Florida Senate - 2013         (PROPOSED COMMITTEE BILL) SPB 7054
       
       
       
       FOR CONSIDERATION By the Committee on Appropriations
       
       
       
       
       576-02272D-13                                         20137054__
    1                        A bill to be entitled                      
    2         An act relating to education funding; amending s.
    3         1002.3305, F.S.; revising a definition; authorizing
    4         the state’s program of education to receive state and
    5         federal funding that may be transferred between state
    6         agencies to provide for operations of the college
    7         preparatory boarding academy; authorizing the college
    8         preparatory boarding academy to enter into an
    9         agreement with the Department of Children and Families
   10         to admit certain students and to develop an
   11         alternative admissions process; amending s. 1002.45,
   12         F.S.; authorizing a district to report full-time
   13         equivalent membership for credit earned by a student
   14         who is enrolled in a virtual education course under
   15         certain circumstances; amending s. 1003.498, F.S.;
   16         authorizing a district to report full-time equivalent
   17         membership for credit earned by a student who is
   18         enrolled in a virtual education course under certain
   19         circumstances; amending s. 1009.24, F.S.; authorizing
   20         a university to increase its athletic fee to defray
   21         the costs associated with adding National Collegiate
   22         Athletic Association Division II football; amending s.
   23         1011.61, F.S.; revising the definition of the term
   24         “full-time equivalent student” as it relates to the
   25         Florida Education Finance Program; amending s.
   26         1011.62, F.S.; revising the fiscal years in which
   27         certain school districts may use funds for
   28         supplemental academic instruction and research-based
   29         reading instruction to provide additional intensive
   30         reading instruction; revising the rate of nonvoted
   31         current operating discretionary millage that is used
   32         to calculate a discretionary millage compression
   33         supplement; eliminating the annual virtual education
   34         contribution in the Florida Education Finance Program;
   35         amending s. 1011.71, F.S.; conforming a cross
   36         reference; authorizing a district school board to levy
   37         additional millage for critical capital outlay needs
   38         under certain circumstances; deleting a provision that
   39         prohibits additional millage and state funds from
   40         being included in the calculation of the Florida
   41         Education Finance Program; deleting a provision that
   42         authorizes the districts to levy millage that was
   43         authorized by the voters in the 2010 general election;
   44         amending s. 1011.80, F.S.; revising the funding for
   45         operation of workforce education programs with regard
   46         to students who are coenrolled in a K-12 education
   47         program and an adult education program; amending s.
   48         1013.64, F.S.; revising the capital outlay full-time
   49         equivalent membership used to calculate the amount
   50         that district school boards receive from the Public
   51         Education Capital Outlay and Debt Service Trust Fund;
   52         specifying the formula to be used for the 2012-2013
   53         fiscal year in calculating the alternate compliance
   54         calculation amounts to the class size operating
   55         categorical fund, notwithstanding certain other
   56         provisions of law; requiring that the Commissioner of
   57         Education modify payments to school districts;
   58         providing effective dates.
   59  
   60  Be It Enacted by the Legislature of the State of Florida:
   61  
   62         Section 1. Paragraph (b) of subsection (2) and subsections
   63  (7) and (10) of section 1002.3305, Florida Statutes, are amended
   64  to read:
   65         1002.3305 College-Preparatory Boarding Academy Pilot
   66  Program for at-risk students.—
   67         (2) DEFINITIONS.—As used in this section, the term:
   68         (b) “Eligible student” means a student who is a resident of
   69  the state and entitled to attend school in a participating
   70  school district, is at risk of academic failure, is currently
   71  enrolled in grade 5 or 6, is from a family whose gross income is
   72  at or below 200 percent of the federal poverty guidelines, is
   73  eligible for benefits or services funded by Temporary Assistance
   74  for Needy Families (TANF) or Title IV-E of the Social Security
   75  Act, and who meets at least one of the following additional risk
   76  factors:
   77         1. The child is in foster care or has been declared an
   78  adjudicated dependent by a court.
   79         2. The student’s head of household is not the student’s
   80  custodial parent.
   81         3. The student resides in a household that receives a
   82  housing voucher or has been determined eligible for public
   83  housing assistance.
   84         4. A member of the student’s immediate family has been
   85  incarcerated.
   86         5. The child is covered under the terms of the state’s
   87  Child Welfare Waiver Demonstration project with the United
   88  States Department of Health and Human Services.
   89         (7) FUNDING.—The college-preparatory boarding academy must
   90  be a public school and part of the state’s program of education.
   91  If The program may receive receives state and federal funding
   92  from noneducation sources, and such funds may be transferred
   93  between state agencies to provide for the operations of the
   94  program. The State Board of Education shall coordinate,
   95  streamline, and simplify any requirements to eliminate
   96  duplicate, redundant, or conflicting requirements and oversight
   97  by various governmental programs or agencies. Funding for the
   98  operation of the boarding academy is contingent on the
   99  development of a plan by the Department of Education, the
  100  Department of Juvenile Justice, and the Department of Children
  101  and Family Services which details how educational and
  102  noneducational funds that would otherwise be committed to the
  103  students in the school and their families can be repurposed to
  104  provide for the operation of the school and related services.
  105  Such plans must be based on federal and state funding streams
  106  for children and families meeting the eligibility criteria for
  107  eligible students as specified in paragraph (2)(b) and include
  108  recommendations for modifications to the criteria for eligible
  109  students which further the program’s goals or improve the
  110  feasibility of using existing funding sources. The plan shall be
  111  submitted, together with relevant budget requests, through the
  112  legislative budget request process under s. 216.023 or through
  113  requests for budget amendments to the Legislative Budget
  114  Commission in accordance with s. 216.181.
  115         (10) ADMISSION.—An eligible student may apply for admission
  116  to the program. If more eligible students apply for admission
  117  than the number of students permitted by the capacity
  118  established by the board of trustees, admission shall be
  119  determined by lottery. The college preparatory boarding academy
  120  may enter into an agreement with the Department of Children and
  121  Families to admit a designated number of students who are
  122  covered under the state’s Child Welfare Waiver Demonstration
  123  project and develop an alternative admissions process for these
  124  eligible students.
  125         Section 2. Paragraph (c) of subsection (1) of section
  126  1002.45, Florida Statutes, is amended to read:
  127         1002.45 Virtual instruction programs.—
  128         (1) PROGRAM.—
  129         (c) To provide students with the option of participating in
  130  virtual instruction programs as required by paragraph (b), a
  131  school district may:
  132         1. Contract with the Florida Virtual School or establish a
  133  franchise of the Florida Virtual School for the provision of a
  134  program under paragraph (b). Using this option is subject to the
  135  requirements of this section and s. 1011.61(1)(c)1.b.(III) and
  136  (IV). A district may report full-time equivalent membership for
  137  credit earned by a student who is enrolled in a virtual
  138  education course provided by the district which was completed
  139  after the end of the regular school year if the FTE is reported
  140  no later than the deadline for amending the final student
  141  enrollment report for that year.
  142         2. Contract with an approved provider under subsection (2)
  143  for the provision of a full-time program under subparagraph
  144  (b)1. or subparagraph (b)3. or a part-time program under
  145  subparagraph (b)2. or subparagraph (b)3.
  146         3. Enter into an agreement with other school districts to
  147  allow the participation of its students in an approved virtual
  148  instruction program provided by the other school district. The
  149  agreement must indicate a process for the transfer of funds
  150  required by paragraph (7)(f).
  151         4. Establish school district operated part-time or full
  152  time kindergarten through grade 12 virtual instruction programs
  153  under paragraph (b) for students enrolled in the school
  154  district. A full-time program shall operate under its own Master
  155  School Identification Number.
  156         5. Enter into an agreement with a virtual charter school
  157  authorized by the school district under s. 1002.33.
  158  
  159  Contracts under subparagraph 1. or subparagraph 2. may include
  160  multidistrict contractual arrangements that may be executed by a
  161  regional consortium for its member districts. A multidistrict
  162  contractual arrangement or an agreement under subparagraph 3. is
  163  not subject to s. 1001.42(4)(d) and does not require the
  164  participating school districts to be contiguous. These
  165  arrangements may be used to fulfill the requirements of
  166  paragraph (b).
  167         Section 3. Subsection (1) of section 1003.498, Florida
  168  Statutes, is amended to read:
  169         1003.498 School district virtual course offerings.—
  170         (1) School districts may deliver courses in the traditional
  171  school setting by personnel certified pursuant to s. 1012.55 who
  172  provide direct instruction through virtual instruction or
  173  through blended learning courses consisting of both traditional
  174  classroom and online instructional techniques. Students in a
  175  blended learning course must be full-time students of the school
  176  and receive the online instruction in a classroom setting at the
  177  school. The funding, performance, and accountability
  178  requirements for blended learning courses are the same as those
  179  for traditional courses. A district may report full-time
  180  equivalent membership for credit earned by a student who is
  181  enrolled in a virtual education course provided by the district
  182  which is completed after the end of the regular school year if
  183  the FTE is reported no later than the deadline for amending the
  184  final student enrollment report for that year.
  185         Section 4. Paragraph (e) of subsection (4) of section
  186  1009.24, Florida Statutes, is amended to read:
  187         1009.24 State university student fees.—
  188         (4)
  189         (e) The sum of the activity and service, health, and
  190  athletic fees a student is required to pay to register for a
  191  course shall not exceed 40 percent of the tuition established in
  192  law or in the General Appropriations Act. No university shall be
  193  required to lower any fee in effect on the effective date of
  194  this act in order to comply with this subsection. Within the 40
  195  percent cap, universities may not increase the aggregate sum of
  196  activity and service, health, and athletic fees more than 5
  197  percent per year, or the same percentage increase in tuition
  198  authorized under paragraph (b), whichever is greater, unless
  199  specifically authorized in law or in the General Appropriations
  200  Act. A university may increase its athletic fee to defray the
  201  costs associated with changing National Collegiate Athletic
  202  Association divisions or adding National Collegiate Athletic
  203  Association Division II football. Any such increase in the
  204  athletic fee may exceed both the 40 percent cap and the 5
  205  percent cap imposed by this subsection. Any such increase must
  206  be approved by the athletic fee committee in the process
  207  outlined in subsection (12) and cannot exceed $2 per credit
  208  hour. Notwithstanding the provisions of ss. 1009.534, 1009.535,
  209  and 1009.536, that portion of any increase in an athletic fee
  210  pursuant to this subsection that causes the sum of the activity
  211  and service, health, and athletic fees to exceed the 40 percent
  212  cap or the annual increase in such fees to exceed the 5 percent
  213  cap shall not be included in calculating the amount a student
  214  receives for a Florida Academic Scholars award, a Florida
  215  Medallion Scholars award, or a Florida Gold Seal Vocational
  216  Scholars award. Notwithstanding this paragraph and subject to
  217  approval by the board of trustees, each state university is
  218  authorized to exceed the 5-percent cap on the annual increase to
  219  the aggregate sum of activity and service, health, and athletic
  220  fees for the 2010-2011 fiscal year. Any such increase shall not
  221  exceed 15 percent or the amount required to reach the 2009-2010
  222  fiscal year statewide average for the aggregate sum of activity
  223  and service, health, and athletic fees at the main campuses,
  224  whichever is greater. The aggregate sum of the activity and
  225  service, health, and athletic fees shall not exceed 40 percent
  226  of tuition. Any increase in the activity and service fee, health
  227  fee, or athletic fee must be approved by the appropriate fee
  228  committee pursuant to subsection (10), subsection (11), or
  229  subsection (12).
  230         Section 5. Paragraph (c) of subsection (1) of section
  231  1011.61, Florida Statutes, is amended to read:
  232         1011.61 Definitions.—Notwithstanding the provisions of s.
  233  1000.21, the following terms are defined as follows for the
  234  purposes of the Florida Education Finance Program:
  235         (1) A “full-time equivalent student” in each program of the
  236  district is defined in terms of full-time students and part-time
  237  students as follows:
  238         (c)1. A “full-time equivalent student” is:
  239         a. A full-time student in any one of the programs listed in
  240  s. 1011.62(1)(c); or
  241         b. A combination of full-time or part-time students in any
  242  one of the programs listed in s. 1011.62(1)(c) which is the
  243  equivalent of one full-time student based on the following
  244  calculations:
  245         (I) A full-time student in a combination of programs listed
  246  in s. 1011.62(1)(c) shall be a fraction of a full-time
  247  equivalent membership in each special program equal to the
  248  number of net hours per school year for which he or she is a
  249  member, divided by the appropriate number of hours set forth in
  250  subparagraph (a)1. or subparagraph (a)2. The difference between
  251  that fraction or sum of fractions and the maximum value as set
  252  forth in subsection (4) for each full-time student is presumed
  253  to be the balance of the student’s time not spent in such
  254  special program and shall be recorded as time in the appropriate
  255  basic program The sum of the fractions for each program may not
  256  exceed the maximum value set forth in subsection (4).
  257         (II) A prekindergarten student with a disability shall meet
  258  the requirements specified for kindergarten students.
  259         (III) A full-time equivalent student for students in
  260  kindergarten through grade 12 in a full-time virtual instruction
  261  program under s. 1002.45 or a virtual charter school under s.
  262  1002.33 shall consist of six full-credit completions or the
  263  prescribed level of content that counts toward promotion to the
  264  next grade in programs listed in s. 1011.62(1)(c). Credit
  265  completions may be a combination of full-credit courses or half
  266  credit courses. Beginning in the 2014-2015 fiscal year, when s.
  267  1008.22(3)(g) is implemented, the reported full-time equivalent
  268  students and associated funding of students enrolled in courses
  269  requiring passage of an end-of-course assessment shall be
  270  adjusted after the student completes the end-of-course
  271  assessment.
  272         (IV) A full-time equivalent student for students in
  273  kindergarten through grade 12 in a part-time virtual instruction
  274  program under s. 1002.45 shall consist of six full-credit
  275  completions in programs listed in s. 1011.62(1)(c)1. and 3.
  276  Credit completions may be a combination of full-credit courses
  277  or half-credit courses. Beginning in the 2014-2015 fiscal year,
  278  when s. 1008.22(3)(g) is implemented, the reported full-time
  279  equivalent students and associated funding of students enrolled
  280  in courses requiring passage of an end-of-course assessment
  281  shall be adjusted after the student completes the end-of-course
  282  assessment.
  283         (V) A Florida Virtual School full-time equivalent student
  284  shall consist of six full-credit completions or the prescribed
  285  level of content that counts toward promotion to the next grade
  286  in the programs listed in s. 1011.62(1)(c)1. and 3. for students
  287  participating in kindergarten through grade 12 part-time virtual
  288  instruction and the programs listed in s. 1011.62(1)(c) for
  289  students participating in kindergarten through grade 12 full
  290  time virtual instruction. Credit completions may be a
  291  combination of full-credit courses or half-credit courses.
  292  Beginning in the 2014-2015 fiscal year, when s. 1008.22(3)(g) is
  293  implemented, the reported full-time equivalent students and
  294  associated funding of students enrolled in courses requiring
  295  passage of an end-of-course assessment shall be adjusted after
  296  the student completes the end-of-course assessment.
  297         (VI) Each successfully completed full-credit course earned
  298  through an online course delivered by a district other than the
  299  one in which the student resides shall be calculated as 1/6 FTE.
  300         (VII) Each successfully completed credit earned under the
  301  alternative high school course credit requirements authorized in
  302  s. 1002.375, which is not reported as a portion of the 900 net
  303  hours of instruction pursuant to subparagraph (1)(a)1., shall be
  304  calculated as 1/6 FTE.
  305         (VIII)(A) A full-time equivalent student for courses
  306  requiring a statewide, standardized end-of-course assessment
  307  pursuant to s. 1008.22(3)(c)2.a. shall be defined and reported
  308  based on the number of instructional hours as provided in this
  309  subsection for the first 3 years of administering the end-of
  310  course assessment. Beginning in the fourth year of administering
  311  the end-of-course assessment, the FTE shall be credit-based and
  312  each course shall be equal to 1/6 FTE. The reported FTE shall be
  313  adjusted after the student successfully completes the end-of
  314  course assessment pursuant to s. 1008.22(3)(c)2.a.
  315         (B) For students enrolled in a school district as a full
  316  time student, the district may report 1/6 FTE for each student
  317  who passes a statewide, standardized end-of-course assessment
  318  without being enrolled in the corresponding course.
  319         (C) The FTE earned under this sub-sub-subparagraph and any
  320  FTE for courses or programs listed in s. 1011.62(1)(c) that do
  321  not require passing a statewide, standardized end-of-course
  322  assessment are subject to the requirements in subsection (4).
  323         2. A student in membership in a program scheduled for more
  324  or less than 180 school days or the equivalent on an hourly
  325  basis as specified by rules of the State Board of Education is a
  326  fraction of a full-time equivalent membership equal to the
  327  number of instructional hours in membership divided by the
  328  appropriate number of hours set forth in subparagraph (a)1.;
  329  however, for the purposes of this subparagraph, membership in
  330  programs scheduled for more than 180 days is limited to students
  331  enrolled in juvenile justice education programs and the Florida
  332  Virtual School.
  333  
  334  The department shall determine and implement an equitable method
  335  of equivalent funding for experimental schools and for schools
  336  operating under emergency conditions, which schools have been
  337  approved by the department to operate for less than the minimum
  338  school day.
  339         Section 6. Paragraph (f) of subsection (1), subsection (5),
  340  paragraph (a) of subsection (9), and subsections (11), (12),
  341  (13), and (14) of section 1011.62, Florida Statutes, are amended
  342  to read:
  343         1011.62 Funds for operation of schools.—If the annual
  344  allocation from the Florida Education Finance Program to each
  345  district for operation of schools is not determined in the
  346  annual appropriations act or the substantive bill implementing
  347  the annual appropriations act, it shall be determined as
  348  follows:
  349         (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
  350  OPERATION.—The following procedure shall be followed in
  351  determining the annual allocation to each district for
  352  operation:
  353         (f) Supplemental academic instruction; categorical fund.—
  354         1. There is created a categorical fund to provide
  355  supplemental academic instruction to students in kindergarten
  356  through grade 12. This paragraph may be cited as the
  357  “Supplemental Academic Instruction Categorical Fund.”
  358         2. Categorical funds for supplemental academic instruction
  359  shall be allocated annually to each school district in the
  360  amount provided in the General Appropriations Act. These funds
  361  shall be in addition to the funds appropriated on the basis of
  362  FTE student membership in the Florida Education Finance Program
  363  and shall be included in the total potential funds of each
  364  district. These funds shall be used to provide supplemental
  365  academic instruction to students enrolled in the K-12 program.
  366  For the 2012-2013, and 2013-2014, and 2014-2015 fiscal years,
  367  each school district that has one or more of the 100 lowest
  368  performing elementary schools based on the state reading
  369  assessment shall use these funds, together with the funds
  370  provided in the district’s research-based reading instruction
  371  allocation and other available funds, to provide an additional
  372  hour of instruction beyond the normal school day for each day of
  373  the entire school year for intensive reading instruction for the
  374  students in each of these schools. This additional hour of
  375  instruction must be provided only by teachers or reading
  376  specialists who are effective in teaching reading. Students
  377  enrolled in these schools who have level 5 assessment scores may
  378  participate in the additional hour of instruction on an optional
  379  basis. Exceptional student education centers shall not be
  380  included in the 100 schools. After this requirement has been
  381  met, supplemental instruction strategies may include, but are
  382  not limited to: modified curriculum, reading instruction, after
  383  school instruction, tutoring, mentoring, class size reduction,
  384  extended school year, intensive skills development in summer
  385  school, and other methods for improving student achievement.
  386  Supplemental instruction may be provided to a student in any
  387  manner and at any time during or beyond the regular 180-day term
  388  identified by the school as being the most effective and
  389  efficient way to best help that student progress from grade to
  390  grade and to graduate.
  391         3. Effective with the 1999-2000 fiscal year, funding on the
  392  basis of FTE membership beyond the 180-day regular term shall be
  393  provided in the FEFP only for students enrolled in juvenile
  394  justice education programs or in education programs for
  395  juveniles placed in secure facilities or programs under s.
  396  985.19. Funding for instruction beyond the regular 180-day
  397  school year for all other K-12 students shall be provided
  398  through the supplemental academic instruction categorical fund
  399  and other state, federal, and local fund sources with ample
  400  flexibility for schools to provide supplemental instruction to
  401  assist students in progressing from grade to grade and
  402  graduating.
  403         4. The Florida State University School, as a lab school, is
  404  authorized to expend from its FEFP or Lottery Enhancement Trust
  405  Fund allocation the cost to the student of remediation in
  406  reading, writing, or mathematics for any graduate who requires
  407  remediation at a postsecondary educational institution.
  408         5. Beginning in the 1999-2000 school year, dropout
  409  prevention programs as defined in ss. 1003.52, 1003.53(1)(a),
  410  (b), and (c), and 1003.54 shall be included in group 1 programs
  411  under subparagraph (d)3.
  412         (5) DISCRETIONARY MILLAGE COMPRESSION SUPPLEMENT.—The
  413  Legislature shall prescribe in the General Appropriations Act,
  414  pursuant to s. 1011.71(1), the rate of nonvoted current
  415  operating discretionary millage that shall be used to calculate
  416  a discretionary millage compression supplement. If the
  417  prescribed millage generates an amount of funds per unweighted
  418  FTE for the district that is less than 105 percent of the state
  419  average, the district shall receive an amount per FTE that, when
  420  added to the funds per FTE generated by the designated levy,
  421  shall equal 105 percent of the state average.
  422         (9) RESEARCH-BASED READING INSTRUCTION ALLOCATION.—
  423         (a) The research-based reading instruction allocation is
  424  created to provide comprehensive reading instruction to students
  425  in kindergarten through grade 12. For the 2012-2013, and 2013
  426  2014, and 2014-2015 fiscal years, in each school district that
  427  has one or more of the 100 lowest-performing elementary schools
  428  based on the state reading assessment, priority shall be given
  429  to providing an additional hour per day of intensive reading
  430  instruction beyond the normal school day for each day of the
  431  entire school year for the students in each school. Students
  432  enrolled in these schools who have level 5 assessment scores may
  433  participate in the additional hour of instruction on an optional
  434  basis. Exceptional student education centers shall not be
  435  included in the 100 schools. The intensive reading instruction
  436  delivered in this additional hour and for other students shall
  437  include: research-based reading instruction that has been proven
  438  to accelerate progress of students exhibiting a reading
  439  deficiency; differentiated instruction based on student
  440  assessment data to meet students’ specific reading needs;
  441  explicit and systematic reading development in phonemic
  442  awareness, phonics, fluency, vocabulary, and comprehension, with
  443  more extensive opportunities for guided practice, error
  444  correction, and feedback; and the integration of social studies,
  445  science, and mathematics-text reading, text discussion, and
  446  writing in response to reading. For the 2012-2013 and 2013-2014
  447  fiscal years, a school district may not hire more reading
  448  coaches than were hired during the 2011-2012 fiscal year unless
  449  all students in kindergarten through grade 5 who demonstrate a
  450  reading deficiency, as determined by district and state
  451  assessments, including students scoring Level 1 or Level 2 on
  452  FCAT Reading, are provided an additional hour per day of
  453  intensive reading instruction beyond the normal school day for
  454  each day of the entire school year.
  455         (11) VIRTUAL EDUCATION CONTRIBUTION.—The Legislature may
  456  annually provide in the Florida Education Finance Program a
  457  virtual education contribution. The amount of the virtual
  458  education contribution shall be the difference between the
  459  amount per FTE established in the General Appropriations Act for
  460  virtual education and the amount per FTE for each district and
  461  the Florida Virtual School, which may be calculated by taking
  462  the sum of the base FEFP allocation, the discretionary local
  463  effort, the state-funded discretionary contribution, the
  464  discretionary millage compression supplement, the research-based
  465  reading instruction allocation, and the instructional materials
  466  allocation, and then dividing by the total unweighted FTE. This
  467  difference shall be multiplied by the virtual education
  468  unweighted FTE for programs and options identified in s.
  469  1002.455(3) and the Florida Virtual School and its franchises to
  470  equal the virtual education contribution and shall be included
  471  as a separate allocation in the funding formula.
  472         (11)(12) QUALITY ASSURANCE GUARANTEE.—The Legislature may
  473  annually in the General Appropriations Act determine a
  474  percentage increase in funds per K-12 unweighted FTE as a
  475  minimum guarantee to each school district. The guarantee shall
  476  be calculated from prior year base funding per unweighted FTE
  477  student which shall include the adjusted FTE dollars as provided
  478  in subsection (13), quality guarantee funds, and actual nonvoted
  479  discretionary local effort from taxes. From the base funding per
  480  unweighted FTE, the increase shall be calculated for the current
  481  year. The current year funds from which the guarantee shall be
  482  determined shall include the adjusted FTE dollars as provided in
  483  subsection (13) and potential nonvoted discretionary local
  484  effort from taxes. A comparison of current year funds per
  485  unweighted FTE to prior year funds per unweighted FTE shall be
  486  computed. For those school districts which have less than the
  487  legislatively assigned percentage increase, funds shall be
  488  provided to guarantee the assigned percentage increase in funds
  489  per unweighted FTE student. Should appropriated funds be less
  490  than the sum of this calculated amount for all districts, the
  491  commissioner shall prorate each district’s allocation. This
  492  provision shall be implemented to the extent specifically
  493  funded.
  494         (12)(13) TOTAL ALLOCATION OF STATE FUNDS TO EACH DISTRICT
  495  FOR CURRENT OPERATION.—The total annual state allocation to each
  496  district for current operation for the FEFP shall be distributed
  497  periodically in the manner prescribed in the General
  498  Appropriations Act.
  499         (a) If the funds appropriated for current operation of the
  500  FEFP are not sufficient to pay the state requirement in full,
  501  the department shall prorate the available state funds to each
  502  district in the following manner:
  503         1. Determine the percentage of proration by dividing the
  504  sum of the total amount for current operation, as provided in
  505  this paragraph for all districts collectively, and the total
  506  district required local effort into the sum of the state funds
  507  available for current operation and the total district required
  508  local effort.
  509         2. Multiply the percentage so determined by the sum of the
  510  total amount for current operation as provided in this paragraph
  511  and the required local effort for each individual district.
  512         3. From the product of such multiplication, subtract the
  513  required local effort of each district; and the remainder shall
  514  be the amount of state funds allocated to the district for
  515  current operation. However, no calculation subsequent to the
  516  appropriation shall result in negative state funds for any
  517  district.
  518         (b) The amount thus obtained shall be the net annual
  519  allocation to each school district. However, if it is determined
  520  that any school district received an underallocation or
  521  overallocation for any prior year because of an arithmetical
  522  error, assessment roll change required by final judicial
  523  decision, full-time equivalent student membership error, or any
  524  allocation error revealed in an audit report, the allocation to
  525  that district shall be appropriately adjusted. Beginning with
  526  audits for the 2001-2002 fiscal year, if the adjustment is the
  527  result of an audit finding in which group 2 FTE are reclassified
  528  to the basic program and the district weighted FTE are over the
  529  weighted enrollment ceiling for group 2 programs, the adjustment
  530  shall not result in a gain of state funds to the district.
  531  Beginning with the 2011-2012 fiscal year, if a special program
  532  cost factor is less than the basic program cost factor, an audit
  533  adjustment may not result in the reclassification of the special
  534  program FTE to the basic program FTE. If the Department of
  535  Education audit adjustment recommendation is based upon
  536  controverted findings of fact, the Commissioner of Education is
  537  authorized to establish the amount of the adjustment based on
  538  the best interests of the state.
  539         (c) The amount thus obtained shall represent the net annual
  540  state allocation to each district; however, notwithstanding any
  541  of the provisions herein, each district shall be guaranteed a
  542  minimum level of funding in the amount and manner prescribed in
  543  the General Appropriations Act.
  544         (13)(14) COMPUTATION OF PRIOR YEAR DISTRICT REQUIRED LOCAL
  545  EFFORT.—Calculations required in this section shall be based on
  546  95 percent of the taxable value for school purposes for fiscal
  547  years prior to the 2010-2011 fiscal year.
  548         Section 7. Subsections (1) and (3) of section 1011.71,
  549  Florida Statutes, are amended to read:
  550         1011.71 District school tax.—
  551         (1) If the district school tax is not provided in the
  552  General Appropriations Act or the substantive bill implementing
  553  the General Appropriations Act, each district school board
  554  desiring to participate in the state allocation of funds for
  555  current operation as prescribed by s. 1011.62(12) s. 1011.62(13)
  556  shall levy on the taxable value for school purposes of the
  557  district, exclusive of millage voted under the provisions of s.
  558  9(b) or s. 12, Art. VII of the State Constitution, a millage
  559  rate not to exceed the amount certified by the commissioner as
  560  the minimum millage rate necessary to provide the district
  561  required local effort for the current year, pursuant to s.
  562  1011.62(4)(a)1. In addition to the required local effort millage
  563  levy, each district school board may levy a nonvoted current
  564  operating discretionary millage. The Legislature shall prescribe
  565  annually in the appropriations act the maximum amount of millage
  566  a district may levy.
  567         (3)(a) Notwithstanding subsection (2), if the revenue from
  568  1.5 mills is insufficient to meet the payments due under a
  569  lease-purchase agreement entered into before June 30, 2009, by a
  570  district school board pursuant to paragraph (2)(e), or to meet
  571  other critical district fixed capital outlay needs, the board,
  572  in addition to the 1.5 mills, may levy up to 0.25 mills for
  573  fixed capital outlay in lieu of levying an equivalent amount of
  574  the discretionary mills for operations as provided in the
  575  General Appropriations Act. Millage levied pursuant to this
  576  subsection is subject to the provisions of s. 200.065 and,
  577  combined with the 1.5 mills authorized in subsection (2), may
  578  not exceed 1.75 mills. If the district chooses to use up to 0.25
  579  mills for fixed capital outlay, the compression adjustment
  580  pursuant to s. 1011.62(5) shall be calculated for the standard
  581  discretionary millage that is not eligible for transfer to
  582  capital outlay.
  583         (b) In addition to the millage authorized in this section,
  584  a district school board may, by a supermajority vote, levy an
  585  additional 0.25 mills for critical capital outlay needs if the
  586  average of the annual percent increase in the district’s capital
  587  outlay full-time equivalent student membership over the previous
  588  5 years is 2.5 percent or greater. The levy of this millage and
  589  expenditure of the funds is subject to the requirements of s.
  590  200.065 and this section Local funds generated by the additional
  591  0.25 mills authorized in paragraph (b) and state funds provided
  592  pursuant to s. 1011.62(5) may not be included in the calculation
  593  of the Florida Education Finance Program in 2011-2012 or any
  594  subsequent year and may not be incorporated in the calculation
  595  of any hold-harmless or other component of the Florida Education
  596  Finance Program in any year, except as provided in paragraph
  597  (c).
  598         (c) For the 2011-2012 and 2012-2013 fiscal years, the 0.25
  599  mills authorized in paragraph (b) may be levied by the districts
  600  in which it was authorized by the voters in the 2010 general
  601  election. If a district levies this voter-approved 0.25 mills
  602  for operations, a compression adjustment pursuant to s.
  603  1011.62(5) may be calculated and added to the district’s Florida
  604  Education Finance Program allocation, subject to determination
  605  in the General Appropriations Act.
  606         Section 8. Subsection (10) of section 1011.80, Florida
  607  Statutes, is amended to read:
  608         1011.80 Funds for operation of workforce education
  609  programs.—
  610         (10) A high school student dually enrolled under s.
  611  1007.271 in a workforce education program operated by a Florida
  612  College System institution or school district career center
  613  generates the amount calculated for workforce education funding,
  614  including any payment of performance funding, and the
  615  proportional share of full-time equivalent enrollment generated
  616  through the Florida Education Finance Program for the student’s
  617  enrollment in a high school. If a high school student is dually
  618  enrolled in a Florida College System institution program,
  619  including a program conducted at a high school, the Florida
  620  College System institution earns the funds generated for
  621  workforce education funding, and the school district earns the
  622  proportional share of full-time equivalent funding from the
  623  Florida Education Finance Program. If a student is dually
  624  enrolled in a career center operated by the same district as the
  625  district in which the student attends high school, that district
  626  earns the funds generated for workforce education funding and
  627  also earns the proportional share of full-time equivalent
  628  funding from the Florida Education Finance Program. If a student
  629  is dually enrolled in a workforce education program provided by
  630  a career center operated by a different school district, the
  631  funds must be divided between the two school districts
  632  proportionally from the two funding sources. A student may not
  633  be reported for funding in a dual enrollment workforce education
  634  program unless the student has completed the basic skills
  635  assessment pursuant to s. 1004.91. A student who is coenrolled
  636  in a K-12 education program and an adult education program may
  637  not be reported for purposes of funding in an adult education
  638  program, except that for the 2011-2012 and 2012-2013 fiscal
  639  years, students who are coenrolled in core curricula courses for
  640  credit recovery or dropout prevention purposes and who does do
  641  not have a pattern of excessive absenteeism or habitual truancy
  642  or a history of disruptive behavior in school may be reported
  643  for funding for up to two courses per student. Such students are
  644  exempt from the payment of the block tuition for adult general
  645  education programs provided in s. 1009.22(3)(c).
  646         Section 9. Paragraph (a) of subsection (3) of section
  647  1013.64, Florida Statutes, is amended to read:
  648         1013.64 Funds for comprehensive educational plant needs;
  649  construction cost maximums for school district capital
  650  projects.—Allocations from the Public Education Capital Outlay
  651  and Debt Service Trust Fund to the various boards for capital
  652  outlay projects shall be determined as follows:
  653         (3)(a) Each district school board shall receive an amount
  654  from the Public Education Capital Outlay and Debt Service Trust
  655  Fund to be calculated by computing the capital outlay full-time
  656  equivalent membership as determined by the department. Such
  657  membership must include, but is not limited to:
  658         1. K-12 students for whom the school district provides the
  659  educational facility, including district students receiving
  660  virtual education instruction in district facilities, except
  661  that hospital- and homebound part-time students are not
  662  included; and
  663         2. Students who are career education students, and adult
  664  disabled students and who are enrolled in school district career
  665  centers. The capital outlay full-time equivalent membership
  666  shall be determined for kindergarten through the 12th grade and
  667  for career centers by averaging the unweighted full-time
  668  equivalent student membership for the second and third surveys
  669  and comparing the results on a school-by-school basis with the
  670  Florida Inventory for School Houses. The capital outlay full
  671  time equivalent membership by grade level organization shall be
  672  used in making the following calculations: The capital outlay
  673  full-time equivalent membership by grade level organization for
  674  the 4th prior year must be used to compute the base-year
  675  allocation. The capital outlay full-time equivalent membership
  676  by grade-level organization for the prior year must be used to
  677  compute the growth over the highest of the 3 years preceding the
  678  prior year. From the total amount appropriated by the
  679  Legislature pursuant to this subsection, 40 percent shall be
  680  allocated among the base capital outlay full-time equivalent
  681  membership and 60 percent among the growth capital outlay full
  682  time equivalent membership. The allocation within each of these
  683  groups shall be prorated to the districts based upon each
  684  district’s percentage of base and growth capital outlay full
  685  time membership. The most recent 4-year capital outlay full-time
  686  equivalent membership data shall be used in each subsequent
  687  year’s calculation for the allocation of funds pursuant to this
  688  subsection. If a change, correction, or recomputation of data
  689  during any year results in a reduction or increase of the
  690  calculated amount previously allocated to a district, the
  691  allocation to that district shall be adjusted correspondingly.
  692  If such recomputation results in an increase or decrease of the
  693  calculated amount, such additional or reduced amounts shall be
  694  added to or reduced from the district’s future appropriations.
  695  However, no change, correction, or recomputation of data shall
  696  be made subsequent to 2 years following the initial annual
  697  allocation.
  698         Section 10. Notwithstanding the required review by the
  699  Legislative Budget Commission pursuant to s. 1003.03(4)(c),
  700  Florida Statutes, for the 2012-2013 fiscal year, the alternate
  701  compliance calculation amounts to the class size operating
  702  categorical fund authorized by s. 1003.03(4)(c), Florida
  703  Statutes, shall be the reduction calculation required by s.
  704  1003.03(4), Florida Statutes. The Commissioner of Education
  705  shall modify payments to districts as required by s. 1003.03(4),
  706  Florida Statutes, for the 2012-2013 fiscal year. This section
  707  shall take effect upon this act becoming a law.
  708         Section 11. Except as otherwise expressly provided in this
  709  act and except for this section, which shall take effect upon
  710  becoming a law, this act shall take effect July 1, 2013.