Florida Senate - 2017                                    SB 12-A
       By Senator Farmer
       34-00042-17A                                           201712A__
    1                        A bill to be entitled                      
    2         An act relating to school district capital outlay
    3         funding; amending s. 1011.71, F.S.; increasing the
    4         millage school boards are authorized to levy for
    5         school purposes upon a specified vote; providing
    6         requirements for the distribution of such funds to
    7         charter schools; amending s. 1013.738, F.S.;
    8         conforming a provision to changes made by the act;
    9         providing for construction of the act in pari materia
   10         with laws enacted during the 2017 Regular Session of
   11         the Legislature; providing an effective date.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Subsections (2) and (3) of section 1011.71,
   16  Florida Statutes, are amended, and subsection (10) is added to
   17  that section, to read:
   18         1011.71 District school tax.—
   19         (2) In addition to the maximum millage levy as provided in
   20  subsection (1), each school board may levy not more than 2.0 1.5
   21  mills against the taxable value for school purposes for district
   22  schools, including charter schools at the discretion of the
   23  school board. If the school board chooses to raise the millage
   24  above 1.5 mills, such a decision must be made by a two-thirds
   25  vote of its members. The tax revenues from the levy may be used,
   26  to fund:
   27         (a) New construction and remodeling projects, as set forth
   28  in s. 1013.64(3)(b) and (6)(b) and included in the district’s
   29  educational plant survey pursuant to s. 1013.31, without regard
   30  to prioritization, sites and site improvement or expansion to
   31  new sites, existing sites, auxiliary facilities, athletic
   32  facilities, or ancillary facilities.
   33         (b) Maintenance, renovation, and repair of existing school
   34  plants or of leased facilities to correct deficiencies pursuant
   35  to s. 1013.15(2).
   36         (c) The purchase, lease-purchase, or lease of school buses.
   37         (d) The purchase, lease-purchase, or lease of new and
   38  replacement equipment; computer hardware, including electronic
   39  hardware and other hardware devices necessary for gaining access
   40  to or enhancing the use of electronic content and resources or
   41  to facilitate the access to and the use of a school district’s
   42  digital classrooms plan pursuant to s. 1011.62, excluding
   43  software other than the operating system necessary to operate
   44  the hardware or device; and enterprise resource software
   45  applications that are classified as capital assets in accordance
   46  with definitions of the Governmental Accounting Standards Board,
   47  have a useful life of at least 5 years, and are used to support
   48  districtwide administration or state-mandated reporting
   49  requirements.
   50         (e) Payments for educational facilities and sites due under
   51  a lease-purchase agreement entered into by a district school
   52  board pursuant to s. 1003.02(1)(f) or s. 1013.15(2), not
   53  exceeding, in the aggregate, an amount equal to three-fourths of
   54  the proceeds from the millage levied by a district school board
   55  pursuant to this subsection. The three-fourths limit is waived
   56  for lease-purchase agreements entered into before June 30, 2009,
   57  by a district school board pursuant to this paragraph.
   58         (f) Payment of loans approved pursuant to ss. 1011.14 and
   59  1011.15.
   60         (g) Payment of costs directly related to complying with
   61  state and federal environmental statutes, rules, and regulations
   62  governing school facilities.
   63         (h) Payment of costs of leasing relocatable educational
   64  facilities, of renting or leasing educational facilities and
   65  sites pursuant to s. 1013.15(2), or of renting or leasing
   66  buildings or space within existing buildings pursuant to s.
   67  1013.15(4).
   68         (i) Payment of the cost of school buses when a school
   69  district contracts with a private entity to provide student
   70  transportation services if the district meets the requirements
   71  of this paragraph.
   72         1. The district’s contract must require that the private
   73  entity purchase, lease-purchase, or lease, and operate and
   74  maintain, one or more school buses of a specific type and size
   75  that meet the requirements of s. 1006.25.
   76         2. Each such school bus must be used for the daily
   77  transportation of public school students in the manner required
   78  by the school district.
   79         3. Annual payment for each such school bus may not exceed
   80  10 percent of the purchase price of the state pool bid.
   81         4. The proposed expenditure of the funds for this purpose
   82  must have been included in the district school board’s notice of
   83  proposed tax for school capital outlay as provided in s.
   84  200.065(10).
   85         (j) Payment of the cost of the opening day collection for
   86  the library media center of a new school.
   87         (3) Notwithstanding subsection (2), if the revenue from 2.0
   88  1.5 mills is insufficient to meet the payments due under a
   89  lease-purchase agreement entered into before June 30, 2009, by a
   90  district school board pursuant to paragraph (2)(e), or to meet
   91  other critical district fixed capital outlay needs, the board,
   92  in addition to the 2.0 1.5 mills, may levy up to 0.25 mills for
   93  fixed capital outlay in lieu of levying an equivalent amount of
   94  the discretionary mills for operations as provided in the
   95  General Appropriations Act. Millage levied pursuant to this
   96  subsection is subject to the provisions of s. 200.065 and,
   97  combined with the 2.0 1.5 mills authorized in subsection (2),
   98  may not exceed 2.25 1.75 mills. If the district chooses to use
   99  up to 0.25 mills for fixed capital outlay, the compression
  100  adjustment pursuant to s. 1011.62(5) shall be calculated for the
  101  standard discretionary millage that is not eligible for transfer
  102  to capital outlay.
  103         (10) If a school board chooses to share with charter
  104  schools in the school district a portion of the levied millage
  105  authorized under subsection (2), all of the following
  106  requirements must be met:
  107         (a) A charter school’s total capital outlay funding
  108  allocation may not exceed one-eighth of the discretionary
  109  millage value.
  110         (b) The chair of the governing board and the chief
  111  administrative officer of the charter school that receives such
  112  funds shall annually certify under oath that the funds will be
  113  used solely and exclusively for constructing, renovating, or
  114  improving charter school facilities that are:
  115         1. Owned by a school district, political subdivision of the
  116  state, municipality, Florida College System institution, or
  117  state university; or
  118         2. Owned by an organization, qualified as an exempt
  119  organization under s. 501(c)(3) of the Internal Revenue Code,
  120  whose articles of incorporation specify that upon the
  121  organization’s dissolution, the subject property will be
  122  transferred to a school district, political subdivision of the
  123  state, municipality, Florida College System institution, or
  124  state university.
  125         Section 2. Paragraph (a) of subsection (2) of section
  126  1013.738, Florida Statutes, is amended to read:
  127         1013.738 High Growth District Capital Outlay Assistance
  128  Grant Program.—
  129         (2) In order to qualify for a grant, a school district must
  130  meet the following criteria:
  131         (a) The district must have levied the full 2.0 1.5 mills of
  132  nonvoted discretionary capital outlay millage authorized in s.
  133  1011.71(2) for each of the past 4 fiscal years.
  134         Section 3. If any law amended by this act was also amended
  135  by a law enacted during the 2017 Regular Session of the
  136  Legislature, such laws shall be construed as if they had been
  137  enacted during the same session of the Legislature and full
  138  effect shall be given to each if possible.
  139         Section 4. This act shall take effect July 1, 2017, or upon
  140  becoming a law, whichever occurs later.