Florida Senate - 2016                          SENATOR AMENDMENT
       Bill No. CS for SB 1166
       
       
       
       
       
       
                                Ì3630586Î363058                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: NC/2R          .                                
             03/04/2016 01:08 PM       .                                
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       Senator Gaetz moved the following:
       
    1         Senate Amendment to Amendment (913116) (with title
    2  amendment)
    3  
    4         Delete lines 1010 - 1044
    5  and insert:
    6  s. 1013.62(3) s. 1013.62(2).
    7         3. For high-performing charter schools, as defined in s.
    8  1002.331 ch. 2011-232, a sponsor may withhold a total
    9  administrative fee of up to 2 percent for enrollment up to and
   10  including 250 students per school.
   11         4. In addition, a sponsor may withhold only up to a 5
   12  percent administrative fee for enrollment for up to and
   13  including 500 students within a system of charter schools which
   14  meets all of the following:
   15         a. Includes both conversion charter schools and
   16  nonconversion charter schools;
   17         b. Has all schools located in the same county;
   18         c. Has a total enrollment exceeding the total enrollment of
   19  at least one school district in the state;
   20         d. Has the same governing board; and
   21         e. Does not contract with a for-profit service provider for
   22  management of school operations.
   23         5. The difference between the total administrative fee
   24  calculation and the amount of the administrative fee withheld
   25  pursuant to subparagraph 4. may be used for instructional and
   26  administrative purposes as well as for capital outlay purposes
   27  specified in s. 1013.62(3) s. 1013.62(2).
   28         6. For a high-performing charter school system that also
   29  meets the requirements in subparagraph 4., a sponsor may
   30  withhold a 2-percent administrative fee for enrollments up to
   31  and including 500 students per system.
   32         7. Sponsors shall not charge charter schools any additional
   33  fees or surcharges for administrative and educational services
   34  in addition to the maximum 5-percent administrative fee withheld
   35  pursuant to this paragraph.
   36         8. The sponsor of a virtual charter school may withhold a
   37  fee of up to 5 percent. The funds shall be used to cover the
   38  cost of services provided under subparagraph 1. and
   39  implementation of the school district’s digital classrooms plan
   40  pursuant to s. 1011.62.
   41         Section 6. Section 1001.66, Florida Statutes, is created to
   42  read:
   43         1001.66Florida College System Performance-Based
   44  Incentive.—
   45         (1)A Florida College System Performance-Based Incentive
   46  shall be awarded to Florida College System institutions using
   47  performance-based metrics adopted by the State Board of
   48  Education. The performance-based metrics must include retention
   49  rates; program completion and graduation rates; postgraduation
   50  employment, salaries, and continuing education for workforce
   51  education and baccalaureate programs, with wage thresholds that
   52  reflect the added value of the certificate or degree; and
   53  outcome measures appropriate for associate of arts degree
   54  recipients. The state board shall adopt benchmarks to evaluate
   55  each institution’s performance on the metrics to measure the
   56  institution’s achievement of institutional excellence or need
   57  for improvement and minimum requirements for eligibility to
   58  receive performance funding.
   59         (2)Each fiscal year, the amount of funds available for
   60  allocation to the Florida College System institutions based on
   61  the performance-based funding model shall consist of the state’s
   62  investment in performance funding plus institutional investments
   63  consisting of funds to be redistributed from the base funding of
   64  the Florida College System Program Fund as determined in the
   65  General Appropriations Act. The State Board of Education shall
   66  establish minimum performance funding eligibility thresholds for
   67  the state’s investment and the institutional investments. An
   68  institution that fails to meet the minimum state investment
   69  performance funding eligibility threshold is ineligible for a
   70  share of the state’s investment in performance funding. The
   71  institutional investment shall be restored for all institutions
   72  eligible for the state’s investment under the performance-based
   73  funding model.
   74         (3)(a)Each Florida College System institution’s share of
   75  the performance funding shall be calculated based on its
   76  relative performance on the established metrics in conjunction
   77  with the institutional size and scope.
   78         (b)A Florida College System institution that fails to meet
   79  the State Board of Education’s minimum institutional investment
   80  performance funding eligibility threshold shall have a portion
   81  of its institutional investment withheld by the state board and
   82  must submit an improvement plan to the state board which
   83  specifies the activities and strategies for improving the
   84  institution’s performance. The state board must review and
   85  approve the improvement plan and, if the plan is approved, must
   86  monitor the institution’s progress in implementing the
   87  activities and strategies specified in the improvement plan. The
   88  institution shall submit monitoring reports to the state board
   89  by December 31 and May 31 of each year in which an improvement
   90  plan is in place. Beginning in the 2017-2018 fiscal year, the
   91  ability of an institution to submit an improvement plan to the
   92  state board is limited to 1 fiscal year.
   93         (c)The Commissioner of Education shall withhold
   94  disbursement of the institutional investment until the
   95  monitoring report is approved by the State Board of Education. A
   96  Florida College System institution determined by the state board
   97  to be making satisfactory progress on implementing the
   98  improvement plan shall receive no more than one-half of the
   99  withheld institutional investment in January and the balance of
  100  the withheld institutional investment in June. An institution
  101  that fails to make satisfactory progress may not have its full
  102  institutional investment restored. Any institutional investment
  103  funds that are not restored shall be redistributed in accordance
  104  with the state board’s performance-based metrics.
  105         (4)Distributions of performance funding, as provided in
  106  this section, shall be made to each of the Florida College
  107  System institutions listed in the Florida Colleges category in
  108  the General Appropriations Act.
  109         (5)By October 1 of each year, the State Board of Education
  110  shall submit to the Governor, the President of the Senate, and
  111  the Speaker of the House of Representatives a report on the
  112  previous fiscal year’s performance funding allocation, which
  113  must reflect the rankings and award distributions.
  114         (6)The State Board of Education shall adopt rules to
  115  administer this section.
  116         Section 7. Section 1001.92, Florida Statutes, is amended to
  117  read:
  118         1001.92 State University System Performance-Based
  119  Incentive.—
  120         (1) A State University System Performance-Based Incentive
  121  shall be awarded to state universities using performance-based
  122  metrics adopted by the Board of Governors of the State
  123  University System. The performance-based metrics must include
  124  graduation rates;, retention rates;, postgraduation education
  125  rates;, degree production;, affordability;, postgraduation
  126  employment and salaries, including wage thresholds that reflect
  127  the added value of a baccalaureate degree; access;, and other
  128  metrics approved by the board in a formally noticed meeting. The
  129  board shall adopt benchmarks to evaluate each state university’s
  130  performance on the metrics to measure the state university’s
  131  achievement of institutional excellence or need for improvement
  132  and minimum requirements for eligibility to receive performance
  133  funding.
  134         (2) Each fiscal year, the amount of funds available for
  135  allocation to the state universities based on the performance
  136  based funding model metrics shall consist of the state’s
  137  investment in appropriation for performance funding, including
  138  increases in base funding plus institutional investments
  139  consisting of funds deducted from the base funding of each state
  140  university in the State University System, in an amount provided
  141  in the General Appropriations Act. The Board of Governors shall
  142  establish minimum performance funding eligibility thresholds for
  143  the state’s investment and the institutional investments. A
  144  state university that fails to meet the minimum state investment
  145  performance funding eligibility threshold is ineligible for a
  146  share of the state’s investment in performance funding. The
  147  institutional investment shall be restored for each institution
  148  eligible for the state’s investment under the performance-based
  149  funding model metrics.
  150         (3)(a) A state university that fails to meet the Board of
  151  Governors’ minimum institutional investment performance funding
  152  eligibility threshold shall have a portion of its institutional
  153  investment withheld by the board and must submit an improvement
  154  plan to the board that specifies the activities and strategies
  155  for improving the state university’s performance. The board must
  156  review and approve the improvement plan and, if the plan is
  157  approved, must monitor the state university’s progress in
  158  implementing the activities and strategies specified in the
  159  improvement plan. The state university shall submit monitoring
  160  reports to the board by December 31 and May 31 of each year in
  161  which an improvement plan is in place. The ability of a state
  162  university to submit an improvement plan to the board is limited
  163  to 1 fiscal year.
  164         (b) The Chancellor of the State University System shall
  165  withhold disbursement of the institutional investment until the
  166  monitoring report is approved by the Board of Governors. A state
  167  university that is determined by the board to be making
  168  satisfactory progress on implementing the improvement plan shall
  169  receive no more than one-half of the withheld institutional
  170  investment in January and the balance of the withheld
  171  institutional investment in June. A state university that fails
  172  to make satisfactory progress may not have its full
  173  institutional investment restored. Any institutional investment
  174  funds that are not restored shall be redistributed in accordance
  175  with the board’s performance-based metrics.
  176         (4) Distributions of performance funding, as provided in
  177  this section, shall be made to each of the state universities
  178  listed in the Education and General Activities category in the
  179  General Appropriations Act.
  180         (5) By October 1 of each year, the Board of Governors shall
  181  submit to the Governor, the President of the Senate, and the
  182  Speaker of the House of Representatives a report on the previous
  183  fiscal year’s performance funding allocation which must reflect
  184  the rankings and award distributions.
  185         (6) The Board of Governors shall adopt regulations to
  186  administer this section expires July 1, 2016.
  187         Section 8. Subsection (4) of section 1003.4282, Florida
  188  Statutes, is amended to read:
  189         1003.4282 Requirements for a standard high school diploma.—
  190         (4) ONLINE COURSE REQUIREMENT.—At least one course within
  191  the 24 credits required under this section must be completed
  192  through online learning. A school district may not require a
  193  student to take the online course outside the school day or in
  194  addition to a student’s courses for a given semester.
  195         (a) An online course taken in grade 6, grade 7, or grade 8
  196  fulfills the this requirement in this subsection. The This
  197  requirement is met through an online course offered by the
  198  Florida Virtual School, a virtual education provider approved by
  199  the State Board of Education, a high school, or an online dual
  200  enrollment course. A student who is enrolled in a full-time or
  201  part-time virtual instruction program under s. 1002.45 meets the
  202  this requirement.
  203         (b) A district school board or a charter school governing
  204  board, as applicable, may offer students the following options
  205  to satisfy the online course requirement in this subsection:
  206         1. Completion of a course in which a student earns a
  207  nationally recognized industry certification in information
  208  technology that is identified on the CAPE Industry Certification
  209  Funding List pursuant to s. 1008.44 or passage of the
  210  information technology certification examination without
  211  enrollment in or completion of the corresponding course or
  212  courses, as applicable.
  213         2. Passage of an online content assessment, without
  214  enrollment in or completion of the corresponding course or
  215  courses, as applicable, by which the student demonstrates skills
  216  and competency in locating information and applying technology
  217  for instructional purposes.
  218  
  219  For purposes of this subsection, a school district may not
  220  require a student to take the online course outside the school
  221  day or in addition to a student’s courses for a given semester.
  222  This subsection requirement does not apply to a student who has
  223  an individual education plan under s. 1003.57 which indicates
  224  that an online course would be inappropriate or to an out-of
  225  state transfer student who is enrolled in a Florida high school
  226  and has 1 academic year or less remaining in high school.
  227         Section 9. Effective July 1, 2016, and upon the expiration
  228  of the amendment to section 1011.62, Florida Statutes, made by
  229  chapter 2015-222, Laws of Florida, paragraph (a) of subsection
  230  (4) of that section is amended, present subsections (13), (14),
  231  and (15) of that section are redesignated as subsections (14),
  232  (15), and (16), respectively, a new subsection (13) is added to
  233  that section, and present subsection (14) of that section is
  234  amended, to read:
  235         1011.62 Funds for operation of schools.—If the annual
  236  allocation from the Florida Education Finance Program to each
  237  district for operation of schools is not determined in the
  238  annual appropriations act or the substantive bill implementing
  239  the annual appropriations act, it shall be determined as
  240  follows:
  241         (4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.—The
  242  Legislature shall prescribe the aggregate required local effort
  243  for all school districts collectively as an item in the General
  244  Appropriations Act for each fiscal year. The amount that each
  245  district shall provide annually toward the cost of the Florida
  246  Education Finance Program for kindergarten through grade 12
  247  programs shall be calculated as follows:
  248         (a) Estimated taxable value calculations.—
  249         1.a. Not later than 2 working days before prior to July 19,
  250  the Department of Revenue shall certify to the Commissioner of
  251  Education its most recent estimate of the taxable value for
  252  school purposes in each school district and the total for all
  253  school districts in the state for the current calendar year
  254  based on the latest available data obtained from the local
  255  property appraisers. The value certified shall be the taxable
  256  value for school purposes for that year, and no further
  257  adjustments shall be made, except those made pursuant to
  258  paragraphs (c) and (d), or an assessment roll change required by
  259  final judicial decisions as specified in paragraph (15)(b)
  260  (14)(b). Not later than July 19, the Commissioner of Education
  261  shall compute a millage rate, rounded to the next highest one
  262  one-thousandth of a mill, which, when applied to 96 percent of
  263  the estimated state total taxable value for school purposes,
  264  would generate the prescribed aggregate required local effort
  265  for that year for all districts. The Commissioner of Education
  266  shall certify to each district school board the millage rate,
  267  computed as prescribed in this subparagraph, as the minimum
  268  millage rate necessary to provide the district required local
  269  effort for that year.
  270         b. The General Appropriations Act shall direct the
  271  computation of the statewide adjusted aggregate amount for
  272  required local effort for all school districts collectively from
  273  ad valorem taxes to ensure that no school district’s revenue
  274  from required local effort millage will produce more than 90
  275  percent of the district’s total Florida Education Finance
  276  Program calculation as calculated and adopted by the
  277  Legislature, and the adjustment of the required local effort
  278  millage rate of each district that produces more than 90 percent
  279  of its total Florida Education Finance Program entitlement to a
  280  level that will produce only 90 percent of its total Florida
  281  Education Finance Program entitlement in the July calculation.
  282         2. On the same date as the certification in sub
  283  subparagraph 1.a., the Department of Revenue shall certify to
  284  the Commissioner of Education for each district:
  285         a. Each year for which the property appraiser has certified
  286  the taxable value pursuant to s. 193.122(2) or (3), if
  287  applicable, since the prior certification under sub-subparagraph
  288  1.a.
  289         b. For each year identified in sub-subparagraph a., the
  290  taxable value certified by the appraiser pursuant to s.
  291  193.122(2) or (3), if applicable, since the prior certification
  292  under sub-subparagraph 1.a. This is the certification that
  293  reflects all final administrative actions of the value
  294  adjustment board.
  295         (13)FEDERALLY CONNECTED STUDENT SUPPLEMENT.—The federally
  296  connected student supplement is created to provide supplemental
  297  funding for school districts to support the education of
  298  students connected with federally owned military installations,
  299  National Aeronautics and Space Administration (NASA) real
  300  property, and Indian lands. To be eligible for this supplement,
  301  the district must be eligible for federal Impact Aid Program
  302  funds under s. 8003 of Title VIII of the Elementary and
  303  Secondary Education Act of 1965. The supplement shall be
  304  allocated annually to each eligible school district in the
  305  amount provided in the General Appropriations Act. The
  306  supplement shall be the sum of the student allocation and an
  307  exempt property allocation.
  308         (a)The student allocation shall be calculated based on the
  309  number of students reported for federal Impact Aid Program
  310  funds, including students with disabilities, who meet one of the
  311  following criteria:
  312         1.The student has a parent who is on active duty in the
  313  uniformed services or is an accredited foreign government
  314  official and military officer. Students with disabilities shall
  315  also be reported separately for this category.
  316         2.The student resides on eligible federally owned Indian
  317  land. Students with disabilities shall also be reported
  318  separately for this category.
  319         3.The student resides with a civilian parent who lives or
  320  works on eligible federal property connected with a military
  321  installation or NASA. The number of these students shall be
  322  multiplied by a factor of 0.5.
  323         (b)The total number of federally connected students
  324  calculated under paragraph (a) shall be multiplied by a
  325  percentage of the base student allocation as provided in the
  326  General Appropriations Act. The total of the number of students
  327  with disabilities as reported separately under subparagraphs
  328  (a)1. and (a)2. shall be multiplied by an additional percentage
  329  of the base student allocation as provided in the General
  330  Appropriations Act. The base amount and the amount for students
  331  with disabilities shall be summed to provide the student
  332  allocation.
  333         (c)The exempt property allocation shall be equal to the
  334  tax-exempt value of federal impact aid lands reserved as
  335  military installations, real property owned by NASA, or eligible
  336  federally owned Indian lands located in the district, as of
  337  January 1 of the previous year, multiplied by the millage
  338  authorized and levied under s. 1011.71(2).
  339         (14)(13) QUALITY ASSURANCE GUARANTEE.—The Legislature may
  340  annually in the General Appropriations Act determine a
  341  percentage increase in funds per K-12 unweighted FTE as a
  342  minimum guarantee to each school district. The guarantee shall
  343  be calculated from prior year base funding per unweighted FTE
  344  student which shall include the adjusted FTE dollars as provided
  345  in subsection (15) (14), quality guarantee funds, and actual
  346  nonvoted discretionary local effort from taxes. From the base
  347  funding per unweighted FTE, the increase shall be calculated for
  348  the current year. The current year funds from which the
  349  guarantee shall be determined shall include the adjusted FTE
  350  dollars as provided in subsection (15) (14) and potential
  351  nonvoted discretionary local effort from taxes. A comparison of
  352  current year funds per unweighted FTE to prior year funds per
  353  unweighted FTE shall be computed. For those school districts
  354  which have less than the legislatively assigned percentage
  355  increase, funds shall be provided to guarantee the assigned
  356  percentage increase in funds per unweighted FTE student. Should
  357  appropriated funds be less than the sum of this calculated
  358  amount for all districts, the commissioner shall prorate each
  359  district’s allocation. This provision shall be implemented to
  360  the extent specifically funded.
  361         Section 10. Section 1013.62, Florida Statutes, is amended
  362  to read:
  363         1013.62 Charter schools capital outlay funding.—
  364         (1) In each year in which funds are appropriated for
  365  charter school capital outlay purposes, the Commissioner of
  366  Education shall allocate the funds among eligible charter
  367  schools as specified in this section.
  368         (a) To be eligible for a funding allocation, a charter
  369  school must:
  370         1.a. Have been in operation for 3 or more years;
  371         b. Be governed by a governing board established in the
  372  state for 3 or more years which operates both charter schools
  373  and conversion charter schools within the state;
  374         c. Be an expanded feeder chain of a charter school within
  375  the same school district that is currently receiving charter
  376  school capital outlay funds;
  377         d. Have been accredited by the Commission on Schools of the
  378  Southern Association of Colleges and Schools; or
  379         e. Serve students in facilities that are provided by a
  380  business partner for a charter school-in-the-workplace pursuant
  381  to s. 1002.33(15)(b).
  382         2. Have financial stability for future operation as a
  383  charter school.
  384         3. Have satisfactory student achievement based on state
  385  accountability standards applicable to the charter school.
  386         4. Have received final approval from its sponsor pursuant
  387  to s. 1002.33 for operation during that fiscal year.
  388         5. Serve students in facilities that are not provided by
  389  the charter school’s sponsor.
  390         (b) The first priority for charter school capital outlay
  391  funding is to allocate to charter schools that received funding
  392  in the 2005-2006 fiscal year an allocation of the same amount
  393  per capital outlay full-time equivalent student, up to the
  394  lesser of the actual number of capital outlay full-time
  395  equivalent students in the current year, or the capital outlay
  396  full-time equivalent students in the 2005-2006 fiscal year.
  397  After calculating the first priority, the second priority is to
  398  allocate excess funds remaining in the appropriation in an
  399  amount equal to the per capital outlay full-time equivalent
  400  student amount in the first priority calculation to eligible
  401  charter schools not included in the first priority calculation
  402  and to schools in the first priority calculation with growth
  403  greater than the 2005-2006 capital outlay full-time equivalent
  404  students. After calculating the first and second priorities,
  405  excess funds remaining in the appropriation must be allocated to
  406  all eligible charter schools.
  407         (c) A charter school’s allocation may not exceed one
  408  fifteenth of the cost per student station specified in s.
  409  1013.64(6)(b). Before releasing capital outlay funds to a school
  410  district on behalf of the charter school, the Department of
  411  Education must ensure that the district school board and the
  412  charter school governing board enter into a written agreement
  413  that provides for the reversion of any unencumbered funds and
  414  all equipment and property purchased with public education funds
  415  to the ownership of the district school board, as provided for
  416  in subsection (3) if the school terminates operations. Any funds
  417  recovered by the state shall be deposited in the General Revenue
  418  Fund.
  419         (b)(d) A charter school is not eligible for a funding
  420  allocation if it was created by the conversion of a public
  421  school and operates in facilities provided by the charter
  422  school’s sponsor for a nominal fee, or at no charge, or if it is
  423  directly or indirectly operated by the school district.
  424         (c) It is the intent of the Legislature that the public
  425  interest be protected by prohibiting personal financial
  426  enrichment by owners, operators, managers, and other affiliated
  427  parties of charter schools. A charter school is not eligible for
  428  a funding allocation unless the chair of the governing board and
  429  the chief administrative officer of the charter school annually
  430  certify under oath that the funds will be used solely and
  431  exclusively for constructing, renovating, or improving charter
  432  school facilities that are:
  433         1. Owned by a school district, political subdivision of the
  434  state, municipality, Florida College System institution, or
  435  state university;
  436         2. Owned by an organization, qualified as an exempt
  437  organization under s. 501(c)(3) of the Internal Revenue Code,
  438  whose articles of incorporation specify that upon the
  439  organization’s dissolution, the subject property will be
  440  transferred to a school district, political subdivision of the
  441  state, municipality, Florida College System institution, or
  442  state university; or
  443         3. Owned by and leased, at a fair market value in the
  444  school district in which the charter school is located, from a
  445  person or entity that is not an affiliated party of the charter
  446  school. For purposes of this paragraph, the term “affiliated
  447  party of the charter school” means the applicant for the charter
  448  school pursuant to s. 1002.33; the governing board of the
  449  charter school or a member of the governing board; the charter
  450  school owner; the charter school principal; an employee of the
  451  charter school; an independent contractor of the charter school
  452  or the governing board of the charter school; a relative, as
  453  defined in s. 1002.33(24)(a)2., of a charter school governing
  454  board member, a charter school owner, a charter school
  455  principal, a charter school employee, or an independent
  456  contractor of a charter school or charter school governing
  457  board; a subsidiary corporation, a service corporation, an
  458  affiliated corporation, a parent corporation, a limited
  459  liability company, a limited partnership, a trust, a
  460  partnership, or a related party that individually or through one
  461  or more entities that share common ownership or control that
  462  directly or indirectly manages, administers, controls, or
  463  oversees the operation of the charter school; or any person or
  464  entity, individually or through one or more entities that share
  465  common ownership, that directly or indirectly manages,
  466  administers, controls, or oversees the operation of any of the
  467  foregoing.
  468         (d) The funding allocation for eligible charter schools
  469  shall be calculated as follows:
  470         1. Eligible charter schools shall be grouped into
  471  categories based on their student populations according to the
  472  following criteria:
  473         a. Seventy-five percent or greater who are eligible for
  474  free or reduced-price school lunch.
  475         b. Twenty-five percent or greater with disabilities as
  476  defined in state board rule and consistent with the requirements
  477  of the Individuals with Disabilities Education Act.
  478         2. If an eligible charter school does not meet the criteria
  479  for either category under subparagraph 1., its FTE shall be
  480  provided as the base amount of funding and shall be assigned a
  481  weight of 1.0. An eligible charter school that meets the
  482  criteria under sub-subparagraph 1.a. or sub-subparagraph 1.b.
  483  shall be provided an additional 25 percent above the base
  484  funding amount, and the total FTE shall be multiplied by a
  485  weight of 1.25. An eligible charter school that meets the
  486  criteria under both sub-subparagraphs 1.a. and 1.b. shall be
  487  provided an additional 50 percent above the base funding amount,
  488  and the FTE for that school shall be multiplied by a weight of
  489  1.5.
  490         3. The state appropriation for charter school capital
  491  outlay shall be divided by the total weighted FTE for all
  492  eligible charter schools to determine the base charter school
  493  per weighted FTE allocation amount. The per weighted FTE
  494  allocation amount shall be multiplied by the weighted FTE to
  495  determine each charter school’s capital outlay allocation.
  496         (e) Unless otherwise provided in the General Appropriations
  497  Act, the funding allocation for each eligible charter school is
  498  determined by multiplying the school’s projected student
  499  enrollment by one-fifteenth of the cost-per-student station
  500  specified in s. 1013.64(6)(b) for an elementary, middle, or high
  501  school, as appropriate. If the funds appropriated are not
  502  sufficient, the commissioner shall prorate the available funds
  503  among eligible charter schools. However, a charter school or
  504  charter lab school may not receive state charter school capital
  505  outlay funds greater than the one-fifteenth cost per student
  506  station formula if the charter school’s combination of state
  507  charter school capital outlay funds, capital outlay funds
  508  calculated through the reduction in the administrative fee
  509  provided in s. 1002.33(20), and capital outlay funds allowed in
  510  s. 1002.32(9)(e) and (h) exceeds the one-fifteenth cost per
  511  student station formula.
  512         (2)(a)(f)The department shall calculate the eligible
  513  charter school funding allocations. Funds shall be allocated
  514  using distributed on the basis of the capital outlay full-time
  515  equivalent membership from by grade level, which is calculated
  516  by averaging the results of the second and third enrollment
  517  surveys and free and reduced-price school lunch data. The
  518  department shall recalculate the allocations periodically based
  519  on the receipt of revised information, on a schedule established
  520  by the Commissioner of Education.
  521         (b) The department of Education shall distribute capital
  522  outlay funds monthly, beginning in the first quarter of the
  523  fiscal year, based on one-twelfth of the amount the department
  524  reasonably expects the charter school to receive during that
  525  fiscal year. The commissioner shall adjust subsequent
  526  distributions as necessary to reflect each charter school’s
  527  recalculated allocation actual student enrollment as reflected
  528  in the second and third enrollment surveys. The commissioner
  529  shall establish the intervals and procedures for determining the
  530  projected and actual student enrollment of eligible charter
  531  schools.
  532         (3)(2) A charter school’s governing body may use charter
  533  school capital outlay funds for the following purposes:
  534         (a) Purchase of real property.
  535         (b) Construction of school facilities.
  536         (c) Purchase, lease-purchase, or lease of permanent or
  537  relocatable school facilities.
  538         (d) Purchase of vehicles to transport students to and from
  539  the charter school.
  540         (e) Renovation, repair, and maintenance of school
  541  facilities that the charter school owns or is purchasing through
  542  a lease-purchase or long-term lease of 5 years or longer.
  543         (f) Effective July 1, 2008, purchase, lease-purchase, or
  544  lease of new and replacement equipment, and enterprise resource
  545  software applications that are classified as capital assets in
  546  accordance with definitions of the Governmental Accounting
  547  Standards Board, have a useful life of at least 5 years, and are
  548  used to support schoolwide administration or state-mandated
  549  reporting requirements.
  550         (g) Payment of the cost of premiums for property and
  551  casualty insurance necessary to insure the school facilities.
  552         (h) Purchase, lease-purchase, or lease of driver’s
  553  education vehicles; motor vehicles used for the maintenance or
  554  operation of plants and equipment; security vehicles; or
  555  vehicles used in storing or distributing materials and
  556  equipment.
  557  
  558  Conversion charter schools may use capital outlay funds received
  559  through the reduction in the administrative fee provided in s.
  560  1002.33(20) for renovation, repair, and maintenance of school
  561  facilities that are owned by the sponsor.
  562         (4)(3)If When a charter school is nonrenewed or
  563  terminated, any unencumbered funds and all equipment and
  564  property purchased with district public funds shall revert to
  565  the ownership of the district school board, as provided for in
  566  s. 1002.33(8)(e) and (f). In the case of a charter lab school,
  567  any unencumbered funds and all equipment and property purchased
  568  with university public funds shall revert to the ownership of
  569  the state university that issued the charter. The reversion of
  570  such equipment, property, and furnishings shall focus on
  571  recoverable assets, but not on intangible or irrecoverable costs
  572  such as rental or leasing fees, normal maintenance, and limited
  573  renovations. The reversion of all property secured with public
  574  funds is subject to the complete satisfaction of all lawful
  575  liens or encumbrances. If there are additional local issues such
  576  as the shared use of facilities or partial ownership of
  577  facilities or property, these issues shall be agreed to in the
  578  charter contract prior to the expenditure of funds.
  579         (5)(4) The Commissioner of Education shall specify
  580  procedures for submitting and approving requests for funding
  581  under this section and procedures for documenting expenditures.
  582         (6)(5) The annual legislative budget request of the
  583  Department of Education shall include a request for capital
  584  outlay funding for charter schools. The request shall be based
  585  on the projected number of students to be served in charter
  586  schools who meet the eligibility requirements of this section. A
  587  dedicated funding source, if identified in writing by the
  588  Commissioner of Education and submitted along with the annual
  589  charter school legislative budget request, may be considered an
  590  additional source of funding.
  591         (6) Unless authorized otherwise by the Legislature,
  592  allocation and proration of charter school capital outlay funds
  593  shall be made to eligible charter schools by the Commissioner of
  594  Education in an amount and in a manner authorized by subsection
  595  (1).
  596         Section 11. Paragraphs (a) and (b) of subsection (2) and
  597  paragraphs (b) through (e) of subsection (6) of section 1013.64,
  598  Florida Statutes, are amended to read:
  599         1013.64 Funds for comprehensive educational plant needs;
  600  construction cost maximums for school district capital
  601  projects.—Allocations from the Public Education Capital Outlay
  602  and Debt Service Trust Fund to the various boards for capital
  603  outlay projects shall be determined as follows:
  604         (2)(a) The department shall establish, as a part of the
  605  Public Education Capital Outlay and Debt Service Trust Fund, a
  606  separate account, in an amount determined by the Legislature, to
  607  be known as the “Special Facility Construction Account.” The
  608  Special Facility Construction Account shall be used to provide
  609  necessary construction funds to school districts which have
  610  urgent construction needs but which lack sufficient resources at
  611  present, and cannot reasonably anticipate sufficient resources
  612  within the period of the next 3 years, for these purposes from
  613  currently authorized sources of capital outlay revenue. A school
  614  district requesting funding from the Special Facility
  615  Construction Account shall submit one specific construction
  616  project, not to exceed one complete educational plant, to the
  617  Special Facility Construction Committee. A No district may not
  618  shall receive funding for more than one approved project in any
  619  3-year period or while any portion of the district’s
  620  participation requirement is outstanding. The first year of the
  621  3-year period shall be the first year a district receives an
  622  appropriation. The department shall encourage a construction
  623  program that reduces the average size of schools in the
  624  district. The request must meet the following criteria to be
  625  considered by the committee:
  626         1. The project must be deemed a critical need and must be
  627  recommended for funding by the Special Facility Construction
  628  Committee. Before Prior to developing construction plans for the
  629  proposed facility, the district school board must request a
  630  preapplication review by the Special Facility Construction
  631  Committee or a project review subcommittee convened by the chair
  632  of the committee to include two representatives of the
  633  department and two staff members from school districts not
  634  eligible to participate in the program. A school district may
  635  request a preapplication review at any time; however, if the
  636  district school board seeks inclusion in the department’s next
  637  annual capital outlay legislative budget request, the
  638  preapplication review request must be made before February 1.
  639  Within 90 60 days after receiving the preapplication review
  640  request, the committee or subcommittee must meet in the school
  641  district to review the project proposal and existing facilities.
  642  To determine whether the proposed project is a critical need,
  643  the committee or subcommittee shall consider, at a minimum, the
  644  capacity of all existing facilities within the district as
  645  determined by the Florida Inventory of School Houses; the
  646  district’s pattern of student growth; the district’s existing
  647  and projected capital outlay full-time equivalent student
  648  enrollment as determined by the demographic, revenue, and
  649  education estimating conferences established in s. 216.136
  650  department; the district’s existing satisfactory student
  651  stations; the use of all existing district property and
  652  facilities; grade level configurations; and any other
  653  information that may affect the need for the proposed project.
  654         2. The construction project must be recommended in the most
  655  recent survey or survey amendment cooperatively prepared surveys
  656  by the district and the department, and approved by the
  657  department under the rules of the State Board of Education. If a
  658  district employs a consultant in the preparation of a survey or
  659  survey amendment, the consultant may not be employed by or
  660  receive compensation from a third party that designs or
  661  constructs a project recommended by the survey.
  662         3. The construction project must appear on the district’s
  663  approved project priority list under the rules of the State
  664  Board of Education.
  665         4. The district must have selected and had approved a site
  666  for the construction project in compliance with s. 1013.36 and
  667  the rules of the State Board of Education.
  668         5. The district shall have developed a district school
  669  board adopted list of facilities that do not exceed the norm for
  670  net square feet occupancy requirements under the State
  671  Requirements for Educational Facilities, using all possible
  672  programmatic combinations for multiple use of space to obtain
  673  maximum daily use of all spaces within the facility under
  674  consideration.
  675         6. Upon construction, the total cost per student station,
  676  including change orders, must not exceed the cost per student
  677  station as provided in subsection (6) except for cost overruns
  678  created by a disaster as defined in s. 252.34 or an
  679  unforeseeable circumstance beyond the district’s control as
  680  determined by the Special Facility Construction Committee.
  681         7. There shall be an agreement signed by the district
  682  school board stating that it will advertise for bids within 30
  683  days of receipt of its encumbrance authorization from the
  684  department.
  685         8. For construction projects for which Special Facilities
  686  Construction Account funding is sought before the 2019-2020
  687  fiscal year, the district shall, at the time of the request and
  688  for a continuing period necessary to meet the district’s
  689  participation requirement of 3 years, levy the maximum millage
  690  against its their nonexempt assessed property value as allowed
  691  in s. 1011.71(2) or shall raise an equivalent amount of revenue
  692  from the school capital outlay surtax authorized under s.
  693  212.055(6). Beginning with construction projects for which
  694  Special Facilities Construction Account funding is sought in the
  695  2019-2020 fiscal year, the district shall, for a minimum of 3
  696  years before submitting the request and for a continuing period
  697  necessary to meet its participation requirement, levy the
  698  maximum millage against the district’s nonexempt assessed
  699  property value as authorized under s. 1011.71(2) or shall raise
  700  an equivalent amount of revenue from the school capital outlay
  701  surtax authorized under s. 212.055(6). Any district with a new
  702  or active project, funded under the provisions of this
  703  subsection, shall be required to budget no more than the value
  704  of 1 mill 1.5 mills per year to the project until the district’s
  705  to satisfy the annual participation requirement relating to the
  706  local discretionary capital improvement millage or the
  707  equivalent amount of revenue from the school capital outlay
  708  surtax is satisfied in the Special Facility Construction
  709  Account.
  710         9. If a contract has not been signed 90 days after the
  711  advertising of bids, the funding for the specific project shall
  712  revert to the Special Facility New Construction Account to be
  713  reallocated to other projects on the list. However, an
  714  additional 90 days may be granted by the commissioner.
  715         10. The department shall certify the inability of the
  716  district to fund the survey-recommended project over a
  717  continuous 3-year period using projected capital outlay revenue
  718  derived from s. 9(d), Art. XII of the State Constitution, as
  719  amended, paragraph (3)(a) of this section, and s. 1011.71(2).
  720         11. The district shall have on file with the department an
  721  adopted resolution acknowledging its 3-year commitment to
  722  satisfy its participation requirement, which is equivalent to of
  723  all unencumbered and future revenue acquired from s. 9(d), Art.
  724  XII of the State Constitution, as amended, paragraph (3)(a) of
  725  this section, and s. 1011.71(2), in the year of the initial
  726  appropriation and for the 2 years immediately following the
  727  initial appropriation.
  728         12. Final phase III plans must be certified by the district
  729  school board as complete and in compliance with the building and
  730  life safety codes before June 1 of the year the application is
  731  made prior to August 1.
  732         (b) The Special Facility Construction Committee shall be
  733  composed of the following: two representatives of the Department
  734  of Education, a representative from the Governor’s office, a
  735  representative selected annually by the district school boards,
  736  and a representative selected annually by the superintendents. A
  737  representative of the department shall chair the committee.
  738         (6)
  739         (b)1. A district school board may must not use funds from
  740  the following sources: Public Education Capital Outlay and Debt
  741  Service Trust Fund; School District and Community College
  742  District Capital Outlay and Debt Service Trust Fund; Classrooms
  743  First Program funds provided in s. 1013.68; nonvoted 1.5-mill
  744  levy of ad valorem property taxes provided in s. 1011.71(2);
  745  Classrooms for Kids Program funds provided in s. 1013.735;
  746  District Effort Recognition Program funds provided in s.
  747  1013.736; or High Growth District Capital Outlay Assistance
  748  Grant Program funds provided in s. 1013.738 for any new
  749  construction of educational plant space with a total cost per
  750  student station, including change orders, that equals more than:
  751         a. $17,952 for an elementary school,
  752         b. $19,386 for a middle school, or
  753         c. $25,181 for a high school,
  754  
  755  (January 2006) as adjusted annually to reflect increases or
  756  decreases in the Consumer Price Index.
  757         2. School districts shall maintain accurate documentation
  758  related to the costs of all new construction of educational
  759  plant space reported to the Department of Education pursuant to
  760  paragraph (d). The Auditor General shall review the
  761  documentation maintained by the school districts and verify
  762  compliance with the limits under this paragraph during its
  763  scheduled operational audits of the school district. The
  764  department shall make the final determination on district
  765  compliance based on the recommendation of the Auditor General.
  766         3. The Office of Program Policy Analysis and Government
  767  Accountability (OPPAGA), in consultation with the department,
  768  shall:
  769         a. Conduct a study of the cost per student station amounts
  770  using the most recent available information on construction
  771  costs. In this study, the costs per student station should
  772  represent the costs of classroom construction and administrative
  773  offices as well as the supplemental costs of core facilities,
  774  including required media centers, gymnasiums, music rooms,
  775  cafeterias and their associated kitchens and food service areas,
  776  vocational areas, and other defined specialty areas, including
  777  exceptional student education areas. The study must take into
  778  account appropriate cost-effectiveness factors in school
  779  construction and should include input from industry experts.
  780  OPPAGA must provide the results of the study and recommendations
  781  on the cost per student station to the Governor, the President
  782  of the Senate, and the Speaker of the House of Representatives
  783  no later than January 31, 2017.
  784         b. Conduct a study of the State Requirements for Education
  785  Facilities (SREF)to identify current requirements that can be
  786  eliminated or modified in order to decrease the cost of
  787  construction of educational facilities while ensuring student
  788  safety. OPPAGA must provide the results of the study, and an
  789  overall recommendation as to whether SREF should be retained, to
  790  the Governor, the President of the Senate, and the Speaker of
  791  the House of Representatives no later than January 31, 2017.
  792         4. Effective July 1, 2017, in addition to the funding
  793  sources listed in subparagraph 1., a district school board may
  794  not use funds from any sources for new construction of
  795  educational plant space with a total cost per student station,
  796  including change orders, which equals more than the current
  797  adjusted amounts provided in sub-subparagraphs 1.a.-c. which
  798  shall subsequently be adjusted annually to reflect increases or
  799  decreases in the Consumer Price Index.
  800         5.2. A district school board must not use funds from the
  801  Public Education Capital Outlay and Debt Service Trust Fund or
  802  the School District and Community College District Capital
  803  Outlay and Debt Service Trust Fund for any new construction of
  804  an ancillary plant that exceeds 70 percent of the average cost
  805  per square foot of new construction for all schools.
  806         (c) Except as otherwise provided, new construction
  807  initiated by a district school board on or after July 1, 2017,
  808  may after June 30, 1997, must not exceed the cost per student
  809  station as provided in paragraph (b). A school district that
  810  exceeds the cost per student station provided in paragraph (b),
  811  as determined by the Auditor General, shall be subject to
  812  sanctions. If the Auditor General determines that the cost per
  813  student station overage is de minimus or due to extraordinary
  814  circumstances outside the control of the district, the sanctions
  815  shall not apply. The sanctions are as follows:
  816         1. The school district shall be ineligible for allocations
  817  from the Public Education Capital Outlay and Debt Service Trust
  818  Fund for the next 3 years in which the school district would
  819  have received allocations had the violation not occurred.
  820         2. The school district shall be subject to the supervision
  821  of a district capital outlay oversight committee. The oversight
  822  committee is authorized to approve all capital outlay
  823  expenditures of the school district, including new construction,
  824  renovations, and remodeling, for 3 fiscal years following the
  825  violation.
  826         a. Each oversight committee shall be composed of the
  827  following:
  828         (I) One appointee of the Commissioner of Education who has
  829  significant financial management, school facilities
  830  construction, or related experience.
  831         (II) One appointee of the office of the state attorney with
  832  jurisdiction over the district.
  833         (III) One appointee of the Chief Financial Officer who is a
  834  licensed certified public accountant.
  835         b. An appointee to the oversight committee may not be
  836  employed by the school district; be a relative, as defined in s.
  837  1002.33(24)(a)2., of any school district employee; or be an
  838  elected official. Each appointee must sign an affidavit
  839  attesting to these conditions and affirming that no conflict of
  840  interest exists in his or her oversight role.
  841         (d) The department shall:
  842         1. Compute for each calendar year the statewide average
  843  construction costs for facilities serving each instructional
  844  level, for relocatable educational facilities, for
  845  administrative facilities, and for other ancillary and auxiliary
  846  facilities. The department shall compute the statewide average
  847  costs per student station for each instructional level.
  848         2. Annually review the actual completed construction costs
  849  of educational facilities in each school district. For any
  850  school district in which the total actual cost per student
  851  station, including change orders, exceeds the statewide limits
  852  established in paragraph (b), the school district shall report
  853  to the department the actual cost per student station and the
  854  reason for the school district’s inability to adhere to the
  855  limits established in paragraph (b). The department shall
  856  collect all such reports and shall provide these reports to the
  857  Auditor General for verification purposes report to the
  858  Governor, the President of the Senate, and the Speaker of the
  859  House of Representatives by December 31 of each year a summary
  860  of each school district’s spending in excess of the cost per
  861  student station provided in paragraph (b) as reported by the
  862  school districts.
  863  
  864  Cost per student station includes contract costs, legal and
  865  administrative costs, fees of architects and engineers,
  866  furniture and equipment, and site improvement costs. Cost per
  867  student station does not include the cost of purchasing or
  868  leasing the site for the construction or the cost of related
  869  offsite improvements.
  870         (e) The restrictions of this subsection on the cost per
  871  student station of new construction do not apply to a project
  872  funded entirely from proceeds received by districts through
  873  provisions of ss. 212.055 and 1011.73 and s. 9, Art. VII of the
  874  State Constitution, if the school board approves the project by
  875  majority vote.
  876  
  877  ================= T I T L E  A M E N D M E N T ================
  878  And the title is amended as follows:
  879         Delete line 2658
  880  and insert:
  881         exemption from certain administrative fees; conforming
  882         cross-references; creating s. 1001.66, F.S.; creating
  883         a Florida College System Performance-Based Incentive
  884         for Florida College System institutions; requiring the
  885         State Board of Education to adopt certain metrics and
  886         benchmarks; providing for funding and allocation of
  887         the incentives; authorizing the state board to
  888         withhold an institution’s incentive under certain
  889         circumstances; requiring the Commissioner of Education
  890         to withhold certain disbursements under certain
  891         circumstances; providing for reporting and rulemaking;
  892         amending s. 1001.92, F.S.; requiring performance-based
  893         metrics to include specified wage thresholds;
  894         requiring the board to establish minimum performance
  895         funding eligibility thresholds; prohibiting a state
  896         university that fails to meet the state’s threshold
  897         from eligibility for a share of the state’s investment
  898         performance funding; requiring the board to adopt
  899         regulations; deleting an expiration; amending s.
  900         1003.4282, F.S.; revising the online course
  901         requirement; authorizing a district school board or a
  902         charter school governing board to offer certain
  903         additional options to meet the requirement; amending
  904         s. 1011.62, F.S.; creating a federally connected
  905         student supplement for school districts; specifying
  906         eligibility requirements and calculations for
  907         allocations of the supplement; amending s. 1013.62,
  908         F.S.; deleting provisions relating to priorities for
  909         charter school capital outlay funding; deleting
  910         provisions relating to a charter school’s allocation;
  911         providing that a charter school is not eligible for
  912         funding unless it meets certain requirements; defining
  913         the term “affiliated party of the charter school”;
  914         revising the funding allocation calculation; requiring
  915         the Department of Education to calculate and
  916         periodically recalculate, as necessary, the eligible
  917         charter school funding allocations; deleting
  918         provisions relating to certain duties of the
  919         Commissioner of Education; amending s. 1013.64, F.S.;
  920         providing that a school district may not receive funds
  921         from the Special Facility Construction Account under
  922         certain circumstances; revising the criteria for a
  923         request for funding; authorizing the request for a
  924         preapplication review to take place at any time;
  925         providing exceptions; revising the timeframe for
  926         completion of the review; providing that certain
  927         capital outlay full-time equivalent student enrollment
  928         estimates be determined by specified estimating
  929         conferences; requiring surveys to be cooperatively
  930         prepared by certain entities and approved by the
  931         Department of Education; prohibiting certain
  932         consultants from specified employment and
  933         compensation; providing an exception to prohibiting
  934         the cost per student station from exceeding a certain
  935         amount; requiring a school district to levy the
  936         maximum millage against certain property value under
  937         certain circumstances; reducing the required millage
  938         to be budgeted for a project; requiring certain plans
  939         to be finalized by a specified date; requiring a
  940         representative of the department to chair the Special
  941         Facility Construction Committee; requiring school
  942         districts to maintain accurate documentation related
  943         to specified costs; requiring the Auditor General to
  944         review such documentation; providing that the
  945         department makes final determinations on compliance;
  946         requiring the Office of Program Policy Analysis and
  947         Government Accountability to conduct a study, in
  948         consultation with the department, on cost per student
  949         station amounts and on the State Requirements for
  950         Education Facilities; requiring reports to the
  951         Governor and the Legislature by a specified date;
  952         prohibiting a district school board from using funds
  953         for specified purposes for certain projects; providing
  954         sanctions for school districts that exceed certain
  955         costs; providing for the creation of a district
  956         capital outlay oversight committee; providing for
  957         membership of the oversight committee; requiring the
  958         department to provide certain reports to the Auditor
  959         General; deleting a provision relating to
  960         applicability of certain restrictions on the cost per
  961         student station of new construction; amending