Reduce the district's class-size-reduction operating
785	categorical allocation by an amount equal to the sum of the
786	calculation in subparagraph 3.
787	(d)(c)  Upon verification of the department's calculation
788	by the Florida Education Finance Program Appropriation
789	Allocation Conference and no later than March 1 of each year,
790	the Executive Office of the Governor shall place these funds in
791	reserve, and the undistributed funds shall revert to the General
792	Revenue Fund unallocated at the end of the fiscal year. The
793	amount of funds reduced shall be the lesser of the amount
794	verified by the Florida Education Finance Program Appropriation
795	Allocation Conference or the undistributed balance of the
796	district's class-size-reduction operating categorical
797	allocation.
798	(e)(d)  In lieu of the reduction calculation in paragraph
799	(a) or paragraph (b), if the Commissioner of Education has
800	evidence that a district has been unable to meet the class size
801	requirements, despite the appropriate efforts of the district,
802	due to an extreme emergency or other causes beyond the control
803	of the district, he or she may recommend a budget amendment,
804	subject to approval of the Legislative Budget Commission, to
805	reduce an alternative amount of funds from the district's class-
806	size-reduction operating categorical allocation. The
807	commissioner's budget amendment must be submitted to the
808	Legislative Budget Commission by February 15 of each year.
809	(e)  In addition to the calculation required in paragraph
810	(a), at the time of the third FEFP calculation for the 2009-2010
811	fiscal year, the department shall also prepare a simulated
812	calculation based on the requirements in paragraphs (b) and (c).
813	This simulated calculation shall be provided to the school
814	districts and the Legislature.
815	Section 13.  Section 1003.572, Florida Statutes, is created
816	to read:
817	1003.572  Gifted student education.-
818	(1)  For students in kindergarten through grade 12, each
819	district school board shall annually report to the department by
820	school and grade level:
821	(a)  The number of students classified as gifted. Such
822	reporting shall separately identify the number of students
823	classified as gifted under generally applicable criteria set
824	forth in State Board of Education rule and under a department-
825	approved school district plan for increasing the participation
826	of underrepresented groups.
827	(b)  The types of gifted student education services that it
828	provides and the number of students receiving each service. Such
829	reporting shall:
830	1.  Separately identify gifted student education services
831	that provide: direct instruction to a class consisting only of
832	gifted students; differentiated instruction for gifted students
833	within a class that also includes students who are not gifted;
834	and noninstructional consultation services.
835	2.  Indicate the number of hours per week that each service
836	identified under subparagraph 1. is provided to each gifted
837	student and if the service is provided by a teacher who has
838	received the gifted endorsement under State Board of Education
839	rule.
840	(c)  Performance data for students receiving gifted student
841	education services.
842	(2)  When reporting the number of students under subsection
843	(1), district school boards shall classify students according to
844	race, ethnicity, limited English proficient status, and free or
845	reduced-price lunch eligibility status under the National School
846	Lunch Act.
847	(3)  The department shall develop data elements to
848	facilitate district school board reporting under subsection (1).
849	(4)  The State Board of Education shall adopt rules
850	pursuant to ss. 120.536(1) and 120.54 to implement this section.
851	Section 14.  Section 1006.281, Florida Statutes, is created
852	to read:
853	1006.281  Electronic learning management systems.-
854	(1)  To ensure that all school districts have equitable
855	access to digitally rich instructional materials, districts are
856	encouraged to have access to an electronic learning management
857	system that allows teachers, staff, students, and parents to
858	access, organize, and utilize electronically available
859	instructional materials and teaching and learning tools and
860	resources and enables teachers to manage, assess, and track
861	student learning.
862	(2)  To the extent fiscally and technologically feasible, a
863	school district's electronic learning management system should
864	allow for a single, authenticated sign-on that includes the
865	following functionality:
866	(a)  Vertically searches for, gathers, and organizes
867	specific standards-based instructional materials.
868	(b)  Enables teachers to prepare lessons, individualize
869	student instruction, and utilize best practices for providing
870	instruction.
871	(c)  Provides communication, including access to up-to-date
872	student performance data, to help teachers and parents better
873	serve the needs of students.
874	(d)  Provides access for administrators to ensure quality
875	of instruction in every classroom.
876	(3)  The Department of Education shall provide assistance
877	as requested by school districts in the deployment of a district
878	electronic learning management system.
879	Section 15.  Subsection (4) of section 1006.29, Florida
880	Statutes, is amended to read:
881	1006.29  State instructional materials committees.-
882	(4)  For purposes of state adoption, "instructional
883	materials" means items having intellectual content that by
884	design serve as a major tool for assisting in the instruction of
885	a subject or course. These items may be available in bound,
886	unbound, kit, or package form and may consist of hardbacked, or
887	softbacked, or electronic textbooks, consumables, learning
888	laboratories, manipulatives, electronic media, and computer
889	courseware or software. A publisher or manufacturer providing
890	instructional materials as a single bundle shall also make the
891	instructional materials available as separate and unbundled
892	items, each priced individually. The term does not include
893	electronic or computer hardware even if such hardware is bundled
894	with software or other electronic media, nor does it include
895	equipment or supplies.
896	Section 16.  Paragraphs (a) and (b) of subsection (1) of
897	section 1006.33, Florida Statutes, are amended to read:
898	1006.33  Bids or proposals; advertisement and its
899	contents.-
900	(1)(a)  Beginning on or before May 15 of any year in which
901	an instructional materials adoption is to be initiated, the
902	department shall advertise in the Florida Administrative Weekly
903	4 weeks preceding the date on which the bids shall be received,
904	that at a certain designated time, not later than June 15,
905	sealed bids or proposals to be deposited with the department
906	will be received from publishers or manufacturers for the
907	furnishing of instructional materials proposed to be adopted as
908	listed in the advertisement beginning April 1 following the
909	adoption. Instructional materials adopted after 2012-2013 for
910	students in grades 9 through 12 shall primarily be adopted and
911	delivered in electronic format.
912	(b)  Beginning in the 2010-2011 fiscal year, the
913	advertisement shall state that each bidder shall furnish
914	electronic specimen copies of all instructional materials
915	submitted, at a time designated by the department, which
916	specimen copies shall be identical with the copies approved and
917	accepted by the members of the state instructional materials
918	committee, as prescribed in this section, and with the copies
919	furnished to the department and district school superintendents,
920	as provided in this part. Any district school superintendent who
921	requires samples in addition to samples in electronic format
922	must request those samples through the department.
923	Section 17.  Subsection (4) of section 1006.40, Florida
924	Statutes, is amended to read:
925	1006.40  Use of instructional materials allocation;
926	instructional materials, library books, and reference books;
927	repair of books.-
928	(4)  The funds described in subsection (3) which district
929	school boards may use to purchase materials not on the state-
930	adopted list shall be used for the purchase of instructional
931	materials or other items having intellectual content which
932	assist in the instruction of a subject or course. These items
933	may be available in bound, unbound, kit, or package form and may
934	consist of hardbacked, or softbacked, or electronic textbooks,
935	replacements for items which were part of previously purchased
936	instructional materials, consumables, learning laboratories,
937	manipulatives, electronic media, computer courseware or
938	software, and other commonly accepted instructional tools as
939	prescribed by district school board rule. Beginning with the
940	2012-2013 fiscal year, the funds available to district school
941	boards for the purchase of materials not on the state-adopted
942	list may not be used to purchase electronic or computer hardware
943	even if such hardware is provided for the sole purpose of
944	delivering instructional materials content in an electronic
945	format. The funds provided for instructional materials bundled
946	with software or other electronic media, nor may not such funds
947	be used to purchase equipment or supplies. However, when
948	authorized to do so in the General Appropriations Act, a school
949	or district school board may use a portion of the funds
950	available to it for the purchase of materials not on the state-
951	adopted list to purchase science laboratory materials and
952	supplies.
953	Section 18.  Subsection (1) of section 1007.27, Florida
954	Statutes, is amended to read:
955	1007.27  Articulated acceleration mechanisms.-
956	(1)  It is the intent of the Legislature that a variety of
957	articulated acceleration mechanisms be available for secondary
958	and postsecondary students attending public educational
959	institutions. It is intended that articulated acceleration serve
960	to shorten the time necessary for a student to complete the
961	requirements associated with the conference of a high school
962	diploma and a postsecondary degree, broaden the scope of
963	curricular options available to students, or increase the depth
964	of study available for a particular subject. Articulated
965	acceleration mechanisms shall include, but not be limited to,
966	dual enrollment as provided for in s. 1007.271, early admission,
967	advanced placement, credit by examination, the International
968	Baccalaureate Program, and the Advanced International
969	Certificate of Education Program. Credit earned through the
970	Florida Virtual School shall provide additional opportunities
971	for early graduation and acceleration. Students in public
972	secondary schools enrolled in courses pursuant to this
973	subsection shall be deemed authorized users of the state-funded
974	electronic library resources provided by Florida colleges and
975	state universities pursuant to s. 1006.72. Verification of
976	eligibility shall be in accordance with rules established by the
977	State Board of Education and the Board of Governors and
978	processes implemented by Florida colleges and state
979	universities.
980	Section 19.  Paragraph (p) of subsection (1), paragraphs
981	(a) and (b) of subsection (4), subsection (6), paragraph (d) of
982	subsection (7), and paragraph (a) of subsection (12) of section
983	1011.62, Florida Statutes, are amended to read:
984	1011.62  Funds for operation of schools.-If the annual
985	allocation from the Florida Education Finance Program to each
986	district for operation of schools is not determined in the
987	annual appropriations act or the substantive bill implementing
988	the annual appropriations act, it shall be determined as
989	follows:
990	(1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
991	OPERATION.-The following procedure shall be followed in
992	determining the annual allocation to each district for
993	operation:
994	(p)  Calculation of additional full-time equivalent
995	membership based on certification of successful completion of
996	industry-certified career and professional academy programs
997	pursuant to ss. 1003.491, 1003.492, and 1003.493 and identified
998	in the Industry Certification Certified Funding List pursuant to
999	rules adopted by the State Board of Education.-A value of 0.16
1000	0.3 full-time equivalent student membership shall be calculated
1001	for each student who completes an industry-certified career and
1002	professional academy program under ss. 1003.491, 1003.492, and
1003	1003.493 and who is issued the highest level of industry
1004	certification identified annually in the Industry Certification
1005	Funding List approved under rules adopted by the State Board of
1006	Education and a high school diploma. Such value shall be added
1007	to the total full-time equivalent student membership in
1008	secondary career education programs for grades 9 through 12 in
1009	the subsequent year for courses that were not funded through
1010	dual enrollment. The additional full-time equivalent membership
1011	authorized under this paragraph may not exceed 0.16 0.3 per
1012	student. Unless a different amount is specified in the General
1013	Appropriations Act, the appropriation for this calculation is
1014	limited to $8 $15 million annually. If the appropriation is
1015	insufficient to fully fund the total calculation, the
1016	appropriation shall be prorated.
1017	(4)  COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.-The
1018	Legislature shall prescribe the aggregate required local effort
1019	for all school districts collectively as an item in the General
1020	Appropriations Act for each fiscal year. The amount that each
1021	district shall provide annually toward the cost of the Florida
1022	Education Finance Program for kindergarten through grade 12
1023	programs shall be calculated as follows:
1024	(a)  Estimated taxable value calculations.-
1025	1.a.  Not later than 2 working days prior to July 19, the
1026	Department of Revenue shall certify to the Commissioner of
1027	Education its most recent estimate of the taxable value for
1028	school purposes in each school district and the total for all
1029	school districts in the state for the current calendar year
1030	based on the latest available data obtained from the local
1031	property appraisers. The value certified shall be the taxable
1032	value for school purposes for that year, and no further
1033	adjustments shall be made, except those made pursuant to
1034	paragraphs (c) and (d), or an assessment roll change required by
1035	final judicial decisions as specified in paragraph (12)(b). Not
1036	later than July 19, the Commissioner of Education shall compute
1037	a millage rate, rounded to the next highest one one-thousandth
1038	of a mill, which, when applied to 96 95 percent of the estimated
1039	state total taxable value for school purposes, would generate
1040	the prescribed aggregate required local effort for that year for
1041	all districts. The Commissioner of Education shall certify to
1042	each district school board the millage rate, computed as
1043	prescribed in this subparagraph, as the minimum millage rate
1044	necessary to provide the district required local effort for that
1045	year.
1046	b.  The General Appropriations Act shall direct the
1047	computation of the statewide adjusted aggregate amount for
1048	required local effort for all school districts collectively from
1049	ad valorem taxes to ensure that no school district's revenue
1050	from required local effort millage will produce more than 90
1051	percent of the district's total Florida Education Finance
1052	Program calculation as calculated and adopted by the
1053	Legislature, and the adjustment of the required local effort
1054	millage rate of each district that produces more than 90 percent
1055	of its total Florida Education Finance Program entitlement to a
1056	level that will produce only 90 percent of its total Florida
1057	Education Finance Program entitlement in the July calculation.
1058	2.  On the same date as the certification in sub-
1059	subparagraph 1.a., the Department of Revenue shall certify to
1060	the Commissioner of Education for each district:
1061	a.  Each year for which the property appraiser has
1062	certified the taxable value pursuant to s. 193.122(2) or (3), if
1063	applicable, since the prior certification under sub-subparagraph
1064	1.a.
1065	b.  For each year identified in sub-subparagraph a., the
1066	taxable value certified by the appraiser pursuant to s.
1067	193.122(2) or (3), if applicable, since the prior certification
1068	under sub-subparagraph 1.a. This is the certification that
1069	reflects all final administrative actions of the value
1070	adjustment board.
1071	(b)  Equalization of required local effort.-
1072	1.  The Department of Revenue shall include with its
1073	certifications provided pursuant to paragraph (a) its most
1074	recent determination of the assessment level of the prior year's
1075	assessment roll for each county and for the state as a whole.
1076	2.  The Commissioner of Education shall adjust the required
1077	local effort millage of each district for the current year,
1078	computed pursuant to paragraph (a), as follows:
1079	a.  The equalization factor for the prior year's assessment
1080	roll of each district shall be multiplied by 96 95 percent of
1081	the taxable value for school purposes shown on that roll and by
1082	the prior year's required local-effort millage, exclusive of any
1083	equalization adjustment made pursuant to this paragraph. The
1084	dollar amount so computed shall be the additional required local
1085	effort for equalization for the current year.
1086	b.  Such equalization factor shall be computed as the
1087	quotient of the prior year's assessment level of the state as a
1088	whole divided by the prior year's assessment level of the
1089	county, from which quotient shall be subtracted 1.
1090	c.  The dollar amount of additional required local effort
1091	for equalization for each district shall be converted to a
1092	millage rate, based on 96 95 percent of the current year's
1093	taxable value for that district, and added to the required local
1094	effort millage determined pursuant to paragraph (a).
1095	3.  Notwithstanding the limitations imposed pursuant to s.
1096	1011.71(1), the total required local-effort millage, including
1097	additional required local effort for equalization, shall be an
1098	amount not to exceed 10 minus the maximum millage allowed as
1099	nonvoted discretionary millage, exclusive of millage authorized
1100	pursuant to s. 1011.71(2). Nothing herein shall be construed to
1101	allow a millage in excess of that authorized in s. 9, Art. VII
1102	of the State Constitution.
1103	4.  For the purposes of this chapter, the term "assessment
1104	level" means the value-weighted mean assessment ratio for the
1105	county or state as a whole, as determined pursuant to s.
1106	195.096, or as subsequently adjusted. However, for those parcels
1107	studied pursuant to s. 195.096(3)(a)1. which are receiving the
1108	assessment limitation set forth in s. 193.155, and for which the
1109	assessed value is less than the just value, the department shall
1110	use the assessed value in the numerator and the denominator of
1111	such assessment ratio. In the event a court has adjudicated that
1112	the department failed to establish an accurate estimate of an
1113	assessment level of a county and recomputation resulting in an
1114	accurate estimate based upon the evidence before the court was
1115	not possible, that county shall be presumed to have an
1116	assessment level equal to that of the state as a whole.
1117	5.  If, in the prior year, taxes were levied against an
1118	interim assessment roll pursuant to s. 193.1145, the assessment
1119	level and prior year's nonexempt assessed valuation used for the
1120	purposes of this paragraph shall be those of the interim
1121	assessment roll.
1122	(6)  CATEGORICAL FUNDS.-
1123	(a)  In addition to the basic amount for current operations
1124	for the FEFP as determined in subsection (1), the Legislature
1125	may appropriate categorical funding for specified programs,
1126	activities, or purposes.
1127	(b)  If a district school board finds and declares in a
1128	resolution adopted at a regular meeting of the school board that
1129	the funds received for any of the following categorical
1130	appropriations are urgently needed to maintain school board
1131	specified academic classroom instruction or to provide
1132	technological equipment that supports student learning, the
1133	school board may consider and approve an amendment to the school
1134	district operating budget transferring the identified amount of
1135	the categorical funds to the appropriate account for
1136	expenditure:
1137	1.  Funds for student transportation.
1138	2.  Funds for safe schools.
1139	3.  Funds for supplemental academic instruction.
1140	4.  Funds for research-based reading instruction.
1141	5.  Funds for instructional materials if all instructional
1142	material purchases necessary to provide updated materials
1143	aligned to the Next Generation Sunshine State Standards and
1144	benchmarks pursuant to ss. 1006.28(1) and 1006.40(2)(a) have
1145	been completed for that fiscal year, but no sooner than March 1,
1146	2011 2010.
1147	(c)  As used in this subsection, the term "technological
1148	equipment" is limited to hardware, devices, or equipment
1149	necessary for:
1150	1.  Gaining access to or enhancing the use of an electronic
1151	textbook and other types of digitally rich instructional
1152	materials; or
1153	2.  Facilitating access to and the use of a school
1154	district's electronic learning and data management systems that
1155	allow teachers, staff, students, and parents to have access to
1156	electronically available instructional materials and teaching
1157	and learning tools and resources.
1158
1159	Technological equipment purchased from categorical funds
1160	pursuant to this subsection must meet performance standards
1161	related to interactive functionality, capacity, and reliability
1162	as determined by the department. The department is encouraged to
1163	negotiate enterprise agreements with interested technological
1164	equipment vendors and service providers. By February 1, 2011,
1165	the department shall publish a list of recommended vendors and
1166	service providers. Districts choosing devices or services from
1167	vendors or providers not on the department's list may seek a
1168	waiver from the Commissioner of Education if their proposed
1169	purchases represent better value for the district.
1170	(d)(c)  Each district school board shall include in its
1171	annual financial report to the Department of Education the
1172	amount of funds the school board transferred from each of the
1173	categorical funds identified in this subsection and the specific
1174	academic classroom instruction for which the transferred funds
1175	were expended. The Department of Education shall provide
1176	instructions and specify the format to be used in submitting
1177	this required information as a part of the district annual
1178	financial report. The Department of Education shall submit a
1179	report to the Legislature that identifies by district and by
1180	categorical fund the amount transferred and the specific
1181	academic classroom activity for which the funds were expended.
1182	(e)(d)  If a district school board transfers funds from its
1183	research-based reading instruction allocation, the board must
1184	also submit to the Department of Education an amendment
1185	describing the changes that the district is making to its
1186	reading plan approved pursuant to paragraph (9)(d).
1187	(7)  DETERMINATION OF SPARSITY SUPPLEMENT.-
1188	(d)  Each district's allocation of sparsity supplement
1189	funds shall be adjusted in the following manner:
1190	1.  A maximum discretionary levy per FTE value for each
1191	district shall be calculated by dividing the value of each
1192	district's maximum discretionary levy by its FTE student count.
1193	2.  A state average discretionary levy value per FTE shall
1194	be calculated by dividing the total maximum discretionary levy
1195	value for all districts by the state total FTE student count.
1196	3.  A total potential funds per FTE for each district shall
1197	be calculated by dividing the total potential funds, not
1198	including Florida School Recognition Program funds, Merit Award
1199	Program funds, and the minimum guarantee funds, for each
1200	district by its FTE student count.
1201	4.  A state average total potential funds per FTE shall be
1202	calculated by dividing the total potential funds, not including
1203	Florida School Recognition Program funds, Merit Award Program
1204	funds, and the minimum guarantee funds, for all districts by the
1205	state total FTE student count.
1206	5.  For districts that have a levy value per FTE as
1207	calculated in subparagraph 1. higher than the state average
1208	calculated in subparagraph 2., a sparsity wealth adjustment
1209	shall be calculated as the product of the difference between the
1210	state average levy value per FTE calculated in subparagraph 2.
1211	and the district's levy value per FTE calculated in subparagraph
1212	1. and the district's FTE student count and -1. However, no
1213	district shall have a sparsity wealth adjustment that, when
1214	applied to the total potential funds calculated in subparagraph
1215	3., would cause the district's total potential funds per FTE to
1216	be less than the state average calculated in subparagraph 4.
1217	6.  Each district's sparsity supplement allocation shall be
1218	calculated by adding the amount calculated as specified in
1219	paragraphs (a) and (b) and the wealth adjustment amount
1220	calculated in this paragraph.
1221	(12)  TOTAL ALLOCATION OF STATE FUNDS TO EACH DISTRICT FOR
1222	CURRENT OPERATION.-The total annual state allocation to each
1223	district for current operation for the FEFP shall be distributed
1224	periodically in the manner prescribed in the General
1225	Appropriations Act.
1226	(a)  If the funds appropriated for current operation of the
1227	FEFP are not sufficient to pay the state requirement in full,
1228	the department shall prorate the available state funds to each
1229	district in the following manner:
1230	1.  Determine the percentage of proration by dividing the
1231	sum of the total amount for current operation, as provided in
1232	this paragraph for all districts collectively, and the total
1233	district required local effort into the sum of the state funds
1234	available for current operation and the total district required
1235	local effort.
1236	2.  Multiply the percentage so determined by the sum of the
1237	total amount for current operation as provided in this paragraph
1238	and the required local effort for each individual district.
1239	3.  From the product of such multiplication, subtract the
1240	required local effort of each district; and the remainder shall
1241	be the amount of state funds allocated to the district for
1242	current operation provided that no calculation subsequent to the
1243	appropriation shall result in negative state funds for any
1244	district.
1245	Section 20.  Subsection (1) of section 1011.67, Florida
1246	Statutes, is amended to read:
1247	1011.67  Funds for instructional materials.-
1248	(1)  The department is authorized to allocate and
1249	distribute to each district an amount as prescribed annually by
1250	the Legislature for instructional materials for student
1251	membership in basic and special programs in grades K-12, which
1252	will provide for growth and maintenance needs. For purposes of
1253	this subsection, unweighted full-time equivalent students
1254	enrolled in the lab schools in state universities are to be
1255	included as school district students and reported as such to the
1256	department. These funds shall be distributed to school districts
1257	as follows: 50 percent on or about July 10; 35 percent on or
1258	about October 10; 10 percent on or about January 10; and 5
1259	percent on or about June 10. The annual allocation shall be
1260	determined as follows:
1261	(a)  The growth allocation for each school district shall
1262	be calculated as follows:
1263	1.  Subtract from that district's projected full-time
1264	equivalent membership of students in basic and special programs
1265	in grades K-12 used in determining the initial allocation of the
1266	Florida Education Finance Program, the prior year's full-time
1267	equivalent membership of students in basic and special programs
1268	in grades K-12 for that district.
1269	2.  Multiply any such increase in full-time equivalent
1270	student membership by the allocation for a set of instructional
1271	materials, as determined by the department, or as provided for
1272	in the General Appropriations Act.
1273	3.  The amount thus determined shall be that district's
1274	initial allocation for growth for the school year. However, the
1275	department shall recompute and adjust the initial allocation
1276	based on actual full-time equivalent student membership data for
1277	that year.
1278	(b)  The maintenance of the instructional materials
1279	allocation for each school district shall be calculated by
1280	multiplying each district's prior year full-time equivalent
1281	membership of students in basic and special programs in grades
1282	K-12 by the allocation for maintenance of a set of instructional
1283	materials as provided for in the General Appropriations Act. The
1284	amount thus determined shall be that district's initial
1285	allocation for maintenance for the school year; however, the
1286	department shall recompute and adjust the initial allocation
1287	based on such actual full-time equivalent student membership
1288	data for that year.
1289	(c)  In the event the funds appropriated are not sufficient
1290	for the purpose of implementing this subsection in full, the
1291	department shall prorate the funds available for instructional
1292	materials after first funding in full each district's growth
1293	allocation.
1294	Section 21.  Subsection (2) of section 1011.68, Florida
1295	Statutes, is amended to read:
1296	1011.68  Funds for student transportation.-The annual
1297	allocation to each district for transportation to public school
1298	programs, including charter schools as provided in s.
1299	1002.33(17)(b), of students in membership in kindergarten
1300	through grade 12 and in migrant and exceptional student programs
1301	below kindergarten shall be determined as follows:
1302	(2)  The allocation for each district shall be calculated
1303	annually in accordance with the following formula:
1304	T = B + EX. The elements of this formula are defined as follows:
1305	T is the total dollar allocation for transportation. B is the
1306	base transportation dollar allocation prorated by an adjusted
1307	student membership count. The adjusted membership count shall be
1308	derived from a multiplicative index function in which the base
1309	student membership is adjusted by multiplying it by index
1310	numbers that individually account for the impact of the price
1311	level index, average bus occupancy, and the extent of rural
1312	population in the district. EX is the base transportation dollar
1313	allocation for disabled students prorated by an adjusted
1314	disabled student membership count. The base transportation
1315	dollar allocation for disabled students is the total state base
1316	disabled student membership count weighted for increased costs
1317	associated with transporting disabled students and multiplying
1318	it by a the prior year's average per student cost for
1319	transportation as determined by the Legislature. The adjusted
1320	disabled student membership count shall be derived from a
1321	multiplicative index function in which the weighted base
1322	disabled student membership is adjusted by multiplying it by
1323	index numbers that individually account for the impact of the
1324	price level index, average bus occupancy, and the extent of
1325	rural population in the district. Each adjustment factor shall
1326	be designed to affect the base allocation by no more or less
1327	than 10 percent.
1328	Section 22.  Paragraph (b) of subsection (3) of section
1329	1011.71, Florida Statutes, is amended to read:
1330	1011.71  District school tax.-
1331	(3)
1332	(b)  In addition to the millage authorized in this section,
1333	each district school board may, by a super majority vote, levy
1334	an additional 0.25 mills for critical capital outlay needs or
1335	for critical operating needs. If levied for capital outlay,
1336	expenditures shall be subject to the requirements of this
1337	section. If levied for operations, expenditures shall be
1338	consistent with the requirements for operating funds received
1339	pursuant to s. 1011.62. If the district levies this additional
1340	0.25 mills for operations, the compression adjustment pursuant
1341	to s. 1011.62(5) shall be calculated and added to the district's
1342	FEFP allocation. Millage levied pursuant to this paragraph is
1343	subject to the provisions of s. 200.065. In order to be
1344	continued after the 2010-2011 fiscal year, millage levied
1345	pursuant to this paragraph must be approved by the voters of the
1346	district at the 2010 next general election or at a subsequent
1347	election held at any time, except that not more than one such
1348	election shall be held during any 12-month period. Any millage
1349	so authorized shall be levied for a period not in excess of 2
1350	years or until changed by another millage election, whichever is
1351	earlier. If any such election is invalidated by a court of
1352	competent jurisdiction, such invalidated election shall be
1353	considered not to have been held.
1354	Section 23.  Subsection (2) of section 1011.73, Florida
1355	Statutes, is amended to read:
1356	1011.73  District millage elections.-
1357	(2)  MILLAGE AUTHORIZED NOT TO EXCEED 4 YEARS.-The district
1358	school board, pursuant to resolution adopted at a regular
1359	meeting, shall direct the county commissioners to call an
1360	election at which the electors within the school district may
1361	approve an ad valorem tax millage as authorized under s.
1362	1011.71(9)(8). Such election may be held at any time, except
1363	that not more than one such election shall be held during any
1364	12-month period. Any millage so authorized shall be levied for a
1365	period not in excess of 4 years or until changed by another
1366	millage election, whichever is earlier. If any such election is
1367	invalidated by a court of competent jurisdiction, such
1368	invalidated election shall be considered not to have been held.
1369	Section 24.  Paragraphs (a) and (b) of subsection (2) of
1370	section 1013.64, Florida Statutes, are amended to read:
1371	1013.64  Funds for comprehensive educational plant needs;
1372	construction cost maximums for school district capital
1373	projects.-Allocations from the Public Education Capital Outlay
1374	and Debt Service Trust Fund to the various boards for capital
1375	outlay projects shall be determined as follows:
1376	(2)(a)  The department shall establish, as a part of the
1377	Public Education Capital Outlay and Debt Service Trust Fund, a
1378	separate account, in an amount determined by the Legislature, to
1379	be known as the "Special Facility Construction Account." The
1380	Special Facility Construction Account shall be used to provide
1381	necessary construction funds to school districts which have
1382	urgent construction needs but which lack sufficient resources at
1383	present, and cannot reasonably anticipate sufficient resources
1384	within the period of the next 3 years, for these purposes from
1385	currently authorized sources of capital outlay revenue. A school
1386	district requesting funding from the Special Facility
1387	Construction Account shall submit one specific construction
1388	project, not to exceed one complete educational plant, to the
1389	Special Facility Construction Committee. No district shall
1390	receive funding for more than one approved project in any 3-year
1391	period. The first year of the 3-year period shall be the first
1392	year a district receives an appropriation. The department shall
1393	encourage a construction program that reduces the average size
1394	of schools in the district. The request must meet the following
1395	criteria to be considered by the committee:
1396	1.  The project must be deemed a critical need and must be
1397	recommended for funding by the Special Facility Construction
1398	Committee. Prior to developing plans for the proposed facility,
1399	the district school board must request a preapplication review
1400	by the Special Facility Construction Committee or a project
1401	review subcommittee convened by the committee to include two
1402	representatives of the department and two staff from school
1403	districts not eligible to participate in the program. Within 60
1404	days after receiving the preapplication review request, the
1405	committee or subcommittee must meet in the school district to
1406	review the project proposal and existing facilities. To
1407	determine whether the proposed project is a critical need, the
1408	committee or subcommittee shall consider, at a minimum, the
1409	capacity of all existing facilities within the district as
1410	determined by the Florida Inventory of School Houses; the
1411	district's pattern of student growth; the district's existing
1412	and projected capital outlay full-time equivalent student
1413	enrollment as determined by the department; the district's
1414	existing satisfactory student stations; the use of all existing
1415	district property and facilities; grade level configurations;
1416	and any other information that may affect the need for the
1417	proposed project.
1418	2.  The construction project must be recommended in the
1419	most recent survey or surveys conducted and approved by the
1420	Office of Educational Facilities with the assistance of by the
1421	district under the rules of the State Board of Education.
1422	3.  The construction project must appear on the district's
1423	approved project priority list under the rules of the State
1424	Board of Education.
1425	4.  The district must have selected and had approved a site
1426	for the construction project in compliance with s. 1013.36 and
1427	the rules of the State Board of Education.
1428	5.  With the assistance of the Office of Educational
1429	Facilities, the district shall have developed a district school
1430	board adopted list of facilities that do not exceed the norm for
1431	net square feet occupancy requirements under the State
1432	Requirements for Educational Facilities, using all possible
1433	programmatic combinations for multiple use of space to obtain
1434	maximum daily use of all spaces within the facility under
1435	consideration.
1436	6.  Upon construction, the total cost per student station,
1437	including change orders, must not exceed the cost per student
1438	station as provided in subsection (6). The total project may not
1439	exceed the cost estimate approved by the Special Facility
1440	Construction Committee, and additional funding may not be added
1441	except for providential causes.
1442	7.  There shall be an agreement signed by the district
1443	school board stating that it will advertise for bids within 30
1444	days of receipt of its encumbrance authorization from the
1445	department.
1446	8.  The district shall, at the time of the request and for
1447	a continuing period of 3 years, levy the maximum millage against
1448	their nonexempt assessed property value as allowed in s.
1449	1011.71(2) or shall raise an equivalent amount of revenue from
1450	the school capital outlay surtax authorized under s. 212.055(6).
1451	Any district with a new or active project, funded under the
1452	provisions of this subsection, shall be required to budget no
1453	more than the value of 1.5 mills per year to the project to
1454	satisfy the annual participation requirement in the Special
1455	Facility Construction Account.
1456	9.  If a contract has not been signed 90 days after the
1457	advertising of bids, the funding for the specific project shall
1458	revert to the Special Facility New Construction Account to be
1459	reallocated to other projects on the list. However, an
1460	additional 90 days may be granted by the commissioner.
1461	10.  The department shall certify the inability of the
1462	district to fund the survey-recommended project over a
1463	continuous 3-year period using projected capital outlay revenue
1464	derived from s. 9(d), Art. XII of the State Constitution, as
1465	amended, paragraph (3)(a) of this section, and s. 1011.71(2).
1466	11.  The district shall have on file with the department an
1467	adopted resolution acknowledging its 3-year commitment of all
1468	unencumbered and future revenue acquired from s. 9(d), Art. XII
1469	of the State Constitution, as amended, paragraph (3)(a) of this
1470	section, and s. 1011.71(2).
1471	12.  Final phase III plans must be certified by the board
1472	as complete and in compliance with the building and life safety
1473	codes, and reviewed and approved by the Office of Educational
1474	Facilities, prior to August 1.
1475	(b)  The Special Facility Construction Committee shall be
1476	composed of the following: two representatives of the Department
1477	of Education, a representative from the Governor's office, and
1478	two representatives of school districts. The school district
1479	representatives must be from districts that do not currently
1480	qualify for appropriations from the Special Facility
1481	Construction Account and shall be a representative selected
1482	annually, one by the district school boards, and one a
1483	representative selected annually by the superintendents.
1484	Section 25.  Except as otherwise expressly provided in this
1485	act, this act shall take effect July 1, 2010.

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