HB 1891

1
A bill to be entitled
2An act relating to education funding; amending s. 287.055,
3F.S.; including regional consortium service organizations
4under provisions relating to procurement and competitive
5selection of certain professional services; amending s.
61001.451, F.S.; revising provisions for award of incentive
7grants to regional consortium service organizations;
8amending 1001.453, F.S.; revising definition of direct-
9support organization to include a regional consortium
10service organization direct-support organization;
11authorizing use of property and requiring rules; providing
12for approval of a board of directors and requiring audits;
13amending ss. 1009.50, 1009.51, 1009.52, and 1009.89, F.S.;
14authorizing funds appropriated for Florida public student
15assistance grants, Florida private student assistance
16grants, Florida postsecondary student assistance grants,
17and William L. Boyd, IV, Florida resident access grants to
18be deposited in the State Student Financial Assistance
19Trust Fund; amending ss. 1010.09 and 1010.34, F.S.;
20conforming provisions relating to direct-support
21organizations and audits thereof; amending s. 1010.72,
22F.S.; authorizing funds to be credited to the Dale Hickam
23Excellent Teaching Program Trust Fund; amending s.
241011.62, F.S., relating to funds for operation of schools;
25providing for a transition sparsity supplement under
26certain circumstances; revising provisions relating to the
27manner in which each school district's allocation of
28sparsity supplement funds shall be adjusted; amending s.
291011.765, F.S.; providing that the Florida Academic
30Improvement Trust Fund shall be utilized to provide
31matching grants to regional consortium service
32organization education foundations; amending s. 1011.94,
33F.S.; authorizing funds to be deposited in the Trust Fund
34for University Major Gifts; amending s. 1013.79, F.S.;
35authorizing the appropriation of funds to be transferred
36to the Alec P. Courtelis Capital Facilities Matching Trust
37Fund; providing an effective date.
38
39Be It Enacted by the Legislature of the State of Florida:
40
41     Section 1.  Paragraph (b) of subsection (2) of section
42287.055, Florida Statutes, is amended, and paragraph (e) is
43added to subsection (4) of said section, to read:
44     287.055  Acquisition of professional architectural,
45engineering, landscape architectural, or surveying and mapping
46services; definitions; procedures; contingent fees prohibited;
47penalties.--
48     (2)  DEFINITIONS.--For purposes of this section:
49     (b)  "Agency" means the state, a state agency, a
50municipality, a political subdivision, a school district, or a
51school board, or a regional consortium service organization
52formed under s. 1001.451. The term "agency" does not extend to a
53nongovernmental developer that contributes public facilities to
54a political subdivision under s. 380.06 or ss. 163.3220-
55163.3243.
56     (4)  COMPETITIVE SELECTION.--
57     (e)  A school district may make purchases under contracts
58procured pursuant to this section by a regional consortium
59service organization, formed under s. 1001.451, of which it is a
60member.
61     Section 2.  Paragraph (a) of subsection (2) of section
621001.451, Florida Statutes, is amended to read:
63     1001.451  Regional consortium service organizations.--In
64order to provide a full range of programs to larger numbers of
65students, minimize duplication of services, and encourage the
66development of new programs and services:
67     (2)(a)  Each regional consortium service organization that
68consists of four or more school districts is eligible to
69receive, through the Department of Education, an incentive grant
70as provided in the annual General Appropriations Act of $25,000
71per school district to be used for the delivery of services
72within the participating school districts.
73     Section 3.  Section 1001.453, Florida Statutes, is amended
74to read:
75     1001.453  Direct-support organization; use of property;
76board of directors; audit.--
77     (1)  DEFINITIONS.--For the purposes of this section, the
78term:
79     (a)  "District school board Direct-support organization"
80means a district school board direct-support organization or a
81regional consortium service organization direct-support an
82organization that:
83     1.  Is approved by the district school board or regional
84consortium service organization board of directors;
85     2.  Is a Florida corporation not for profit, incorporated
86under the provisions of chapter 617 and approved by the
87Department of State; and
88     3.  Is organized and operated exclusively to receive, hold,
89invest, and administer property and to make expenditures to or
90for the benefit of public kindergarten through 12th grade
91education and adult career and community education programs in
92this state.
93     (b)  "Personal services" includes full-time or part-time
94personnel, as well as payroll processing.
95     (c)  "Regional consortium service organization" means an
96organization formed under s. 1001.451.
97     (2)  USE OF PROPERTY.--A district school board or regional
98consortium service organization board of directors:
99     (a)  Is authorized to permit the use of property,
100facilities, and personal services of the district or regional
101consortium service organization by a direct-support
102organization, subject to the provisions of this section.
103     (b)  Shall prescribe by rule conditions with which a
104district school board direct-support organization must comply in
105order to use property, facilities, or personal services of the
106district or regional consortium service organization. Adoption
107of such rules shall be coordinated with the Department of
108Education. The rules shall provide for budget and audit review
109and oversight by the district school board or regional
110consortium service organization board of directors and the
111department.
112     (c)  Shall not permit the use of property, facilities, or
113personal services of a direct-support organization if such
114organization does not provide equal employment opportunities to
115all persons, regardless of race, color, religion, sex, age, or
116national origin.
117     (3)  BOARD OF DIRECTORS.--The board of directors of the
118district school board direct-support organization shall be
119approved by the district school board or the regional consortium
120service organization board of directors.
121     (4)  ANNUAL AUDIT.--Each direct-support organization with
122more than $100,000 in expenditures or expenses shall provide for
123an annual financial audit of its financial statements in order
124to express an opinion on the fairness with which the financial
125statements are presented in conformance with generally accepted
126accounting principles. The audit is accounts and records, to be
127conducted by an independent certified public accountant in
128accordance with rules adopted by the Auditor General pursuant to
129s. 11.45(8) and the Commissioner of Education. The annual audit
130report shall be submitted to the Auditor General and the
131district school board or regional consortium service
132organization board of directors for review within 9 months after
133the end of the fiscal year or by the date established by year's
134end to the district school board or regional consortium service
135organization board of directors and the Auditor General,
136whichever is earlier. The Commissioner of Education, the Auditor
137General, and the Office of Program Policy Analysis and
138Government Accountability have the authority to require and
139receive from the organization or the district auditor or
140regional consortium service organization auditor any records
141relative to the operation of the organization. The identity of
142donors and all information identifying donors and prospective
143donors are confidential and exempt from the provisions of s.
144119.07(1), and that anonymity shall be maintained in the
145auditor's report. All other records and information shall be
146considered public records for the purposes of chapter 119.
147     Section 4.  Subsection (5) of section 1009.50, Florida
148Statutes, is amended to read:
149     1009.50  Florida Public Student Assistance Grant Program;
150eligibility for grants.--
151     (5)  Funds appropriated by the Legislature for state
152student assistance grants may shall be deposited in the State
153Student Financial Assistance Trust Fund. Notwithstanding the
154provisions of s. 216.301 and pursuant to s. 216.351, any balance
155in the trust fund at the end of any fiscal year that has been
156allocated to the Florida Public Student Assistance Grant Program
157shall remain therein and shall be available for carrying out the
158purposes of this section.
159     Section 5.  Subsection (5) of section 1009.51, Florida
160Statutes, is amended to read:
161     1009.51  Florida Private Student Assistance Grant Program;
162eligibility for grants.--
163     (5)  Funds appropriated by the Legislature for Florida
164private student assistance grants may shall be deposited in the
165State Student Financial Assistance Trust Fund. Notwithstanding
166the provisions of s. 216.301 and pursuant to s. 216.351, any
167balance in the trust fund at the end of any fiscal year that has
168been allocated to the Florida Private Student Assistance Grant
169Program shall remain therein and shall be available for carrying
170out the purposes of this section and as otherwise provided by
171law.
172     Section 6.  Subsection (6) of section 1009.52, Florida
173Statutes, is amended to read:
174     1009.52  Florida Postsecondary Student Assistance Grant
175Program; eligibility for grants.--
176     (6)  Funds appropriated by the Legislature for Florida
177postsecondary student assistance grants may shall be deposited
178in the State Student Financial Assistance Trust Fund.
179Notwithstanding the provisions of s. 216.301 and pursuant to s.
180216.351, any balance in the trust fund at the end of any fiscal
181year that has been allocated to the Florida Postsecondary
182Student Assistance Grant Program shall remain therein and shall
183be available for carrying out the purposes of this section and
184as otherwise provided by law.
185     Section 7.  Subsection (6) of section 1009.89, Florida
186Statutes, is amended to read:
187     1009.89  The William L. Boyd, IV, Florida resident access
188grants.--
189     (6)  Funds appropriated by the Legislature for the William
190L. Boyd, IV, Florida Resident Access Grant Program may shall be
191deposited in the State Student Financial Assistance Trust Fund.
192Notwithstanding the provisions of s. 216.301 and pursuant to s.
193216.351, any balance in the trust fund at the end of any fiscal
194year which has been allocated to the William L. Boyd, IV,
195Florida Resident Access Grant Program shall remain therein and
196shall be available for carrying out the purposes of this
197section. If the number of eligible students exceeds the total
198authorized in the General Appropriations Act, an institution may
199use its own resources to assure that each eligible student
200receives the full benefit of the grant amount authorized.
201     Section 8.  Section 1010.09, Florida Statutes, is amended
202to read:
203     1010.09  Direct-support organizations.--School district,
204regional consortium service organization, community college, and
205university direct-support organizations shall be organized and
206conducted under the provisions of ss. 1001.453, 1004.28, and
2071004.70 and rules of the State Board of Education, as
208applicable.
209     Section 9.  Section 1010.34, Florida Statutes, is amended
210to read:
211     1010.34  Audits of direct-support organizations.--Audits of
212school district, regional consortium service organization,
213community college, and state university direct-support
214organizations are subject to the audit provisions of ss.
2151001.453(4), 1004.28(5), and 1004.70(6), as applicable.
216     Section 10.  Section 1010.72, Florida Statutes, is amended
217to read:
218     1010.72  Dale Hickam Excellent Teaching Program Trust
219Fund.--The Dale Hickam Excellent Teaching Program Trust Fund is
220created to be administered by the Department of Education. Funds
221may must be credited to the trust fund as provided in chapter
22298-309, Laws of Florida, to be used for the purposes set forth
223therein.
224     Section 11.  Subsection (6) of section 1011.62, Florida
225Statutes, is amended to read:
226     1011.62  Funds for operation of schools.--If the annual
227allocation from the Florida Education Finance Program to each
228district for operation of schools is not determined in the
229annual appropriations act or the substantive bill implementing
230the annual appropriations act, it shall be determined as
231follows:
232     (6)  DETERMINATION OF SPARSITY SUPPLEMENT.--
233     (a)  Annually, in an amount to be determined by the
234Legislature through the General Appropriations Act, there shall
235be added to the basic amount for current operation of the FEFP
236qualified districts a sparsity supplement which shall be
237computed as follows:
238
 
Sparsity Factor =  1101.8918____2700 + district       sparsity       index-0.1101
239
240except that districts with a sparsity index of 1,000 or less
241shall be computed as having a sparsity index of 1,000, and
242districts having a sparsity index of 7,308 and above shall be
243computed as having a sparsity factor of zero. A qualified
244district's full-time equivalent student membership shall equal
245or be less than that prescribed annually by the Legislature in
246the appropriations act. The amount prescribed annually by the
247Legislature shall be no less than 17,000, but no more than
24824,000. A district that exceeds the full-time equivalent student
249membership requirement shall receive a one-time transition
250supplement in the amount of one-half of the sparsity supplement
251calculated for said district provided the district qualified for
252the sparsity supplement in each of the most recent 3 fiscal
253years.
254     (b)  The district sparsity index shall be computed by
255dividing the total number of full-time equivalent students in
256all programs in the district by the number of senior high school
257centers in the district, not in excess of three, which centers
258are approved as permanent centers by a survey made by the
259Department of Education.
260     (c)  Each district's allocation of sparsity supplement
261funds shall be adjusted in the following manner:
262     1.  A maximum discretionary levy per FTE value for each
263district shall be calculated by dividing the value of each
264district's maximum discretionary levy by its FTE student count.;
265     2.  A state average discretionary levy value per FTE shall
266be calculated by dividing the total maximum discretionary levy
267value for all districts by the state total FTE student count.;
268     3.  A total potential funds per FTE for each district shall
269be calculated by dividing the total potential funds, not
270including Florida School Recognition Program funds and the
271minimum guarantee, for each district by its FTE student count.
272     4.  A state average total potential funds per FTE shall be
273calculated by dividing the total potential funds, not including
274Florida School Recognition Program funds and the minimum
275guarantee, for all districts by the state total FTE student
276count.
277     5.3.  For districts that have a levy value per FTE as
278calculated in subparagraph 1. higher than the state average
279calculated in subparagraph 2., a sparsity wealth adjustment
280shall be calculated as the product of the difference between the
281state average levy value per FTE calculated in subparagraph 2.
282and the district's levy value per FTE calculated in subparagraph
2831. and the district's FTE student count and -1. However, no
284district shall have a sparsity wealth adjustment which, when
285applied to the total potential funds calculated in subparagraph
2863., would cause the district's total potential funds per FTE to
287be less than the state average calculated in subparagraph 4.;
288     6.4.  Each district's sparsity supplement allocation shall
289be calculated by adding the amount calculated as specified in
290paragraphs (a) and (b) and the wealth adjustment amount
291calculated in this paragraph.
292     Section 12.  Section 1011.765, Florida Statutes, is amended
293to read:
294     1011.765  Florida Academic Improvement Trust Fund matching
295grants.--
296     (1)  MATCHING GRANTS.--The Florida Academic Improvement
297Trust Fund shall be utilized to provide matching grants to the
298Florida School for the Deaf and the Blind Endowment Fund, and to
299any public school district education foundation, and any
300regional consortium service organization education foundation
301that meets the requirements of this section and is recognized by
302the local school district as a its designated K-12 education
303foundation. For purposes of this section, "regional consortium
304service organization" means an organization formed under s.
3051001.451.
306     (a)  The State Board of Education shall adopt rules for the
307administration, submission, documentation, evaluation, and
308approval of requests for matching funds and for maintaining
309accountability for matching funds.
310     (b)  Donations, state matching funds, or proceeds from
311endowments established pursuant to this section shall be used at
312the discretion of the public school district education
313foundation, the regional consortium service organization
314education foundation, or the Florida School for the Deaf and the
315Blind for academic achievement within the school district,
316school districts, or school, and shall not be expended for the
317construction of facilities or for the support of interscholastic
318athletics. A No public school district education foundation, a
319regional consortium service organization education foundation,
320or the Florida School for the Deaf and the Blind shall not
321accept or purchase facilities for which the state will be asked
322for operating funds unless the Legislature has granted prior
323approval for such acquisition.
324     (2)  ALLOCATION OF THE TRUST FUND.--Funds appropriated to
325the Florida Academic Improvement Trust Fund shall be allocated
326by the Department of Education in the following manner:
327     (a)  For every year in which there is a legislative
328appropriation to the trust fund, an equal amount of the annual
329appropriation, to be determined by dividing the total
330legislative appropriation by the number of local education
331foundations and regional consortium service organization
332education foundations, as well as the Florida School for the
333Deaf and the Blind, must be reserved for each public school
334district education foundation, each regional consortium service
335organization education foundation, and the Florida School for
336the Deaf and the Blind Endowment Fund to provide each foundation
337and the Florida School for the Deaf and the Blind with an
338opportunity to receive and match appropriated funds. Trust funds
339that remain unmatched by contribution on April 1 of any year
340shall be made available for matching by any public school
341district education foundation, by any regional consortium
342service organization education foundation, and by the Florida
343School for the Deaf and the Blind which shall have an
344opportunity to apply for excess trust funds prior to the award
345of such funds.
346     (b)  Matching grants shall be proportionately allocated
347from the trust fund on the basis of matching each $4 of state
348funds with $6 of private funds. To be eligible for matching, a
349minimum of $4,500 must be raised from private sources.
350     (c)  Funds sufficient to provide the match shall be
351transferred from the state trust fund to the public school
352education foundation, to the regional consortium service
353organization education foundation, or to the Florida School for
354the Deaf and the Blind Endowment Fund upon notification that a
355proportionate amount has been received and deposited by the
356foundation or school into its own trust fund.
357     (d)  If the total of the amounts to be distributed in any
358quarter pursuant to this subsection exceeds the amount of funds
359remaining from specific appropriations made for the
360implementation of this section, all grants shall be
361proportionately reduced so that the total of matching grants
362distributed does not exceed available appropriations.
363     (3)  GRANT ADMINISTRATION.--
364     (a)  Each public school district education foundation, each
365regional consortium service organization education foundation,
366and the Florida School for the Deaf and the Blind participating
367in the Florida Academic Improvement Trust Fund shall separately
368account for all funds received pursuant to this section, and may
369establish its own academic improvement trust fund as a
370depository for the private contributions, state matching funds,
371and earnings on investments of such funds. State matching funds
372shall be transferred to the public school district education
373foundation, to the regional consortium service organization
374education foundation, or to the Florida School for the Deaf and
375the Blind Endowment Fund upon notification that the foundation
376or school has received and deposited private contributions that
377meet the criteria for matching as provided in this section. The
378public school district education foundations, the regional
379consortium service organization education foundations, and the
380Florida School for the Deaf and the Blind are responsible for
381the maintenance, investment, and administration of their
382academic improvement trust funds.
383     (b)  The public school district education foundations, the
384regional consortium service organization education foundations,
385and the Florida School for the Deaf and the Blind shall be
386responsible for soliciting and receiving contributions to be
387deposited and matched with grants for academic achievement
388within the school district, school districts, or school.
389     (c)  Each public school district education foundation, each
390regional consortium service organization education foundation,
391and the Florida School for the Deaf and the Blind shall be
392responsible for proper expenditure of the funds received
393pursuant to this section.
394     Section 13.  Subsection (1) of section 1011.94, Florida
395Statutes, is amended to read:
396     1011.94  Trust Fund for University Major Gifts.--
397     (1)  There is established a Trust Fund for University Major
398Gifts. The purpose of the trust fund is to enable each
399university and New College to provide donors with an incentive
400in the form of matching grants for donations for the
401establishment of permanent endowments and sales tax exemption
402matching funds received pursuant to s. 212.08(5)(j), which must
403be invested, with the proceeds of the investment used to support
404libraries and instruction and research programs, as defined by
405the State Board of Education. All funds appropriated for the
406challenge grants, new donors, major gifts, sales tax exemption
407matching funds pursuant to s. 212.08(5)(j), or eminent scholars
408program may must be deposited into the trust fund and invested
409pursuant to s. 17.61 until the State Board of Education
410allocates the funds to universities to match private donations.
411Notwithstanding s. 216.301 and pursuant to s. 216.351, any
412undisbursed balance remaining in the trust fund and interest
413income accruing to the portion of the trust fund which is not
414matched and distributed to universities must remain in the trust
415fund and be used to increase the total funds available for
416challenge grants. Funds deposited in the trust fund for the
417sales tax exemption matching program authorized in s.
418212.08(5)(j), and interest earnings thereon, shall be maintained
419in a separate account within the Trust Fund for University Major
420Gifts, and may be used only to match qualified sales tax
421exemptions that a certified business designates for use by state
422universities and community colleges to support research and
423development projects requested by the certified business. The
424State Board of Education may authorize any university to
425encumber the state matching portion of a challenge grant from
426funds available under s. 1011.45.
427     Section 14.  Subsections (1) and (3) of section 1013.79,
428Florida Statutes, are amended to read:
429     1013.79  University Facility Enhancement Challenge Grant
430Program.--
431     (1)  The Legislature recognizes that the universities do
432not have sufficient physical facilities to meet the current
433demands of their instructional and research programs. It further
434recognizes that, to strengthen and enhance universities, it is
435necessary to provide facilities in addition to those currently
436available from existing revenue sources. It further recognizes
437that there are sources of private support that, if matched with
438state support, can assist in constructing much-needed facilities
439and strengthen the commitment of citizens and organizations in
440promoting excellence throughout the state universities.
441Therefore, it is the intent of the Legislature to establish a
442trust fund to provide the opportunity for each university to
443receive support for and match challenge grants for instructional
444and research-related capital facilities within the university.
445     (3)  There is established the Alec P. Courtelis Capital
446Facilities Matching Trust Fund for the purpose of providing
447matching funds from private contributions for the development of
448high priority instructional and research-related capital
449facilities, including common areas connecting such facilities,
450within a university. The Legislature may shall appropriate funds
451to be transferred to the trust fund. The Public Education
452Capital Outlay and Debt Service Trust Fund, Capital Improvement
453Trust Fund, Division of Sponsored Research Trust Fund, and
454Contracts and Grants Trust Fund shall not be used as the source
455of the state match for private contributions. All appropriated
456funds deposited into the trust fund shall be invested pursuant
457to the provisions of s. 17.61. Interest income accruing to that
458portion of the trust fund shall increase the total funds
459available for the challenge grant program. Interest income
460accruing from the private donations shall be returned to the
461participating foundation upon completion of the project. The
462State Board of Education shall administer the trust fund and all
463related construction activities.
464     Section 15.  This act shall take effect July 1, 2005.


CODING: Words stricken are deletions; words underlined are additions.