CS/HB 7081

1
A bill to be entitled
2An act relating to education funding; amending s.
31002.415, F.S.; providing a mission for the K-8 Virtual
4School Program; revising eligibility requirements for
5school participation and student enrollment; providing for
6enrollment in a K-8 virtual school of eligible students
7who submit timely applications unless the number of
8applications exceeds the capacity of a program; removing
9provisions relating to pilot K-8 virtual schools; revising
10funding for the K-8 Virtual School Program to include a
11definition of "full-time equivalent student"; providing
12reporting requirements; establishing the district cost
13differential; providing for funding from the General
14Appropriations Act and authorizing schools to receive
15other funds; prohibiting a school from increasing
16enrollment until it achieves a specified performance grade
17category; amending s. 1003.01, F.S.; clarifying that the
18term "exceptional student" for purposes of ch. 1003, F.S.,
19includes gifted students in kindergarten through grade 8;
20amending s. 1003.03, F.S., relating to maximum class size;
21defining "team teaching," "co-teaching," and "inclusion
22teaching strategy"; amending s. 1011.61, F.S.; revising
23the definition of "full-time equivalent student" as it
24relates to the Florida Virtual School; amending s.
251011.62, F.S.; providing a calculation of supplemental
26allocation for juvenile justice education programs;
27deleting obsolete provisions relating to categorical
28funding; amending s. 1011.71, F.S.; deleting obsolete
29provisions relating to expenditure of capital outlay
30millage; amending s. 1012.71, F.S., relating to the
31Florida Teachers Lead Program Stipend; extending the
32stipend to prekindergarten teachers, charter school
33teachers, and job-share classroom teachers; revising
34provisions relating to the calculation, deposit, and
35disbursement of stipend funds; revising the definition of
36"classroom teacher" and defining "job-share classroom
37teacher" to conform; amending s. 1013.64, F.S.; specifying
38the useful life of certain educational facilities;
39clarifying the definition of capital outlay full-time
40equivalent membership for use in determining school
41district capital outlay funds; providing an effective
42date.
43
44Be It Enacted by the Legislature of the State of Florida:
45
46     Section 1.  Section 1002.415, Florida Statutes, is amended
47to read:
48     1002.415  K-8 Virtual School Program.--
49     (1)  PROGRAM; MISSION.--
50     (a)  Subject to annual legislative appropriation, a
51kindergarten through grade 8 virtual school program is
52established within the Department of Education for the purpose
53of making academic instruction available to full-time students
54in kindergarten through grade 8 using on-line and distance
55learning technology. The department shall use an application
56process to select schools to deliver program instruction.
57     (b)  The mission of the K-8 Virtual School Program is to
58provide students with technology-based educational opportunities
59to gain the knowledge and skills necessary to succeed. The
60school shall serve any student in the state who meets the
61profile for success in this educational delivery context and
62shall give priority to:
63     1.  Students who need access to K-8 courses in order to
64meet their educational needs and goals in a home environment.
65     2.  Students seeking accelerated access to move at their
66own pace in their educational progress.
67     (2)(1)  SCHOOL ELIGIBILITY.--
68     (a)  To be eligible to participate in the K-8 Virtual
69School Program a school must:
70     1.  Be nonsectarian in its programs, admission policies,
71employment practices, and operations;
72     2.  Comply with the antidiscrimination provisions of s.
731000.05;
74     3.  Participate in the state's school accountability system
75created in s. 1008.31;
76     4.  Locate its administrative office in this state and
77require its administrative and instructional staff members to be
78state residents; and
79     5.  Require no tuition or student registration fee.
80     (b)  Schools applying to participate in the K-8 Virtual
81School Program shall may be for-profit or nonprofit entities.
82     (3)(2)  APPLICATION.--
83     (a)  The Department of Education shall provide an
84application form to be completed by each school seeking to
85participate in the K-8 Virtual School Program. Initial
86application forms must be made available in sufficient time to
87enable schools to apply and be approved to participate in the K-
888 Virtual School Program by the beginning of the 2007-2008
89school year. In addition to information that may be required by
90the department, applicants must provide verification that:
91     1.  The applicant meets the eligibility criteria required
92by this section;
93     2.  All members of the school's instructional staff are
94certified professional educators under the provisions of chapter
951012; and
96     3.  All school employees have undergone background
97screening as required by s. 1012.32.
98     (b)  In addition to a completed application form, each
99applicant must provide the department with:
100     1.  A detailed plan describing how the school curriculum
101and course content will conform to the Sunshine State Standards;
102and
103     2.  An annual financial plan for each year of operation of
104the school for a minimum of 3 years. The plan must contain
105anticipated fund balances based on revenue projections, a
106spending plan based on projected revenues and expenses, and a
107description of controls that will safeguard finances and
108projected enrollment trends.
109     (c)  The department must approve or deny a school's
110participation in the K-8 Virtual School Program within 90 days
111after receipt of an application.
112     (4)(3)  PARTICIPATING SCHOOLS.--
113     (a)  A school approved by the department to participate in
114the K-8 Virtual School Program shall receive an initial 3-year
115contract with the department to provide program services,
116subject to annual department review and legislative
117appropriation. Contract renewals may be for up to 5 years upon
118agreement of both parties, contingent upon annual funding in the
119General Appropriations Act.
120     (b)  A school approved to participate in the program is
121deemed to be an independent virtual school providing, on behalf
122of the state, a program of instruction that is full time, of 180
123days' duration, and an on-line program of instruction to
124students in kindergarten through grade 8.
125     (c)  A school approved to participate in the program must
126provide each student enrolled in the virtual school with:
127     1.  All necessary instructional materials;
128     2.  All equipment, including, but not limited to, a
129computer, computer monitor, and printer for each household that
130has a student enrolled in the virtual school; and
131     3.  Access to or reimbursement for all Internet services
132necessary for on-line delivery of instruction for each household
133that has a student enrolled in the virtual school.
134     (d)  Except as provided in paragraph (7)(b), a K-8 virtual
135school shall enroll an eligible student who meets the profile
136for success in this educational delivery context and who submits
137a timely application, prioritized in accordance with paragraph
138(1)(b), unless the number of such applications exceeds the
139capacity of a program. In such case, students who have submitted
140such applications shall have an equal chance of being admitted
141through a random selection process.
142     (4)  PILOT SCHOOLS.--
143     (a)  The two pilot K-8 virtual schools provided for in the
1442005 General Appropriations Act may continue operation for the
145entire 2006-2007 school year.
146     (b)  With the exception of the application and contracting
147requirements, the pilot schools are subject to the provisions of
148this section for the 2006-2007 school year.
149     (c)  Each pilot school must complete the application
150requirements of this section and be approved by the department
151in order to participate in the K-8 Virtual School Program beyond
152the 2006-2007 school year.
153     (5)  STUDENT ELIGIBILITY.--
154     (a)  Enrollment in a each participating K-8 virtual school
155is open to any K-8 student in this state who meets the profile
156for success in this educational delivery context in accordance
157with paragraph (1)(b) if the student meets at least one of the
158following conditions:
159     1.  Spent the prior school year in attendance at a public
160school in this state and was enrolled and reported by a public
161school district for funding during the preceding October and
162February for purposes of the Florida Education Finance Program
163surveys;
164     2.  Was enrolled during the prior school year in a K-8
165virtual school funded pursuant to this section or from funds
166provided in the 2005 General Appropriations Act;
167     3.  Is eligible to enroll in kindergarten or the first
168grade; or
169     4.  Has a sibling who is currently enrolled in a
170participating K-8 virtual school and was enrolled at the end of
171the prior school year.
172     (b)  Students enrolled in a K-8 virtual school are subject
173to the compulsory attendance requirements of s. 1003.21. Student
174attendance must be verified according to procedures of the
175Department of Education.
176     (c)  Each student enrolled in a K-8 virtual school must
177take state assessment tests within the student's school district
178of residence, which must provide that student with access to the
179district's testing facilities.
180     (6)  FUNDING.--
181     (a)  A "full-time equivalent student" for the K-8 Virtual
182School Program shall be as defined in s. 1011.61(1)(c) and
183reported under s. 1011.62(1)(c)1.a. and b. State funding for
184each school participating in the K-8 Virtual School Program
185shall be based on a total program enrollment and amount per
186full-time equivalent student established annually in the General
187Appropriations Act.
188     (b)  Full-time equivalent students for the K-8 Virtual
189School Program shall be reported only by the K-8 virtual school
190to the Department of Education in the manner prescribed by the
191department and shall be funded through the Florida Education
192Finance Program. School districts shall report full-time
193equivalent student membership only for courses for which the
194district provides the instruction. Upon proper documentation of
195student enrollment, which must be reviewed and approved by the
196department, payments shall be made to participating schools in
197four equal payments no later than September 1, November 1,
198February 1, and April 15 of each academic year. The initial
199payment shall be made after the department verifies each
200student's admission to the school, and subsequent payments shall
201be made upon verification of the continued enrollment and
202attendance of the student.
203     (c)  The district cost differential as provided in s.
2041011.62(2) shall be established as 1.000.
205     (d)  A K-8 virtual school that participates in the K-8
206Virtual School Program shall receive state funds as may be
207provided in the General Appropriations Act.
208     (e)  In addition to the funds provided in the General
209Appropriations Act, a K-8 virtual school may receive other funds
210from grants and donations.
211     (7)  ASSESSMENT AND ACCOUNTABILITY.--
212     (a)  Each K-8 virtual school must participate in the
213statewide assessment program created under s. 1008.22 and shall
214be subject to the school grading system created by s. 1008.34.
215     (b)  A K-8 virtual school that has a performance grade
216category of "D" or "F" must file a school improvement plan with
217the department for consultation to determine the causes for low
218performance and to develop a plan for correction and
219improvement. Such a school may not increase its enrollment until
220it achieves a performance grade category of "C" or better.
221     (c)  The department shall terminate the contract of any K-8
222virtual school that receives a performance grade category of "D"
223or "F" for 2 years during any consecutive 4-year period.
224     (8)  CAUSES FOR NONRENEWAL OR TERMINATION OF A CONTRACT.--
225     (a)  At the end of a contract with a K-8 virtual school,
226the department may choose not to renew the contract for any of
227the following grounds:
228     1.  Failure to participate in the state's education
229accountability system created in s. 1008.31, as required in this
230section;
231     2.  Failure to receive a school performance grade of "C" or
232better under the school grading system created by s. 1008.34 for
233any 2 years in a consecutive 4-year period;
234     3.  Failure to meet generally accepted standards of fiscal
235management;
236     4.  Violation of law;
237     5.  Failure of the Legislature to fund the program; or
238     6.  Other good cause shown.
239     (b)  During the term of the contract, the department may
240terminate the contract for any of the grounds listed in
241paragraph (a).
242     (c)  If a contract is not renewed or is terminated, the K-8
243virtual school is responsible for all debts of the school.
244     (d)  If a contract is not renewed or is terminated, a
245student who attended the school must be allowed to be enrolled
246in a public school in the county in which the student is a
247resident.
248     (9)  RULES.--The State Board of Education shall adopt rules
249under ss. 120.536(1) and 120.54 to administer this section.
250     Section 2.  Paragraph (a) of subsection (3) of section
2511003.01, Florida Statutes, is amended to read:
252     1003.01  Definitions.--As used in this chapter, the term:
253     (3)(a)  "Exceptional student" means any student who has
254been determined eligible for a special program in accordance
255with rules of the State Board of Education. The term includes
256students who are gifted in kindergarten through grade 8 and
257students with disabilities who are mentally handicapped, speech
258and language impaired, deaf or hard of hearing, visually
259impaired, dual sensory impaired, physically impaired,
260emotionally handicapped, specific learning disabled, hospital
261and homebound, autistic, developmentally delayed children, ages
262birth through 5 years, or children, ages birth through 2 years,
263with established conditions that are identified in State Board
264of Education rules pursuant to s. 1003.21(1)(e).
265     Section 3.  Paragraphs (c) and (d) are added to subsection
266(5) of section 1003.03, Florida Statutes, to read:
267     1003.03  Maximum class size.--
268     (5)  TEAM-TEACHING STRATEGIES.--
269     (c)  "Team teaching" or "co-teaching" means that two or
270more teachers are assigned to a group of students and that each
271teacher is responsible for planning, delivering, and evaluating
272instruction for all students in a class or subject for the
273entire class period.
274     (d)  "Inclusion teaching strategy" means that two or more
275teachers are assigned to a group of students, but one of the
276teachers is only responsible for one student or a small group of
277students in the classroom.
278
279The use of strategies implemented as outlined in this subsection
280meets the letter and intent of the Florida Constitution and the
281Florida Statutes which relate to implementing class-size
282reduction, and this subsection applies retroactively. A school
283district may not be penalized financially or otherwise as a
284result of the use of any legal strategy, including, but not
285limited to, those set forth in subsection (3) and this
286subsection.
287     Section 4.  Paragraph (c) of subsection (1) of section
2881011.61, Florida Statutes, is amended to read:
289     1011.61  Definitions.--Notwithstanding the provisions of s.
2901000.21, the following terms are defined as follows for the
291purposes of the Florida Education Finance Program:
292     (1)  A "full-time equivalent student" in each program of
293the district is defined in terms of full-time students and part-
294time students as follows:
295     (c)1.  A "full-time equivalent student" is:
296     a.  A full-time student in any one of the programs listed
297in s. 1011.62(1)(c); or
298     b.  A combination of full-time or part-time students in any
299one of the programs listed in s. 1011.62(1)(c) which is the
300equivalent of one full-time student based on the following
301calculations:
302     (I)  A full-time student, except a postsecondary or adult
303student or a senior high school student enrolled in adult
304education when such courses are required for high school
305graduation, in a combination of programs listed in s.
3061011.62(1)(c) shall be a fraction of a full-time equivalent
307membership in each special program equal to the number of net
308hours per school year for which he or she is a member, divided
309by the appropriate number of hours set forth in subparagraph
310(a)1. or subparagraph (a)2. The difference between that fraction
311or sum of fractions and the maximum value as set forth in
312subsection (4) for each full-time student is presumed to be the
313balance of the student's time not spent in such special
314education programs and shall be recorded as time in the
315appropriate basic program.
316     (II)  A prekindergarten handicapped student shall meet the
317requirements specified for kindergarten students.
318     (III)  A Florida Virtual School full-time equivalent
319student shall consist of six full credit completions in the
320programs listed in s. 1011.62(1)(c)1. and 4. Credit completions
321can be a combination of either full credits or half credits.
322     2.  A student in membership in a program scheduled for more
323or less than 180 school days is a fraction of a full-time
324equivalent membership equal to the number of instructional hours
325in membership divided by the appropriate number of hours set
326forth in subparagraph (a)1.; however, for the purposes of this
327subparagraph, membership in programs scheduled for more than 180
328days is limited to students enrolled in juvenile justice
329education programs and the Florida Virtual School.
330
331The department shall determine and implement an equitable method
332of equivalent funding for experimental schools and for schools
333operating under emergency conditions, which schools have been
334approved by the department to operate for less than the minimum
335school day.
336     Section 5.  Paragraphs (p) through (t) of subsection (1) of
337section 1011.62, Florida Statutes, are redesignated as
338paragraphs (q) through (u), respectively, a new paragraph (p) is
339added to that subsection, and paragraph (b) of subsection (6) of
340that section is amended, to read:
341     1011.62  Funds for operation of schools.--If the annual
342allocation from the Florida Education Finance Program to each
343district for operation of schools is not determined in the
344annual appropriations act or the substantive bill implementing
345the annual appropriations act, it shall be determined as
346follows:
347     (1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
348OPERATION.--The following procedure shall be followed in
349determining the annual allocation to each district for
350operation:
351     (p)  Calculation of supplemental allocation for juvenile
352justice education programs.--Beginning with the 2007-2008
353General Appropriations Act, the total K-12 weighted full-time
354equivalent student membership in juvenile justice education
355programs in each school district shall be multiplied by the
356amount of the state average class-size-reduction factor
357multiplied by the district's cost differential. An amount equal
358to the product of this calculation shall be allocated in the
359FEFP to each school district to supplement other sources of
360funding for students in juvenile justice education programs.
361     (6)  CATEGORICAL FUNDS.--
362     (b)  If a district school board finds and declares in a
363resolution adopted at a regular meeting of the school board that
364the funds received for any of the following categorical
365appropriations are urgently needed to maintain school board
366specified academic classroom instruction, the school board may
367consider and approve an amendment to the school district
368operating budget transferring the identified amount of the
369categorical funds to the appropriate account for expenditure:
370     1.  Funds for student transportation.
371     2.  Funds for in-service educational personnel training.
372     2.3.  Funds for safe schools.
373     4.  Funds for public school technology.
374     3.5.  Funds for supplemental academic instruction.
375     Section 6.  Subsection (5) of section 1011.71, Florida
376Statutes, is amended to read:
377     1011.71  District school tax.--
378     (5)(a)  It is the intent of the Legislature that, by July
3791, 2003, revenue generated by the millage levy authorized by
380subsection (2) should be used only for the costs of
381construction, renovation, remodeling, maintenance, and repair of
382the educational plant; for the purchase, lease, or lease-
383purchase of equipment, educational plants, and construction
384materials directly related to the delivery of student
385instruction; for the rental or lease of existing buildings, or
386space within existing buildings, originally constructed or used
387for purposes other than education, for conversion to use as
388educational facilities; for the opening day collection for the
389library media center of a new school; for the purchase, lease-
390purchase, or lease of school buses or the payment to a private
391entity to offset the cost of school buses pursuant to paragraph
392(2)(i); and for servicing of payments related to certificates of
393participation issued for any purpose prior to the effective date
394of this act. Costs associated with the lease-purchase of
395equipment, educational plants, and school buses may include the
396issuance of certificates of participation on or after the
397effective date of this act and the servicing of payments related
398to certificates so issued. For purposes of this section,
399"maintenance and repair" is defined in s. 1013.01.
400     (b)  For purposes not delineated in paragraph (a) for which
401proceeds received from millage levied under subsection (2) may
402be legally expended, a district school board may spend no more
403than the following percentages of the amount the district spent
404for these purposes in fiscal year 1995-1996:
405     1.  In fiscal year 2000-2001, 40 percent.
406     2.  In fiscal year 2001-2002, 25 percent.
407     3.  In fiscal year 2002-2003, 10 percent.
408     (b)(c)  Beginning July 1, 2003, revenue generated by the
409millage levy authorized by subsection (2) must be used only for
410the purposes delineated in paragraph (a).
411     (c)(d)  Notwithstanding any other provision of this
412subsection, if through its adopted educational facilities plan a
413district has clearly identified the need for an ancillary plant,
414has provided opportunity for public input as to the relative
415value of the ancillary plant versus an educational plant, and
416has obtained public approval, the district may use revenue
417generated by the millage levy authorized by subsection (2) for
418the acquisition, construction, renovation, remodeling,
419maintenance, or repair of an ancillary plant.
420
421A district that violates these expenditure restrictions shall
422have an equal dollar reduction in funds appropriated to the
423district under s. 1011.62 in the fiscal year following the audit
424citation. The expenditure restrictions do not apply to any
425school district that certifies to the Commissioner of Education
426that all of the district's instructional space needs for the
427next 5 years can be met from capital outlay sources that the
428district reasonably expects to receive during the next 5 years
429or from alternative scheduling or construction, leasing,
430rezoning, or technological methodologies that exhibit sound
431management.
432     Section 7.  Section 1012.71, Florida Statutes, is amended
433to read:
434     1012.71  The Florida Teachers Lead Program Stipend.--
435     (1)  Funding for the Florida Teachers Lead Program Stipend
436shall be as determined by the Legislature in the General
437Appropriations Act. Funds appropriated for the Florida Teachers
438Lead Program Stipend are provided to purchase classroom
439materials and supplies used in the instruction of students who
440are funded through the Florida Education Finance Program,
441including charter school students, in prekindergarten
442kindergarten through grade 12 of the public school system. From
443the funds appropriated, the Commissioner of Education shall
444calculate an amount for each school district by prorating the
445total of each school district's share of the total K-12
446unweighted FTE student enrollment in prekindergarten through
447grade 12 that is funded through the Florida Education Finance
448Program.
449     (2)  From the funds allocated to each district, the
450district school board shall calculate an identical amount for
451each classroom teacher that which is his or her proportionate
452share of the amount allocated to the district for the total
453number of classroom teachers in the district. A job-share
454classroom teacher shall receive his or her prorated share of a
455regular full-time classroom teacher's proportionate share of the
456stipend. The district school board shall provide the funds no
457later than September 30 of each year directly to each classroom
458teacher or charter school for its classroom teachers as a
459stipend to purchase, on behalf of the school district or charter
460school, classroom materials and supplies to be used in the
461instruction of students assigned to the teacher. Each classroom
462teacher shall have sole discretion regarding which classroom
463materials and supplies best meet the needs of the students, when
464they are needed, and where they are acquired. The funds expended
465by individual classroom teachers shall not be subject to state
466or local competitive bidding requirements. Disbursement of
467Florida Teachers Lead Program Stipend funds directly to each
468classroom teacher or charter school shall complete the school
469district's expenditure of these funds, and disbursement of such
470funds by the charter school to each charter school classroom
471teacher shall complete the charter school's expenditure of these
472funds.
473     (3)  Each classroom teacher shall sign a statement
474acknowledging receipt of the funds, agreeing to keep receipts to
475show the expenditure of the funds used to purchase classroom
476materials and supplies for use in the instruction of the
477students assigned to them, and agreeing to return any unused
478funds by the end of the regular school year. The statement to be
479signed and dated by each classroom teacher for receipt of the
480Florida Teachers Lead Program Stipend shall include the wording:
481"I,   (Name of teacher)  , am employed by the _____ County
482District School Board or by the          Charter School as a
483regular full-time or job-share classroom teacher. I acknowledge
484that Florida Teachers Lead Program Stipend funds are
485appropriated by the Legislature for the sole purpose of
486purchasing classroom materials and supplies to be used in the
487instruction of students assigned to me. In accepting custody of
488these funds, I agree to keep receipts for all expenditures. I
489understand that if I do not keep receipts showing these funds
490were spent to purchase classroom materials and supplies for use
491with my students, it will be my personal responsibility to pay
492any federal taxes due on these funds. I also agree to return any
493unused funds to the district school board at the end of the
494regular school year for deposit into the School Advisory Council
495account of the school at which I was employed at the time of the
496receipt of the funds or for deposit into the Florida Teachers
497Lead Program account of the district in which the charter school
498is sponsored, as applicable."
499     (4)  Florida Teachers Lead Program Stipend funds shall be
500provided to each classroom teacher in addition to any other
501funds appropriated for public school operations.
502     (5)  Any unused funds that which are returned to the
503district school board shall be deposited into the School
504Advisory Council account of the school at which the classroom
505teacher returning the funds was employed at the time of the
506receipt of the funds or into the Florida Teachers Lead Program
507account of the district in which the charter school is
508sponsored, as applicable.
509     (6)  For purposes of this section, the term "classroom
510teacher" includes certified teachers, and also includes charter
511school teachers, employed on or before September 1 of each year
512whose regular full-time or job-share job responsibility is the
513classroom instruction of students who are funded through the
514Florida Education Finance Program, including charter school
515students, in prekindergarten kindergarten through grade 12, and
516full-time media specialists and guidance counselors who serve
517such students. The term "job-share classroom teacher" means a
518teacher who shares a full-time position with two or more other
519classroom teachers in kindergarten through grade 12. Only school
520district and charter school personnel employed in these
521positions are eligible for the classroom materials and supply
522stipend from funds appropriated to implement the provisions of
523this section.
524     Section 8.  Paragraph (a) of subsection (1) and paragraph
525(a) of subsection (3) of section 1013.64, Florida Statutes, are
526amended to read:
527     1013.64  Funds for comprehensive educational plant needs;
528construction cost maximums for school district capital
529projects.--Allocations from the Public Education Capital Outlay
530and Debt Service Trust Fund to the various boards for capital
531outlay projects shall be determined as follows:
532     (1)(a)  Funds for remodeling, renovation, maintenance,
533repairs, and site improvement for existing satisfactory
534facilities shall be given priority consideration by the
535Legislature for appropriations allocated to the boards from the
536total amount of the Public Education Capital Outlay and Debt
537Service Trust Fund appropriated. These funds shall be calculated
538pursuant to the following basic formula: the building value
539times the building age over the sum of the years' digits
540assuming a 50-year building life. For modular noncombustible
541facilities, a 35- year life shall be used and, for relocatable
542facilities, a 20-year life shall be used. "Building value" is
543calculated by multiplying each building's total assignable
544square feet times the appropriate net-to-gross conversion rate
545found in state board rules and that product times the current
546average new construction cost. "Building age" is calculated by
547multiplying the prior year's building age times 1 minus the
548prior year's sum received from this subsection divided by the
549prior year's building value. To the net result shall be added
550the number 1. Each board shall receive the percentage generated
551by the preceding formula of the total amount appropriated for
552the purposes of this section.
553     (3)(a)  Each district school board shall receive an amount
554from the Public Education Capital Outlay and Debt Service Trust
555Fund to be calculated by computing the capital outlay full-time
556equivalent membership as determined by the department. Such
557membership must include, but is not limited to:
558     1.  K-12 students for whom the school district is required
559to provide the educational facility, except hospital and
560homebound part-time students; and
561     2.  Students who are career education students, and adult
562disabled students and who are enrolled in school district career
563centers. The capital outlay full-time equivalent membership
564shall be determined for kindergarten through the 12th grade and
565for career centers by averaging the unweighted full-time
566equivalent student membership for the second and third surveys
567and comparing the results on a school-by-school basis with the
568Florida Inventory for School Houses. The capital outlay full-
569time equivalent membership by grade level organization shall be
570used in making the following calculations: The capital outlay
571full-time equivalent membership by grade level organization for
572the 4th prior year must be used to compute the base-year
573allocation. The capital outlay full-time equivalent membership
574by grade-level organization for the prior year must be used to
575compute the growth over the highest of the 3 years preceding the
576prior year. From the total amount appropriated by the
577Legislature pursuant to this subsection, 40 percent shall be
578allocated among the base capital outlay full-time equivalent
579membership and 60 percent among the growth capital outlay full-
580time equivalent membership. The allocation within each of these
581groups shall be prorated to the districts based upon each
582district's percentage of base and growth capital outlay full-
583time membership. The most recent 4-year capital outlay full-time
584equivalent membership data shall be used in each subsequent
585year's calculation for the allocation of funds pursuant to this
586subsection. If a change, correction, or recomputation of data
587during any year results in a reduction or increase of the
588calculated amount previously allocated to a district, the
589allocation to that district shall be adjusted correspondingly.
590If such recomputation results in an increase or decrease of the
591calculated amount, such additional or reduced amounts shall be
592added to or reduced from the district's future appropriations.
593However, no change, correction, or recomputation of data shall
594be made subsequent to 2 years following the initial annual
595allocation.
596     Section 9.  This act shall take effect July 1, 2007.


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