Florida Senate - 2017                   (PROPOSED BILL) SPB 2516
       FOR CONSIDERATION By the Committee on Appropriations
       576-02843A-17                                         20172516pb
    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. 1011.62, F.S.; revising the
    6         student membership surveys to be used for the funding
    7         model for certain students; requiring the 300 lowest
    8         performing elementary schools to provide a specified
    9         summer school program; requiring that the designation
   10         of the 300 lowest-performing schools be based on the
   11         prior year’s state reading assessment; requiring
   12         certain schools on the list to maintain the program
   13         for a specified time; revising the schools that may be
   14         considered small, isolated schools to include
   15         elementary schools that meet certain requirements, for
   16         the purpose of determining the annual allocation to
   17         each district; revising the computation of the
   18         district sparsity index for school districts that meet
   19         certain criteria; deleting obsolete language;
   20         requiring the amount calculated for the federally
   21         connected student supplement for an eligible school
   22         district to be recalculated during the year; requiring
   23         certain school districts to delineate certain reading
   24         strategies in their comprehensive reading plans;
   25         requiring the total allocation to be prorated under
   26         certain circumstances; providing that certain state
   27         allocations to school districts may not be the basis
   28         for a positive allocation adjustment for a specified
   29         year; amending s. 1013.64, F.S.; revising capital
   30         outlay full-time equivalent membership; revising the
   31         calculation of capital outlay membership; amending s.
   32         1013.738, F.S.; revising the purposes for which the
   33         High Growth District Capital Outlay Assistance Grant
   34         Program funds may be used; revising the school
   35         district qualification criteria for the grant;
   36         revising the funding methodology; amending ss. 1011.71
   37         and 1013.54, F.S.; conforming cross-references;
   38         providing effective dates.
   40  Be It Enacted by the Legislature of the State of Florida:
   42         Section 1. Upon the expiration and reversion of the
   43  amendment to section 11.45, Florida Statutes, pursuant to
   44  section 36 of chapter 2016-62, Laws of Florida, paragraph (d) of
   45  subsection (2) of section 11.45, Florida Statutes, is amended to
   46  read:
   47         11.45 Definitions; duties; authorities; reports; rules.—
   48         (2) DUTIES.—The Auditor General shall:
   49         (d) Annually conduct financial audits of the accounts and
   50  records of all district school boards in counties with
   51  populations of fewer than 150,000, according to the most recent
   52  federal decennial statewide census, and the Florida School for
   53  the Deaf and the Blind.
   55  The Auditor General shall perform his or her duties
   56  independently but under the general policies established by the
   57  Legislative Auditing Committee. This subsection does not limit
   58  the Auditor General’s discretionary authority to conduct other
   59  audits or engagements of governmental entities as authorized in
   60  subsection (3).
   61         Section 2. Upon the expiration and reversion of the
   62  amendments to section 1011.62, Florida Statutes, pursuant to
   63  section 23 of chapter 2016-62, Laws of Florida, paragraphs (e),
   64  (f), and (h) of subsection (1), paragraph (b) of subsection (7),
   65  paragraphs (a), (c), and (d) of subsection (9), and paragraph
   66  (c) of subsection (13) of section 1011.62, Florida Statutes, are
   67  amended, paragraph (d) is added to subsection (13) of that
   68  section, and paragraph (b) of subsection (15) of that section is
   69  amended, to read:
   70         1011.62 Funds for operation of schools.—If the annual
   71  allocation from the Florida Education Finance Program to each
   72  district for operation of schools is not determined in the
   73  annual appropriations act or the substantive bill implementing
   74  the annual appropriations act, it shall be determined as
   75  follows:
   77  OPERATION.—The following procedure shall be followed in
   78  determining the annual allocation to each district for
   79  operation:
   80         (e) Funding model for exceptional student education
   81  programs.—
   82         1.a. The funding model uses basic, at-risk, support levels
   83  IV and V for exceptional students and career Florida Education
   84  Finance Program cost factors, and a guaranteed allocation for
   85  exceptional student education programs. Exceptional education
   86  cost factors are determined by using a matrix of services to
   87  document the services that each exceptional student will
   88  receive. The nature and intensity of the services indicated on
   89  the matrix shall be consistent with the services described in
   90  each exceptional student’s individual educational plan. The
   91  Department of Education shall review and revise the descriptions
   92  of the services and supports included in the matrix of services
   93  for exceptional students and shall implement those revisions
   94  before the beginning of the 2012-2013 school year.
   95         b. In order to generate funds using one of the two weighted
   96  cost factors, a matrix of services must be completed at the time
   97  of the student’s initial placement into an exceptional student
   98  education program and at least once every 3 years by personnel
   99  who have received approved training. Nothing listed in the
  100  matrix shall be construed as limiting the services a school
  101  district must provide in order to ensure that exceptional
  102  students are provided a free, appropriate public education.
  103         c. Students identified as exceptional, in accordance with
  104  chapter 6A-6, Florida Administrative Code, who do not have a
  105  matrix of services as specified in sub-subparagraph b. shall
  106  generate funds on the basis of full-time-equivalent student
  107  membership in the Florida Education Finance Program at the same
  108  funding level per student as provided for basic students.
  109  Additional funds for these exceptional students will be provided
  110  through the guaranteed allocation designated in subparagraph 2.
  111         2. For students identified as exceptional who do not have a
  112  matrix of services and students who are gifted in grades K
  113  through 8, there is created a guaranteed allocation to provide
  114  these students with a free appropriate public education, in
  115  accordance with s. 1001.42(4)(l) and rules of the State Board of
  116  Education, which shall be allocated initially to each school
  117  district in the amount provided in the General Appropriations
  118  Act. These funds shall be supplemental to the funds appropriated
  119  for the basic funding level, and the amount allocated for each
  120  school district shall be recalculated once during the year,
  121  based on actual student membership from the October FTE surveys
  122  survey. Upon recalculation, if the generated allocation is
  123  greater than the amount provided in the General Appropriations
  124  Act, the total shall be prorated to the level of the
  125  appropriation based on each district’s share of the total
  126  recalculated amount. These funds shall be used to provide
  127  special education and related services for exceptional students
  128  and students who are gifted in grades K through 8. A district’s
  129  expenditure of funds from the guaranteed allocation for students
  130  in grades 9 through 12 who are gifted may not be greater than
  131  the amount expended during the 2006-2007 fiscal year for gifted
  132  students in grades 9 through 12.
  133         (f) Supplemental academic instruction; categorical fund.—
  134         1. There is created a categorical fund to provide
  135  supplemental academic instruction to students in kindergarten
  136  through grade 12. This paragraph may be cited as the
  137  “Supplemental Academic Instruction Categorical Fund.”
  138         2. The categorical fund is funds for supplemental academic
  139  instruction shall be allocated annually to each school district
  140  in the amount provided in the General Appropriations Act. These
  141  funds shall be in addition to the funds appropriated on the
  142  basis of FTE student membership in the Florida Education Finance
  143  Program and shall be included in the total potential funds of
  144  each district. These funds shall be used to provide supplemental
  145  academic instruction to students enrolled in the K-12 program.
  146  For the 2014-2015 fiscal year, Each school district that has one
  147  or more of the 300 lowest-performing elementary schools based on
  148  the state reading assessment for the prior year shall use these
  149  funds, together with the funds provided in the district’s
  150  research-based reading instruction allocation and other
  151  available funds, to provide an additional hour of instruction
  152  beyond the normal school day for each day of the entire school
  153  year and to provide a 60-hour summer school program, for
  154  intensive reading instruction for the students in each of these
  155  schools. This additional hour of instruction must be provided by
  156  teachers or reading specialists who have demonstrated
  157  effectiveness are effective in teaching reading or by a K-5
  158  mentoring reading program that is supervised by a teacher who
  159  has demonstrated effectiveness in is effective at teaching
  160  reading. Students enrolled in these schools who have level 5
  161  assessment scores may participate in the additional hour of
  162  instruction on an optional basis. Exceptional student education
  163  centers may shall not be included in the 300 schools. The
  164  designation of the 300 lowest-performing elementary schools must
  165  be based on the state reading assessment for the prior year. In
  166  addition, a school that was on the list of the 300 lowest
  167  performing elementary schools for the immediately prior academic
  168  year and that has improved its performance such that the school
  169  is no longer on such list shall maintain the program for 2
  170  additional academic years. After this requirement has been met,
  171  supplemental instruction strategies may include, but are not
  172  limited to: use of a modified curriculum, reading instruction,
  173  after-school instruction, tutoring, mentoring, a reduction in
  174  class size reduction, an extended school year, intensive skills
  175  development in summer school, and other methods of for improving
  176  student achievement. Supplemental instruction may be provided to
  177  a student in any manner and at any time during or beyond the
  178  regular 180-day term identified by the school as being the most
  179  effective and efficient way to best help that student progress
  180  from grade to grade and to graduate.
  181         3.Categorical funds for supplemental academic instruction
  182  shall be provided annually in the Florida Education Finance
  183  Program as specified in the General Appropriations Act. These
  184  funds shall be provided as a supplement to the funds
  185  appropriated for the basic funding level and shall be included
  186  in the total funds of each district. The allocation shall
  187  consist of a base amount that has a workload adjustment based on
  188  changes in unweighted FTE. In addition, districts that have
  189  elementary schools included in the 300 lowest-performing schools
  190  designation shall be allocated additional funds to assist those
  191  districts in providing intensive reading instruction to students
  192  in those schools. The amount provided shall be based on each
  193  district’s level of per-student funding in the reading
  194  instruction allocation and the supplemental academic instruction
  195  categorical fund and on the total FTE for each of the schools.
  196  The categorical funding shall be recalculated during the fiscal
  197  year following an updated designation of the 300 lowest
  198  performing elementary schools and shall be based on actual
  199  student membership from the FTE surveys. Upon recalculation of
  200  funding for the supplemental academic instruction categorical
  201  fund, if the total allocation is greater than the amount
  202  provided in the General Appropriations Act, the allocation shall
  203  be prorated to the level provided to support the appropriation,
  204  based on each district’s share of the total.
  205         4.3. Effective with the 1999-2000 fiscal year, funding on
  206  the basis of FTE membership beyond the 180-day regular term
  207  shall be provided in the FEFP only for students enrolled in
  208  juvenile justice education programs or in education programs for
  209  juveniles placed in secure facilities or programs under s.
  210  985.19. Funding for instruction beyond the regular 180-day
  211  school year for all other K-12 students shall be provided
  212  through the supplemental academic instruction categorical fund
  213  and other state, federal, and local fund sources with ample
  214  flexibility for schools to provide supplemental instruction to
  215  assist students in progressing from grade to grade and
  216  graduating.
  217         5.4. The Florida State University School, as a lab school,
  218  is authorized to expend from its FEFP or Lottery Enhancement
  219  Trust Fund allocation the cost to the student of remediation in
  220  reading, writing, or mathematics for any graduate who requires
  221  remediation at a postsecondary educational institution.
  222         6.5. Beginning in the 1999-2000 school year, dropout
  223  prevention programs as defined in ss. 1003.52, 1003.53(1)(a),
  224  (b), and (c), and 1003.54 shall be included in group 1 programs
  225  under subparagraph (d)3.
  226         (h) Small, isolated high schools.—Districts that which levy
  227  the maximum nonvoted discretionary millage, exclusive of millage
  228  for capital outlay purposes levied pursuant to s. 1011.71(2),
  229  may calculate full-time equivalent students for small, isolated
  230  district-operated high schools by multiplying the number of
  231  unweighted full-time equivalent students times 2.75 if; provided
  232  the school has attained a grade of “C” or better, pursuant to s.
  233  1008.34, for the previous school year. The following schools may
  234  be considered small, isolated schools under this paragraph:
  235         1.A For the purpose of this section, the term “small,
  236  isolated high school” means Any high school that which is
  237  located at least no less than 28 miles by the shortest route
  238  from another high school; which has been serving students
  239  primarily in basic studies provided by sub-subparagraphs (c)1.b.
  240  and c. and may include subparagraph (c)4.; and which has a
  241  membership of at least 28, but no more than 100, students, but
  242  no fewer than 28 students, in grades 9 through 12; or.
  243         2. A district elementary school with a grade configuration
  244  of kindergarten through grade 5, but which may also include
  245  prekindergarten, grade 6, grade 7, or grade 8, which is located
  246  at least 35 miles by the shortest route from another elementary
  247  school within the district; has been serving students primarily
  248  in basic studies provided by sub-subparagraphs (c)1.a. and b.
  249  and may include subparagraph (c)4.; has a student population in
  250  which 75 percent or greater of students are eligible for free
  251  and reduced-price school lunch; and has a membership of at least
  252  28, but no more than 100, students.
  254         (b) The district sparsity index shall be computed by
  255  dividing the total number of full-time equivalent students in
  256  all programs in the district by the number of senior high school
  257  centers in the district, not in excess of three, which centers
  258  are approved as permanent centers by a survey made by the
  259  Department of Education. For districts with a full-time
  260  equivalent student membership of at least 20,000, but no more
  261  than 24,000, the index shall be computed by dividing the total
  262  number of full-time equivalent students in all programs by the
  263  number of permanent senior high school centers in the district,
  264  not in excess of four.
  266         (a) The research-based reading instruction allocation is
  267  created to provide comprehensive reading instruction to students
  268  in kindergarten through grade 12. For the 2014-2015 fiscal year,
  269  in Each school district that has one or more of the 300 lowest
  270  performing elementary schools based on the state reading
  271  assessment, priority shall give priority be given to providing
  272  an additional hour per day of intensive reading instruction
  273  beyond the normal school day for each day of the entire school
  274  year and to provide a 60-hour summer school program for the
  275  students in each school. The designation of the 300 lowest
  276  performing elementary schools must be based on the state reading
  277  assessment for the prior year. In addition, a school that was on
  278  the list of the 300 lowest performing elementary schools for the
  279  immediately prior academic year and that has improved its
  280  performance such that the school is no longer on such list shall
  281  maintain the program for 2 additional academic years. Students
  282  enrolled in these schools who have level 5 assessment scores may
  283  participate in the additional hour of instruction on an optional
  284  basis. Exceptional student education centers may shall not be
  285  included in the 300 schools. The intensive reading instruction
  286  delivered in this additional hour and for other students shall
  287  include: research-based reading instruction that has been proven
  288  to accelerate progress of students exhibiting a reading
  289  deficiency; differentiated instruction based on screening,
  290  diagnostic, progress monitoring, or student assessment data to
  291  meet students’ specific reading needs; explicit and systematic
  292  reading strategies to develop development in phonemic awareness,
  293  phonics, fluency, vocabulary, and comprehension, with more
  294  extensive opportunities for guided practice, error correction,
  295  and feedback; and the integration of social studies, science,
  296  and mathematics-text reading, text discussion, and writing in
  297  response to reading. For the 2012-2013 and 2013-2014 fiscal
  298  years, a school district may not hire more reading coaches than
  299  were hired during the 2011-2012 fiscal year unless all students
  300  in kindergarten through grade 5 who demonstrate a reading
  301  deficiency, as determined by district and state assessments,
  302  including students scoring Level 1 or Level 2 on the statewide,
  303  standardized reading assessment or, upon implementation, the
  304  English Language Arts assessment, are provided an additional
  305  hour per day of intensive reading instruction beyond the normal
  306  school day for each day of the entire school year.
  307         (c) Funds allocated under this subsection must be used to
  308  provide a system of comprehensive reading instruction to
  309  students enrolled in the K-12 programs, which may include the
  310  following:
  311         1. The provision of an additional hour per day of intensive
  312  reading instruction to students in the 300 lowest-performing
  313  elementary schools by teachers and reading specialists who have
  314  demonstrated effectiveness are effective in teaching reading.
  315         2. Kindergarten through grade 5 reading intervention
  316  teachers to provide intensive intervention during the school day
  317  and in the required extra hour for students identified as having
  318  a reading deficiency.
  319         3. The provision of highly qualified reading coaches to
  320  specifically support teachers in making instructional decisions
  321  based on student data, and improve teacher delivery of effective
  322  reading instruction, intervention, and reading in the content
  323  areas based on student need.
  324         4. Professional development for school district teachers in
  325  scientifically based reading instruction, including strategies
  326  to teach reading in content areas and with an emphasis on
  327  technical and informational text, to help school district
  328  teachers earn a certification or an endorsement in reading.
  329         5. The provision of summer reading camps for all students
  330  in kindergarten through grade 2 who demonstrate a reading
  331  deficiency as determined by district and state assessments, and
  332  students in grades 3 through 5 who score at Level 1 on the
  333  statewide, standardized reading assessment or, upon
  334  implementation, the English Language Arts assessment.
  335         6. The provision of supplemental instructional materials
  336  that are grounded in scientifically based reading research.
  337         7. The provision of intensive interventions for students in
  338  kindergarten through grade 12 who have been identified as having
  339  a reading deficiency or who are reading below grade level as
  340  determined by the statewide, standardized assessment.
  341         (d)1. Annually, by a date determined by the Department of
  342  Education but before May 1, school districts shall submit a K-12
  343  comprehensive reading plan for the specific use of the research
  344  based reading instruction allocation in the format prescribed by
  345  the department for review and approval by the Just Read,
  346  Florida! Office created pursuant to s. 1001.215. The plan
  347  annually submitted by school districts shall be deemed approved
  348  unless the department rejects the plan on or before June 1. If a
  349  school district and the Just Read, Florida! Office cannot reach
  350  agreement on the contents of the plan, the school district may
  351  appeal to the State Board of Education for resolution. School
  352  districts shall be allowed reasonable flexibility in designing
  353  their plans and shall be encouraged to offer reading
  354  intervention through innovative methods, including career
  355  academies. The plan format shall be developed with input from
  356  school district personnel, including teachers and principals,
  357  and shall allow courses in core, career, and alternative
  358  programs that deliver intensive reading remediation through
  359  integrated curricula, provided that the teacher is deemed highly
  360  qualified to teach reading or working toward that status. No
  361  later than July 1 annually, the department shall release the
  362  school district’s allocation of appropriated funds to those
  363  districts having approved plans. A school district that spends
  364  100 percent of this allocation on its approved plan shall be
  365  deemed to have been in compliance with the plan. The department
  366  may withhold funds upon a determination that reading instruction
  367  allocation funds are not being used to implement the approved
  368  plan. The department shall monitor and track the implementation
  369  of each district plan, including conducting site visits and
  370  collecting specific data on expenditures and reading improvement
  371  results. By February 1 of each year, the department shall report
  372  its findings to the Legislature.
  373         2. Each school district that has a school designated as one
  374  of the 300 lowest-performing elementary schools as specified in
  375  paragraph (a), including a school that is maintaining the
  376  program because it has improved performance so that the school
  377  is no longer on such list, shall specifically delineate in the
  378  comprehensive reading plan, or in an addendum to the
  379  comprehensive reading plan, the implementation design and
  380  reading intervention strategies that will be used for the
  381  required additional hour of reading instruction. The term
  382  “reading intervention includes evidence-based strategies
  383  frequently used to remediate reading deficiencies and also
  384  includes individual instruction, tutoring, mentoring, or the use
  385  of technology that targets specific reading skills and
  386  abilities.
  387         (13) FEDERALLY CONNECTED STUDENT SUPPLEMENT.—The federally
  388  connected student supplement is created to provide supplemental
  389  funding for school districts to support the education of
  390  students connected with federally owned military installations,
  391  National Aeronautics and Space Administration (NASA) real
  392  property, and Indian lands. To be eligible for this supplement,
  393  the district must be eligible for federal Impact Aid Program
  394  funds under s. 8003 of Title VIII of the Elementary and
  395  Secondary Education Act of 1965. The supplement shall be
  396  allocated annually to each eligible school district in the
  397  amount provided in the General Appropriations Act. The
  398  supplement shall be the sum of the student allocation and an
  399  exempt property allocation.
  400         (c) The exempt property allocation shall be equal to the
  401  tax-exempt value of federal impact aid lands reserved as
  402  military installations, real property owned by NASA, or eligible
  403  federally owned Indian lands located in the district, as of
  404  January 1 of the previous year, multiplied by the millage
  405  authorized and levied under s. 1011.71(2).
  406         (d) The amount allocated for each eligible school district
  407  shall be recalculated during the year, using actual student
  408  membership, as amended, from the most recent February survey and
  409  the tax-exempt valuation from the most recent assessment roll.
  410  Upon recalculation, if the total allocation is greater than the
  411  amount provided in the General Appropriations Act, it must be
  412  prorated to the level of the appropriation based on each
  413  district’s share of the total recalculated amount.
  415  CURRENT OPERATION.—The total annual state allocation to each
  416  district for current operation for the FEFP shall be distributed
  417  periodically in the manner prescribed in the General
  418  Appropriations Act.
  419         (b) The amount thus obtained shall be the net annual
  420  allocation to each school district. However, if it is determined
  421  that any school district received an under allocation or over
  422  allocation underallocation or overallocation for any prior year
  423  because of an arithmetical error, assessment roll change
  424  required by final judicial decision, full-time equivalent
  425  student membership error, or any allocation error revealed in an
  426  audit report, the allocation to that district shall be
  427  appropriately adjusted. An under allocation in a prior year
  428  caused by a school district’s error may not be the basis for a
  429  positive allocation adjustment for the current year. Beginning
  430  with the 2011-2012 fiscal year, if a special program cost factor
  431  is less than the basic program cost factor, an audit adjustment
  432  may not result in the reclassification of the special program
  433  FTE to the basic program FTE. If the Department of Education
  434  audit adjustment recommendation is based upon controverted
  435  findings of fact, the Commissioner of Education is authorized to
  436  establish the amount of the adjustment based on the best
  437  interests of the state.
  438         Section 3. Effective upon becoming a law, notwithstanding
  439  the expiration and reversion of section 1013.64, Florida
  440  Statutes, in section 36 of chapter 2016-62, Laws of Florida,
  441  subsection (3) of section 1013.64, Florida Statutes, is
  442  reenacted and amended to read:
  443         1013.64 Funds for comprehensive educational plant needs;
  444  construction cost maximums for school district capital
  445  projects.—Allocations from the Public Education Capital Outlay
  446  and Debt Service Trust Fund to the various boards for capital
  447  outlay projects shall be determined as follows:
  448         (3)(a) Each district school board shall receive an amount
  449  from the Public Education Capital Outlay and Debt Service Trust
  450  Fund to be calculated by computing the capital outlay membership
  451  as determined by the department. Such membership must include,
  452  but is not limited to:
  453         1. K-12 students and prekindergarten exceptional education
  454  students for whom the school district provides the educational
  455  facility, except hospital- and homebound part-time students; and
  456         2. Students who are career education students, and adult
  457  disabled students and who are enrolled in school district career
  458  centers.
  459         (b) The capital outlay full-time equivalent membership
  460  shall be determined for prekindergarten exceptional education
  461  students, kindergarten through the 12th grade, and for career
  462  centers by counting the reported unweighted full-time equivalent
  463  student membership for the second and third surveys, with each
  464  survey limited to 0.5 full-time equivalents per student and
  465  comparing the results on a school-by-school basis with the
  466  Florida Inventory of School Houses. If the prior academic year’s
  467  third survey count is higher than the current year’s second
  468  survey count when comparing the results on a school-by-school
  469  basis with the Florida Inventory of School Houses, the prior
  470  year’s third survey count shall be used on a school-by-school
  471  basis for determining the current capital outlay membership. The
  472  Florida Inventory of School Houses shall be updated with the
  473  current capital outlay membership count as soon as practicable
  474  after verification of the capital outlay membership.
  475         (c) The capital outlay full-time equivalent membership by
  476  grade level organization shall be used in making calculations.
  477  The capital outlay full-time equivalent membership by grade
  478  level organization for the 4th prior year must be used to
  479  compute the base-year allocation. The capital outlay full-time
  480  equivalent membership by grade-level organization for the prior
  481  year must be used to compute the growth over the highest of the
  482  3 years preceding the prior year. From the total amount
  483  appropriated by the Legislature pursuant to this subsection, 40
  484  percent shall be allocated among the base capital outlay full
  485  time equivalent membership and 60 percent among the growth
  486  capital outlay full-time equivalent membership. The allocation
  487  within each of these groups shall be prorated to the districts
  488  based upon each district’s percentage of base and growth capital
  489  outlay full-time equivalent membership. The most recent 4-year
  490  capital outlay full-time equivalent membership data shall be
  491  used in each subsequent year’s calculation for the allocation of
  492  funds pursuant to this subsection. If a change, correction, or
  493  recomputation of data during any year results in a reduction or
  494  increase of the calculated amount previously allocated to a
  495  district, the allocation to that district shall be adjusted
  496  accordingly. If such recomputation results in an increase or
  497  decrease of the calculated amount, such additional or reduced
  498  amounts shall be added to or reduced from the district’s future
  499  appropriations. However, no change, correction, or recomputation
  500  of data may shall be made subsequent to 2 years following the
  501  initial annual allocation.
  502         (d) Funds accruing to a district school board from the
  503  provisions of this section shall be expended on needed projects
  504  as shown by survey or surveys under the rules of the State Board
  505  of Education.
  506         (e) A district school board may lease relocatable
  507  educational facilities for up to 3 years using nonbonded PECO
  508  funds and for any time period using local capital outlay
  509  millage.
  510         (f) Funds distributed to the district school boards shall
  511  be allocated solely based on paragraphs (a), (b), and (c) and
  512  the provisions of paragraphs (1)(a) and (2)(a) and paragraphs
  513  (a)-(c) of this subsection. No individual school district
  514  projects may shall be funded off the top of funds allocated to
  515  district school boards.
  516         Section 4. Section 1013.738, Florida Statutes, is amended
  517  to read:
  518         1013.738 High Growth District Capital Outlay Assistance
  519  Grant Program.—
  520         (1) Subject to funds provided in the General Appropriations
  521  Act, the High Growth District Capital Outlay Assistance Grant
  522  Program is hereby established. Funds provided pursuant to this
  523  section may only be used for the purposes identified in s.
  524  1011.71(2) to construct new student stations.
  525         (2) In order to qualify for a grant, a school district must
  526  meet the following criteria:
  527         (a) The district must have levied the maximum full 1.5
  528  mills of nonvoted discretionary capital outlay millage
  529  authorized in s. 1011.71(2) for each of the prior 5 past 4
  530  fiscal years.
  531         (b)The district must receive revenue from a current voted
  532  school capital outlay sales surtax or a portion of the local
  533  government infrastructure surtax as authorized in s. 212.055.
  534         (c)(b)Fifty percent of The revenue derived from the 2-mill
  535  nonvoted discretionary capital outlay millage for the past 4
  536  fiscal years, when divided by the district’s growth in capital
  537  outlay FTE students over this period, produces a value that is
  538  less than the statewide average maximum potential funds cost per
  539  capital outlay FTE student station calculated pursuant to s.
  540  1013.64(6)(b)1., and weighted by statewide growth in capital
  541  outlay FTE students in elementary, middle, and high schools for
  542  the most recent past 4 fiscal year years.
  543         (d)(c) The district must have equaled or exceeded the
  544  greater of one percent average growth or twice the statewide
  545  average of growth in capital outlay FTE students over the prior
  546  5-year this same 4-year period.
  547         (d) The Commissioner of Education must have released all
  548  funds allocated to the district from the Classrooms First
  549  Program authorized in s. 1013.68, and these funds were fully
  550  expended by the district as of February 1 of the current fiscal
  551  year.
  552         (e) The total capital outlay FTE students of the district
  553  is greater than 24,000 15,000 students.
  554         (3) The funds provided in the General Appropriations Act
  555  shall be allocated pursuant to the following methodology:
  556         (a) For each eligible district, the Department of Education
  557  shall sum calculate the calculated value of 50 percent of the
  558  revenue derived from the maximum potential 2-mill nonvoted
  559  discretionary capital outlay millage and the revenue received
  560  from the voted sales surtax as provided in paragraph (2)(b) and
  561  divide that sum for the past 4 fiscal years divided by the
  562  number of increase in capital outlay FTE students for the same
  563  period.
  564         (b) The Department of Education shall determine, for each
  565  eligible district, the amount that must be added to the funds
  566  per capital outlay FTE value calculated pursuant to paragraph
  567  (a) to produce the statewide weighted average value per capital
  568  outlay FTE for the revenues identified student station
  569  calculated pursuant to paragraph (a) (2)(b).
  570         (c) The value calculated for each eligible district
  571  pursuant to paragraph (b) shall be multiplied by the average
  572  increase in capital outlay FTE students for the past 4 fiscal
  573  years to determine the maximum amount of a grant that may be
  574  awarded to a district pursuant to this section.
  575         (d) In the event the funds provided in the General
  576  Appropriations Act are insufficient to fully fund the maximum
  577  grants calculated pursuant to this section paragraph (c), the
  578  Department of Education shall allocate the funds based on each
  579  district’s prorated share of the total maximum award amount
  580  calculated for all eligible districts.
  581         Section 5. Paragraph (a) of subsection (2) of section
  582  1011.71, Florida Statutes, is amended to read:
  583         1011.71 District school tax.—
  584         (2) In addition to the maximum millage levy as provided in
  585  subsection (1), each school board may levy not more than 1.5
  586  mills against the taxable value for school purposes for district
  587  schools, including charter schools at the discretion of the
  588  school board, to fund:
  589         (a) New construction and remodeling projects, as set forth
  590  in s. 1013.64(3)(d) s. 1013.64(3)(b) and (6)(b) and included in
  591  the district’s educational plant survey pursuant to s. 1013.31,
  592  without regard to prioritization, sites and site improvement or
  593  expansion to new sites, existing sites, auxiliary facilities,
  594  athletic facilities, or ancillary facilities.
  595         Section 6. Subsection (2) of section 1013.54, Florida
  596  Statutes, is amended to read:
  597         1013.54 Cooperative development and use of satellite
  598  facilities by private industry and district school boards.—
  599         (2) The commissioner shall appoint a review committee to
  600  make recommendations and prioritize requests. If the project is
  601  approved by the commissioner, the commissioner shall include up
  602  to one-fourth of the cost of the project in the legislative
  603  capital outlay budget request, as provided in s. 1013.60, for
  604  the funding of capital outlay projects involving both
  605  educational and private industry. The commissioner shall
  606  prioritize any such projects for each fiscal year and,
  607  notwithstanding the provisions of s. 1013.64(3)(e) s.
  608  1013.64(3)(c), limit the recommended state funding amount not to
  609  exceed 5 percent off the top of the total funds recommended
  610  pursuant to s. 1013.64(2) and (3).
  611         Section 7. Except as otherwise expressly provided in this
  612  act and except for this section, which shall take effect upon
  613  this act becoming a law, this act shall take effect July 1,
  614  2017.