Florida Senate - 2018                                    SB 1434
       By Senator Passidomo
       28-00984E-18                                          20181434__
    1                        A bill to be entitled                      
    2         An act relating to K-12 education enhancements;
    3         amending s. 1011.62, F.S.; creating the mental health
    4         assistance allocation and providing the purpose of the
    5         allocation; providing for the allocation of funds;
    6         requiring each entity that receives funds to annually
    7         submit a plan for the use of such funds to the
    8         district school board or other governing body which
    9         must include certain elements; requiring districts to
   10         submit approved plans to the Commissioner of Education
   11         by a specified date; requiring an annual final report
   12         to the commissioner by a specified date; conforming
   13         cross-references; amending s. 1011.71, F.S.;
   14         increasing the amount that a school district may
   15         expend from a specified millage levy for certain
   16         expenses; amending s. 1013.62, F.S.; prohibiting a
   17         charter school from being eligible for capital outlay
   18         funds unless the chair of the governing board and the
   19         chief administrative officer of the charter school
   20         annually certify certain information; revising the
   21         Department of Education’s calculation methodology for
   22         a school district’s distribution of discretionary
   23         millage to its eligible charter schools; providing an
   24         effective date.
   26  Be It Enacted by the Legislature of the State of Florida:
   28         Section 1. Present subsections (16) and (17) of section
   29  1011.62, Florida Statutes, are redesignated as subsections (17)
   30  and (18), respectively, a new subsection (16) is added to that
   31  section, and subsection (14) of that section is amended, to
   32  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         (14) QUALITY ASSURANCE GUARANTEE.—The Legislature may
   40  annually in the General Appropriations Act determine a
   41  percentage increase in funds per K-12 unweighted FTE as a
   42  minimum guarantee to each school district. The guarantee shall
   43  be calculated from prior year base funding per unweighted FTE
   44  student which shall include the adjusted FTE dollars as provided
   45  in subsection (17) (16), quality guarantee funds, and actual
   46  nonvoted discretionary local effort from taxes. From the base
   47  funding per unweighted FTE, the increase shall be calculated for
   48  the current year. The current year funds from which the
   49  guarantee shall be determined shall include the adjusted FTE
   50  dollars as provided in subsection (17) (16) and potential
   51  nonvoted discretionary local effort from taxes. A comparison of
   52  current year funds per unweighted FTE to prior year funds per
   53  unweighted FTE shall be computed. For those school districts
   54  which have less than the legislatively assigned percentage
   55  increase, funds shall be provided to guarantee the assigned
   56  percentage increase in funds per unweighted FTE student. Should
   57  appropriated funds be less than the sum of this calculated
   58  amount for all districts, the commissioner shall prorate each
   59  district’s allocation. This provision shall be implemented to
   60  the extent specifically funded.
   61         (16)MENTAL HEALTH ASSISTANCE ALLOCATION.The mental health
   62  assistance allocation is created to provide supplemental funding
   63  to assist school districts in establishing or expanding
   64  comprehensive school-based mental health programs that increase
   65  awareness of mental health issues among children and school-age
   66  youth; train educators and other school staff in detecting and
   67  responding to mental health issues; and connect children, youth,
   68  and families who may experience behavioral health issues with
   69  appropriate services. These funds shall be allocated annually to
   70  each eligible school district and developmental research school
   71  based on each entity’s proportionate share of Florida Education
   72  Finance Program base funding. The district funding allocation
   73  must include a minimum amount as specified in the General
   74  Appropriations Act. Upon submission and approval of a plan that
   75  includes the elements specified in paragraph (b), charter
   76  schools are also entitled to a proportionate share of district
   77  funding for this program. The allocated funds may not supplant
   78  funds that are provided from other operating funds for this
   79  purpose and may not be used to increase salaries or provide
   80  bonuses.
   81         (a)To be eligible for the allocation:
   82         1. The district must annually develop and submit a detailed
   83  plan outlining the local program and planned expenditures to the
   84  district school board for approval.
   85         2. A charter school must annually develop and submit a
   86  detailed plan outlining the local program and planned
   87  expenditures of the funds in the plan to its governing body for
   88  approval. After the plan is approved by the governing body, it
   89  must be provided to its school district for submission to the
   90  commissioner.
   91         (b) A plan required under paragraph (a) must include, at a
   92  minimum, all of the following elements:
   93         1. A collaborative effort or partnership between the school
   94  district and at least one local community program or agency
   95  involved in mental health to provide or to improve prevention,
   96  diagnosis, and treatment services for students;
   97         2. Programs to assist students in dealing with bullying,
   98  trauma, and violence;
   99         3. Strategies or programs to reduce the likelihood of at
  100  risk students developing social, emotional, or behavioral health
  101  problems or substance use disorders;
  102         4. Strategies to improve the early identification of
  103  social, emotional, or behavioral problems or substance use
  104  disorders and to improve the provision of early intervention
  105  services;
  106         5. Strategies to enhance the availability of school-based
  107  crisis intervention services and appropriate referrals for
  108  students in need of mental health services; and
  109         6. Training opportunities for school personnel in the
  110  techniques and supports needed to identify students who have
  111  trauma histories and who have or are at risk of having a mental
  112  illness, and in the use of referral mechanisms that effectively
  113  link such students to appropriate treatment and intervention
  114  services in the school and in the community.
  115         (c)The districts shall submit approved plans to the
  116  commissioner by August 1 of each fiscal year.
  117         (d) Beginning September 30, 2019, and by each September 30
  118  thereafter, each entity that receives an allocation under this
  119  subsection shall submit to the commissioner a final report, in a
  120  format prescribed by the department, on its program outcomes and
  121  its expenditures for each element of the program.
  122         Section 2. Subsection (5) of section 1011.71, Florida
  123  Statutes, is amended to read:
  124         1011.71 District school tax.—
  125         (5) Effective July 1, 2008, A school district may expend,
  126  subject to the provisions of s. 200.065, up to $150 $100 per
  127  unweighted full-time equivalent student from the revenue
  128  generated by the millage levy authorized by subsection (2) to
  129  fund, in addition to expenditures authorized in paragraphs
  130  (2)(a)-(j), expenses for the following:
  131         (a) The purchase, lease-purchase, or lease of driver’s
  132  education vehicles; motor vehicles used for the maintenance or
  133  operation of plants and equipment; security vehicles; or
  134  vehicles used in storing or distributing materials and
  135  equipment.
  136         (b) Payment of the cost of premiums, as defined in s.
  137  627.403, for property and casualty insurance necessary to insure
  138  school district educational and ancillary plants. As used in
  139  this paragraph, casualty insurance has the same meaning as in s.
  140  624.605(1)(d), (f), (g), (h), and (m). Operating revenues that
  141  are made available through the payment of property and casualty
  142  insurance premiums from revenues generated under this subsection
  143  may be expended only for nonrecurring operational expenditures
  144  of the school district.
  145         Section 3. Paragraph (b) of subsection (1) and subsection
  146  (3) of section 1013.62, Florida Statutes, are amended to read:
  147         1013.62 Charter schools capital outlay funding.—
  148         (1) Charter school capital outlay funding shall consist of
  149  revenue resulting from the discretionary millage authorized in
  150  s. 1011.71(2) and state funds when such funds are appropriated
  151  in the General Appropriations Act.
  152         (b) A charter school is not eligible to receive capital
  153  outlay funds if:
  154         1. It was created by the conversion of a public school and
  155  operates in facilities provided by the charter school’s sponsor
  156  for a nominal fee, or at no charge, or if it is directly or
  157  indirectly operated by the school district; or.
  158         2.The chair of the governing board and the chief
  159  administrative officer of the charter school do not annually
  160  certify under oath that the funds will be used solely and
  161  exclusively for constructing, renovating, or improving charter
  162  school facilities that are:
  163         a. Owned by a school district, a political subdivision of
  164  the state, a municipality, a Florida College System institution,
  165  or a state university; or
  166         b. Owned by an organization that is qualified as an exempt
  167  organization under s. 501(c)(3) of the Internal Revenue Code
  168  whose articles of incorporation specify that, upon the
  169  organization’s dissolution, the subject property will be
  170  transferred to a school district, a political subdivision of the
  171  state, a municipality, a Florida College System institution, or
  172  a state university.
  173         (3) If the school board levies the discretionary millage
  174  authorized in s. 1011.71(2), the department shall use the
  175  following calculation methodology to determine the amount of
  176  revenue that a school district must distribute to each eligible
  177  charter school:
  178         (a) Reduce the total discretionary millage revenue by the
  179  school district’s annual debt service obligation incurred as of
  180  March 1, 2017, and any amount of participation requirement
  181  pursuant to s. 1013.64(2)(a)8. that is being satisfied by
  182  revenues raised by the discretionary millage.
  183         (b) Divide the school district’s adjusted discretionary
  184  millage revenue by the district’s total capital outlay full-time
  185  equivalent membership and the total number of unweighted full
  186  time equivalent students of each eligible charter school to
  187  determine a capital outlay allocation per full-time equivalent
  188  student.
  189         (c) Multiply the capital outlay allocation per full-time
  190  equivalent student by the total number of full-time equivalent
  191  students for all of each eligible charter schools within the
  192  district school to determine the total charter school capital
  193  outlay allocation for each district charter school.
  194         (d) If applicable, reduce the capital outlay allocation
  195  identified in paragraph (c) by the total amount of state funds
  196  allocated pursuant to subsection (2) to all each eligible
  197  charter schools within a district school in subsection (2) to
  198  determine the net total maximum calculated capital outlay
  199  allocation from local funds. If state funds are not allocated
  200  pursuant to subsection (2), the amount determined in paragraph
  201  (c) is equal to the net total calculated capital outlay
  202  allocation from local funds for each district.
  203         (e) For each charter school within each district, the net
  204  capital outlay amount from local funds shall be calculated in
  205  the same manner as the state funds in paragraphs (2)(a)-(d),
  206  except that the base charter school per weighted FTE allocation
  207  amount shall be determined by dividing the net total capital
  208  outlay amount from local funds by the total weighted FTE for all
  209  eligible charter schools within the district. The per weighted
  210  FTE allocation amount from local funds shall be multiplied by
  211  the weighted FTE for each charter school to determine each
  212  charter school’s capital outlay allocation from local funds.
  213         (f)(e) School districts shall distribute capital outlay
  214  funds to charter schools no later than February 1 of each year,
  215  beginning on February 1, 2018, for the 2017-2018 fiscal year.
  216         Section 4. This act shall take effect July 1, 2018.