Florida Senate - 2017                                    SB 2516
       By the Committee on Appropriations
       576-03476-17                                          20172516__
    1                        A bill to be entitled                      
    2         An act relating to education funding; amending s.
    3         11.45, F.S.; requiring the Auditor General to conduct
    4         annual audits of the Florida School for the Deaf and
    5         the Blind; amending s. 413.615, F.S.; extending the
    6         date for future legislative review and repeal of
    7         provisions governing the Florida Endowment for
    8         Vocational Rehabilitation; amending s. 1011.62, F.S.;
    9         revising the student membership surveys to be used for
   10         the funding model for certain students; requiring the
   11         300 lowest-performing elementary schools to provide a
   12         specified summer school program; requiring that the
   13         designation of the 300 lowest-performing schools be
   14         based on the prior year’s state reading assessment;
   15         requiring certain schools on the list to maintain the
   16         program for a specified time; revising the schools
   17         that may be considered small, isolated schools to
   18         include elementary schools that meet certain
   19         requirements, for the purpose of determining the
   20         annual allocation to each district; revising the
   21         computation of the district sparsity index for school
   22         districts that meet certain criteria; deleting
   23         obsolete language; requiring the amount calculated for
   24         the federally connected student supplement for an
   25         eligible school district to be recalculated during the
   26         year; requiring certain school districts to delineate
   27         certain reading strategies in their comprehensive
   28         reading plans; requiring the total allocation to be
   29         prorated under certain circumstances; providing that
   30         certain state allocations to school districts may not
   31         be the basis for a positive allocation adjustment for
   32         a specified year; amending s. 1013.64, F.S.; revising
   33         capital outlay full-time equivalent membership;
   34         revising the calculation of capital outlay membership;
   35         amending s. 1013.738, F.S.; revising the purposes for
   36         which the High Growth District Capital Outlay
   37         Assistance Grant Program funds may be used; revising
   38         the school district qualification criteria for the
   39         grant; revising the funding methodology; amending ss.
   40         1011.71 and 1013.54, F.S.; conforming cross
   41         references; providing effective dates.
   43  Be It Enacted by the Legislature of the State of Florida:
   45         Section 1. Upon the expiration and reversion of the
   46  amendment to section 11.45, Florida Statutes, pursuant to
   47  section 36 of chapter 2016-62, Laws of Florida, paragraph (d) of
   48  subsection (2) of section 11.45, Florida Statutes, is amended to
   49  read:
   50         11.45 Definitions; duties; authorities; reports; rules.—
   51         (2) DUTIES.—The Auditor General shall:
   52         (d) Annually conduct financial audits of the accounts and
   53  records of all district school boards in counties with
   54  populations of fewer than 150,000, according to the most recent
   55  federal decennial statewide census, and the Florida School for
   56  the Deaf and the Blind.
   58  The Auditor General shall perform his or her duties
   59  independently but under the general policies established by the
   60  Legislative Auditing Committee. This subsection does not limit
   61  the Auditor General’s discretionary authority to conduct other
   62  audits or engagements of governmental entities as authorized in
   63  subsection (3).
   64         Section 2. Subsection (14) of section 413.615, Florida
   65  Statutes, is amended to read:
   66         413.615 Florida Endowment for Vocational Rehabilitation.—
   67         (14) REPEAL.—This section is repealed October 1, 2018 2017,
   68  unless reviewed and saved from repeal by the Legislature.
   69         Section 3. Upon the expiration and reversion of the
   70  amendments to section 1011.62, Florida Statutes, pursuant to
   71  section 23 of chapter 2016-62, Laws of Florida, paragraphs (e),
   72  (f), and (h) of subsection (1), paragraph (b) of subsection (7),
   73  paragraphs (a), (c), and (d) of subsection (9), and paragraph
   74  (c) of subsection (13) of section 1011.62, Florida Statutes, are
   75  amended, paragraph (d) is added to subsection (13) of that
   76  section, and paragraph (b) of subsection (15) of that section is
   77  amended, to read:
   78         1011.62 Funds for operation of schools.—If the annual
   79  allocation from the Florida Education Finance Program to each
   80  district for operation of schools is not determined in the
   81  annual appropriations act or the substantive bill implementing
   82  the annual appropriations act, it shall be determined as
   83  follows:
   85  OPERATION.—The following procedure shall be followed in
   86  determining the annual allocation to each district for
   87  operation:
   88         (e) Funding model for exceptional student education
   89  programs.—
   90         1.a. The funding model uses basic, at-risk, support levels
   91  IV and V for exceptional students and career Florida Education
   92  Finance Program cost factors, and a guaranteed allocation for
   93  exceptional student education programs. Exceptional education
   94  cost factors are determined by using a matrix of services to
   95  document the services that each exceptional student will
   96  receive. The nature and intensity of the services indicated on
   97  the matrix shall be consistent with the services described in
   98  each exceptional student’s individual educational plan. The
   99  Department of Education shall review and revise the descriptions
  100  of the services and supports included in the matrix of services
  101  for exceptional students and shall implement those revisions
  102  before the beginning of the 2012-2013 school year.
  103         b. In order to generate funds using one of the two weighted
  104  cost factors, a matrix of services must be completed at the time
  105  of the student’s initial placement into an exceptional student
  106  education program and at least once every 3 years by personnel
  107  who have received approved training. Nothing listed in the
  108  matrix shall be construed as limiting the services a school
  109  district must provide in order to ensure that exceptional
  110  students are provided a free, appropriate public education.
  111         c. Students identified as exceptional, in accordance with
  112  chapter 6A-6, Florida Administrative Code, who do not have a
  113  matrix of services as specified in sub-subparagraph b. shall
  114  generate funds on the basis of full-time-equivalent student
  115  membership in the Florida Education Finance Program at the same
  116  funding level per student as provided for basic students.
  117  Additional funds for these exceptional students will be provided
  118  through the guaranteed allocation designated in subparagraph 2.
  119         2. For students identified as exceptional who do not have a
  120  matrix of services and students who are gifted in grades K
  121  through 8, there is created a guaranteed allocation to provide
  122  these students with a free appropriate public education, in
  123  accordance with s. 1001.42(4)(l) and rules of the State Board of
  124  Education, which shall be allocated initially to each school
  125  district in the amount provided in the General Appropriations
  126  Act. These funds shall be supplemental to the funds appropriated
  127  for the basic funding level, and the amount allocated for each
  128  school district shall be recalculated once during the year,
  129  based on actual student membership from the October FTE surveys
  130  survey. Upon recalculation, if the generated allocation is
  131  greater than the amount provided in the General Appropriations
  132  Act, the total shall be prorated to the level of the
  133  appropriation based on each district’s share of the total
  134  recalculated amount. These funds shall be used to provide
  135  special education and related services for exceptional students
  136  and students who are gifted in grades K through 8. A district’s
  137  expenditure of funds from the guaranteed allocation for students
  138  in grades 9 through 12 who are gifted may not be greater than
  139  the amount expended during the 2006-2007 fiscal year for gifted
  140  students in grades 9 through 12.
  141         (f) Supplemental academic instruction; categorical fund.—
  142         1. There is created a categorical fund to provide
  143  supplemental academic instruction to students in kindergarten
  144  through grade 12. This paragraph may be cited as the
  145  “Supplemental Academic Instruction Categorical Fund.”
  146         2. The categorical fund is funds for supplemental academic
  147  instruction shall be allocated annually to each school district
  148  in the amount provided in the General Appropriations Act. These
  149  funds shall be in addition to the funds appropriated on the
  150  basis of FTE student membership in the Florida Education Finance
  151  Program and shall be included in the total potential funds of
  152  each district. These funds shall be used to provide supplemental
  153  academic instruction to students enrolled in the K-12 program.
  154  For the 2014-2015 fiscal year, Each school district that has one
  155  or more of the 300 lowest-performing elementary schools based on
  156  the state reading assessment for the prior year shall use these
  157  funds, together with the funds provided in the district’s
  158  research-based reading instruction allocation and other
  159  available funds, to provide an additional hour of instruction
  160  beyond the normal school day for each day of the entire school
  161  year and to provide a 60-hour summer school program, for
  162  intensive reading instruction for the students in each of these
  163  schools. This additional hour of instruction must be provided by
  164  teachers or reading specialists who have demonstrated
  165  effectiveness are effective in teaching reading or by a K-5
  166  mentoring reading program that is supervised by a teacher who
  167  has demonstrated effectiveness in is effective at teaching
  168  reading. Students enrolled in these schools who have level 5
  169  assessment scores may participate in the additional hour of
  170  instruction on an optional basis. Exceptional student education
  171  centers may shall not be included in the 300 schools. The
  172  designation of the 300 lowest-performing elementary schools must
  173  be based on the state reading assessment for the prior year. In
  174  addition, a school that was on the list of the 300 lowest
  175  performing elementary schools for the immediately prior academic
  176  year and that has improved its performance such that the school
  177  is no longer on such list shall maintain the program for 2
  178  additional academic years. After this requirement has been met,
  179  supplemental instruction strategies may include, but are not
  180  limited to: use of a modified curriculum, reading instruction,
  181  after-school instruction, tutoring, mentoring, a reduction in
  182  class size reduction, an extended school year, intensive skills
  183  development in summer school, and other methods of for improving
  184  student achievement. Supplemental instruction may be provided to
  185  a student in any manner and at any time during or beyond the
  186  regular 180-day term identified by the school as being the most
  187  effective and efficient way to best help that student progress
  188  from grade to grade and to graduate.
  189         3.Categorical funds for supplemental academic instruction
  190  shall be provided annually in the Florida Education Finance
  191  Program as specified in the General Appropriations Act. These
  192  funds shall be provided as a supplement to the funds
  193  appropriated for the basic funding level and shall be included
  194  in the total funds of each district. The allocation shall
  195  consist of a base amount that has a workload adjustment based on
  196  changes in unweighted FTE. In addition, districts that have
  197  elementary schools included in the 300 lowest-performing schools
  198  designation shall be allocated additional funds to assist those
  199  districts in providing intensive reading instruction to students
  200  in those schools. The amount provided shall be based on each
  201  district’s level of per-student funding in the reading
  202  instruction allocation and the supplemental academic instruction
  203  categorical fund and on the total FTE for each of the schools.
  204  The categorical funding shall be recalculated during the fiscal
  205  year following an updated designation of the 300 lowest
  206  performing elementary schools and shall be based on actual
  207  student membership from the FTE surveys. Upon recalculation of
  208  funding for the supplemental academic instruction categorical
  209  fund, if the total allocation is greater than the amount
  210  provided in the General Appropriations Act, the allocation shall
  211  be prorated to the level provided to support the appropriation,
  212  based on each district’s share of the total.
  213         4.3. Effective with the 1999-2000 fiscal year, funding on
  214  the basis of FTE membership beyond the 180-day regular term
  215  shall be provided in the FEFP only for students enrolled in
  216  juvenile justice education programs or in education programs for
  217  juveniles placed in secure facilities or programs under s.
  218  985.19. Funding for instruction beyond the regular 180-day
  219  school year for all other K-12 students shall be provided
  220  through the supplemental academic instruction categorical fund
  221  and other state, federal, and local fund sources with ample
  222  flexibility for schools to provide supplemental instruction to
  223  assist students in progressing from grade to grade and
  224  graduating.
  225         5.4. The Florida State University School, as a lab school,
  226  is authorized to expend from its FEFP or Lottery Enhancement
  227  Trust Fund allocation the cost to the student of remediation in
  228  reading, writing, or mathematics for any graduate who requires
  229  remediation at a postsecondary educational institution.
  230         6.5. Beginning in the 1999-2000 school year, dropout
  231  prevention programs as defined in ss. 1003.52, 1003.53(1)(a),
  232  (b), and (c), and 1003.54 shall be included in group 1 programs
  233  under subparagraph (d)3.
  234         (h) Small, isolated high schools.—Districts that which levy
  235  the maximum nonvoted discretionary millage, exclusive of millage
  236  for capital outlay purposes levied pursuant to s. 1011.71(2),
  237  may calculate full-time equivalent students for small, isolated
  238  district-operated high schools by multiplying the number of
  239  unweighted full-time equivalent students times 2.75 if; provided
  240  the school has attained a grade of “C” or better, pursuant to s.
  241  1008.34, for the previous school year. The following schools may
  242  be considered small, isolated schools under this paragraph:
  243         1.A For the purpose of this section, the term “small,
  244  isolated high school” means Any high school that which is
  245  located at least no less than 28 miles by the shortest route
  246  from another high school; which has been serving students
  247  primarily in basic studies provided by sub-subparagraphs (c)1.b.
  248  and c. and may include subparagraph (c)4.; and which has a
  249  membership of at least 28, but no more than 100, students, but
  250  no fewer than 28 students, in grades 9 through 12; or.
  251         2. A district elementary school with a grade configuration
  252  of kindergarten through grade 5, but which may also include
  253  prekindergarten, grade 6, grade 7, or grade 8, which is located
  254  at least 35 miles by the shortest route from another elementary
  255  school within the district; has been serving students primarily
  256  in basic studies provided by sub-subparagraphs (c)1.a. and b.
  257  and may include subparagraph (c)4.; has a student population in
  258  which 75 percent or greater of students are eligible for free
  259  and reduced-price school lunch; and has a membership of at least
  260  28, but no more than 100, students.
  262         (b) The district sparsity index shall be computed by
  263  dividing the total number of full-time equivalent students in
  264  all programs in the district by the number of senior high school
  265  centers in the district, not in excess of three, which centers
  266  are approved as permanent centers by a survey made by the
  267  Department of Education. For districts with a full-time
  268  equivalent student membership of at least 20,000, but no more
  269  than 24,000, the index shall be computed by dividing the total
  270  number of full-time equivalent students in all programs by the
  271  number of permanent senior high school centers in the district,
  272  not in excess of four.
  274         (a) The research-based reading instruction allocation is
  275  created to provide comprehensive reading instruction to students
  276  in kindergarten through grade 12. For the 2014-2015 fiscal year,
  277  in Each school district that has one or more of the 300 lowest
  278  performing elementary schools based on the state reading
  279  assessment, priority shall give priority be given to providing
  280  an additional hour per day of intensive reading instruction
  281  beyond the normal school day for each day of the entire school
  282  year and to provide a 60-hour summer school program for the
  283  students in each school. The designation of the 300 lowest
  284  performing elementary schools must be based on the state reading
  285  assessment for the prior year. In addition, a school that was on
  286  the list of the 300 lowest performing elementary schools for the
  287  immediately prior academic year and that has improved its
  288  performance such that the school is no longer on such list shall
  289  maintain the program for 2 additional academic years. Students
  290  enrolled in these schools who have level 5 assessment scores may
  291  participate in the additional hour of instruction on an optional
  292  basis. Exceptional student education centers may shall not be
  293  included in the 300 schools. The intensive reading instruction
  294  delivered in this additional hour and for other students shall
  295  include: research-based reading instruction that has been proven
  296  to accelerate progress of students exhibiting a reading
  297  deficiency; differentiated instruction based on screening,
  298  diagnostic, progress monitoring, or student assessment data to
  299  meet students’ specific reading needs; explicit and systematic
  300  reading strategies to develop development in phonemic awareness,
  301  phonics, fluency, vocabulary, and comprehension, with more
  302  extensive opportunities for guided practice, error correction,
  303  and feedback; and the integration of social studies, science,
  304  and mathematics-text reading, text discussion, and writing in
  305  response to reading. For the 2012-2013 and 2013-2014 fiscal
  306  years, a school district may not hire more reading coaches than
  307  were hired during the 2011-2012 fiscal year unless all students
  308  in kindergarten through grade 5 who demonstrate a reading
  309  deficiency, as determined by district and state assessments,
  310  including students scoring Level 1 or Level 2 on the statewide,
  311  standardized reading assessment or, upon implementation, the
  312  English Language Arts assessment, are provided an additional
  313  hour per day of intensive reading instruction beyond the normal
  314  school day for each day of the entire school year.
  315         (c) Funds allocated under this subsection must be used to
  316  provide a system of comprehensive reading instruction to
  317  students enrolled in the K-12 programs, which may include the
  318  following:
  319         1. The provision of an additional hour per day of intensive
  320  reading instruction to students in the 300 lowest-performing
  321  elementary schools by teachers and reading specialists who have
  322  demonstrated effectiveness are effective in teaching reading.
  323         2. Kindergarten through grade 5 reading intervention
  324  teachers to provide intensive intervention during the school day
  325  and in the required extra hour for students identified as having
  326  a reading deficiency.
  327         3. The provision of highly qualified reading coaches to
  328  specifically support teachers in making instructional decisions
  329  based on student data, and improve teacher delivery of effective
  330  reading instruction, intervention, and reading in the content
  331  areas based on student need.
  332         4. Professional development for school district teachers in
  333  scientifically based reading instruction, including strategies
  334  to teach reading in content areas and with an emphasis on
  335  technical and informational text, to help school district
  336  teachers earn a certification or an endorsement in reading.
  337         5. The provision of summer reading camps for all students
  338  in kindergarten through grade 2 who demonstrate a reading
  339  deficiency as determined by district and state assessments, and
  340  students in grades 3 through 5 who score at Level 1 on the
  341  statewide, standardized reading assessment or, upon
  342  implementation, the English Language Arts assessment.
  343         6. The provision of supplemental instructional materials
  344  that are grounded in scientifically based reading research.
  345         7. The provision of intensive interventions for students in
  346  kindergarten through grade 12 who have been identified as having
  347  a reading deficiency or who are reading below grade level as
  348  determined by the statewide, standardized assessment.
  349         (d)1. Annually, by a date determined by the Department of
  350  Education but before May 1, school districts shall submit a K-12
  351  comprehensive reading plan for the specific use of the research
  352  based reading instruction allocation in the format prescribed by
  353  the department for review and approval by the Just Read,
  354  Florida! Office created pursuant to s. 1001.215. The plan
  355  annually submitted by school districts shall be deemed approved
  356  unless the department rejects the plan on or before June 1. If a
  357  school district and the Just Read, Florida! Office cannot reach
  358  agreement on the contents of the plan, the school district may
  359  appeal to the State Board of Education for resolution. School
  360  districts shall be allowed reasonable flexibility in designing
  361  their plans and shall be encouraged to offer reading
  362  intervention through innovative methods, including career
  363  academies. The plan format shall be developed with input from
  364  school district personnel, including teachers and principals,
  365  and shall allow courses in core, career, and alternative
  366  programs that deliver intensive reading remediation through
  367  integrated curricula, provided that the teacher is deemed highly
  368  qualified to teach reading or working toward that status. No
  369  later than July 1 annually, the department shall release the
  370  school district’s allocation of appropriated funds to those
  371  districts having approved plans. A school district that spends
  372  100 percent of this allocation on its approved plan shall be
  373  deemed to have been in compliance with the plan. The department
  374  may withhold funds upon a determination that reading instruction
  375  allocation funds are not being used to implement the approved
  376  plan. The department shall monitor and track the implementation
  377  of each district plan, including conducting site visits and
  378  collecting specific data on expenditures and reading improvement
  379  results. By February 1 of each year, the department shall report
  380  its findings to the Legislature.
  381         2. Each school district that has a school designated as one
  382  of the 300 lowest-performing elementary schools as specified in
  383  paragraph (a), including a school that is maintaining the
  384  program because it has improved performance so that the school
  385  is no longer on such list, shall specifically delineate in the
  386  comprehensive reading plan, or in an addendum to the
  387  comprehensive reading plan, the implementation design and
  388  reading intervention strategies that will be used for the
  389  required additional hour of reading instruction. The term
  390  “reading intervention includes evidence-based strategies
  391  frequently used to remediate reading deficiencies and also
  392  includes individual instruction, tutoring, mentoring, or the use
  393  of technology that targets specific reading skills and
  394  abilities.
  395         (13) FEDERALLY CONNECTED STUDENT SUPPLEMENT.—The federally
  396  connected student supplement is created to provide supplemental
  397  funding for school districts to support the education of
  398  students connected with federally owned military installations,
  399  National Aeronautics and Space Administration (NASA) real
  400  property, and Indian lands. To be eligible for this supplement,
  401  the district must be eligible for federal Impact Aid Program
  402  funds under s. 8003 of Title VIII of the Elementary and
  403  Secondary Education Act of 1965. The supplement shall be
  404  allocated annually to each eligible school district in the
  405  amount provided in the General Appropriations Act. The
  406  supplement shall be the sum of the student allocation and an
  407  exempt property allocation.
  408         (c) The exempt property allocation shall be equal to the
  409  tax-exempt value of federal impact aid lands reserved as
  410  military installations, real property owned by NASA, or eligible
  411  federally owned Indian lands located in the district, as of
  412  January 1 of the previous year, multiplied by the millage
  413  authorized and levied under s. 1011.71(2).
  414         (d) The amount allocated for each eligible school district
  415  shall be recalculated during the year, using actual student
  416  membership, as amended, from the most recent February survey and
  417  the tax-exempt valuation from the most recent assessment roll.
  418  Upon recalculation, if the total allocation is greater than the
  419  amount provided in the General Appropriations Act, it must be
  420  prorated to the level of the appropriation based on each
  421  district’s share of the total recalculated amount.
  423  CURRENT OPERATION.—The total annual state allocation to each
  424  district for current operation for the FEFP shall be distributed
  425  periodically in the manner prescribed in the General
  426  Appropriations Act.
  427         (b) The amount thus obtained shall be the net annual
  428  allocation to each school district. However, if it is determined
  429  that any school district received an under allocation or over
  430  allocation underallocation or overallocation for any prior year
  431  because of an arithmetical error, assessment roll change
  432  required by final judicial decision, full-time equivalent
  433  student membership error, or any allocation error revealed in an
  434  audit report, the allocation to that district shall be
  435  appropriately adjusted. An under allocation in a prior year
  436  caused by a school district’s error may not be the basis for a
  437  positive allocation adjustment for the current year. Beginning
  438  with the 2011-2012 fiscal year, if a special program cost factor
  439  is less than the basic program cost factor, an audit adjustment
  440  may not result in the reclassification of the special program
  441  FTE to the basic program FTE. If the Department of Education
  442  audit adjustment recommendation is based upon controverted
  443  findings of fact, the Commissioner of Education is authorized to
  444  establish the amount of the adjustment based on the best
  445  interests of the state.
  446         Section 4. Effective upon becoming a law, notwithstanding
  447  the expiration and reversion of section 1013.64, Florida
  448  Statutes, in section 36 of chapter 2016-62, Laws of Florida,
  449  subsection (3) of section 1013.64, Florida Statutes, is
  450  reenacted and amended to read:
  451         1013.64 Funds for comprehensive educational plant needs;
  452  construction cost maximums for school district capital
  453  projects.—Allocations from the Public Education Capital Outlay
  454  and Debt Service Trust Fund to the various boards for capital
  455  outlay projects shall be determined as follows:
  456         (3)(a) Each district school board shall receive an amount
  457  from the Public Education Capital Outlay and Debt Service Trust
  458  Fund to be calculated by computing the capital outlay membership
  459  as determined by the department. Such membership must include,
  460  but is not limited to:
  461         1. K-12 students and prekindergarten exceptional education
  462  students for whom the school district provides the educational
  463  facility, except hospital- and homebound part-time students; and
  464         2. Students who are career education students, and adult
  465  disabled students and who are enrolled in school district career
  466  centers.
  467         (b) The capital outlay full-time equivalent membership
  468  shall be determined for prekindergarten exceptional education
  469  students, kindergarten through the 12th grade, and for career
  470  centers by counting the reported unweighted full-time equivalent
  471  student membership for the second and third surveys, with each
  472  survey limited to 0.5 full-time equivalents per student and
  473  comparing the results on a school-by-school basis with the
  474  Florida Inventory of School Houses. If the prior academic year’s
  475  third survey count is higher than the current year’s second
  476  survey count when comparing the results on a school-by-school
  477  basis with the Florida Inventory of School Houses, the prior
  478  year’s third survey count shall be used on a school-by-school
  479  basis for determining the current capital outlay membership. The
  480  Florida Inventory of School Houses shall be updated with the
  481  current capital outlay membership count as soon as practicable
  482  after verification of the capital outlay membership.
  483         (c) The capital outlay full-time equivalent membership by
  484  grade level organization shall be used in making calculations.
  485  The capital outlay full-time equivalent membership by grade
  486  level organization for the 4th prior year must be used to
  487  compute the base-year allocation. The capital outlay full-time
  488  equivalent membership by grade-level organization for the prior
  489  year must be used to compute the growth over the highest of the
  490  3 years preceding the prior year. From the total amount
  491  appropriated by the Legislature pursuant to this subsection, 40
  492  percent shall be allocated among the base capital outlay full
  493  time equivalent membership and 60 percent among the growth
  494  capital outlay full-time equivalent membership. The allocation
  495  within each of these groups shall be prorated to the districts
  496  based upon each district’s percentage of base and growth capital
  497  outlay full-time equivalent membership. The most recent 4-year
  498  capital outlay full-time equivalent membership data shall be
  499  used in each subsequent year’s calculation for the allocation of
  500  funds pursuant to this subsection. If a change, correction, or
  501  recomputation of data during any year results in a reduction or
  502  increase of the calculated amount previously allocated to a
  503  district, the allocation to that district shall be adjusted
  504  accordingly. If such recomputation results in an increase or
  505  decrease of the calculated amount, such additional or reduced
  506  amounts shall be added to or reduced from the district’s future
  507  appropriations. However, no change, correction, or recomputation
  508  of data may shall be made subsequent to 2 years following the
  509  initial annual allocation.
  510         (d) Funds accruing to a district school board from the
  511  provisions of this section shall be expended on needed projects
  512  as shown by survey or surveys under the rules of the State Board
  513  of Education.
  514         (e) A district school board may lease relocatable
  515  educational facilities for up to 3 years using nonbonded PECO
  516  funds and for any time period using local capital outlay
  517  millage.
  518         (f) Funds distributed to the district school boards shall
  519  be allocated solely based on paragraphs (a), (b), and (c) and
  520  the provisions of paragraphs (1)(a) and (2)(a) and paragraphs
  521  (a)-(c) of this subsection. No individual school district
  522  projects may shall be funded off the top of funds allocated to
  523  district school boards.
  524         Section 5. Section 1013.738, Florida Statutes, is amended
  525  to read:
  526         1013.738 High Growth District Capital Outlay Assistance
  527  Grant Program.—
  528         (1) Subject to funds provided in the General Appropriations
  529  Act, the High Growth District Capital Outlay Assistance Grant
  530  Program is hereby established. Funds provided pursuant to this
  531  section may only be used for the purposes identified in s.
  532  1011.71(2) to construct new student stations.
  533         (2) In order to qualify for a grant, a school district must
  534  meet the following criteria:
  535         (a) The district must have levied the maximum full 1.5
  536  mills of nonvoted discretionary capital outlay millage
  537  authorized in s. 1011.71(2) for each of the prior 5 past 4
  538  fiscal years.
  539         (b)The district must receive revenue from a current voted
  540  school capital outlay sales surtax or a portion of the local
  541  government infrastructure surtax as authorized in s. 212.055.
  542         (c)(b)Fifty percent of The revenue derived from the 2-mill
  543  nonvoted discretionary capital outlay millage for the past 4
  544  fiscal years, when divided by the district’s growth in capital
  545  outlay FTE students over this period, produces a value that is
  546  less than the statewide average maximum potential funds cost per
  547  capital outlay FTE student station calculated pursuant to s.
  548  1013.64(6)(b)1., and weighted by statewide growth in capital
  549  outlay FTE students in elementary, middle, and high schools for
  550  the most recent past 4 fiscal year years.
  551         (d)(c) The district must have equaled or exceeded the
  552  greater of one percent average growth or twice the statewide
  553  average of growth in capital outlay FTE students over the prior
  554  5-year this same 4-year period.
  555         (d) The Commissioner of Education must have released all
  556  funds allocated to the district from the Classrooms First
  557  Program authorized in s. 1013.68, and these funds were fully
  558  expended by the district as of February 1 of the current fiscal
  559  year.
  560         (e) The total capital outlay FTE students of the district
  561  is greater than 24,000 15,000 students.
  562         (3) The funds provided in the General Appropriations Act
  563  shall be allocated pursuant to the following methodology:
  564         (a) For each eligible district, the Department of Education
  565  shall sum calculate the calculated value of 50 percent of the
  566  revenue derived from the maximum potential 2-mill nonvoted
  567  discretionary capital outlay millage and the revenue received
  568  from the voted sales surtax as provided in paragraph (2)(b) and
  569  divide that sum for the past 4 fiscal years divided by the
  570  number of increase in capital outlay FTE students for the same
  571  period.
  572         (b) The Department of Education shall determine, for each
  573  eligible district, the amount that must be added to the funds
  574  per capital outlay FTE value calculated pursuant to paragraph
  575  (a) to produce the statewide weighted average value per capital
  576  outlay FTE for the revenues identified student station
  577  calculated pursuant to paragraph (a) (2)(b).
  578         (c) The value calculated for each eligible district
  579  pursuant to paragraph (b) shall be multiplied by the average
  580  increase in capital outlay FTE students for the past 4 fiscal
  581  years to determine the maximum amount of a grant that may be
  582  awarded to a district pursuant to this section.
  583         (d) In the event the funds provided in the General
  584  Appropriations Act are insufficient to fully fund the maximum
  585  grants calculated pursuant to this section paragraph (c), the
  586  Department of Education shall allocate the funds based on each
  587  district’s prorated share of the total maximum award amount
  588  calculated for all eligible districts.
  589         Section 6. Paragraph (a) of subsection (2) of section
  590  1011.71, Florida Statutes, is amended to read:
  591         1011.71 District school tax.—
  592         (2) In addition to the maximum millage levy as provided in
  593  subsection (1), each school board may levy not more than 1.5
  594  mills against the taxable value for school purposes for district
  595  schools, including charter schools at the discretion of the
  596  school board, to fund:
  597         (a) New construction and remodeling projects, as set forth
  598  in s. 1013.64(3)(d) s. 1013.64(3)(b) and (6)(b) and included in
  599  the district’s educational plant survey pursuant to s. 1013.31,
  600  without regard to prioritization, sites and site improvement or
  601  expansion to new sites, existing sites, auxiliary facilities,
  602  athletic facilities, or ancillary facilities.
  603         Section 7. Subsection (2) of section 1013.54, Florida
  604  Statutes, is amended to read:
  605         1013.54 Cooperative development and use of satellite
  606  facilities by private industry and district school boards.—
  607         (2) The commissioner shall appoint a review committee to
  608  make recommendations and prioritize requests. If the project is
  609  approved by the commissioner, the commissioner shall include up
  610  to one-fourth of the cost of the project in the legislative
  611  capital outlay budget request, as provided in s. 1013.60, for
  612  the funding of capital outlay projects involving both
  613  educational and private industry. The commissioner shall
  614  prioritize any such projects for each fiscal year and,
  615  notwithstanding the provisions of s. 1013.64(3)(e) s.
  616  1013.64(3)(c), limit the recommended state funding amount not to
  617  exceed 5 percent off the top of the total funds recommended
  618  pursuant to s. 1013.64(2) and (3).
  619         Section 8. Except as otherwise expressly provided in this
  620  act and except for this section, which shall take effect upon
  621  this act becoming a law, this act shall take effect July 1,
  622  2017.