Bill No. 0511
Amendment No. 889331
Senate House

1Representative(s) Kendrick offered the following:
2     Amendment (with title amendment)
3     Remove everything after the enacting clause and insert:
4     Section 1.  Section 1003.621, Florida Statutes, is created
5to read:
6     1003.621  Academically high-performing school
7districts.--It is the intent of the Legislature to recognize and
8reward school districts that demonstrate the ability to
9consistently maintain or improve their high-performing status.
10The purpose of this section is to provide high-performing school
11districts with flexibility in meeting the specific requirements
12in statute and rules of the State Board of Education.
14     (a)  A school district is an academically high-performing
15school district if it meets the following criteria:
16     1.a.  Beginning with the 2004-2005 school year, earns a
17grade of "A" under s. 1008.34(7) for 2 consecutive years; and
18     b.  Has no district-operated school that earns a grade of
19"F" under s. 1008.34;
20     2.  Complies with all class size requirements in s. 1, Art.
21IX of the State Constitution and s. 1003.03; and
22     3.  Has no material weaknesses or instances of material
23noncompliance noted in the annual financial audit conducted
24pursuant to s. 218.39.
25     (b)  Each school district that satisfies the eligibility
26criteria in this subsection shall be designated by the State
27Board of Education as an academically high-performing school
28district. With the exception of the statutes listed in
29subsection (2), upon designation as an academically high-
30performing school district, each such district is exempt from
31the provisions in chapters 1000 through 1013 which pertain to
32school districts and rules of the State Board of Education which
33implement these exempt provisions. This exemption remains in
34effect during the time of the designation if the district
35continues to meet all eligibility criteria.
36     (c)  The academically high-performing school district shall
37retain the designation as a high-performing school district for
383 years, at the end of which time the district may renew the
39designation if the district meets the requirements in this
40section. A school district that fails to meet the requirements
41in this section shall provide written notification to the State
42Board of Education that the district is no longer eligible to be
43designated as an academically high-performing school district.
44     (d)  In order to maintain the designation as an
45academically high-performing school district pursuant to this
46section, a school district must meet the following requirements:
47     1.  Comply with the provisions of subparagraphs(a)2. and
483.; and
49     2.  Earn a grade of "A" under s. 1008.34(7) for 2 years
50within a 3-year period.
52However, a district in which a district-operated school earns a
53grade of "F" under s. 1008.34 during the 3-year period may not
54continue to be designated as an academically high-performing
55school district during the remainder of that 3-year period. The
56district must meet the criteria in paragraph (a) in order to be
57redesignated as an academically high-performing school district.
58     (2)  COMPLIANCE WITH STATUTES AND RULES.--Each academically
59high-performing school district shall comply with all of the
60provisions in chapters 1000 through 1013, and rules of the State
61Board of Education which implement these provisions, pertaining
62to the following:
63     (a)  Those statutes pertaining to the provision of services
64to students with disabilities.
65     (b)  Those statutes pertaining to civil rights, including
66s. 1000.05, relating to discrimination.
67     (c)  Those statutes pertaining to student health, safety,
68and welfare.
69     (d)  Those statutes governing the election or compensation
70of district school board members.
71     (e)  Those statutes pertaining to the student assessment
72program and the school grading system, including chapter 1008.
73     (f)  Those statutes pertaining to financial matters,
74including chapter 1010, except that s. 1010.20(3)(a)1., 2., and
753., relating to the required program expenditure levels, are
76eligible for exemption.
77     (g)  Those statutes pertaining to planning and budgeting,
78including chapter 1011, except s. 1011.62(9)(d), relating to the
79requirement for a comprehensive reading plan. A district that is
80exempt from submitting this plan shall be deemed approved to
81receive the research-based reading instruction allocation.
82     (h)  Sections 1012.22(1)(c) and 1012.27(2), relating to
83differentiated pay and performance-pay policies for school
84administrators and instructional personnel. Professional service
85contracts are subject to the provisions of ss. 1012.33 and
87     (i)  Those statutes pertaining to educational facilities,
88including chapter 1013, except that s. 1013.20, relating to
89covered walkways for portables, and s. 1013.21, relating to the
90use of relocatable facilities that exceed 20 years of age, are
91eligible for exemption.
92     (j)  Those statutes relating to instructional materials,
93except that s. 1006.37, relating to the requisition of state-
94adopted materials from the depository under contract with the
95publisher, and s. 1006.40(3)(a), relating to the use of 50
96percent of the instructional materials allocation, shall be
97eligible for exemption.
98     (k)  This section.
99     (3)  GOVERNING BOARD.--The governing board of the
100academically high-performing school district shall be the duly
101elected district school board. The district school board shall
102supervise the academically high-performing school district.
103     (4)  REPORTS.--The academically high-performing school
104district shall submit to the State Board of Education and the
105Legislature an annual report on December 1 which delineates the
106performance of the school district relative to the academic
107performance of students at each grade level in reading, writing,
108mathematics, science, and any other subject that is included as
109a part of the statewide assessment program in s. 1008.22. The
110annual report shall be submitted in a format prescribed by the
111Department of Education and shall include, but need not be
112limited to, the following:
113     (a)  Longitudinal performance of students in mathematics,
114reading, writing, science, and any other subject that is
115included as a part of the statewide assessment program in s.
117     (b)  Longitudinal performance of students by grade level
118and subgroup in mathematics, reading, writing, science, and any
119other subject that is included as a part of the statewide
120assessment program in s. 1008.22;
121     (c)  Longitudinal performance regarding efforts to close
122the achievement gap;
123     (d)1.  Number and percentage of students who take an
124Advanced Placement Examination; and
125     2.  Longitudinal performance regarding students who take an
126Advanced Placement Examination by demographic group,
127specifically by age, gender, race, and Hispanic origin, and by
128participation in the National School Lunch Program;
129     (e)  Evidence of compliance with subsection (1); and
130     (f)  A description of each waiver and the status of each
132     Section 2.  The State Board of Education shall identify any
133reporting requirements in state law which duplicate the
134requirements for reporting under the federal No Child Left
135Behind Act and make recommendations to the Legislature by
136December 1, 2007, for eliminating duplicative requirements in
137state law.
138     Section 3.  Paragraph (a) of subsection (9) of section
139200.065, Florida Statutes, is amended to read:
140     200.065  Method of fixing millage.--
141     (9)(a)  In addition to the notice required in subsection
142(3), a district school board shall publish a second notice of
143intent to levy additional taxes under s. 1011.71(2).  Such
144notice shall specify the projects or number of school buses
145anticipated to be funded by such additional taxes and shall be
146published in the size, within the time periods, adjacent to, and
147in substantial conformity with the advertisement required under
148subsection (3). The projects shall be listed in priority within
149each category as follows: construction and remodeling;
150maintenance, renovation, and repair; motor vehicle purchases;
151new and replacement equipment; payments for educational
152facilities and sites due under a lease-purchase agreement;
153payments for renting and leasing educational facilities and
154sites; payments of loans approved pursuant to ss. 1011.14 and
1551011.15; payment of costs of compliance with environmental
156statutes and regulations; payment of premiums for property and
157casualty insurance necessary to insure the educational and
158ancillary plants of the school district; payment of costs of
159leasing relocatable educational facilities; and payments to
160private entities to offset the cost of school buses pursuant to
161s. 1011.71(2)(i). The additional notice shall be in the
162following form, except that if the district school board is
163proposing to levy the same millage under s. 1011.71(2) which it
164levied in the prior year, the words "continue to" shall be
165inserted before the word "impose" in the first sentence, and
166except that the second sentence of the second paragraph shall be
167deleted if the district is advertising pursuant to paragraph
172     The (name of school district) will soon consider a measure
173to impose a (number) mill property tax for the capital outlay
174projects listed herein.
175     This tax is in addition to the school board's proposed tax
176of (number) mills for operating expenses and is proposed solely
177at the discretion of the school board.  THE PROPOSED COMBINED
180     The capital outlay tax will generate approximately
181$(amount), to be used for the following projects:
(list of capital outlay projects)
184     All concerned citizens are invited to a public hearing to
185be held on (date and time) at (meeting place).
186     A DECISION on the proposed CAPITAL OUTLAY TAXES will be
187made at this hearing.
188     Section 4.  Section 1011.71, Florida Statutes, is amended
189to read:
190     1011.71  District school tax.--
191     (1)  If the district school tax is not provided in the
192General Appropriations Act or the substantive bill implementing
193the General Appropriations Act, each district school board
194desiring to participate in the state allocation of funds for
195current operation as prescribed by s. 1011.62(10) shall levy on
196the taxable value for school purposes of the district, exclusive
197of millage voted under the provisions of s. 9(b) or s. 12, Art.
198VII of the State Constitution, a millage rate not to exceed the
199amount certified by the commissioner as the minimum millage rate
200necessary to provide the district required local effort for the
201current year, pursuant to s. 1011.62(4)(a)1. In addition to the
202required local effort millage levy, each district school board
203may levy a nonvoted current operating discretionary millage. The
204Legislature shall prescribe annually in the appropriations act
205the maximum amount of millage a district may levy.
206     (2)  In addition to the maximum millage levy as provided in
207subsection (1), each school board may levy not more than 2 mills
208against the taxable value for school purposes for district
209schools, including charter schools at the discretion of the
210school board, to fund:
211     (a)  New construction and remodeling projects, as set forth
212in s. 1013.64(3)(b) and (6)(b) and included in the district's
213educational plant survey pursuant to s. 1013.31, without regard
214to prioritization, sites and site improvement or expansion to
215new sites, existing sites, auxiliary facilities, athletic
216facilities, or ancillary facilities.
217     (b)  Maintenance, renovation, and repair of existing school
218plants or of leased facilities to correct deficiencies pursuant
219to s. 1013.15(2).
220     (c)  The purchase, lease-purchase, or lease of school
221buses; drivers' education vehicles; motor vehicles used for the
222maintenance or operation of plants and equipment; security
223vehicles; or vehicles used in storing or distributing materials
224and equipment.
225     (d)  The purchase, lease-purchase, or lease of new and
226replacement equipment.
227     (e)  Payments for educational facilities and sites due
228under a lease-purchase agreement entered into by a district
229school board pursuant to s. 1003.02(1)(f) or s. 1013.15(2), not
230exceeding, in the aggregate, an amount equal to three-fourths of
231the proceeds from the millage levied by a district school board
232pursuant to this subsection.
233     (f)  Payment of loans approved pursuant to ss. 1011.14 and
235     (g)  Payment of costs directly related to complying with
236state and federal environmental statutes, rules, and regulations
237governing school facilities.
238     (h)  Payment of costs of leasing relocatable educational
239facilities, of renting or leasing educational facilities and
240sites pursuant to s. 1013.15(2), or of renting or leasing
241buildings or space within existing buildings pursuant to s.
243     (i)  Payment of the cost of school buses when a school
244district contracts with a private entity to provide student
245transportation services if the district meets the requirements
246of this paragraph.
247     1.  The district's contract must require that the private
248entity purchase, lease-purchase, or lease, and operate and
249maintain, one or more school buses of a specific type and size
250that meet the requirements of s. 1006.25.
251     2.  Each such school bus must be used for the daily
252transportation of public school students in the manner required
253by the school district.
254     3.  Annual payment for each such school bus may not exceed
25510 percent of the purchase price of the state pool bid.
256     4.  The proposed expenditure of the funds for this purpose
257must have been included in the district school board's notice of
258proposed tax for school capital outlay as provided in s.
260     (j)  Payment of the cost of the opening day collection for
261the library media center of a new school.
262     (3)  A school district that has met the reduction
263requirements regarding class size for the current year pursuant
264to s. 1003.03, has received an unqualified opinion on its
265financial statements for the preceding 3 years, has no material
266weaknesses or instances of material noncompliance noted in an
267audit for the preceding 3 years, and certifies to the
268Commissioner of Education that all of the district's
269instructional space needs for the next 5 years can be met from
270capital outlay sources that the district reasonably expects to
271receive during the next 5 years from local revenues and from
272currently appropriated state facilities funding or from
273alternative scheduling or construction, leasing, rezoning, or
274technological methodologies that exhibit sound management may
275expend revenue generated by the millage levy authorized by
276subsection (2) to fund, in addition to expenditures authorized
277in paragraphs (2)(a)-(j), the following:
278     (a)  The purchase, lease-purchase, or lease of driver's
279education vehicles; motor vehicles used for the maintenance or
280operation of plants and equipment; security vehicles; or
281vehicles used in storing or distributing materials and
283     (b)  Payment of the cost of premiums for property and
284casualty insurance necessary to insure school district
285educational and ancillary plants. Operating revenues that are
286made available through the payment of property and casualty
287insurance premiums from revenues generated under this subsection
288may be expended only for nonrecurring operational expenditures
289of the school district.
290     (4)  Violations of the these expenditure provisions in
291subsection (2) or subsection (3) shall result in an equal dollar
292reduction in the Florida Education Finance Program (FEFP) funds
293for the violating district in the fiscal year following the
294audit citation.
295     (5)(3)  These taxes shall be certified, assessed, and
296collected as prescribed in s. 1011.04 and shall be expended as
297provided by law.
298     (6)(4)  Nothing in s. 1011.62(4)(a)1. shall in any way be
299construed to increase the maximum school millage levies as
300provided for in subsection (1).
301     (5)(a)  It is the intent of the Legislature that, by July
3021, 2003, revenue generated by the millage levy authorized by
303subsection (2) should be used only for the costs of
304construction, renovation, remodeling, maintenance, and repair of
305the educational plant; for the purchase, lease, or lease-
306purchase of equipment, educational plants, and construction
307materials directly related to the delivery of student
308instruction; for the rental or lease of existing buildings, or
309space within existing buildings, originally constructed or used
310for purposes other than education, for conversion to use as
311educational facilities; for the opening day collection for the
312library media center of a new school; for the purchase, lease-
313purchase, or lease of school buses or the payment to a private
314entity to offset the cost of school buses pursuant to paragraph
315(2)(i); and for servicing of payments related to certificates of
316participation issued for any purpose prior to the effective date
317of this act. Costs associated with the lease-purchase of
318equipment, educational plants, and school buses may include the
319issuance of certificates of participation on or after the
320effective date of this act and the servicing of payments related
321to certificates so issued. For purposes of this section,
322"maintenance and repair" is defined in s. 1013.01.
323     (b)  For purposes not delineated in paragraph (a) for which
324proceeds received from millage levied under subsection (2) may
325be legally expended, a district school board may spend no more
326than the following percentages of the amount the district spent
327for these purposes in fiscal year 1995-1996:
328     1.  In fiscal year 2000-2001, 40 percent.
329      2.  In fiscal year 2001-2002, 25 percent.
330      3.  In fiscal year 2002-2003, 10 percent.
331     (c)  Beginning July 1, 2003, revenue generated by the
332millage levy authorized by subsection (2) must be used only for
333the purposes delineated in paragraph (a).
334     (d)  Notwithstanding any other provision of this
335subsection, if through its adopted educational facilities plan a
336district has clearly identified the need for an ancillary plant,
337has provided opportunity for public input as to the relative
338value of the ancillary plant versus an educational plant, and
339has obtained public approval, the district may use revenue
340generated by the millage levy authorized by subsection (2) for
341the acquisition, construction, renovation, remodeling,
342maintenance, or repair of an ancillary plant.
344A district that violates these expenditure restrictions shall
345have an equal dollar reduction in funds appropriated to the
346district under s. 1011.62 in the fiscal year following the audit
347citation. The expenditure restrictions do not apply to any
348school district that certifies to the Commissioner of Education
349that all of the district's instructional space needs for the
350next 5 years can be met from capital outlay sources that the
351district reasonably expects to receive during the next 5 years
352or from alternative scheduling or construction, leasing,
353rezoning, or technological methodologies that exhibit sound
355     (7)(6)  In addition to the maximum millage levied under
356this section and the General Appropriations Act, a school
357district may levy, by local referendum or in a general election,
358additional millage for school operational purposes up to an
359amount that, when combined with nonvoted millage levied under
360this section, does not exceed the 10-mill limit established in
361s. 9(b), Art. VII of the State Constitution. Any such levy shall
362be for a maximum of 4 years and shall be counted as part of the
36310-mill limit established in s. 9(b), Art. VII of the State
364Constitution. Millage elections conducted under the authority
365granted pursuant to this section are subject to s. 1011.73.
366Funds generated by such additional millage do not become a part
367of the calculation of the Florida Education Finance Program
368total potential funds in 2001-2002 or any subsequent year and
369must not be incorporated in the calculation of any hold-harmless
370or other component of the Florida Education Finance Program
371formula in any year. If an increase in required local effort,
372when added to existing millage levied under the 10-mill limit,
373would result in a combined millage in excess of the 10-mill
374limit, any millage levied pursuant to this subsection shall be
375considered to be required local effort to the extent that the
376district millage would otherwise exceed the 10-mill limit.
377     Section 5.  Subsection (2) of section 1011.73, Florida
378Statutes, is amended to read:
379     1011.73  District millage elections.--
381district school board, pursuant to resolution adopted at a
382regular meeting, shall direct the county commissioners to call
383an election at which the electors within the school district may
384approve an ad valorem tax millage as authorized under s.
3851011.71(7)(6). Such election may be held at any time, except
386that not more than one such election shall be held during any
38712-month period. Any millage so authorized shall be levied for a
388period not in excess of 4 years or until changed by another
389millage election, whichever is earlier. If any such election is
390invalidated by a court of competent jurisdiction, such
391invalidated election shall be considered not to have been held.
392     Section 6.  This act shall take effect upon becoming a law.
394================= T I T L E  A M E N D M E N T =================
395     Remove the entire title and insert:
A bill to be entitled
397An act relating to school districts; creating s. 1003.621,
398F.S.; providing criteria for designating academically
399high-performing school districts; providing exceptions for
400such districts to be exempt from certain statutes and
401rules; providing compliance requirements; providing for
402district governing boards; providing for reports;
403providing for a review by the State Board of Education of
404certain reporting requirements; amending s. 200.065, F.S.;
405providing for notice concerning property and casualty
406insurance costs; amending s. 1011.71, F.S., relating to
407the district school tax; providing criteria for using
408funds; authorizing the use of funds for specified
409purposes; eliminating restrictions on the use of funds;
410amending s. 1011.73, F.S.; conforming a cross-reference;
411providing an effective date.

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