Florida Senate - 2014                                     SB 736
       By Senator Sobel
       33-00559B-14                                           2014736__
    1                        A bill to be entitled                      
    2         An act relating to discretionary education funding;
    3         providing a short title; amending s. 1011.71, F.S.;
    4         increasing the maximum millage a district school board
    5         may levy for capital outlay purposes; amending ss.
    6         1013.64 and 1013.738, F.S.; conforming provisions to
    7         changes made by the act; providing an effective date.
    9  Be It Enacted by the Legislature of the State of Florida:
   11         Section 1. This act may be cited as the “Reinventing Our
   12  Schools Act.”
   13         Section 2. Subsection (2) and paragraph (a) of subsection
   14  (3) of section 1011.71, Florida Statutes, are amended to read:
   15         1011.71 District school tax.—
   16         (2) In addition to the maximum millage levy as provided in
   17  subsection (1), each school board may levy up to 1.75 not more
   18  than 1.5 mills against the taxable value for school purposes for
   19  district schools, including charter schools at the discretion of
   20  the school board, to fund:
   21         (a) New construction and remodeling projects, as set forth
   22  in s. 1013.64(3)(b) and (6)(b) and included in the district’s
   23  educational plant survey pursuant to s. 1013.31, without regard
   24  to prioritization, sites and site improvement or expansion to
   25  new sites, existing sites, auxiliary facilities, athletic
   26  facilities, or ancillary facilities.
   27         (b) Maintenance, renovation, and repair of existing school
   28  plants or of leased facilities to correct deficiencies pursuant
   29  to s. 1013.15(2).
   30         (c) The purchase, lease-purchase, or lease of school buses.
   31         (d) The purchase, lease-purchase, or lease of new and
   32  replacement equipment; computer hardware, including electronic
   33  hardware and other hardware devices necessary for gaining access
   34  to or enhancing the use of electronic content and resources or
   35  for facilitating to facilitate the access to and the use of a
   36  school district’s local instructional improvement electronic
   37  learning management system pursuant to s. 1006.281, excluding
   38  software other than the operating system necessary to operate
   39  the hardware or device; and enterprise resource software
   40  applications that are classified as capital assets in accordance
   41  with definitions of the Governmental Accounting Standards Board,
   42  have a useful life of at least 5 years, and are used to support
   43  districtwide administration or state-mandated reporting
   44  requirements.
   45         (e) Payments for educational facilities and sites due under
   46  a lease-purchase agreement entered into by a district school
   47  board pursuant to s. 1003.02(1)(f) or s. 1013.15(2), not
   48  exceeding, in the aggregate, an amount equal to three-fourths of
   49  the proceeds from the millage levied by a district school board
   50  pursuant to this subsection. The three-fourths limit is waived
   51  for lease-purchase agreements entered into before June 30, 2009,
   52  by a district school board pursuant to this paragraph.
   53         (f) Payment of loans approved pursuant to ss. 1011.14 and
   54  1011.15.
   55         (g) Payment of costs directly related to complying with
   56  state and federal environmental statutes, rules, and regulations
   57  governing school facilities.
   58         (h) Payment of costs of leasing relocatable educational
   59  facilities, of renting or leasing educational facilities and
   60  sites pursuant to s. 1013.15(2), or of renting or leasing
   61  buildings or space within existing buildings pursuant to s.
   62  1013.15(4).
   63         (i) Payment of the cost of school buses when a school
   64  district contracts with a private entity to provide student
   65  transportation services if the district meets the requirements
   66  of this paragraph.
   67         1. The district’s contract must require that the private
   68  entity purchase, lease-purchase, or lease, and operate and
   69  maintain, one or more school buses of a specific type and size
   70  which that meet the requirements of s. 1006.25.
   71         2. Each such school bus must be used for the daily
   72  transportation of public school students in the manner required
   73  by the school district.
   74         3. Annual payment for each such school bus may not exceed
   75  10 percent of the purchase price of the state pool bid.
   76         4. The proposed expenditure of the funds for this purpose
   77  must have been included in the district school board’s notice of
   78  proposed tax for school capital outlay as provided in s.
   79  200.065(10).
   80         (j) Payment of the cost of the opening day collection for
   81  the library media center of a new school.
   82         (3)(a) Notwithstanding subsection (2), if the revenue from
   83  1.75 1.5 mills is insufficient to meet the payments due under a
   84  lease-purchase agreement entered into before June 30, 2009, by a
   85  district school board pursuant to paragraph (2)(e), or to meet
   86  other critical district fixed capital outlay needs, the board,
   87  in addition to the 1.75 1.5 mills, may levy up to 0.25 mills for
   88  fixed capital outlay in lieu of levying an equivalent amount of
   89  the discretionary mills for operations as provided in the
   90  General Appropriations Act. Millage levied pursuant to this
   91  subsection is subject to the provisions of s. 200.065 and,
   92  combined with the 1.75 1.5 mills authorized in subsection (2),
   93  may not exceed 2 1.75 mills. If the district chooses to use up
   94  to 0.25 mills for fixed capital outlay, the compression
   95  adjustment pursuant to s. 1011.62(5) shall be calculated for the
   96  standard discretionary millage that is not eligible for transfer
   97  to capital outlay.
   98         Section 3. Paragraph (a) of subsection (2) and paragraph
   99  (b) of subsection (6) of section 1013.64, Florida Statutes, are
  100  amended to read:
  101         1013.64 Funds for comprehensive educational plant needs;
  102  construction cost maximums for school district capital
  103  projects.—Allocations from the Public Education Capital Outlay
  104  and Debt Service Trust Fund to the various boards for capital
  105  outlay projects shall be determined as follows:
  106         (2)(a) The department shall establish, as a part of the
  107  Public Education Capital Outlay and Debt Service Trust Fund, a
  108  separate account, in an amount determined by the Legislature, to
  109  be known as the “Special Facility Construction Account.” The
  110  Special Facility Construction Account shall be used to provide
  111  necessary construction funds to school districts that which have
  112  urgent construction needs but that which lack sufficient
  113  resources at present, and cannot reasonably anticipate
  114  sufficient resources within the period of the next 3 years, for
  115  these purposes from currently authorized sources of capital
  116  outlay revenue. A school district requesting funding from the
  117  Special Facility Construction Account shall submit one specific
  118  construction project, not to exceed one complete educational
  119  plant, to the Special Facility Construction Committee. A No
  120  district may not shall receive funding for more than one
  121  approved project in any 3-year period. The first year of the 3
  122  year period shall be the first year a district receives an
  123  appropriation. The department shall encourage a construction
  124  program that reduces the average size of schools in the
  125  district. The request must meet the following criteria to be
  126  considered by the committee:
  127         1. The project must be deemed a critical need and must be
  128  recommended for funding by the Special Facility Construction
  129  Committee. Prior to developing plans for the proposed facility,
  130  the district school board must request a preapplication review
  131  by the Special Facility Construction Committee or a project
  132  review subcommittee convened by the committee to include two
  133  representatives of the department and two staff from school
  134  districts not eligible to participate in the program. Within 60
  135  days after receiving the preapplication review request, the
  136  committee or subcommittee shall must meet in the school district
  137  to review the project proposal and existing facilities. To
  138  determine whether the proposed project is a critical need, the
  139  committee or subcommittee shall consider, at a minimum, the
  140  capacity of all existing facilities within the district as
  141  determined by the Florida Inventory of School Houses; the
  142  district’s pattern of student growth; the district’s existing
  143  and projected capital outlay full-time equivalent student
  144  enrollment as determined by the department; the district’s
  145  existing satisfactory student stations; the use of all existing
  146  district property and facilities; grade level configurations;
  147  and any other information that may affect the need for the
  148  proposed project.
  149         2. The construction project must be recommended in the most
  150  recent survey or surveys by the district under the rules of the
  151  State Board of Education.
  152         3. The construction project must appear on the district’s
  153  approved project priority list under the rules of the State
  154  Board of Education.
  155         4. The district must have selected and had approved a site
  156  for the construction project in compliance with s. 1013.36 and
  157  the rules of the State Board of Education.
  158         5. The district must shall have developed a district
  159  school-board-adopted district school board adopted list of
  160  facilities that do not exceed the norm for net square feet
  161  occupancy requirements under the State Requirements for
  162  Educational Facilities, using all possible programmatic
  163  combinations for multiple use of space to obtain maximum daily
  164  use of all spaces within the facility under consideration.
  165         6. Upon construction, the total cost per student station,
  166  including change orders, may must not exceed the cost per
  167  student station as provided in subsection (6).
  168         7. There shall be an agreement signed by The district
  169  school board shall sign an agreement stating that it will
  170  advertise for bids within 30 days of receipt of its encumbrance
  171  authorization from the department.
  172         8. The district must shall, at the time of the request and
  173  for a continuing period of 3 years, levy the maximum millage
  174  against its their nonexempt assessed property value as allowed
  175  in s. 1011.71(2) or must shall raise an equivalent amount of
  176  revenue from the school capital outlay surtax authorized under
  177  s. 212.055(6). Any district with a new or active project that
  178  is, funded under the provisions of this subsection, shall be
  179  required to budget up to no more than the value of 1.75 1.5
  180  mills per year to the project to satisfy the annual
  181  participation requirement in the Special Facility Construction
  182  Account.
  183         9. If a contract has not been signed 90 days after the
  184  advertising of bids, the funding for the specific project must
  185  shall revert to the Special Facility New Construction Account to
  186  be reallocated to other projects on the list. However, an
  187  additional 90 days may be granted by the commissioner.
  188         10. The department must shall certify the inability of the
  189  district to fund the survey-recommended project over a
  190  continuous 3-year period using projected capital outlay revenue
  191  derived from s. 9(d), Art. XII of the State Constitution, as
  192  amended, paragraph (3)(a) of this section, and s. 1011.71(2).
  193         11. The district must shall have on file with the
  194  department an adopted resolution acknowledging its 3-year
  195  commitment of all unencumbered and future revenue acquired from
  196  s. 9(d), Art. XII of the State Constitution, as amended,
  197  paragraph (3)(a) of this section, and s. 1011.71(2).
  198         12. Final phase III plans must be certified by the board as
  199  complete and in compliance with the building and life safety
  200  codes prior to August 1.
  201         (6)
  202         (b)1. A district school board may must not use funds from
  203  the following sources: the Public Education Capital Outlay and
  204  Debt Service Trust Fund; the School District and Community
  205  College District Capital Outlay and Debt Service Trust Fund;
  206  Classrooms First Program funds provided in s. 1013.68; the
  207  nonvoted 1.75-mill 1.5-mill levy of ad valorem property taxes
  208  provided in s. 1011.71(2); Classrooms for Kids Program funds
  209  provided in s. 1013.735; District Effort Recognition Program
  210  funds provided in s. 1013.736; or High Growth District Capital
  211  Outlay Assistance Grant Program funds provided in s. 1013.738
  212  for any new construction of educational plant space with a total
  213  cost per student station, including change orders, which that
  214  equals more than:
  215         a. $17,952 for an elementary school;,
  216         b. $19,386 for a middle school;, or
  217         c. $25,181 for a high school,
  219  (January 2006) as adjusted annually to reflect increases or
  220  decreases in the Consumer Price Index.
  221         2. A district school board may must not use funds from the
  222  Public Education Capital Outlay and Debt Service Trust Fund or
  223  the School District and Community College District Capital
  224  Outlay and Debt Service Trust Fund for any new construction of
  225  an ancillary plant which that exceeds 70 percent of the average
  226  cost per square foot of new construction for all schools.
  227         Section 4. Paragraphs (a) and (b) of subsection (2) and
  228  paragraph (a) of subsection (3) of section 1013.738, Florida
  229  Statutes, are amended to read:
  230         1013.738 High Growth District Capital Outlay Assistance
  231  Grant Program.—
  232         (2) In order to qualify for a grant, a school district must
  233  meet the following criteria:
  234         (a) The district must have levied the maximum full 2 mills
  235  of nonvoted discretionary capital outlay millage authorized in
  236  s. 1011.71(2) for each of the past 4 fiscal years.
  237         (b) Fifty percent of the revenue derived from the maximum
  238  2-mill nonvoted discretionary capital outlay millage authorized
  239  in s. 1011.71(2) for the past 4 fiscal years, when divided by
  240  the district’s growth in capital outlay FTE students over this
  241  period, produces a value that is less than the average cost per
  242  student station calculated pursuant to s. 1013.64(6)(b)1., and
  243  weighted by statewide growth in capital outlay FTE students in
  244  elementary, middle, and high schools for the past 4 fiscal
  245  years.
  246         (3) The funds provided in the General Appropriations Act
  247  shall be allocated pursuant to the following methodology:
  248         (a) For each eligible district, the Department of Education
  249  shall calculate the value of 50 percent of the revenue derived
  250  from the maximum 2-mill nonvoted discretionary capital outlay
  251  millage authorized in s. 1011.71(2) for the past 4 fiscal years
  252  divided by the increase in capital outlay FTE students for the
  253  same period.
  254         Section 5. This act shall take effect July 1, 2014.