Florida Senate - 2016                                    SB 1284
       
       
        
       By Senator Hukill
       
       8-01154A-16                                           20161284__
    1                        A bill to be entitled                      
    2         An act relating to the district cost differential;
    3         amending s. 1011.62, F.S., relating to funds for the
    4         operation of schools; deleting the district cost
    5         differential used in determining the annual allocation
    6         to school districts from the Florida Education Finance
    7         Program; conforming cross-references and provisions;
    8         amending ss. 110.1228, 213.053, 218.67, 402.22,
    9         985.686, 1001.215, 1002.37, 1002.385, 1002.39,
   10         1002.45, 1002.71, 1003.03, 1003.52, 1003.621,
   11         1004.935, 1010.20, 1011.02, 1011.71, 1011.84, 1012.44,
   12         and 1012.64, F.S.; conforming cross-references;
   13         conforming provisions relating to information received
   14         by the Department of Revenue in connection with the
   15         administration of taxes, the Florida Virtual School,
   16         Florida personal learning scholarship accounts, the
   17         John M. McKay Scholarships for Students with
   18         Disabilities Program, the Voluntary Prekindergarten
   19         Education Program, maximum class size, educational
   20         services in Department of Juvenile Justice programs,
   21         the Adults with Disabilities Workforce Education Pilot
   22         Program, and the procedure for determining state
   23         financial support and annual apportionment of state
   24         funds to Florida College System institution districts;
   25         providing an effective date.
   26          
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Subsections (2) and (3), paragraph (a) of
   30  present subsection (4), paragraphs (b) and (d) of subsection
   31  (6), and subsections (8), (10), and (13) of section 1011.62,
   32  Florida Statutes, are amended to read:
   33         1011.62 Funds for operation of schools.—If the annual
   34  allocation from the Florida Education Finance Program to each
   35  district for operation of schools is not determined in the
   36  annual appropriations act or the substantive bill implementing
   37  the annual appropriations act, it shall be determined as
   38  follows:
   39         (2)DETERMINATION OF DISTRICT COST DIFFERENTIALS.—The
   40  Commissioner of Education shall annually compute for each
   41  district the current year’s district cost differential. The
   42  district cost differential shall be calculated by adding each
   43  district’s price level index as published in the Florida Price
   44  Level Index for the most recent 3 years and dividing the
   45  resulting sum by 3. The result for each district shall be
   46  multiplied by 0.008 and to the resulting product shall be added
   47  0.200; the sum thus obtained shall be the cost differential for
   48  that district for that year.
   49         (2)(3) INSERVICE EDUCATIONAL PERSONNEL TRAINING
   50  EXPENDITURE.—Of the amount computed in subsection subsections
   51  (1) and (2), a percentage of the base student allocation per
   52  full-time equivalent student or other funds shall be expended
   53  for educational training programs as determined by the district
   54  school board as provided in s. 1012.98.
   55         (3)(4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.—The
   56  Legislature shall prescribe the aggregate required local effort
   57  for all school districts collectively as an item in the General
   58  Appropriations Act for each fiscal year. The amount that each
   59  district shall provide annually toward the cost of the Florida
   60  Education Finance Program for kindergarten through grade 12
   61  programs shall be calculated as follows:
   62         (a) Estimated taxable value calculations.—
   63         1.a. Not later than 2 working days prior to July 19, the
   64  Department of Revenue shall certify to the Commissioner of
   65  Education its most recent estimate of the taxable value for
   66  school purposes in each school district and the total for all
   67  school districts in the state for the current calendar year
   68  based on the latest available data obtained from the local
   69  property appraisers. The value certified shall be the taxable
   70  value for school purposes for that year, and no further
   71  adjustments shall be made, except those made pursuant to
   72  paragraphs (c) and (d), or an assessment roll change required by
   73  final judicial decisions as specified in paragraph (13)(b)
   74  (14)(b). Not later than July 19, the Commissioner of Education
   75  shall compute a millage rate, rounded to the next highest one
   76  one-thousandth of a mill, which, when applied to 96 percent of
   77  the estimated state total taxable value for school purposes,
   78  would generate the prescribed aggregate required local effort
   79  for that year for all districts. The Commissioner of Education
   80  shall certify to each district school board the millage rate,
   81  computed as prescribed in this subparagraph, as the minimum
   82  millage rate necessary to provide the district required local
   83  effort for that year.
   84         b. The General Appropriations Act shall direct the
   85  computation of the statewide adjusted aggregate amount for
   86  required local effort for all school districts collectively from
   87  ad valorem taxes to ensure that no school district’s revenue
   88  from required local effort millage will produce more than 90
   89  percent of the district’s total Florida Education Finance
   90  Program calculation as calculated and adopted by the
   91  Legislature, and the adjustment of the required local effort
   92  millage rate of each district that produces more than 90 percent
   93  of its total Florida Education Finance Program entitlement to a
   94  level that will produce only 90 percent of its total Florida
   95  Education Finance Program entitlement in the July calculation.
   96         2. On the same date as the certification in sub
   97  subparagraph 1.a., the Department of Revenue shall certify to
   98  the Commissioner of Education for each district:
   99         a. Each year for which the property appraiser has certified
  100  the taxable value pursuant to s. 193.122(2) or (3), if
  101  applicable, since the prior certification under sub-subparagraph
  102  1.a.
  103         b. For each year identified in sub-subparagraph a., the
  104  taxable value certified by the appraiser pursuant to s.
  105  193.122(2) or (3), if applicable, since the prior certification
  106  under sub-subparagraph 1.a. This is the certification that
  107  reflects all final administrative actions of the value
  108  adjustment board.
  109         (5)(6) CATEGORICAL FUNDS.—
  110         (b) If a district school board finds and declares in a
  111  resolution adopted at a regular meeting of the school board that
  112  the funds received for any of the following categorical
  113  appropriations are urgently needed to maintain school board
  114  specified academic classroom instruction, the school board may
  115  consider and approve an amendment to the school district
  116  operating budget transferring the identified amount of the
  117  categorical funds to the appropriate account for expenditure:
  118         1. Funds for student transportation.
  119         2. Funds for safe schools.
  120         3. Funds for supplemental academic instruction if the
  121  required additional hour of instruction beyond the normal school
  122  day for each day of the entire school year has been provided for
  123  the students in each low-performing elementary school in the
  124  district pursuant to paragraph (1)(f).
  125         4. Funds for research-based reading instruction if the
  126  required additional hour of instruction beyond the normal school
  127  day for each day of the entire school year has been provided for
  128  the students in each low-performing elementary school in the
  129  district pursuant to paragraph (8)(a) (9)(a).
  130         5. Funds for instructional materials if all instructional
  131  material purchases necessary to provide updated materials that
  132  are aligned with applicable state standards and course
  133  descriptions and that meet statutory requirements of content and
  134  learning have been completed for that fiscal year, but no sooner
  135  than March 1. Funds available after March 1 may be used to
  136  purchase hardware for student instruction.
  137         (d) If a district school board transfers funds from its
  138  research-based reading instruction allocation, the board must
  139  also submit to the Department of Education an amendment
  140  describing the changes that the district is making to its
  141  reading plan approved pursuant to paragraph (8)(d) (9)(d).
  142         (7)(8) DECLINE IN FULL-TIME EQUIVALENT STUDENTS.—In those
  143  districts where there is a decline between prior year and
  144  current year unweighted FTE students, a percentage of the
  145  decline in the unweighted FTE students as determined by the
  146  Legislature shall be multiplied by the prior year calculated
  147  FEFP per unweighted FTE student and shall be added to the
  148  allocation for that district. For this purpose, the calculated
  149  FEFP shall be computed by multiplying the weighted FTE students
  150  by the base student allocation and then by the district cost
  151  differential. If a district transfers a program to another
  152  institution not under the authority of the district’s school
  153  board, including a charter technical career center, the decline
  154  is to be multiplied by a factor of 0.15. However, if the funds
  155  provided for the Florida Education Finance Program in the
  156  General Appropriations Act for any fiscal year are reduced by a
  157  subsequent appropriation for that fiscal year, the percent of
  158  the decline in the unweighted FTE students to be funded shall be
  159  determined by the Legislature and designated in the subsequent
  160  appropriation.
  161         (9)(10) CALCULATION OF SUPPLEMENTAL ALLOCATION FOR JUVENILE
  162  JUSTICE EDUCATION PROGRAMS.—The total K-12 weighted full-time
  163  equivalent student membership in juvenile justice education
  164  programs in each school district shall be multiplied by the
  165  amount of the state average class-size-reduction factor
  166  multiplied by the district’s cost differential. An amount equal
  167  to the sum of this calculation shall be allocated in the FEFP to
  168  each school district to supplement other sources of funding for
  169  students in juvenile justice education programs.
  170         (12)(13) QUALITY ASSURANCE GUARANTEE.—The Legislature may
  171  annually in the General Appropriations Act determine a
  172  percentage increase in funds per K-12 unweighted FTE as a
  173  minimum guarantee to each school district. The guarantee shall
  174  be calculated from prior year base funding per unweighted FTE
  175  student which shall include the adjusted FTE dollars as provided
  176  in subsection (13) (14), quality guarantee funds, and actual
  177  nonvoted discretionary local effort from taxes. From the base
  178  funding per unweighted FTE, the increase shall be calculated for
  179  the current year. The current year funds from which the
  180  guarantee shall be determined shall include the adjusted FTE
  181  dollars as provided in subsection (13) (14) and potential
  182  nonvoted discretionary local effort from taxes. A comparison of
  183  current year funds per unweighted FTE to prior year funds per
  184  unweighted FTE shall be computed. For those school districts
  185  which have less than the legislatively assigned percentage
  186  increase, funds shall be provided to guarantee the assigned
  187  percentage increase in funds per unweighted FTE student. Should
  188  appropriated funds be less than the sum of this calculated
  189  amount for all districts, the commissioner shall prorate each
  190  district’s allocation. This provision shall be implemented to
  191  the extent specifically funded.
  192         Section 2. Paragraph (a) of subsection (1) of section
  193  110.1228, Florida Statutes, is amended to read:
  194         110.1228 Participation by small counties, small
  195  municipalities, and district school boards located in small
  196  counties.—
  197         (1) As used in this section, the term:
  198         (a) “District school board” means a district school board
  199  located in a small county or a district school board that
  200  receives funding pursuant to s. 1011.62(6) 1011.62(7).
  201         Section 3. Paragraphs (a) and (d) of subsection (7) of
  202  section 213.053, Florida Statutes, are amended to read:
  203         213.053 Confidentiality and information sharing.—
  204         (7)(a) Any information received by the Department of
  205  Revenue in connection with the administration of taxes,
  206  including, but not limited to, information contained in returns,
  207  reports, accounts, or declarations filed by persons subject to
  208  tax, shall be made available to the following in performance of
  209  their official duties:
  210         1. The Auditor General or his or her authorized agent;
  211         2. The director of the Office of Program Policy Analysis
  212  and Government Accountability or his or her authorized agent;
  213         3. The Chief Financial Officer or his or her authorized
  214  agent;
  215         4. The Director of the Office of Insurance Regulation of
  216  the Financial Services Commission or his or her authorized
  217  agent;
  218         5. A property appraiser or tax collector or their
  219  authorized agents pursuant to s. 195.084(1);
  220         6.Designated employees of the Department of Education
  221  solely for determination of each school district’s price level
  222  index pursuant to s. 1011.62(2); and
  223         6.7. The executive director of the Department of Economic
  224  Opportunity or his or her authorized agent.
  225         (d)For the purpose of this subsection, “designated
  226  employees of the Department of Education” means only those
  227  employees directly responsible for calculation of price level
  228  indices pursuant to s. 1011.62(2). It does not include the
  229  supervisors of such employees or any other employees or elected
  230  officials within the Department of Education.
  231         Section 4. Subsections (1) and (3) of section 218.67,
  232  Florida Statutes, are amended to read:
  233         218.67 Distribution for fiscally constrained counties.—
  234         (1) Each county that is entirely within a rural area of
  235  opportunity as designated by the Governor pursuant to s.
  236  288.0656 or each county for which the value of a mill will raise
  237  no more than $5 million in revenue, based on the taxable value
  238  certified pursuant to s. 1011.62(3)(a)1.a. 1011.62(4)(a)1.a.,
  239  from the previous July 1, shall be considered a fiscally
  240  constrained county.
  241         (3) The amount to be distributed to each fiscally
  242  constrained county shall be determined by the Department of
  243  Revenue at the beginning of the fiscal year, using the prior
  244  fiscal year’s July 1 taxable value certified pursuant to s.
  245  1011.62(3)(a)1.a. 1011.62(4)(a)1.a., tax data, population as
  246  defined in s. 218.21, and millage rate levied for the prior
  247  fiscal year. The amount distributed shall be allocated based
  248  upon the following factors:
  249         (a) The relative revenue-raising-capacity factor shall be
  250  the ability of the eligible county to generate ad valorem
  251  revenues from 1 mill of taxation on a per capita basis. A county
  252  that raises no more than $25 per capita from 1 mill shall be
  253  assigned a value of 1; a county that raises more than $25 but no
  254  more than $30 per capita from 1 mill shall be assigned a value
  255  of 0.75; and a county that raises more than $30 but no more than
  256  $50 per capita from 1 mill shall be assigned a value of 0.5. No
  257  value shall be assigned to counties that raise more than $50 per
  258  capita from 1 mill of ad valorem taxation.
  259         (b) The local-effort factor shall be a measure of the
  260  relative level of local effort of the eligible county as
  261  indicated by the millage rate levied for the prior fiscal year.
  262  The local-effort factor shall be the most recently adopted
  263  countywide operating millage rate for each eligible county
  264  multiplied by 0.1.
  265         (c) Each eligible county’s proportional allocation of the
  266  total amount available to be distributed to all of the eligible
  267  counties shall be in the same proportion as the sum of the
  268  county’s two factors is to the sum of the two factors for all
  269  eligible counties. The counties that are eligible to receive an
  270  allocation under this subsection and the amount available to be
  271  distributed to such counties shall not include counties
  272  participating in the phaseout period under subsection (4) or the
  273  amounts they remain eligible to receive during the phaseout.
  274         Section 5. Subsection (6) of section 402.22, Florida
  275  Statutes, is amended to read:
  276         402.22 Education program for students who reside in
  277  residential care facilities operated by the Department of
  278  Children and Families or the Agency for Persons with
  279  Disabilities.—
  280         (6) Notwithstanding the provisions of s. 1001.42(4)(n), the
  281  educational program at the Marianna Sunland Center in Jackson
  282  County shall be operated by the Department of Education, either
  283  directly or through grants or contractual agreements with other
  284  public educational agencies. The annual state allocation to any
  285  such agency shall be computed pursuant to s. 1011.62(1), (2),
  286  and (5) (6) and allocated in the amount that would have been
  287  provided the local school district in which the residential
  288  facility is located.
  289         Section 6. Paragraph (b) of subsection (2) of section
  290  985.686, Florida Statutes, is amended to read:
  291         985.686 Shared county and state responsibility for juvenile
  292  detention.—
  293         (2) As used in this section, the term:
  294         (b) “Fiscally constrained county” means a county within a
  295  rural area of opportunity as designated by the Governor pursuant
  296  to s. 288.0656 or each county for which the value of a mill will
  297  raise no more than $5 million in revenue, based on the certified
  298  school taxable value certified pursuant to s. 1011.62(3)(a)1.a.
  299  1011.62(4)(a)1.a., from the previous July 1.
  300         Section 7. Subsections (5) and (6) of section 1001.215,
  301  Florida Statutes, are amended to read:
  302         1001.215 Just Read, Florida! Office.—There is created in
  303  the Department of Education the Just Read, Florida! Office. The
  304  office shall be fully accountable to the Commissioner of
  305  Education and shall:
  306         (5) Provide technical assistance to school districts in the
  307  development and implementation of district plans for use of the
  308  research-based reading instruction allocation provided in s.
  309  1011.62(8) 1011.62(9) and annually review and approve such
  310  plans.
  311         (6) Review, evaluate, and provide technical assistance to
  312  school districts’ implementation of the K-12 comprehensive
  313  reading plan required in s. 1011.62(8) 1011.62(9).
  314         Section 8. Paragraph (e) of subsection (3) of section
  315  1002.37, Florida Statutes, is amended to read:
  316         1002.37 The Florida Virtual School.—
  317         (3) Funding for the Florida Virtual School shall be
  318  provided as follows:
  319         (e)The district cost differential as provided in s.
  320  1011.62(2) shall be established as 1.000.
  321         Section 9. Paragraph (a) of subsection (13) of section
  322  1002.385, Florida Statutes, is amended to read:
  323         1002.385 Florida personal learning scholarship accounts.—
  324         (13) FUNDING AND PAYMENT.—
  325         (a)1. The maximum funding amount granted for an eligible
  326  student with a disability, pursuant to subsection (3), shall be
  327  equivalent to the base student allocation in the Florida
  328  Education Finance Program multiplied by the appropriate cost
  329  factor for the educational program which would have been
  330  provided for the student in the district school to which he or
  331  she would have been assigned, multiplied by the district cost
  332  differential.
  333         2. In addition, an amount equivalent to a share of the
  334  guaranteed allocation for exceptional students in the Florida
  335  Education Finance Program shall be determined and added to the
  336  amount in subparagraph 1. The calculation shall be based on the
  337  methodology and the data used to calculate the guaranteed
  338  allocation for exceptional students for each district in chapter
  339  2000-166, Laws of Florida. Except as provided in subparagraph
  340  3., the calculation shall be based on the student’s grade, the
  341  matrix level of services, and the difference between the 2000
  342  2001 basic program and the appropriate level of services cost
  343  factor, multiplied by the 2000-2001 base student allocation and
  344  the 2000-2001 district cost differential for the sending
  345  district. The calculated amount must also include an amount
  346  equivalent to the per-student share of supplemental academic
  347  instruction funds, instructional materials funds, technology
  348  funds, and other categorical funds as provided in the General
  349  Appropriations Act.
  350         3. Except as otherwise provided, the calculation for all
  351  students participating in the program shall be based on the
  352  matrix that assigns the student to support Level III of
  353  services. If a parent chooses to request and receive a matrix of
  354  services from the school district, when the school district
  355  completes the matrix, the amount of the payment shall be
  356  adjusted as needed.
  357         Section 10. Paragraph (a) of subsection (10) of section
  358  1002.39, Florida Statutes, is amended to read:
  359         1002.39 The John M. McKay Scholarships for Students with
  360  Disabilities Program.—There is established a program that is
  361  separate and distinct from the Opportunity Scholarship Program
  362  and is named the John M. McKay Scholarships for Students with
  363  Disabilities Program.
  364         (10) JOHN M. MCKAY SCHOLARSHIP FUNDING AND PAYMENT.—
  365         (a)1. The maximum scholarship granted for an eligible
  366  student with disabilities shall be equivalent to the base
  367  student allocation in the Florida Education Finance Program
  368  multiplied by the appropriate cost factor for the educational
  369  program that would have been provided for the student in the
  370  district school to which he or she was assigned, multiplied by
  371  the district cost differential.
  372         2. In addition, a share of the guaranteed allocation for
  373  exceptional students shall be determined and added to the amount
  374  in subparagraph 1. The calculation shall be based on the
  375  methodology and the data used to calculate the guaranteed
  376  allocation for exceptional students for each district in chapter
  377  2000-166, Laws of Florida. Except as provided in subparagraphs
  378  3. and 4., the calculation shall be based on the student’s
  379  grade, matrix level of services, and the difference between the
  380  2000-2001 basic program and the appropriate level of services
  381  cost factor, multiplied by the 2000-2001 base student allocation
  382  and the 2000-2001 district cost differential for the sending
  383  district. The calculated amount shall include the per-student
  384  share of supplemental academic instruction funds, instructional
  385  materials funds, technology funds, and other categorical funds
  386  as provided in the General Appropriations Act.
  387         3. The scholarship amount for a student who is eligible
  388  under sub-subparagraph (2)(a)2.b. shall be calculated as
  389  provided in subparagraphs 1. and 2. However, the calculation
  390  shall be based on the school district in which the parent
  391  resides at the time of the scholarship request.
  392         4. Until the school district completes the matrix required
  393  by paragraph (5)(b), the calculation shall be based on the
  394  matrix that assigns the student to support Level I of service as
  395  it existed prior to the 2000-2001 school year. When the school
  396  district completes the matrix, the amount of the payment shall
  397  be adjusted as needed.
  398         5. The scholarship amount for a student eligible under s.
  399  504 of the Rehabilitation Act of 1973 shall be based on the
  400  program cost factor the student currently generates through the
  401  Florida Education Finance Program.
  402         Section 11. Paragraph (b) of subsection (1) of section
  403  1002.45, Florida Statutes, is amended to read:
  404         1002.45 Virtual instruction programs.—
  405         (1) PROGRAM.—
  406         (b) Each school district that is eligible for the sparsity
  407  supplement pursuant to s. 1011.62(6)(a) and (b) 1011.62(7)(a)
  408  and (b) shall provide all enrolled public school students within
  409  its boundaries the option of participating in part-time and
  410  full-time virtual instruction programs. Each school district
  411  that is not eligible for the sparsity supplement pursuant to s.
  412  1011.62(6)(a) and (b) 1011.62(7)(a) and (b) shall provide at
  413  least three options for part-time and full-time virtual
  414  instruction. All school districts must provide parents with
  415  timely written notification of at least one open enrollment
  416  period for full-time students of 90 days or more which ends 30
  417  days before the first day of the school year. The purpose of the
  418  program is to make quality virtual instruction available to
  419  students using online and distance learning technology in the
  420  nontraditional classroom. A school district virtual instruction
  421  program shall consist of the following:
  422         1. Full-time and part-time virtual instruction for students
  423  enrolled in kindergarten through grade 12.
  424         2. Full-time or part-time virtual instruction for students
  425  enrolled in dropout prevention and academic intervention
  426  programs under s. 1003.53, Department of Juvenile Justice
  427  education programs under s. 1003.52, core-curricula courses to
  428  meet class size requirements under s. 1003.03, or Florida
  429  College System institutions under this section.
  430         Section 12. Paragraph (b) of subsection (3) of section
  431  1002.71, Florida Statutes, is amended to read:
  432         1002.71 Funding; financial and attendance reporting.—
  433         (3)
  434         (b) Each county’s allocation per full-time equivalent
  435  student in the Voluntary Prekindergarten Education Program shall
  436  be calculated annually by multiplying the base student
  437  allocation provided in the General Appropriations Act by the
  438  county’s district cost differential provided in s. 1011.62(2).
  439  Each private prekindergarten provider and public school shall be
  440  paid in accordance with the county’s allocation per full-time
  441  equivalent student.
  442         Section 13. Paragraph (a) of subsection (4) of section
  443  1003.03, Florida Statutes, is amended to read:
  444         1003.03 Maximum class size.—
  445         (4) ACCOUNTABILITY.—
  446         (a) If the department determines that the number of
  447  students assigned to any individual class exceeds the class size
  448  maximum, as required in subsection (1), based upon the October
  449  student membership survey, the department shall:
  450         1. Identify, for each grade group, the number of classes in
  451  which the number of students exceeds the maximum and the total
  452  number of students which exceeds the maximum for all classes.
  453         2. Determine the number of FTE students which exceeds the
  454  maximum for each grade group.
  455         3. Multiply the total number of FTE students which exceeds
  456  the maximum for each grade group by the district’s FTE dollar
  457  amount of the class size categorical allocation for that year
  458  and calculate the total for all three grade groups.
  459         4. Multiply the total number of FTE students which exceeds
  460  the maximum for all classes by an amount equal to 50 percent of
  461  the base student allocation adjusted by the district cost
  462  differential for each of the 2010-2011 through 2013-2014 fiscal
  463  years and by an amount equal to the base student allocation
  464  adjusted by the district cost differential in the 2014-2015
  465  fiscal year and thereafter.
  466         5. Reduce the district’s class size categorical allocation
  467  by an amount equal to the sum of the calculations in
  468  subparagraphs 3. and 4.
  469         Section 14. Paragraph (a) of subsection (13) of section
  470  1003.52, Florida Statutes, is amended to read:
  471         1003.52 Educational services in Department of Juvenile
  472  Justice programs.—
  473         (13)(a) Funding for eligible students enrolled in juvenile
  474  justice education programs shall be provided through the Florida
  475  Education Finance Program as provided in s. 1011.62 and the
  476  General Appropriations Act. Funding shall include, at a minimum:
  477         1. Weighted program funding or the basic amount for current
  478  operation multiplied by the district cost differential as
  479  provided in s. 1011.62(2);
  480         2. The supplemental allocation for juvenile justice
  481  education as provided in s. 1011.62(9) 1011.62(10);
  482         3. A proportionate share of the district’s exceptional
  483  student education guaranteed allocation, the supplemental
  484  academic instruction allocation, and the instructional materials
  485  allocation;
  486         4. An amount equivalent to the proportionate share of the
  487  state average potential discretionary local effort for
  488  operations, which shall be determined as follows:
  489         a. If the district levies the maximum discretionary local
  490  effort and the district’s discretionary local effort per FTE is
  491  less than the state average potential discretionary local effort
  492  per FTE, the proportionate share shall include both the
  493  discretionary local effort and the compression supplement per
  494  FTE. If the district’s discretionary local effort per FTE is
  495  greater than the state average per FTE, the proportionate share
  496  shall be equal to the state average; or
  497         b. If the district does not levy the maximum discretionary
  498  local effort and the district’s actual discretionary local
  499  effort per FTE is less than the state average potential
  500  discretionary local effort per FTE, the proportionate share
  501  shall be equal to the district’s actual discretionary local
  502  effort per FTE. If the district’s actual discretionary local
  503  effort per FTE is greater than the state average per FTE, the
  504  proportionate share shall be equal to the state average
  505  potential local effort per FTE; and
  506         5. A proportionate share of the district’s proration to
  507  funds available, if necessary.
  508         Section 15. Paragraph (g) of subsection (2) of section
  509  1003.621, Florida Statutes, is amended to read:
  510         1003.621 Academically high-performing school districts.—It
  511  is the intent of the Legislature to recognize and reward school
  512  districts that demonstrate the ability to consistently maintain
  513  or improve their high-performing status. The purpose of this
  514  section is to provide high-performing school districts with
  515  flexibility in meeting the specific requirements in statute and
  516  rules of the State Board of Education.
  517         (2) COMPLIANCE WITH STATUTES AND RULES.—Each academically
  518  high-performing school district shall comply with all of the
  519  provisions in chapters 1000-1013, and rules of the State Board
  520  of Education which implement these provisions, pertaining to the
  521  following:
  522         (g) Those statutes pertaining to planning and budgeting,
  523  including chapter 1011, except s. 1011.62(8)(d) 1011.62(9)(d),
  524  relating to the requirement for a comprehensive reading plan. A
  525  district that is exempt from submitting this plan shall be
  526  deemed approved to receive the research-based reading
  527  instruction allocation.
  528         Section 16. Subsection (7) of section 1004.935, Florida
  529  Statutes, is amended to read:
  530         1004.935 Adults with Disabilities Workforce Education Pilot
  531  Program.—
  532         (7) Funds for the scholarship shall be provided from the
  533  appropriation from the school district’s Workforce Development
  534  Fund in the General Appropriations Act for students who reside
  535  in the Hardee County School District, the DeSoto County School
  536  District, the Manatee County School District, or the Sarasota
  537  County School District. During the pilot program, the
  538  scholarship amount granted for an eligible student with a
  539  disability shall be equal to the cost per unit of a full-time
  540  equivalent adult general education student, multiplied by the
  541  adult general education funding factor, and multiplied by the
  542  district cost differential pursuant to the formula required by
  543  s. 1011.80(6)(a) for the district in which the student resides.
  544         Section 17. Paragraph (a) of subsection (2) and paragraph
  545  (b) of subsection (3) of section 1010.20, Florida Statutes, are
  546  amended to read:
  547         1010.20 Cost accounting and reporting for school
  548  districts.—
  549         (2) COST REPORTING.—
  550         (a) Each district shall report on a district-aggregate
  551  basis expenditures for inservice training pursuant to s.
  552  1011.62(2) 1011.62(3) and for categorical programs as provided
  553  in s. 1011.62(5) 1011.62(6).
  554         (3) PROGRAM EXPENDITURE REQUIREMENTS.—
  555         (b) Funds for inservice training established in s.
  556  1011.62(2) 1011.62(3) and for categorical programs established
  557  in s. 1011.62(5) 1011.62(6) shall be expended for the costs of
  558  the identified programs as provided by law and in accordance
  559  with the rules of the State Board of Education.
  560         Section 18. Subsection (3) of section 1011.02, Florida
  561  Statutes, is amended to read:
  562         1011.02 District school boards to adopt tentative budget.—
  563         (3) The proposed budget shall include an amount for local
  564  required effort for current operation, in accordance with the
  565  requirements of s. 1011.62(3) 1011.62(4).
  566         Section 19. Subsections (1), (3), and (8) of section
  567  1011.71, Florida Statutes, are amended to read:
  568         1011.71 District school tax.—
  569         (1) If the district school tax is not provided in the
  570  General Appropriations Act or the substantive bill implementing
  571  the General Appropriations Act, each district school board
  572  desiring to participate in the state allocation of funds for
  573  current operation as prescribed by s. 1011.62(13) 1011.62(14)
  574  shall levy on the taxable value for school purposes of the
  575  district, exclusive of millage voted under the provisions of s.
  576  9(b) or s. 12, Art. VII of the State Constitution, a millage
  577  rate not to exceed the amount certified by the commissioner as
  578  the minimum millage rate necessary to provide the district
  579  required local effort for the current year, pursuant to s.
  580  1011.62(3)(a)1 1011.62(4)(a)1. In addition to the required local
  581  effort millage levy, each district school board may levy a
  582  nonvoted current operating discretionary millage. The
  583  Legislature shall prescribe annually in the appropriations act
  584  the maximum amount of millage a district may levy.
  585         (3) Notwithstanding subsection (2), if the revenue from 1.5
  586  mills is insufficient to meet the payments due under a lease
  587  purchase agreement entered into before June 30, 2009, by a
  588  district school board pursuant to paragraph (2)(e), or to meet
  589  other critical district fixed capital outlay needs, the board,
  590  in addition to the 1.5 mills, may levy up to 0.25 mills for
  591  fixed capital outlay in lieu of levying an equivalent amount of
  592  the discretionary mills for operations as provided in the
  593  General Appropriations Act. Millage levied pursuant to this
  594  subsection is subject to the provisions of s. 200.065 and,
  595  combined with the 1.5 mills authorized in subsection (2), may
  596  not exceed 1.75 mills. If the district chooses to use up to 0.25
  597  mills for fixed capital outlay, the compression adjustment
  598  pursuant to s. 1011.62(4) 1011.62(5) shall be calculated for the
  599  standard discretionary millage that is not eligible for transfer
  600  to capital outlay.
  601         (8) Nothing in s. 1011.62(3)(a)1. 1011.62(4)(a)1. shall in
  602  any way be construed to increase the maximum school millage
  603  levies as provided for in subsection (1).
  604         Section 20. Paragraph (b) of subsection (3) of section
  605  1011.84, Florida Statutes, is amended to read:
  606         1011.84 Procedure for determining state financial support
  607  and annual apportionment of state funds to each Florida College
  608  System institution district.—The procedure for determining state
  609  financial support and the annual apportionment to each Florida
  610  College System institution district authorized to operate a
  611  Florida College System institution under the provisions of s.
  612  1001.61 shall be as follows:
  613         (3) DETERMINING THE APPORTIONMENT FROM STATE FUNDS.—
  614         (b) The apportionment to each Florida College System
  615  institution from the Florida College System Program Fund shall
  616  be determined annually in the General Appropriations Act. In
  617  determining each college’s apportionment, the Legislature shall
  618  consider the following components:
  619         1. Base budget, which includes the state appropriation to
  620  the Florida College System Program Fund in the current year plus
  621  the related student tuition and out-of-state fees assigned in
  622  the current General Appropriations Act.
  623         2. The cost-to-continue allocation, which consists of
  624  incremental changes to the base budget, including salaries,
  625  price levels, and other related costs allocated through a
  626  funding model approved by the Legislature which may recognize
  627  differing economic factors arising from the individual
  628  educational approaches of the various Florida College System
  629  institutions, including, but not limited to:
  630         a. Direct Instructional Funding, including class size,
  631  faculty productivity factors, average faculty salary, ratio of
  632  full-time to part-time faculty, costs of programs, and
  633  enrollment factors.
  634         b. Academic Support, including small colleges factor,
  635  multicampus factor, and enrollment factor.
  636         c. Student Services Support, including headcount of
  637  students as well as FTE count and enrollment factors.
  638         d. Library Support, including volume and other
  639  materials/audiovisual requirements.
  640         e. Special Projects.
  641         f. Operations and Maintenance of Plant, including square
  642  footage and utilization factors.
  643         g.District Cost Differential.
  644         3. Students enrolled in a recreation and leisure program
  645  and students enrolled in a lifelong learning program who may not
  646  be counted as full-time equivalent enrollments for purposes of
  647  enrollment workload adjustments.
  648         4. Operating costs of new facilities adjustments, which
  649  shall be provided, from funds available, for each new facility
  650  that is owned by the college and is recommended in accordance
  651  with s. 1013.31.
  652         5. New and improved program enhancements, which shall be
  653  determined by the Legislature.
  654  
  655  Student fees in the base budget plus student fee revenues
  656  generated by increases in fee rates shall be deducted from the
  657  sum of the components determined in subparagraphs 1.-5. The
  658  amount remaining shall be the net annual state apportionment to
  659  each college.
  660         Section 21. Section 1012.44, Florida Statutes, is amended
  661  to read:
  662         1012.44 Qualifications for certain persons providing
  663  speech-language services.—The State Board of Education shall
  664  adopt rules for speech-language services to school districts
  665  that qualify for the sparsity supplement as described in s.
  666  1011.62(6) 1011.62(7). These services may be provided by
  667  baccalaureate degree level persons for a period of 3 years. The
  668  rules shall authorize the delivery of speech-language services
  669  by baccalaureate degree level persons under the direction of a
  670  certified speech-language pathologist with a master’s degree or
  671  higher.
  672         Section 22. Subsection (2) of section 1012.64, Florida
  673  Statutes, is amended to read:
  674         1012.64 Sabbatical leave.—
  675         (2) Funds, not to exceed 25 percent, of the district’s
  676  allocation for inservice training under s. 1011.62(2) 1011.62(3)
  677  or other district funds may be expended in order to fulfill the
  678  provisions of this section, provided that the district allocates
  679  $5 of district funds for each $1 of state inservice training
  680  funds expended under this subsection.
  681         Section 23. This act shall take effect July 1, 2016.