HB 0015 2003
1	A bill to be entitled
2	An act relating to funding for school districts; amending
3	s. 1011.62, F.S.; deleting the determination of district
4	cost differentials for purpose of allocation of funds to
5	school districts for operation of schools; correcting
6	cross references; amending s. 1011.68, F.S.; deleting use
7	of the Florida Price Level Index for purpose of allocation
8	of funds to school districts for student transportation;
9	amending ss. 110.1228, 213.053, 402.22, 1002.38, 1002.39,
10	1004.75, 1010.20, 1011.02, 1011.71, 1012.44, and 1012.64,
11	F.S.; conforming language and correcting cross references;
12	providing an effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1. Section 1011.62, Florida Statutes, is amended
17	to read:
18	1011.62 Funds for operation of schools.--If the annual
19	allocation from the Florida Education Finance Program to each
20	district for operation of schools is not determined in the
21	annual appropriations act or the substantive bill implementing
22	the annual appropriations act, it shall be determined as
23	follows:
24	(1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
25	OPERATION.--The following procedure shall be followed in
26	determining the annual allocation to each district for
27	operation:
28	(a) Determination of full-time equivalent
29	membership.--During each of several school weeks, including
30	scheduled intersessions of a year-round school program during
31	the fiscal year, a program membership survey of each school
32	shall be made by each district by aggregating the full-time
33	equivalent student membership of each program by school and by
34	district. The department shall establish the number and interval
35	of membership calculations, except that for basic and special
36	programs such calculations shall not exceed nine for any fiscal
37	year. The district's full-time equivalent membership shall be
38	computed and currently maintained in accordance with regulations
39	of the commissioner.
40	(b) Determination of base student allocation.--The base
41	student allocation for the Florida Education Finance Program for
42	kindergarten through grade 12 shall be determined annually by
43	the Legislature and shall be that amount prescribed in the
44	current year's General Appropriations Act.
45	(c) Determination of programs.--Cost factors based on
46	desired relative cost differences between the following programs
47	shall be established in the annual General Appropriations Act.
48	The Commissioner of Education shall specify a matrix of services
49	and intensity levels to be used by districts in the
50	determination of the two weighted cost factors for exceptional
51	students with the highest levels of need. For these students,
52	the funding support level shall fund the exceptional students'
53	education program, with the exception of extended school year
54	services for students with disabilities.
55	1. Basic programs.--
56	a. Kindergarten and grades 1, 2, and 3.
57	b. Grades 4, 5, 6, 7, and 8.
58	c. Grades 9, 10, 11, and 12.
59	2. Programs for exceptional students.--
60	a. Support Level IV.
61	b. Support Level V.
62	3. Secondary career and technical education programs.--
63	4. English for Speakers of Other Languages.--
64	(d) Annual allocation calculation.--
65	1. The Department of Education is authorized and directed
66	to review all district programs and enrollment projections and
67	calculate a maximum total weighted full-time equivalent student
68	enrollment for each district for the K-12 FEFP.
69	2. Maximum enrollments calculated by the department shall
70	be derived from enrollment estimates used by the Legislature to
71	calculate the FEFP. If two or more districts enter into an
72	agreement under the provisions of s. 1001.42(4)(d), after the
73	final enrollment estimate is agreed upon, the amount of FTE
74	specified in the agreement, not to exceed the estimate for the
75	specific program as identified in paragraph (c), may be
76	transferred from the participating districts to the district
77	providing the program.
78	3. As part of its calculation of each district's maximum
79	total weighted full-time equivalent student enrollment, the
80	department shall establish separate enrollment ceilings for each
81	of two program groups. Group 1 shall be composed of basic
82	programs for grades K-3, grades 4-8, and grades 9-12. Group 2
83	shall be composed of students in exceptional student education
84	programs, English for Speakers of Other Languages programs, and
85	all career and technical programs in grades 7-12.
86	a. The weighted enrollment ceiling for group 2 programs
87	shall be calculated by multiplying the final enrollment
88	conference estimate for each program by the appropriate program
89	weight. The weighted enrollment ceiling for program group 2
90	shall be the sum of the weighted enrollment ceilings for each
91	program in the program group, plus the increase in weighted
92	full-time equivalent student membership from the prior year for
93	clients of the Department of Children and Family Services and
94	the Department of Juvenile Justice.
95	b. If, for any calculation of the FEFP, the weighted
96	enrollment for program group 2, derived by multiplying actual
97	enrollments by appropriate program weights, exceeds the
98	enrollment ceiling for that group, the following procedure shall
99	be followed to reduce the weighted enrollment for that group to
100	equal the enrollment ceiling:
101	(I) The weighted enrollment ceiling for each program in
102	the program group shall be subtracted from the weighted
103	enrollment for that program derived from actual enrollments.
104	(II) If the difference calculated under sub-sub-
105	subparagraph (I) is greater than zero for any program, a
106	reduction proportion shall be computed for the program by
107	dividing the absolute value of the difference by the total
108	amount by which the weighted enrollment for the program group
109	exceeds the weighted enrollment ceiling for the program group.
110	(III) The reduction proportion calculated under sub-sub-
111	subparagraph (II) shall be multiplied by the total amount of the
112	program group's enrollment over the ceiling as calculated under
113	sub-sub-subparagraph (I).
114	(IV) The prorated reduction amount calculated under sub-
115	sub-subparagraph (III) shall be subtracted from the program's
116	weighted enrollment. For any calculation of the FEFP, the
117	enrollment ceiling for group 1 shall be calculated by
118	multiplying the actual enrollment for each program in the
119	program group by its appropriate program weight.
120	c. For program group 2, the weighted enrollment ceiling
121	shall be a number not less than the sum obtained by:
122	(I) Multiplying the sum of reported FTE for all programs
123	in the program group that have a cost factor of 1.0 or more by
124	1.0, and
125	(II) By adding this number to the sum obtained by
126	multiplying the projected FTE for all programs with a cost
127	factor less than 1.0 by the actual cost factor.
128	4. Following completion of the weighted enrollment ceiling
129	calculation as provided in subparagraph 3., a supplemental
130	capping calculation shall be employed for those districts that
131	are over their weighted enrollment ceiling. For each such
132	district, the total reported unweighted FTE enrollment for group
133	2 programs shall be compared with the total appropriated
134	unweighted FTE enrollment for group 2 programs. If the total
135	reported unweighted FTE for group 2 is greater than the
136	appropriated unweighted FTE, then the excess unweighted FTE up
137	to the unweighted FTE transferred from group 2 to group 1 for
138	each district by the Public School FTE Estimating Conference
139	shall be funded at a weight of 1.0 and added to the funded
140	weighted FTE computed in subparagraph 3.
141	(e) Funding model for exceptional student education
142	programs.--
143	1.a. The funding model uses basic, at-risk, support levels
144	IV and V for exceptional students and career and technical
145	Florida Education Finance Program cost factors, and a guaranteed
146	allocation for exceptional student education programs.
147	Exceptional education cost factors are determined by using a
148	matrix of services to document the services that each
149	exceptional student will receive. The nature and intensity of
150	the services indicated on the matrix shall be consistent with
151	the services described in each exceptional student's individual
152	educational plan.
153	b. In order to generate funds using one of the two
154	weighted cost factors, a matrix of services must be completed at
155	the time of the student's initial placement into an exceptional
156	student education program and at least once every 3 years by
157	personnel who have received approved training. Nothing listed in
158	the matrix shall be construed as limiting the services a school
159	district must provide in order to ensure that exceptional
160	students are provided a free, appropriate public education.
161	c. Students identified as exceptional, in accordance with
162	chapter 6A-6, Florida Administrative Code, who do not have a
163	matrix of services as specified in sub-subparagraph b. shall
164	generate funds on the basis of full-time-equivalent student
165	membership in the Florida Education Finance Program at the same
166	funding level per student as provided for basic students.
167	Additional funds for these exceptional students will be provided
168	through the guaranteed allocation designated in subparagraph 2.
169	2. For students identified as exceptional who do not have
170	a matrix of services, there is created a guaranteed allocation
171	to provide these students with a free appropriate public
172	education, in accordance with s. 1001.42(4)(m) and rules of the
173	State Board of Education, which shall be allocated annually to
174	each school district in the amount provided in the General
175	Appropriations Act. These funds shall be in addition to the
176	funds appropriated on the basis of FTE student membership in the
177	Florida Education Finance Program, and the amount allocated for
178	each school district shall not be recalculated during the year.
179	These funds shall be used to provide special education and
180	related services for exceptional students.
181	(f) Supplemental academic instruction; categorical fund.--
182	1. There is created a categorical fund to provide
183	supplemental academic instruction to students in kindergarten
184	through grade 12. This paragraph may be cited as the
185	"Supplemental Academic Instruction Categorical Fund."
186	2. Categorical funds for supplemental academic instruction
187	shall be allocated annually to each school district in the
188	amount provided in the General Appropriations Act. These funds
189	shall be in addition to the funds appropriated on the basis of
190	FTE student membership in the Florida Education Finance Program
191	and shall be included in the total potential funds of each
192	district. These funds shall be used to provide supplemental
193	academic instruction to students enrolled in the K-12 program.
194	Supplemental instruction strategies may include, but are not
195	limited to: modified curriculum, reading instruction, after-
196	school instruction, tutoring, mentoring, class size reduction,
197	extended school year, intensive skills development in summer
198	school, and other methods for improving student achievement.
199	Supplemental instruction may be provided to a student in any
200	manner and at any time during or beyond the regular 180-day term
201	identified by the school as being the most effective and
202	efficient way to best help that student progress from grade to
203	grade and to graduate.
204	3. Effective with the 1999-2000 fiscal year, funding on
205	the basis of FTE membership beyond the 180-day regular term
206	shall be provided in the FEFP only for students enrolled in
207	juvenile justice education programs. Funding for instruction
208	beyond the regular 180-day school year for all other K-12
209	students shall be provided through the supplemental academic
210	instruction categorical fund and other state, federal, and local
211	fund sources with ample flexibility for schools to provide
212	supplemental instruction to assist students in progressing from
213	grade to grade and graduating.
214	4. The Florida State University School, as a developmental
215	research school, is authorized to expend from its FEFP or
216	Lottery Enhancement Trust Fund allocation the cost to the
217	student of remediation in reading, writing, or mathematics for
218	any graduate who requires remediation at a postsecondary
219	educational institution.
220	5. Beginning in the 1999-2000 school year, dropout
221	prevention programs as defined in ss. 1003.52, 1003.53(1)(a),
222	(b), and (c), and 1003.54 shall be included in group 1 programs
223	under subparagraph (d)3.
224	(g) Education for speakers of other languages.--A school
225	district shall be eligible to report full-time equivalent
226	student membership in the ESOL program in the Florida Education
227	Finance Program provided the following conditions are met:
228	1. The school district has a plan approved by the
229	Department of Education.
230	2. The eligible student is identified and assessed as
231	limited English proficient based on assessment criteria.
232	3.a. An eligible student may be reported for funding in
233	the ESOL program for a base period of 3 years. However, a
234	student whose English competency does not meet the criteria for
235	proficiency after 3 years in the ESOL program may be reported
236	for a fourth, fifth, and sixth year of funding, provided his or
237	her limited English proficiency is assessed and properly
238	documented prior to his or her enrollment in each additional
239	year beyond the 3-year base period.
240	b. If a student exits the program and is later
241	reclassified as limited English proficient, the student may be
242	reported in the ESOL program for funding for an additional year,
243	or extended annually for a period not to exceed a total of 6
244	years pursuant to this paragraph, based on an annual evaluation
245	of the student's status.
246	4. An eligible student may be reported for funding in the
247	ESOL program for membership in ESOL instruction in English and
248	ESOL instruction or home language instruction in the basic
249	subject areas of mathematics, science, social studies, and
250	computer literacy.
251	(h) Small, isolated high schools.--Districts which levy
252	the maximum nonvoted discretionary millage, exclusive of millage
253	for capital outlay purposes levied pursuant to s. 1011.71(2),
254	may calculate full-time equivalent students for small, isolated
255	high schools by multiplying the number of unweighted full-time
256	equivalent students times 2.75; provided the percentage of
257	students at such school passing both parts of the high school
258	competency test, as defined by law and rule, has been equal to
259	or higher than such percentage for the state or district,
260	whichever is greater. For the purpose of this section, the term
261	"small, isolated high school" means any high school which is
262	located no less than 28 miles by the shortest route from another
263	high school; which has been serving students primarily in basic
264	studies provided by sub-subparagraphs (c)1.b. and c. and may
265	include subparagraph (c)4.; and which has a membership of no
266	more than 100 students, but no fewer than 28 students, in grades
267	9 through 12.
268	(i) Calculation of full-time equivalent membership with
269	respect to instruction from community colleges or state
270	universities.--Students enrolled in community college or
271	university dual enrollment instruction pursuant to s. 1007.271
272	may be included in calculations of full-time equivalent student
273	memberships for basic programs for grades 9 through 12 by a
274	district school board. Such students may also be calculated as
275	the proportional shares of full-time equivalent enrollments they
276	generate for the community college or university conducting the
277	dual enrollment instruction. Early admission students shall be
278	considered dual enrollments for funding purposes. Students may
279	be enrolled in dual enrollment instruction provided by an
280	eligible independent college or university and may be included
281	in calculations of full-time equivalent student memberships for
282	basic programs for grades 9 through 12 by a district school
283	board. However, those provisions of law which exempt dual
284	enrolled and early admission students from payment of
285	instructional materials and tuition and fees, including
286	laboratory fees, shall not apply to students who select the
287	option of enrolling in an eligible independent institution. An
288	independent college or university which is located and chartered
289	in Florida, is not for profit, is accredited by the Commission
290	on Colleges of the Southern Association of Colleges and Schools
291	or the Accrediting Commission of the Association of Independent
292	Colleges and Schools, and which confers degrees as defined in s.
293	1005.02 shall be eligible for inclusion in the dual enrollment
294	or early admission program. Students enrolled in dual enrollment
295	instruction shall be exempt from the payment of tuition and
296	fees, including laboratory fees. No student enrolled in college
297	credit mathematics or English dual enrollment instruction shall
298	be funded as a dual enrollment unless the student has
299	successfully completed the relevant section of the entry-level
300	examination required pursuant to s. 1008.30.
301	(j) Coenrollment.--If a high school student wishes to earn
302	high school credits from a community college and enrolls in one
303	or more adult secondary education courses at the community
304	college, the community college shall be reimbursed for the costs
305	incurred because of the high school student's coenrollment as
306	provided in the General Appropriations Act.
307	(k) Instruction in exploratory career education.--Students
308	in grades 7 through 12 who are enrolled for more than four
309	semesters in exploratory career education may not be counted as
310	full-time equivalent students for this instruction.
311	(l) Calculation of additional full-time equivalent
312	membership based on international baccalaureate examination
313	scores of students.--A value of 0.24 full-time equivalent
314	student membership shall be calculated for each student enrolled
315	in an international baccalaureate course who receives a score of
316	4 or higher on a subject examination. A value of 0.3 full-time
317	equivalent student membership shall be calculated for each
318	student who receives an international baccalaureate diploma.
319	Such value shall be added to the total full-time equivalent
320	student membership in basic programs for grades 9 through 12 in
321	the subsequent fiscal year. The school district shall distribute
322	to each classroom teacher who provided international
323	baccalaureate instruction:
324	1. A bonus in the amount of $50 for each student taught by
325	the International Baccalaureate teacher in each international
326	baccalaureate course who receives a score of 4 or higher on the
327	international baccalaureate examination.
328	2. An additional bonus of $500 to each International
329	Baccalaureate teacher in a school designated performance grade
330	category "D" or "F" who has at least one student scoring 4 or
331	higher on the international baccalaureate examination,
332	regardless of the number of classes taught or of the number of
333	students scoring a 4 or higher on the international
334	baccalaureate examination.
335
336	Bonuses awarded to a teacher according to this paragraph shall
337	not exceed $2,000 in any given school year and shall be in
338	addition to any regular wage or other bonus the teacher received
339	or is scheduled to receive.
340	(m) Calculation of additional full-time equivalent
341	membership based on Advanced International Certificate of
342	Education examination scores of students.--A value of 0.24 full-
343	time equivalent student membership shall be calculated for each
344	student enrolled in a full-credit Advanced International
345	Certificate of Education course who receives a score of 2 or
346	higher on a subject examination. A value of 0.12 full-time
347	equivalent student membership shall be calculated for each
348	student enrolled in a half-credit Advanced International
349	Certificate of Education course who receives a score of 1 or
350	higher on a subject examination. A value of 0.3 full-time
351	equivalent student membership shall be calculated for each
352	student who received an Advanced International Certificate of
353	Education diploma. Such value shall be added to the total full-
354	time equivalent student membership in basic programs for grades
355	9 through 12 in the subsequent fiscal year. The school district
356	shall distribute to each classroom teacher who provided Advanced
357	International Certificate of Education instruction:
358	1. A bonus in the amount of $50 for each student taught by
359	the Advanced International Certificate of Education teacher in
360	each full-credit Advanced International Certificate of Education
361	course who receives a score of 2 or higher on the Advanced
362	International Certificate of Education examination. A bonus in
363	the amount of $25 for each student taught by the Advanced
364	International Certificate of Education teacher in each half-
365	credit Advanced International Certificate of Education course
366	who receives a score of 1 or higher on the Advanced
367	International Certificate of Education examination.
368	2. An additional bonus of $500 to each Advanced
369	International Certificate of Education teacher in a school
370	designated performance grade category "D" or "F" who has at
371	least one student scoring 2 or higher on the full-credit
372	Advanced International Certificate of Education examination,
373	regardless of the number of classes taught or of the number of
374	students scoring a 2 or higher on the full-credit Advanced
375	International Certificate of Education examination.
376	3. Additional bonuses of $250 each to teachers of half-
377	credit Advanced International Certificate of Education classes
378	in a school designated performance grade category "D" or "F"
379	which has at least one student scoring a 1 or higher on the
380	half-credit Advanced International Certificate of Education
381	examination in that class. The maximum additional bonus for a
382	teacher awarded in accordance with this subparagraph shall not
383	exceed $500 in any given school year. Teachers receiving an
384	award under subparagraph 2. are not eligible for a bonus under
385	this subparagraph.
386
387	Bonuses awarded to a teacher according to this paragraph shall
388	not exceed $2,000 in any given school year and shall be in
389	addition to any regular wage or other bonus the teacher received
390	or is scheduled to receive.
391	(n) Calculation of additional full-time equivalent
392	membership based on college board advanced placement scores of
393	students.--A value of 0.24 full-time equivalent student
394	membership shall be calculated for each student in each advanced
395	placement course who receives a score of 3 or higher on the
396	College Board Advanced Placement Examination for the prior year
397	and added to the total full-time equivalent student membership
398	in basic programs for grades 9 through 12 in the subsequent
399	fiscal year. Each district must allocate at least 80 percent of
400	the funds provided to the district for advanced placement
401	instruction, in accordance with this paragraph, to the high
402	school that generates the funds. The school district shall
403	distribute to each classroom teacher who provided advanced
404	placement instruction:
405	1. A bonus in the amount of $50 for each student taught by
406	the Advanced Placement teacher in each advanced placement course
407	who receives a score of 3 or higher on the College Board
408	Advanced Placement Examination.
409	2. An additional bonus of $500 to each Advanced Placement
410	teacher in a school designated performance grade category "D" or
411	"F" who has at least one student scoring 3 or higher on the
412	College Board Advanced Placement Examination, regardless of the
413	number of classes taught or of the number of students scoring a
414	3 or higher on the College Board Advanced Placement Examination.
415
416	Bonuses awarded to a teacher according to this paragraph shall
417	not exceed $2,000 in any given school year and shall be in
418	addition to any regular wage or other bonus the teacher received
419	or is scheduled to receive.
420	(o) Year-round-school programs.--The Commissioner of
421	Education is authorized to adjust student eligibility
422	definitions, funding criteria, and reporting requirements of
423	statutes and rules in order that year-round-school programs may
424	achieve equivalent application of funding requirements with non-
425	year-round-school programs.
426	(p) Extended-school-year program.--It is the intent of the
427	Legislature that students be provided additional instruction by
428	extending the school year to 210 days or more. Districts may
429	apply to the Commissioner of Education for funds to be used in
430	planning and implementing an extended-school-year program. The
431	Department of Education shall recommend to the Legislature the
432	policies necessary for full implementation of an extended school
433	year.
434	(q) Determination of the basic amount for current
435	operation.--The basic amount for current operation to be
436	included in the Florida Education Finance Program for
437	kindergarten through grade 12 for each district shall be the
438	product of the following:
439	1. The full-time equivalent student membership in each
440	program, multiplied by
441	2. The cost factor for each program, adjusted for the
442	maximum as provided by paragraph (c), multiplied by
443	3. The base student allocation.
444	(r) Computation for funding through the Florida Education
445	Finance Program.--The State Board of Education may adopt rules
446	establishing programs and courses for which the student may earn
447	credit toward high school graduation.
448	(2) DETERMINATION OF DISTRICT COST DIFFERENTIALS.--The
449	Commissioner of Education shall annually compute for each
450	district the current year's district cost differential. The
451	district cost differential shall be calculated by adding each
452	district's price level index as published in the Florida Price
453	Level Index for the most recent 3 years and dividing the
454	resulting sum by 3. The result for each district shall be
455	multiplied by 0.008 and to the resulting product shall be added
456	0.200; the sum thus obtained shall be the cost differential for
457	that district for that year.
458	(2)(3)INSERVICE EDUCATIONAL PERSONNEL TRAINING
459	EXPENDITURE.--Of the amount computed insubsectionsubsections
460	(1)and (2), a percentage of the base student allocation per
461	full-time equivalent student or other funds shall be expended
462	for educational training programs as determined by the district
463	school board as provided in s. 1012.98.
464	(3)(4)COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.--The
465	Legislature shall prescribe the aggregate required local effort
466	for all school districts collectively as an item in the General
467	Appropriations Act for each fiscal year. The amount that each
468	district shall provide annually toward the cost of the Florida
469	Education Finance Program for kindergarten through grade 12
470	programs shall be calculated as follows:
471	(a) Estimated taxable value calculations.--
472	1.a. Not later than 2 working days prior to July 19, the
473	Department of Revenue shall certify to the Commissioner of
474	Education its most recent estimate of the taxable value for
475	school purposes in each school district and the total for all
476	school districts in the state for the current calendar year
477	based on the latest available data obtained from the local
478	property appraisers. Not later than July 19, the Commissioner of
479	Education shall compute a millage rate, rounded to the next
480	highest one one-thousandth of a mill, which, when applied to 95
481	percent of the estimated state total taxable value for school
482	purposes, would generate the prescribed aggregate required local
483	effort for that year for all districts. The Commissioner of
484	Education shall certify to each district school board the
485	millage rate, computed as prescribed in this subparagraph, as
486	the minimum millage rate necessary to provide the district
487	required local effort for that year.
488	b. The General Appropriations Act shall direct the
489	computation of the statewide adjusted aggregate amount for
490	required local effort for all school districts collectively from
491	ad valorem taxes to ensure that no school district's revenue
492	from required local effort millage will produce more than 90
493	percent of the district's total Florida Education Finance
494	Program calculation, and the adjustment of the required local
495	effort millage rate of each district that produces more than 90
496	percent of its total Florida Education Finance Program
497	entitlement to a level that will produce only 90 percent of its
498	total Florida Education Finance Program entitlement in the July
499	calculation.
500	2. As revised data are received from property appraisers,
501	the Department of Revenue shall amend the certification of the
502	estimate of the taxable value for school purposes. The
503	Commissioner of Education, in administering the provisions of
504	subparagraph(8)(9)(a)2., shall use the most recent taxable
505	value for the appropriate year.
506	(b) Final calculation.--
507	1. The Department of Revenue shall, upon receipt of the
508	official final assessed value of property from each of the
509	property appraisers, certify to the Commissioner of Education
510	the taxable value total for school purposes in each school
511	district, subject to the provisions of paragraph (d). The
512	commissioner shall use the official final taxable value for
513	school purposes for each school district in the final
514	calculation of the annual Florida Education Finance Program
515	allocations.
516	2. For the purposes of this paragraph, the official final
517	taxable value for school purposes shall be the taxable value for
518	school purposes on which the tax bills are computed and mailed
519	to the taxpayers, adjusted to reflect final administrative
520	actions of value adjustment boards and judicial decisions
521	pursuant to part I of chapter 194. By September 1 of each year,
522	the Department of Revenue shall certify to the commissioner the
523	official prior year final taxable value for school purposes. For
524	each county that has not submitted a revised tax roll reflecting
525	final value adjustment board actions and final judicial
526	decisions, the Department of Revenue shall certify the most
527	recent revision of the official taxable value for school
528	purposes. The certified value shall be the final taxable value
529	for school purposes, and no further adjustments shall be made,
530	except those made pursuant to subparagraph(8)(9)(a)2.
531	(c) Equalization of required local effort.--
532	1. The Department of Revenue shall include with its
533	certifications provided pursuant to paragraph (a) its most
534	recent determination of the assessment level of the prior year's
535	assessment roll for each county and for the state as a whole.
536	2. The Commissioner of Education shall adjust the required
537	local effort millage of each district for the current year,
538	computed pursuant to paragraph (a), as follows:
539	a. The equalization factor for the prior year's assessment
540	roll of each district shall be multiplied by 95 percent of the
541	taxable value for school purposes shown on that roll and by the
542	prior year's required local-effort millage, exclusive of any
543	equalization adjustment made pursuant to this paragraph. The
544	dollar amount so computed shall be the additional required local
545	effort for equalization for the current year.
546	b. Such equalization factor shall be computed as the
547	quotient of the prior year's assessment level of the state as a
548	whole divided by the prior year's assessment level of the
549	county, from which quotient shall be subtracted 1.
550	c. The dollar amount of additional required local effort
551	for equalization for each district shall be converted to a
552	millage rate, based on 95 percent of the current year's taxable
553	value for that district, and added to the required local effort
554	millage determined pursuant to paragraph (a).
555	3. Notwithstanding the limitations imposed pursuant to s.
556	1011.71(1), the total required local-effort millage, including
557	additional required local effort for equalization, shall be an
558	amount not to exceed 10 minus the maximum millage allowed as
559	nonvoted discretionary millage, exclusive of millage authorized
560	pursuant to s. 1011.71(2). Nothing herein shall be construed to
561	allow a millage in excess of that authorized in s. 9, Art. VII
562	of the State Constitution.
563	4. For the purposes of this chapter, the term "assessment
564	level" means the value-weighted mean assessment ratio for the
565	county or state as a whole, as determined pursuant to s.
566	195.096, or as subsequently adjusted. In the event a court has
567	adjudicated that the department failed to establish an accurate
568	estimate of an assessment level of a county and recomputation
569	resulting in an accurate estimate based upon the evidence before
570	the court was not possible, that county shall be presumed to
571	have an assessment level equal to that of the state as a whole.
572	5. If, in the prior year, taxes were levied against an
573	interim assessment roll pursuant to s. 193.1145, the assessment
574	level and prior year's nonexempt assessed valuation used for the
575	purposes of this paragraph shall be those of the interim
576	assessment roll.
577	(d) Exclusion.--
578	1. In those instances in which:
579	a. There is litigation either attacking the authority of
580	the property appraiser to include certain property on the tax
581	assessment roll as taxable property or contesting the assessed
582	value of certain property on the tax assessment roll, and
583	b. The assessed value of the property in contest involves
584	more than 6 percent of the total nonexempt assessment roll, the
585	plaintiff shall provide to the district school board of the
586	county in which the property is located and to the Department of
587	Education a certified copy of the petition and receipt for the
588	good faith payment at the time they are filed with the court.
589	2. For purposes of computing the required local effort for
590	each district affected by such petition, the Department of
591	Education shall exclude from the district's total nonexempt
592	assessment roll the assessed value of the property in contest
593	and shall add the amount of the good faith payment to the
594	district's required local effort.
595	(e) Recomputation.--Following final adjudication of any
596	litigation on the basis of which an adjustment in taxable value
597	was made pursuant to paragraph (d), the department shall
598	recompute the required local effort for each district for each
599	year affected by such adjustments, utilizing taxable values
600	approved by the court, and shall adjust subsequent allocations
601	to such districts accordingly.
602	(4)(5)CATEGORICAL FUNDS.--
603	(a) In addition to the basic amount for current operations
604	for the FEFP as determined in subsection (1), the Legislature
605	may appropriate categorical funding for specified programs,
606	activities, or purposes.
607	(b) For fiscal year 2002-2003, if a district school board
608	finds and declares in a resolution adopted at a regular meeting
609	of the school board that the funds received for any of the
610	following categorical appropriations are urgently needed to
611	maintain school board specified academic classroom instruction,
612	the school board may consider and approve an amendment to the
613	school district operating budget transferring the identified
614	amount of the categorical funds to the appropriate account for
615	expenditure:
616	1. Funds for student transportation.
617	2. Funds for in-service educational personnel training.
618	3. Funds for safe schools.
619	4. Funds for public school technology.
620	5. Funds for teacher recruitment and retention.
621	6. Funds for supplemental academic instruction.
622	(c) Each district school board shall include in its annual
623	financial report to the Department of Education the amount of
624	funds the school board transferred from each of the categorical
625	funds identified in this subsection and the specific academic
626	classroom instruction for which the transferred funds were
627	expended. The Department of Education shall provide instructions
628	and specify the format to be used in submitting this required
629	information as a part of the district annual financial report.
630	(5)(6)DETERMINATION OF SPARSITY SUPPLEMENT.--
631	(a) Annually, in an amount to be determined by the
632	Legislature through the General Appropriations Act, there shall
633	be added to the basic amount for current operation of the FEFP
634	qualified districts a sparsity supplement which shall be
635	computed as follows:
636	Sparsity Factor = __1101.8918__2700 + district sparsity index - 0.1101
637	except that districts with a sparsity index of 1,000 or less
638	shall be computed as having a sparsity index of 1,000, and
639	districts having a sparsity index of 7,308 and above shall be
640	computed as having a sparsity factor of zero. A qualified
641	district's full-time equivalent student membership shall equal
642	or be less than that prescribed annually by the Legislature in
643	the appropriations act. The amount prescribed annually by the
644	Legislature shall be no less than 17,000, but no more than
645	24,000.
646	(b) The district sparsity index shall be computed by
647	dividing the total number of full-time equivalent students in
648	all programs in the district by the number of senior high school
649	centers in the district, not in excess of three, which centers
650	are approved as permanent centers by a survey made by the
651	Department of Education.
652	(c) Each district's allocation of sparsity supplement
653	funds shall be adjusted in the following manner:
654	1. A maximum discretionary levy per FTE value for each
655	district shall be calculated by dividing the value of each
656	district's maximum discretionary levy by its FTE student count;
657	2. A state average discretionary levy value per FTE shall
658	be calculated by dividing the total maximum discretionary levy
659	value for all districts by the state total FTE student count;
660	3. For districts that have a levy value per FTE as
661	calculated in subparagraph 1. higher than the state average
662	calculated in subparagraph 2., a sparsity wealth adjustment
663	shall be calculated as the product of the difference between the
664	state average levy value per FTE calculated in subparagraph 2.
665	and the district's levy value per FTE calculated in subparagraph
666	1. and the district's FTE student count and -1;
667	4. Each district's sparsity supplement allocation shall be
668	calculated by adding the amount calculated as specified in
669	paragraphs (a) and (b) and the wealth adjustment amount
670	calculated in this paragraph.
671	(6)(7)DECLINE IN FULL-TIME EQUIVALENT STUDENTS.--In those
672	districts where there is a decline between prior year and
673	current year unweighted FTE students, 50 percent of the decline
674	in the unweighted FTE students shall be multiplied by the prior
675	year calculated FEFP per unweighted FTE student and shall be
676	added to the allocation for that district. For this purpose, the
677	calculated FEFP shall be computed by multiplying the weighted
678	FTE students by the base student allocationand then by the
679	district cost differential. If a district transfers a program to
680	another institution not under the authority of the district's
681	school board, including a charter technical career center, the
682	decline is to be multiplied by a factor of 0.15.
683	(7)(8)QUALITY ASSURANCE GUARANTEE.--The Legislature may
684	annually in the General Appropriations Act determine a
685	percentage increase in funds per K-12 unweighted FTE as a
686	minimum guarantee to each school district. The guarantee shall
687	be calculated from prior year base funding per unweighted FTE
688	student which shall include the adjusted FTE dollars as provided
689	in subsection(8)(9), quality guarantee funds, and actual
690	nonvoted discretionary local effort from taxes. From the base
691	funding per unweighted FTE, the increase shall be calculated for
692	the current year. The current year funds from which the
693	guarantee shall be determined shall include the adjusted FTE
694	dollars as provided in subsection(8)(9)and potential nonvoted
695	discretionary local effort from taxes. A comparison of current
696	year funds per unweighted FTE to prior year funds per unweighted
697	FTE shall be computed. For those school districts which have
698	less than the legislatively assigned percentage increase, funds
699	shall be provided to guarantee the assigned percentage increase
700	in funds per unweighted FTE student. Should appropriated funds
701	be less than the sum of this calculated amount for all
702	districts, the commissioner shall prorate each district's
703	allocation. This provision shall be implemented to the extent
704	specifically funded.
705	(8)(9)TOTAL ALLOCATION OF STATE FUNDS TO EACH DISTRICT
706	FOR CURRENT OPERATION.--The total annual state allocation to
707	each district for current operation for the FEFP shall be
708	distributed periodically in the manner prescribed in the General
709	Appropriations Act.
710	(a) The basic amount for current operation for the FEFP as
711	determined in subsection (1),multiplied by the district cost
712	differential factor as determined in subsection (2),plus the
713	amounts provided for categorical components within the FEFP,
714	plus the amount for the sparsity supplement as determined in
715	subsection(5)(6), the decline in full-time equivalent students
716	as determined in subsection(6)(7), and the quality assurance
717	guarantee as determined in subsection(7)(8), less the required
718	local effort as determined in subsection(3)(4). If the funds
719	appropriated for the purpose of funding the total amount for
720	current operation as provided in this paragraph are not
721	sufficient to pay the state requirement in full, the department
722	shall prorate the available state funds to each district in the
723	following manner:
724	1. Determine the percentage of proration by dividing the
725	sum of the total amount for current operation, as provided in
726	this paragraph for all districts collectively, and the total
727	district required local effort into the sum of the state funds
728	available for current operation and the total district required
729	local effort.
730	2. Multiply the percentage so determined by the sum of the
731	total amount for current operation as provided in this paragraph
732	and the required local effort for each individual district.
733	3. From the product of such multiplication, subtract the
734	required local effort of each district; and the remainder shall
735	be the amount of state funds allocated to the district for
736	current operation.
737	(b) The amount thus obtained shall be the net annual
738	allocation to each school district. However, if it is determined
739	that any school district received an underallocation or
740	overallocation for any prior year because of an arithmetical
741	error, assessment roll change, full-time equivalent student
742	membership error, or any allocation error revealed in an audit
743	report, the allocation to that district shall be appropriately
744	adjusted. If the Department of Education audit adjustment
745	recommendation is based upon controverted findings of fact, the
746	Commissioner of Education is authorized to establish the amount
747	of the adjustment based on the best interests of the state.
748	(c) The amount thus obtained shall represent the net
749	annual state allocation to each district; however,
750	notwithstanding any of the provisions herein, each district
751	shall be guaranteed a minimum level of funding in the amount and
752	manner prescribed in the General Appropriations Act.
753	Section 2. Subsection (2) of section 1011.68, Florida
754	Statutes, is amended to read:
755	1011.68 Funds for student transportation.--The annual
756	allocation to each district for transportation to public school
757	programs, including charter schools as provided in s.
758	1002.33(18)(b), of students in membership in kindergarten
759	through grade 12 and in migrant and exceptional student programs
760	below kindergarten shall be determined as follows:
761	(2) The allocation for each district shall be calculated
762	annually in accordance with the following formula:
763
764	T = B + EX. The elements of this formula are defined as follows:
765	T is the total dollar allocation for transportation. B is the
766	base transportation dollar allocation prorated by an adjusted
767	student membership count. The adjusted membership count shall be
768	derived from a multiplicative index function in which the base
769	student membership is adjusted bymultiplying it by index
770	numbers that individually account for the impact of the price
771	level index,average bus occupancy,and the extent of rural
772	population in the district. EX is the base transportation dollar
773	allocation for disabled students prorated by an adjusted
774	disabled student membership count. The base transportation
775	dollar allocation for disabled students is the total state base
776	disabled student membership count weighted for increased costs
777	associated with transporting disabled students and multiplying
778	it by the prior year's average per student cost for
779	transportation. The adjusted disabled student membership count
780	shall be derived from a multiplicative index function in which
781	the weighted base disabled student membership is adjusted by
782	multiplying it by index numbers that individually account for
783	the impact of the price level index,average bus occupancy,and
784	the extent of rural population in the district. Each adjustment
785	factor shall be designed to affect the base allocation by no
786	more or less than 10 percent.
787	Section 3. Paragraph (a) of subsection (1) of section
788	110.1228, Florida Statutes, is amended to read:
789	110.1228 Participation by small counties, small
790	municipalities, and district school boards located in small
791	counties.--
792	(1) As used in this section, the term:
793	(a) "District school board" means a district school board
794	located in a small county or a district school board that
795	receives funding pursuant to s. 1011.62(5)(6).
796	Section 4. Subsection (6) of section 213.053, Florida
797	Statutes, is amended to read:
798	213.053 Confidentiality and information sharing.--
799	(6) Any information received by the Department of Revenue
800	in connection with the administration of taxes, including, but
801	not limited to, information contained in returns, reports,
802	accounts, or declarations filed by persons subject to tax, shall
803	be made available by the department to the Auditor General or
804	his or her authorized agent, the director of the Office of
805	Program Policy Analysis and Government Accountability or his or
806	her authorized agent, the Comptroller or his or her authorized
807	agent, the Insurance Commissioner or his or her authorized
808	agent, the Treasurer or his or her authorized agent, or a
809	property appraiser or tax collector or their authorized agents
810	pursuant to s. 195.084(1), in the performance of their official
811	duties, or to designated employees of the Department of
812	Education solely for determination of each school district's
813	price level index pursuant to s. 1011.62(2); however, no
814	information shall be disclosed to the Auditor General or his or
815	her authorized agent, the director of the Office of Program
816	Policy Analysis and Government Accountability or his or her
817	authorized agent, the Comptroller or his or her authorized
818	agent, the Insurance Commissioner or his or her authorized
819	agent, the Treasurer or his or her authorized agent, or to a
820	property appraiser or tax collector or their authorized agents,
821	or to designated employees of the Department of Educationif
822	such disclosure is prohibited by federal law. The Auditor
823	General or his or her authorized agent, the director of the
824	Office of Program Policy Analysis and Government Accountability
825	or his or her authorized agent, the Comptroller or his or her
826	authorized agent, the Treasurer or his or her authorized agent,
827	and the property appraiser or tax collector and their authorized
828	agents, or designated employees of the Department of Education
829	shall be subject to the same requirements of confidentiality and
830	the same penalties for violation of the requirements as the
831	department.For the purpose of this subsection, "designated
832	employees of the Department of Education" means only those
833	employees directly responsible for calculation of price level
834	indices pursuant to s. 1011.62(2). It does not include the
835	supervisors of such employees or any other employees or elected
836	officials within the Department of Education.
837	Section 5. Subsection (7) of section 402.22, Florida
838	Statutes, is amended to read:
839	402.22 Education program for students who reside in
840	residential care facilities operated by the Department of
841	Children and Family Services.--
842	(7) Notwithstanding the provisions of s. 1001.42(4)(n),
843	the educational program at the Marianna Sunland Center in
844	Jackson County shall be operated by the Department of Education,
845	either directly or through grants or contractual agreements with
846	other public educational agencies. The annual state allocation
847	to any such agency shall be computed pursuant to s. 1011.62(1),
848	(2),and(4)(5)and allocated in the amount that would have been
849	provided the local school district in which the residential
850	facility is located.
851	Section 6. Paragraph (a) of subsection (6) of section
852	1002.38, Florida Statutes, is amended to read:
853	1002.38 Opportunity Scholarship Program.--
854	(6) OPPORTUNITY SCHOLARSHIP FUNDING AND PAYMENT.--
855	(a) The maximum opportunity scholarship granted for an
856	eligible student shall be a calculated amount equivalent to the
857	base student allocation in the Florida Education Finance Program
858	multiplied by the appropriate cost factor for the educational
859	program that would have been provided for the student in the
860	district school to which he or she was assigned, multiplied by
861	the district cost differential. In addition, the calculated
862	amount shall include the per-student share of instructional
863	materials funds, technology funds, and other categorical funds
864	as provided for this purpose in the General Appropriations Act.
865	Section 7. Paragraph (a) of subsection (6) of section
866	1002.39, Florida Statutes, is amended to read:
867	1002.39 The John M. McKay Scholarships for Students with
868	Disabilities Program.--There is established a program that is
869	separate and distinct from the Opportunity Scholarship Program
870	and is named the John M. McKay Scholarships for Students with
871	Disabilities Program, pursuant to this section.
872	(6) SCHOLARSHIP FUNDING AND PAYMENT.--
873	(a)1. The maximum scholarship granted for an eligible
874	student with disabilities shall be a calculated amount
875	equivalent to the base student allocation in the Florida
876	Education Finance Program multiplied by the appropriate cost
877	factor for the educational program that would have been provided
878	for the student in the district school to which he or she was
879	assigned, multiplied by the district cost differential.
880	2. In addition, a share of the guaranteed allocation for
881	exceptional students shall be determined and added to the
882	calculated amount. The calculation shall be based on the
883	methodology and the data used to calculate the guaranteed
884	allocation for exceptional students for each district in chapter
885	2000-166, Laws of Florida. Except as provided in subparagraph
886	3., the calculation shall be based on the student's grade,
887	matrix level of services, and the difference between the 2000-
888	2001 basic program and the appropriate level of services cost
889	factor, multiplied by the 2000-2001 base student allocationand
890	the 2000-2001 district cost differentialfor the sending
891	district. Also, the calculated amount shall include the per-
892	student share of supplemental academic instruction funds,
893	instructional materials funds, technology funds, and other
894	categorical funds as provided for such purposes in the General
895	Appropriations Act.
896	3. Until the school district completes the matrix required
897	by paragraph (3)(b), the calculation shall be based on the
898	matrix that assigns the student to support level I of service as
899	it existed prior to the 2000-2001 school year. When the school
900	district completes the matrix, the amount of the payment shall
901	be adjusted as needed.
902	Section 8. Paragraph (a) of subsection (6) of section
903	1004.75, Florida Statutes, is amended to read:
904	1004.75 Training school consolidation pilot projects.--
905	(6) FUNDING.--The Department of Education shall shift
906	funds generated by students in the pilot training centers
907	established by this section, including workforce development
908	recurring and nonrecurring funds, from the appropriate school
909	district to the respective community college. The community
910	college shall qualify for future facilities funding upon
911	transfer of the facility.
912	(a) Consistent with s. 1011.62(6)(7), school districts
913	that transfer programs will receive an amount equal to 15
914	percent of the funding generated for the program under the FEFP
915	in 1996-1997.
916	Section 9. Paragraph (a) of subsection (2) and paragraph
917	(b) of subsection (3) of section 1010.20, Florida Statutes, are
918	amended to read:
919	1010.20 Cost accounting and reporting for school
920	districts.--
921	(2) COST REPORTING.--
922	(a) Each district shall report on a district-aggregate
923	basis expenditures for inservice training pursuant to s.
924	1011.62(2)(3)and for categorical programs as provided in s.
925	1011.62(4)(5).
926	(3) PROGRAM EXPENDITURE REQUIREMENTS.--
927	(b) Funds for inservice training established in s.
928	1011.62(2)(3)and for categorical programs established in s.
929	1011.62(4)(5)shall be expended for the costs of the identified
930	programs as provided by law and in accordance with the rules of
931	the State Board of Education.
932	Section 10. Subsection (3) of section 1011.02, Florida
933	Statutes, is amended to read:
934	1011.02 District school boards to adopt tentative
935	budget.--
936	(3) The proposed budget shall include an amount for local
937	required effort for current operation, in accordance with the
938	requirements of s. 1011.62(3)(4).
939	Section 11. Subsections (1) and (4) of section 1011.71,
940	Florida Statutes, are amended to read:
941	1011.71 District school tax.--
942	(1) If the district school tax is not provided in the
943	General Appropriations Act or the substantive bill implementing
944	the General Appropriations Act, each district school board
945	desiring to participate in the state allocation of funds for
946	current operation as prescribed by s. 1011.62(8)(9)shall levy
947	on the taxable value for school purposes of the district,
948	exclusive of millage voted under the provisions of s. 9(b) or s.
949	12, Art. VII of the State Constitution, a millage rate not to
950	exceed the amount certified by the commissioner as the minimum
951	millage rate necessary to provide the district required local
952	effort for the current year, pursuant to s. 1011.62(3)(4)(a)1.
953	In addition to the required local effort millage levy, each
954	district school board may levy a nonvoted current operating
955	discretionary millage. The Legislature shall prescribe annually
956	in the appropriations act the maximum amount of millage a
957	district may levy. The millage rate prescribed shall exceed zero
958	mills but shall not exceed the lesser of 1.6 mills or 25 percent
959	of the millage which is required pursuant to s. 1011.62(3)(4),
960	exclusive of millage levied pursuant to subsection (2).
961	(4) Nothing in s. 1011.62(3)(4)(a)1. shall in any way be
962	construed to increase the maximum school millage levies as
963	provided for in subsection (1).
964	Section 12. Section 1012.44, Florida Statutes, is amended
965	to read:
966	1012.44 Qualifications for certain persons providing
967	speech-language services.--The State Board of Education shall
968	adopt rules for speech-language services to school districts
969	that qualify for the sparsity supplement as described in s.
970	1011.62(5)(6). These services may be provided by baccalaureate
971	degree level persons for a period of 3 years. The rules shall
972	authorize the delivery of speech-language services by
973	baccalaureate degree level persons under the direction of a
974	certified speech-language pathologist with a master's degree or
975	higher. By October 1, 2003, these rules shall be reviewed by the
976	State Board of Education.
977	Section 13. Subsection (2) of section 1012.64, Florida
978	Statutes, is amended to read:
979	1012.64 Sabbatical leave.--
980	(2) Funds, not to exceed 25 percent, of the district's
981	allocation for inservice training under s. 1011.62(2)(3)or
982	other district funds may be expended in order to fulfill the
983	provisions of this section, provided that the district allocates
984	$5 of district funds for each $1 of state inservice training
985	funds expended under this subsection.
986	Section 14. This act shall take effect July 1, 2003.
987