Senate Bill sb2070c1

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    Florida Senate - 2007                           CS for SB 2070

    By the Committee on Education Pre-K - 12; and Senator Wise





    581-2236-07

  1                      A bill to be entitled

  2         An act relating to public school utilization;

  3         amending s. 1013.64, F.S.; establishing the

  4         Increased Utilization Program as a part of the

  5         Public Education Capital Outlay and Debt

  6         Service Trust Fund; providing a formula for

  7         allocation of funds to a school district that

  8         increases its FTE facility capacity; providing

  9         eligibility requirements and restrictions;

10         amending s. 1003.03, F.S.; authorizing use of

11         alternative, nontraditional school calendars

12         for purposes of meeting constitutional class

13         size maximums; providing an effective date.

14  

15  Be It Enacted by the Legislature of the State of Florida:

16  

17         Section 1.  Subsection (8) is added to section 1013.64,

18  Florida Statutes, to read:

19         1013.64  Funds for comprehensive educational plant

20  needs; construction cost maximums for school district capital

21  projects.--Allocations from the Public Education Capital

22  Outlay and Debt Service Trust Fund to the various boards for

23  capital outlay projects shall be determined as follows:

24         (8)(a)  Beginning with the 2007-2008 fiscal year, there

25  is established the Increased Utilization Program which shall

26  be funded as a part of the Public Education Capital Outlay and

27  Debt Service Trust Fund in an amount each year not to exceed

28  15 percent of the total funds appropriated under paragraph

29  (3)(a). These funds shall be allocated by the commissioner to

30  any school district according to the following formula: Any

31  eligible school that increases its FTE facility capacity by at

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    Florida Senate - 2007                           CS for SB 2070
    581-2236-07




 1  least 20 percent as a result of using an alternative,

 2  nontraditional calendar shall receive up to a maximum of $250

 3  per each FTE generated within the school.

 4         (b)  To be eligible, a district school board must

 5  submit a resolution to the commissioner by August 1 of each

 6  fiscal year, beginning August 1, 2007, of its intent to

 7  participate in the Increased Utilization Program, listing each

 8  of the schools eligible during the prior fiscal year. The

 9  information listed for each school must include the maximum

10  FTE capacity for the year as contained in the Florida

11  Inventory of School Houses in the Office of Educational

12  Facilities and the increase attributable to the alternative,

13  nontraditional calendar. To be eligible, each individual

14  school's FTE must exceed the maximum facility capacity during

15  the fiscal year by at least 20 percent.

16         (c)  Each school district qualifying for funding under

17  this subsection may be paid up to $250 per each FTE generated

18  per eligible school for a maximum of 5 years if funds are

19  available. If funds are insufficient during any fiscal year,

20  the commissioner shall determine the pro rata amount.

21         (d)  Funds received by a school district through the

22  Increased Utilization Program shall be exempt from repayment

23  of any project outstanding pursuant to subsection (2).

24         (e)  All funds accruing to a school district under this

25  subsection shall be allocated to the schools generating the

26  increased capacity and shall be expended on needed projects as

27  recommended in a survey under the rules of the state board.

28         (f)  Overcrowding of a school or double session does

29  not apply. In addition, students may not be assigned to

30  instructional spaces contrary to the State Requirements for

31  Educational Facilities.

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    Florida Senate - 2007                           CS for SB 2070
    581-2236-07




 1         Section 2.  Paragraph (j) of subsection (3) of section

 2  1003.03, Florida Statutes, is amended to read:

 3         1003.03  Maximum class size.--

 4         (3)  IMPLEMENTATION OPTIONS.--District school boards

 5  must consider, but are not limited to, implementing the

 6  following items in order to meet the constitutional class size

 7  maximums described in subsection (1) and the

 8  two-student-per-year reduction required in subsection (2):

 9         (j)  Use alternative or year-round schools and other

10  nontraditional calendars that do not adversely impact annual

11  assessment of student achievement.

12         Section 3.  This act shall take effect July 1, 2007.

13  

14          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
15                         Senate Bill 2070

16                                 

17  The committee substitute:

18  Creates the Increased Utilization Program as part of the
    Public Education Capital Outlay and Debt Service Trust Fund;
19  
    Increase school district funding from $200 to $250 per FTE;
20  
    Moves initial implementation date up one year to August 1,
21  2007;

22  Removes linkage to other legislation such that the effective
    date is no longer conditional.
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