Senate Bill sb0680c1

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    Florida Senate - 2007                            CS for SB 680

    By the Committee on Finance and Tax; and Senators Dockery,
    Baker, Haridopolos, Argenziano, Bennett, Webster, Fasano and
    Siplin



    593-2443-07

  1                      A bill to be entitled

  2         An act relating to growth management; amending

  3         s. 1013.738, F.S.; revising the eligibility

  4         criteria for the High Growth District Capital

  5         Outlay Assistance Grant Program; revising

  6         provisions for allocating funds provided by the

  7         General Appropriations Act to the Public

  8         Education Capital Outlay and Debt Service Trust

  9         Fund; providing an appropriation; providing an

10         effective date.

11  

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

13  

14         Section 1.  Subsections (2) and (3) of section

15  1013.738, Florida Statutes, are amended to read:

16         1013.738  High Growth District Capital Outlay

17  Assistance Grant Program.--

18         (2)  In order to qualify for a grant, a school district

19  must meet the following criteria:

20         (a)  The district must have levied the full 2 mills of

21  nonvoted discretionary capital outlay millage authorized in s.

22  1011.71(2) for each of the past 3 4 fiscal years or receive an

23  amount from the school capital outlay surtax authorized in s.

24  212.055(6) which, when added to the nonvoted discretionary

25  capital outlay millage collected, equals the amount that would

26  be generated if the full 2 mills of nonvoted discretionary

27  capital outlay millage had been collected over the past 3

28  fiscal years.

29         (b)  The district must have received in the prior

30  fiscal year revenue from the collection of an impact fee

31  

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    Florida Senate - 2007                            CS for SB 680
    593-2443-07




 1  specifically for schools and revenue from the collection of

 2  one of the following:

 3         1.  A local government infrastructure sales surtax

 4  authorized in s. 212.055(2) in which a portion is dedicated

 5  for the construction of schools in such prior fiscal year, or

 6  for satisfaction of debt service pledged for the construction

 7  of schools.

 8         2.  A school capital outlay surtax authorized in s.

 9  212.055(6). If the school capital outlay surtax is used to

10  meet the conditions of paragraph (a), the amount of the school

11  capital outlay surtax collected must be in excess of the

12  amount in paragraph (a).

13         3.  A local bond referendum as authorized in ss.

14  1010.40-1010.55.

15         (b)  Fifty percent of the revenue derived from the

16  2-mill nonvoted discretionary capital outlay millage for the

17  past 4 fiscal years, when divided by the district's growth in

18  capital outlay FTE students over this period, produces a value

19  that is less than the average cost per student station

20  calculated pursuant to s. 1013.72(2), and weighted by

21  statewide growth in capital outlay FTE students in elementary,

22  middle, and high schools for the past 4 fiscal years.

23         (c)  The district must have equaled or exceeded three

24  times twice the statewide average of growth in capital outlay

25  FTE students over the prior 3 fiscal years. Growth in any one

26  year must be determined by calculating the increase in

27  students over the prior year this same 4-year period.

28         (d)  The district must not have received an

29  appropriation from the special facilities construction program

30  in the current fiscal year or any of the 2 fiscal years prior

31  to the current fiscal year. The Commissioner of Education must

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    Florida Senate - 2007                            CS for SB 680
    593-2443-07




 1  have released all funds allocated to the district from the

 2  Classrooms First Program authorized in s. 1013.68, and these

 3  funds were fully expended by the district as of February 1 of

 4  the current fiscal year.

 5         (e)  The total capital outlay FTE students of the

 6  district is greater than 15,000 students.

 7         (3)  The funds provided in the General Appropriations

 8  Act shall be allocated pursuant to the following methodology:

 9         (a)  Each eligible district school board shall receive

10  an amount from the Public Education Capital Outlay and Debt

11  Service Trust Fund to be calculated by computing the capital

12  outlay full-time equivalent membership as determined by the

13  Department of Education. Such membership must include, but is

14  not limited to, kindergarten through 12th grade students,

15  except hospital and homebound part-time students, students who

16  are career education students, and adult disabled students who

17  are enrolled in school district career centers.

18         (b)  The capital outlay full-time equivalent membership

19  shall be determined for kindergarten through the 12th grade

20  and for career centers by averaging the unweighted full-time

21  equivalent student membership for the second and third surveys

22  and comparing the results on a school-by-school basis with the

23  Florida Inventory for School Houses. The capital outlay

24  full-time equivalent membership by grade level organization

25  shall be used in making the following calculation: the capital

26  outlay full-time equivalent membership by grade-level

27  organization for the prior year must be used to compute the

28  growth over the highest of the 3 years preceding the prior

29  year.

30         (c)  The total amount appropriated by the Legislature

31  pursuant to this subsection shall be allocated among the

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    Florida Senate - 2007                            CS for SB 680
    593-2443-07




 1  growth capital outlay full-time equivalent membership. The

 2  allocation shall be prorated to the districts based upon each

 3  district's percentage of growth capital outlay full-time

 4  membership. The most recent 4-year capital outlay full-time

 5  equivalent membership data shall be used in each subsequent

 6  year's calculation for the allocation of funds pursuant to

 7  this subsection.

 8         (d)  If a change, correction, or recomputation of data

 9  during any year results in a reduction or increase of the

10  calculated amount previously allocated to a district, the

11  allocation to that district shall be adjusted correspondingly.

12  If such recomputation results in an increase or decrease of

13  the calculated amount, such additional or reduced amounts

14  shall be added to or reduced from the district's future

15  appropriations. However, no change, correction, or

16  recomputation of data shall be made subsequent to 2 years

17  following the initial annual allocation.

18         (a)  For each eligible district, the Department of

19  Education shall calculate the value of 50 percent of the

20  revenue derived from the 2-mill nonvoted discretionary capital

21  outlay millage for the past 4 fiscal years divided by the

22  increase in capital outlay FTE students for the same period.

23         (b)  The Department of Education shall determine, for

24  each eligible district, the amount that must be added to the

25  value calculated pursuant to paragraph (a) to produce the

26  weighted average value per student station calculated pursuant

27  to paragraph (2)(b).

28         (c)  The value calculated for each eligible district

29  pursuant to paragraph (b) shall be multiplied by the average

30  increase in capital outlay FTE students for the past 4 fiscal

31  

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    Florida Senate - 2007                            CS for SB 680
    593-2443-07




 1  years to determine the maximum amount of a grant that may be

 2  awarded to a district pursuant to this section.

 3         (d)  In the event the funds provided in the General

 4  Appropriations Act are insufficient to fully fund the maximum

 5  grants calculated pursuant to paragraph (c), the Department of

 6  Education shall allocate the funds based on each district's

 7  prorated share of the total maximum award amount calculated

 8  for all eligible districts.

 9         Section 2.  The sum of $30 million is appropriated for

10  the 2007-2008 fiscal year from nonrecurring funds and

11  transferred pursuant to chapter 2005-290, Laws of Florida, to

12  the Public Education Capital Outlay and Debt Service Trust

13  Fund in the Department of Education for the High Growth County

14  District Capital Outlay Assistance Grant Program established

15  in s. 1013.738, Florida Statutes.

16         Section 3.  This act shall take effect upon becoming a

17  law.

18  

19          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
20                              SB 680

21                                 

22  The Committee Substitute made the following changes to SB 680:

23  1)   Removed the $33.25 million increase in the annual
         appropriation for the Classroom for Kids Program as
24       provided for in s. 1013.65, F.S.

25  2)   Appropriates $30 million from non recurring funds in
         2007-08 to the Public Education Capital Outlay and Debt
26       Service Trust Fund for the High Growth County District
         Capital Outlay Assistance Grant Program.
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