| 1 | A bill to be entitled |
| 2 | An act relating to funding for educational facilities; |
| 3 | amending s. 1013.65, F.S.; revising the sum appropriated |
| 4 | for the Classrooms for Kids Program; amending s. 1013.738, |
| 5 | F.S.; revising the eligibility criteria for the High |
| 6 | Growth District Capital Outlay Assistance Grant Program; |
| 7 | revising provisions for allocation of funds; providing |
| 8 | calculations; providing an effective date. |
| 9 |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
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| 12 | Section 1. Paragraph (a) of subsection (2) of section |
| 13 | 1013.65, Florida Statutes, is amended to read: |
| 14 | 1013.65 Educational and ancillary plant construction |
| 15 | funds; Public Education Capital Outlay and Debt Service Trust |
| 16 | Fund; allocation of funds.-- |
| 17 | (2)(a) The Public Education Capital Outlay and Debt |
| 18 | Service Trust Fund shall be comprised of the following sources, |
| 19 | which are hereby appropriated to the trust fund: |
| 20 | 1. Proceeds, premiums, and accrued interest from the sale |
| 21 | of public education bonds and that portion of the revenues |
| 22 | accruing from the gross receipts tax as provided by s. 9(a)(2), |
| 23 | Art. XII of the State Constitution, as amended, interest on |
| 24 | investments, and federal interest subsidies. |
| 25 | 2. General revenue funds appropriated to the fund for |
| 26 | educational capital outlay purposes. |
| 27 | 3. All capital outlay funds previously appropriated and |
| 28 | certified forward pursuant to s. 216.301. |
| 29 | 4.a. Funds paid pursuant to s. 201.15(1)(d). |
| 30 | b. The sum of $75 $41.75 million of such funds shall be |
| 31 | appropriated annually for expenditure to fund the Classrooms for |
| 32 | Kids Program created in s. 1013.735 and shall be distributed as |
| 33 | provided by that section. |
| 34 | Section 2. Subsections (2) and (3) of section 1013.738, |
| 35 | Florida Statutes, are amended to read: |
| 36 | 1013.738 High Growth District Capital Outlay Assistance |
| 37 | Grant Program.-- |
| 38 | (2) In order to qualify for a grant, a school district |
| 39 | must meet the following criteria: |
| 40 | (a) The district must have levied the full 2 mills of |
| 41 | nonvoted discretionary capital outlay millage authorized in s. |
| 42 | 1011.71(2) for each of the past 3 4 fiscal years or currently |
| 43 | receive an amount from the school capital outlay surtax |
| 44 | authorized in s. 212.055(6) that, when added to the nonvoted |
| 45 | discretionary capital outlay millage collected, equals the |
| 46 | amount that would be generated if the full 2 mills of nonvoted |
| 47 | discretionary capital outlay millage had been collected over the |
| 48 | past 3 fiscal years. |
| 49 | (b) The district must receive in the current fiscal year |
| 50 | revenue from the collection of one of the following: |
| 51 | 1. An educational impact fee. |
| 52 | 2. A local government infrastructure sales surtax |
| 53 | authorized in s. 212.055(2). |
| 54 | 3. A school capital outlay surtax authorized in s. |
| 55 | 212.055(6). If the school capital outlay surtax is used to meet |
| 56 | the conditions of paragraph (a), the amount of the school |
| 57 | capital outlay surtax collected must be in excess of the amount |
| 58 | in paragraph (a). |
| 59 | 4. A local bond referendum as authorized in ss. 1010.40- |
| 60 | 1010.55. |
| 61 | (b) Fifty percent of the revenue derived from the 2-mill |
| 62 | nonvoted discretionary capital outlay millage for the past 4 |
| 63 | fiscal years, when divided by the district's growth in capital |
| 64 | outlay FTE students over this period, produces a value that is |
| 65 | less than the average cost per student station calculated |
| 66 | pursuant to s. 1013.72(2), and weighted by statewide growth in |
| 67 | capital outlay FTE students in elementary, middle, and high |
| 68 | schools for the past 4 fiscal years. |
| 69 | (c) The district must have equaled or exceeded twice the |
| 70 | statewide average of growth in capital outlay FTE students over |
| 71 | the previous 3-year this same 4-year period. |
| 72 | (d) The district must not have received an appropriation |
| 73 | from the special facilities construction program in the current |
| 74 | fiscal year or the previous fiscal year. The Commissioner of |
| 75 | Education must have released all funds allocated to the district |
| 76 | from the Classrooms First Program authorized in s. 1013.68, and |
| 77 | these funds were fully expended by the district as of February 1 |
| 78 | of the current fiscal year. |
| 79 | (e) The total capital outlay FTE students of the district |
| 80 | is greater than 15,000 students. |
| 81 | (3) The funds provided in the General Appropriations Act |
| 82 | shall be allocated pursuant to the following methodology: |
| 83 | (a) The Department of Education shall calculate a 3-year |
| 84 | weighted average cost per student station using the average cost |
| 85 | per student station calculated under s. 1013.72(2) and the |
| 86 | statewide average growth in capital outlay FTE students in |
| 87 | elementary, middle, and high schools for the past 3 fiscal |
| 88 | years. |
| 89 | (b) For each eligible district, the revenue derived from |
| 90 | the 2-mill nonvoted discretionary capital outlay millage for the |
| 91 | past 3 fiscal years shall be divided by the increase in capital |
| 92 | outlay FTE for the same period. |
| 93 | (c) To determine the maximum potential grant for each |
| 94 | eligible district, the amount derived in paragraph (b) shall be |
| 95 | subtracted from the amount derived in paragraph (a) and |
| 96 | multiplied by the average increase in capital outlay FTE |
| 97 | students over the past 3 fiscal years. |
| 98 | (d) If the funds provided in the General Appropriations |
| 99 | Act are insufficient to fully fund the maximum grants calculated |
| 100 | pursuant to paragraph (c), the Department of Education shall |
| 101 | prorate the funds based on each eligible district's prorated |
| 102 | share of the total maximum award. |
| 103 | (a) For each eligible district, the Department of |
| 104 | Education shall calculate the value of 50 percent of the revenue |
| 105 | derived from the 2-mill nonvoted discretionary capital outlay |
| 106 | millage for the past 4 fiscal years divided by the increase in |
| 107 | capital outlay FTE students for the same period. |
| 108 | (b) The Department of Education shall determine, for each |
| 109 | eligible district, the amount that must be added to the value |
| 110 | calculated pursuant to paragraph (a) to produce the weighted |
| 111 | average value per student station calculated pursuant to |
| 112 | paragraph (2)(b). |
| 113 | (c) The value calculated for each eligible district |
| 114 | pursuant to paragraph (b) shall be multiplied by the average |
| 115 | increase in capital outlay FTE students for the past 4 fiscal |
| 116 | years to determine the maximum amount of a grant that may be |
| 117 | awarded to a district pursuant to this section. |
| 118 | (d) In the event the funds provided in the General |
| 119 | Appropriations Act are insufficient to fully fund the maximum |
| 120 | grants calculated pursuant to paragraph (c), the Department of |
| 121 | Education shall allocate the funds based on each district's |
| 122 | prorated share of the total maximum award amount calculated for |
| 123 | all eligible districts. |
| 124 | Section 3. This act shall take effect July 1, 2006. |