| 1 | A bill to be entitled |
| 2 | An act relating to school districts; creating s. 1003.621, |
| 3 | F.S.; providing criteria for designating academically |
| 4 | high-performing school districts; providing exceptions for |
| 5 | such districts to be exempt from certain statutes and |
| 6 | rules; providing compliance requirements; providing for |
| 7 | district governing boards; providing for reports; |
| 8 | providing for a review by the State Board of Education of |
| 9 | certain reporting requirements; amending s. 200.065, F.S.; |
| 10 | providing for notice concerning property and casualty |
| 11 | insurance costs; amending s. 1011.71, F.S., relating to |
| 12 | the district school tax; providing criteria for using |
| 13 | funds; authorizing the use of funds for specified |
| 14 | purposes; eliminating restrictions on the use of funds; |
| 15 | amending s. 1011.73, F.S.; conforming a cross-reference; |
| 16 | providing an effective date. |
| 17 |
|
| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
|
| 20 | Section 1. Section 1003.621, Florida Statutes, is created |
| 21 | to read: |
| 22 | 1003.621 Academically high-performing school |
| 23 | districts.--It is the intent of the Legislature to recognize and |
| 24 | reward school districts that demonstrate the ability to |
| 25 | consistently maintain or improve their high-performing status. |
| 26 | The purpose of this section is to provide high-performing school |
| 27 | districts with flexibility in meeting the specific requirements |
| 28 | in statute and rules of the State Board of Education. |
| 29 | (1) ACADEMICALLY HIGH-PERFORMING SCHOOL DISTRICT.-- |
| 30 | (a) A school district is an academically high-performing |
| 31 | school district if it meets the following criteria: |
| 32 | 1.a. Beginning with the 2004-2005 school year, earns a |
| 33 | grade of "A" under s. 1008.34(7) for 2 consecutive years; and |
| 34 | b. Has no district-operated school that earns a grade of |
| 35 | "F" under s. 1008.34; |
| 36 | 2. Complies with all class size requirements in s. 1, Art. |
| 37 | IX of the State Constitution and s. 1003.03; and |
| 38 | 3. Has no material weaknesses or instances of material |
| 39 | noncompliance noted in the annual financial audit conducted |
| 40 | pursuant to s. 218.39. |
| 41 | (b) Each school district that satisfies the eligibility |
| 42 | criteria in this subsection shall be designated by the State |
| 43 | Board of Education as an academically high-performing school |
| 44 | district. With the exception of the statutes listed in |
| 45 | subsection (2), upon designation as an academically high- |
| 46 | performing school district, each such district is exempt from |
| 47 | the provisions in chapters 1000 through 1013 which pertain to |
| 48 | school districts and rules of the State Board of Education which |
| 49 | implement these exempt provisions. This exemption remains in |
| 50 | effect during the time of the designation if the district |
| 51 | continues to meet all eligibility criteria. |
| 52 | (c) The academically high-performing school district shall |
| 53 | retain the designation as a high-performing school district for |
| 54 | 3 years, at the end of which time the district may renew the |
| 55 | designation if the district meets the requirements in this |
| 56 | section. A school district that fails to meet the requirements |
| 57 | in this section shall provide written notification to the State |
| 58 | Board of Education that the district is no longer eligible to be |
| 59 | designated as an academically high-performing school district. |
| 60 | (d) In order to maintain the designation as an |
| 61 | academically high-performing school district pursuant to this |
| 62 | section, a school district must meet the following requirements: |
| 63 | 1. Comply with the provisions of subparagraphs(a)2. and |
| 64 | 3.; and |
| 65 | 2. Earn a grade of "A" under s. 1008.34(7) for 2 years |
| 66 | within a 3-year period. |
| 67 |
|
| 68 | However, a district in which a district-operated school earns a |
| 69 | grade of "F" under s. 1008.34 during the 3-year period may not |
| 70 | continue to be designated as an academically high-performing |
| 71 | school district during the remainder of that 3-year period. The |
| 72 | district must meet the criteria in paragraph (a) in order to be |
| 73 | redesignated as an academically high-performing school district. |
| 74 | (2) COMPLIANCE WITH STATUTES AND RULES.--Each academically |
| 75 | high-performing school district shall comply with all of the |
| 76 | provisions in chapters 1000 through 1013, and rules of the State |
| 77 | Board of Education which implement these provisions, pertaining |
| 78 | to the following: |
| 79 | (a) Those statutes pertaining to the provision of services |
| 80 | to students with disabilities. |
| 81 | (b) Those statutes pertaining to civil rights, including |
| 82 | s. 1000.05, relating to discrimination. |
| 83 | (c) Those statutes pertaining to student health, safety, |
| 84 | and welfare. |
| 85 | (d) Those statutes governing the election or compensation |
| 86 | of district school board members. |
| 87 | (e) Those statutes pertaining to the student assessment |
| 88 | program and the school grading system, including chapter 1008. |
| 89 | (f) Those statutes pertaining to financial matters, |
| 90 | including chapter 1010, except that s. 1010.20(3)(a)1., 2., and |
| 91 | 3., relating to the required program expenditure levels, are |
| 92 | eligible for exemption. |
| 93 | (g) Those statutes pertaining to planning and budgeting, |
| 94 | including chapter 1011, except s. 1011.62(9)(d), relating to the |
| 95 | requirement for a comprehensive reading plan. A district that is |
| 96 | exempt from submitting this plan shall be deemed approved to |
| 97 | receive the research-based reading instruction allocation. |
| 98 | (h) Sections 1012.22(1)(c) and 1012.27(2), relating to |
| 99 | differentiated pay and performance-pay policies for school |
| 100 | administrators and instructional personnel. Professional service |
| 101 | contracts are subject to the provisions of ss. 1012.33 and |
| 102 | 1012.34. |
| 103 | (i) Those statutes pertaining to educational facilities, |
| 104 | including chapter 1013, except that s. 1013.20, relating to |
| 105 | covered walkways for portables, and s. 1013.21, relating to the |
| 106 | use of relocatable facilities that exceed 20 years of age, are |
| 107 | eligible for exemption. |
| 108 | (j) Those statutes relating to instructional materials, |
| 109 | except that s. 1006.37, relating to the requisition of state- |
| 110 | adopted materials from the depository under contract with the |
| 111 | publisher, and s. 1006.40(3)(a), relating to the use of 50 |
| 112 | percent of the instructional materials allocation, shall be |
| 113 | eligible for exemption. |
| 114 | (k) This section. |
| 115 | (3) GOVERNING BOARD.--The governing board of the |
| 116 | academically high-performing school district shall be the duly |
| 117 | elected district school board. The district school board shall |
| 118 | supervise the academically high-performing school district. |
| 119 | (4) REPORTS.--The academically high-performing school |
| 120 | district shall submit to the State Board of Education and the |
| 121 | Legislature an annual report on December 1 which delineates the |
| 122 | performance of the school district relative to the academic |
| 123 | performance of students at each grade level in reading, writing, |
| 124 | mathematics, science, and any other subject that is included as |
| 125 | a part of the statewide assessment program in s. 1008.22. The |
| 126 | annual report shall be submitted in a format prescribed by the |
| 127 | Department of Education and shall include, but need not be |
| 128 | limited to, the following: |
| 129 | (a) Longitudinal performance of students in mathematics, |
| 130 | reading, writing, science, and any other subject that is |
| 131 | included as a part of the statewide assessment program in s. |
| 132 | 1008.22; |
| 133 | (b) Longitudinal performance of students by grade level |
| 134 | and subgroup in mathematics, reading, writing, science, and any |
| 135 | other subject that is included as a part of the statewide |
| 136 | assessment program in s. 1008.22; |
| 137 | (c) Longitudinal performance regarding efforts to close |
| 138 | the achievement gap; |
| 139 | (d)1. Number and percentage of students who take an |
| 140 | Advanced Placement Examination; and |
| 141 | 2. Longitudinal performance regarding students who take an |
| 142 | Advanced Placement Examination by demographic group, |
| 143 | specifically by age, gender, race, and Hispanic origin, and by |
| 144 | participation in the National School Lunch Program; |
| 145 | (e) Evidence of compliance with subsection (1); and |
| 146 | (f) A description of each waiver and the status of each |
| 147 | waiver. |
| 148 | Section 2. The State Board of Education shall identify any |
| 149 | reporting requirements in state law which duplicate the |
| 150 | requirements for reporting under the federal No Child Left |
| 151 | Behind Act and make recommendations to the Legislature by |
| 152 | December 1, 2007, for eliminating duplicative requirements in |
| 153 | state law. |
| 154 | Section 3. Paragraph (a) of subsection (9) of section |
| 155 | 200.065, Florida Statutes, is amended to read: |
| 156 | 200.065 Method of fixing millage.-- |
| 157 | (9)(a) In addition to the notice required in subsection |
| 158 | (3), a district school board shall publish a second notice of |
| 159 | intent to levy additional taxes under s. 1011.71(2). Such |
| 160 | notice shall specify the projects or number of school buses |
| 161 | anticipated to be funded by such additional taxes and shall be |
| 162 | published in the size, within the time periods, adjacent to, and |
| 163 | in substantial conformity with the advertisement required under |
| 164 | subsection (3). The projects shall be listed in priority within |
| 165 | each category as follows: construction and remodeling; |
| 166 | maintenance, renovation, and repair; motor vehicle purchases; |
| 167 | new and replacement equipment; payments for educational |
| 168 | facilities and sites due under a lease-purchase agreement; |
| 169 | payments for renting and leasing educational facilities and |
| 170 | sites; payments of loans approved pursuant to ss. 1011.14 and |
| 171 | 1011.15; payment of costs of compliance with environmental |
| 172 | statutes and regulations; payment of premiums for property and |
| 173 | casualty insurance necessary to insure the educational and |
| 174 | ancillary plants of the school district; payment of costs of |
| 175 | leasing relocatable educational facilities; and payments to |
| 176 | private entities to offset the cost of school buses pursuant to |
| 177 | s. 1011.71(2)(i). The additional notice shall be in the |
| 178 | following form, except that if the district school board is |
| 179 | proposing to levy the same millage under s. 1011.71(2) which it |
| 180 | levied in the prior year, the words "continue to" shall be |
| 181 | inserted before the word "impose" in the first sentence, and |
| 182 | except that the second sentence of the second paragraph shall be |
| 183 | deleted if the district is advertising pursuant to paragraph |
| 184 | (3)(e): |
| 185 | NOTICE OF TAX FOR SCHOOL |
| 186 |
|
| 187 | CAPITAL OUTLAY |
| 188 | The (name of school district) will soon consider a measure |
| 189 | to impose a (number) mill property tax for the capital outlay |
| 190 | projects listed herein. |
| 191 | This tax is in addition to the school board's proposed tax |
| 192 | of (number) mills for operating expenses and is proposed solely |
| 193 | at the discretion of the school board. THE PROPOSED COMBINED |
| 194 | SCHOOL BOARD TAX INCREASE FOR BOTH OPERATING EXPENSES AND |
| 195 | CAPITAL OUTLAY IS SHOWN IN THE ADJACENT NOTICE. |
| 196 | The capital outlay tax will generate approximately |
| 197 | $(amount), to be used for the following projects: |
| 198 | (list of capital outlay projects) |
| 199 |
|
| 200 | All concerned citizens are invited to a public hearing to |
| 201 | be held on (date and time) at (meeting place). |
| 202 | A DECISION on the proposed CAPITAL OUTLAY TAXES will be |
| 203 | made at this hearing. |
| 204 | Section 4. Section 1011.71, Florida Statutes, is amended |
| 205 | to read: |
| 206 | 1011.71 District school tax.-- |
| 207 | (1) If the district school tax is not provided in the |
| 208 | General Appropriations Act or the substantive bill implementing |
| 209 | the General Appropriations Act, each district school board |
| 210 | desiring to participate in the state allocation of funds for |
| 211 | current operation as prescribed by s. 1011.62(10) shall levy on |
| 212 | the taxable value for school purposes of the district, exclusive |
| 213 | of millage voted under the provisions of s. 9(b) or s. 12, Art. |
| 214 | VII of the State Constitution, a millage rate not to exceed the |
| 215 | amount certified by the commissioner as the minimum millage rate |
| 216 | necessary to provide the district required local effort for the |
| 217 | current year, pursuant to s. 1011.62(4)(a)1. In addition to the |
| 218 | required local effort millage levy, each district school board |
| 219 | may levy a nonvoted current operating discretionary millage. The |
| 220 | Legislature shall prescribe annually in the appropriations act |
| 221 | the maximum amount of millage a district may levy. |
| 222 | (2) In addition to the maximum millage levy as provided in |
| 223 | subsection (1), each school board may levy not more than 2 mills |
| 224 | against the taxable value for school purposes for district |
| 225 | schools, including charter schools at the discretion of the |
| 226 | school board, to fund: |
| 227 | (a) New construction and remodeling projects, as set forth |
| 228 | in s. 1013.64(3)(b) and (6)(b) and included in the district's |
| 229 | educational plant survey pursuant to s. 1013.31, without regard |
| 230 | to prioritization, sites and site improvement or expansion to |
| 231 | new sites, existing sites, auxiliary facilities, athletic |
| 232 | facilities, or ancillary facilities. |
| 233 | (b) Maintenance, renovation, and repair of existing school |
| 234 | plants or of leased facilities to correct deficiencies pursuant |
| 235 | to s. 1013.15(2). |
| 236 | (c) The purchase, lease-purchase, or lease of school |
| 237 | buses; drivers' education vehicles; motor vehicles used for the |
| 238 | maintenance or operation of plants and equipment; security |
| 239 | vehicles; or vehicles used in storing or distributing materials |
| 240 | and equipment. |
| 241 | (d) The purchase, lease-purchase, or lease of new and |
| 242 | replacement equipment. |
| 243 | (e) Payments for educational facilities and sites due |
| 244 | under a lease-purchase agreement entered into by a district |
| 245 | school board pursuant to s. 1003.02(1)(f) or s. 1013.15(2), not |
| 246 | exceeding, in the aggregate, an amount equal to three-fourths of |
| 247 | the proceeds from the millage levied by a district school board |
| 248 | pursuant to this subsection. |
| 249 | (f) Payment of loans approved pursuant to ss. 1011.14 and |
| 250 | 1011.15. |
| 251 | (g) Payment of costs directly related to complying with |
| 252 | state and federal environmental statutes, rules, and regulations |
| 253 | governing school facilities. |
| 254 | (h) Payment of costs of leasing relocatable educational |
| 255 | facilities, of renting or leasing educational facilities and |
| 256 | sites pursuant to s. 1013.15(2), or of renting or leasing |
| 257 | buildings or space within existing buildings pursuant to s. |
| 258 | 1013.15(4). |
| 259 | (i) Payment of the cost of school buses when a school |
| 260 | district contracts with a private entity to provide student |
| 261 | transportation services if the district meets the requirements |
| 262 | of this paragraph. |
| 263 | 1. The district's contract must require that the private |
| 264 | entity purchase, lease-purchase, or lease, and operate and |
| 265 | maintain, one or more school buses of a specific type and size |
| 266 | that meet the requirements of s. 1006.25. |
| 267 | 2. Each such school bus must be used for the daily |
| 268 | transportation of public school students in the manner required |
| 269 | by the school district. |
| 270 | 3. Annual payment for each such school bus may not exceed |
| 271 | 10 percent of the purchase price of the state pool bid. |
| 272 | 4. The proposed expenditure of the funds for this purpose |
| 273 | must have been included in the district school board's notice of |
| 274 | proposed tax for school capital outlay as provided in s. |
| 275 | 200.065(9). |
| 276 | (j) Payment of the cost of the opening day collection for |
| 277 | the library media center of a new school. |
| 278 | (3) A school district that has met the reduction |
| 279 | requirements regarding class size for the current year pursuant |
| 280 | to s. 1003.03, has received an unqualified opinion on its |
| 281 | financial statements for the preceding 3 years, has no material |
| 282 | weaknesses or instances of material noncompliance noted in an |
| 283 | audit for the preceding 3 years, and certifies to the |
| 284 | Commissioner of Education that all of the district's |
| 285 | instructional space needs for the next 5 years can be met from |
| 286 | capital outlay sources that the district reasonably expects to |
| 287 | receive during the next 5 years from local revenues and from |
| 288 | currently appropriated state facilities funding or from |
| 289 | alternative scheduling or construction, leasing, rezoning, or |
| 290 | technological methodologies that exhibit sound management may |
| 291 | expend revenue generated by the millage levy authorized by |
| 292 | subsection (2) to fund, in addition to expenditures authorized |
| 293 | in paragraphs (2)(a)-(j), the following: |
| 294 | (a) The purchase, lease-purchase, or lease of driver's |
| 295 | education vehicles; motor vehicles used for the maintenance or |
| 296 | operation of plants and equipment; security vehicles; or |
| 297 | vehicles used in storing or distributing materials and |
| 298 | equipment. |
| 299 | (b) Payment of the cost of premiums for property and |
| 300 | casualty insurance necessary to insure school district |
| 301 | educational and ancillary plants. Operating revenues that are |
| 302 | made available through the payment of property and casualty |
| 303 | insurance premiums from revenues generated under this subsection |
| 304 | may be expended only for nonrecurring operational expenditures |
| 305 | of the school district. |
| 306 | (4) Violations of the these expenditure provisions in |
| 307 | subsection (2) or subsection (3) shall result in an equal dollar |
| 308 | reduction in the Florida Education Finance Program (FEFP) funds |
| 309 | for the violating district in the fiscal year following the |
| 310 | audit citation. |
| 311 | (5)(3) These taxes shall be certified, assessed, and |
| 312 | collected as prescribed in s. 1011.04 and shall be expended as |
| 313 | provided by law. |
| 314 | (6)(4) Nothing in s. 1011.62(4)(a)1. shall in any way be |
| 315 | construed to increase the maximum school millage levies as |
| 316 | provided for in subsection (1). |
| 317 | (5)(a) It is the intent of the Legislature that, by July |
| 318 | 1, 2003, revenue generated by the millage levy authorized by |
| 319 | subsection (2) should be used only for the costs of |
| 320 | construction, renovation, remodeling, maintenance, and repair of |
| 321 | the educational plant; for the purchase, lease, or lease- |
| 322 | purchase of equipment, educational plants, and construction |
| 323 | materials directly related to the delivery of student |
| 324 | instruction; for the rental or lease of existing buildings, or |
| 325 | space within existing buildings, originally constructed or used |
| 326 | for purposes other than education, for conversion to use as |
| 327 | educational facilities; for the opening day collection for the |
| 328 | library media center of a new school; for the purchase, lease- |
| 329 | purchase, or lease of school buses or the payment to a private |
| 330 | entity to offset the cost of school buses pursuant to paragraph |
| 331 | (2)(i); and for servicing of payments related to certificates of |
| 332 | participation issued for any purpose prior to the effective date |
| 333 | of this act. Costs associated with the lease-purchase of |
| 334 | equipment, educational plants, and school buses may include the |
| 335 | issuance of certificates of participation on or after the |
| 336 | effective date of this act and the servicing of payments related |
| 337 | to certificates so issued. For purposes of this section, |
| 338 | "maintenance and repair" is defined in s. 1013.01. |
| 339 | (b) For purposes not delineated in paragraph (a) for which |
| 340 | proceeds received from millage levied under subsection (2) may |
| 341 | be legally expended, a district school board may spend no more |
| 342 | than the following percentages of the amount the district spent |
| 343 | for these purposes in fiscal year 1995-1996: |
| 344 | 1. In fiscal year 2000-2001, 40 percent. |
| 345 | 2. In fiscal year 2001-2002, 25 percent. |
| 346 | 3. In fiscal year 2002-2003, 10 percent. |
| 347 | (c) Beginning July 1, 2003, revenue generated by the |
| 348 | millage levy authorized by subsection (2) must be used only for |
| 349 | the purposes delineated in paragraph (a). |
| 350 | (d) Notwithstanding any other provision of this |
| 351 | subsection, if through its adopted educational facilities plan a |
| 352 | district has clearly identified the need for an ancillary plant, |
| 353 | has provided opportunity for public input as to the relative |
| 354 | value of the ancillary plant versus an educational plant, and |
| 355 | has obtained public approval, the district may use revenue |
| 356 | generated by the millage levy authorized by subsection (2) for |
| 357 | the acquisition, construction, renovation, remodeling, |
| 358 | maintenance, or repair of an ancillary plant. |
| 359 |
|
| 360 | A district that violates these expenditure restrictions shall |
| 361 | have an equal dollar reduction in funds appropriated to the |
| 362 | district under s. 1011.62 in the fiscal year following the audit |
| 363 | citation. The expenditure restrictions do not apply to any |
| 364 | school district that certifies to the Commissioner of Education |
| 365 | that all of the district's instructional space needs for the |
| 366 | next 5 years can be met from capital outlay sources that the |
| 367 | district reasonably expects to receive during the next 5 years |
| 368 | or from alternative scheduling or construction, leasing, |
| 369 | rezoning, or technological methodologies that exhibit sound |
| 370 | management. |
| 371 | (7)(6) In addition to the maximum millage levied under |
| 372 | this section and the General Appropriations Act, a school |
| 373 | district may levy, by local referendum or in a general election, |
| 374 | additional millage for school operational purposes up to an |
| 375 | amount that, when combined with nonvoted millage levied under |
| 376 | this section, does not exceed the 10-mill limit established in |
| 377 | s. 9(b), Art. VII of the State Constitution. Any such levy shall |
| 378 | be for a maximum of 4 years and shall be counted as part of the |
| 379 | 10-mill limit established in s. 9(b), Art. VII of the State |
| 380 | Constitution. Millage elections conducted under the authority |
| 381 | granted pursuant to this section are subject to s. 1011.73. |
| 382 | Funds generated by such additional millage do not become a part |
| 383 | of the calculation of the Florida Education Finance Program |
| 384 | total potential funds in 2001-2002 or any subsequent year and |
| 385 | must not be incorporated in the calculation of any hold-harmless |
| 386 | or other component of the Florida Education Finance Program |
| 387 | formula in any year. If an increase in required local effort, |
| 388 | when added to existing millage levied under the 10-mill limit, |
| 389 | would result in a combined millage in excess of the 10-mill |
| 390 | limit, any millage levied pursuant to this subsection shall be |
| 391 | considered to be required local effort to the extent that the |
| 392 | district millage would otherwise exceed the 10-mill limit. |
| 393 | Section 5. Subsection (2) of section 1011.73, Florida |
| 394 | Statutes, is amended to read: |
| 395 | 1011.73 District millage elections.-- |
| 396 | (2) MILLAGE AUTHORIZED NOT TO EXCEED 4 YEARS.--The |
| 397 | district school board, pursuant to resolution adopted at a |
| 398 | regular meeting, shall direct the county commissioners to call |
| 399 | an election at which the electors within the school district may |
| 400 | approve an ad valorem tax millage as authorized under s. |
| 401 | 1011.71(7)(6). Such election may be held at any time, except |
| 402 | that not more than one such election shall be held during any |
| 403 | 12-month period. Any millage so authorized shall be levied for a |
| 404 | period not in excess of 4 years or until changed by another |
| 405 | millage election, whichever is earlier. If any such election is |
| 406 | invalidated by a court of competent jurisdiction, such |
| 407 | invalidated election shall be considered not to have been held. |
| 408 | Section 6. This act shall take effect upon becoming a law. |