Bill Amendment: FL S1328 | 2023 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Charter School Capital Outlay Funding

Status: 2023-05-03 - Laid on Table, companion bill(s) passed, see CS/CS/HB 1259 (Ch. 2023-69) [S1328 Detail]

Download: Florida-2023-S1328-Senate_Committee_Amendment_459292.html

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       Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 1328
       
       
       
       
       
       
                                Ì459292?Î459292                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Education Pre-K -12 (Boyd) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 16 - 208
    4  and insert:
    5         Section 1. Paragraphs (b) and (c) of subsection (6) of
    6  section 212.055, Florida Statutes, are amended to read:
    7         212.055 Discretionary sales surtaxes; legislative intent;
    8  authorization and use of proceeds.—It is the legislative intent
    9  that any authorization for imposition of a discretionary sales
   10  surtax shall be published in the Florida Statutes as a
   11  subsection of this section, irrespective of the duration of the
   12  levy. Each enactment shall specify the types of counties
   13  authorized to levy; the rate or rates which may be imposed; the
   14  maximum length of time the surtax may be imposed, if any; the
   15  procedure which must be followed to secure voter approval, if
   16  required; the purpose for which the proceeds may be expended;
   17  and such other requirements as the Legislature may provide.
   18  Taxable transactions and administrative procedures shall be as
   19  provided in s. 212.054.
   20         (6) SCHOOL CAPITAL OUTLAY SURTAX.—
   21         (b) The resolution must include a statement that provides a
   22  brief and general description of the school capital outlay
   23  projects to be funded by the surtax. The resolution must include
   24  a statement that the revenues collected must be shared with
   25  eligible charter schools based on their proportionate share of
   26  the total school district capital outlay full-time equivalent
   27  enrollment as adopted by the Education Estimating Conference
   28  established in s. 216.136 enrollment. The statement must conform
   29  to the requirements of s. 101.161 and shall be placed on the
   30  ballot by the governing body of the county. The following
   31  question must shall be placed on the ballot:
   32  
   33  ....FOR THE                  ....CENTS TAX           
   34  ....AGAINST THE              ....CENTS TAX           
   35  
   36         (c) The resolution providing for the imposition of the
   37  surtax must set forth a plan for use of the surtax proceeds for
   38  fixed capital expenditures or fixed capital costs associated
   39  with the construction, reconstruction, or improvement of school
   40  facilities and campuses which have a useful life expectancy of 5
   41  or more years, and any land acquisition, land improvement,
   42  design, and engineering costs related thereto, or any purchase,
   43  lease-purchase, lease, or maintenance of school buses, as
   44  defined in s. 1006.25, which have a life expectancy of 5 years
   45  or more. Additionally, the plan shall include the costs of
   46  retrofitting and providing for technology implementation,
   47  including hardware and software, for the various sites within
   48  the school district. Surtax revenues may be used to service bond
   49  indebtedness to finance projects authorized by this subsection,
   50  and any interest accrued thereto may be held in trust to finance
   51  such projects. Neither the proceeds of the surtax nor any
   52  interest accrued thereto shall be used for operational expenses.
   53  Surtax revenues shared with charter schools shall be expended by
   54  the charter school in a manner consistent with the allowable
   55  uses set forth in s. 1013.62(5) s. 1013.62(4). All revenues and
   56  expenditures shall be accounted for in a charter school’s
   57  monthly or quarterly financial statement pursuant to s.
   58  1002.33(9). The eligibility of a charter school to receive funds
   59  under this subsection shall be determined in accordance with s.
   60  1013.62(1). If a school’s charter is not renewed or is
   61  terminated and the school is dissolved under the provisions of
   62  law under which the school was organized, any unencumbered funds
   63  received under this subsection shall revert to the sponsor.
   64         Section 2. Notwithstanding the expiration date in section 5
   65  of chapter 2022-157, Laws of Florida, present subsections (4)
   66  through (7) of section 1013.62, Florida Statutes, are
   67  redesignated as subsections (5) through (8), respectively, a new
   68  subsection (4) is added to that section, subsection (1) of that
   69  section is amended, and subsections (2) and (3) of that section
   70  are reenacted, to read:
   71         1013.62 Charter schools capital outlay funding.—
   72         (1) For the 2022-2023 fiscal year, charter school capital
   73  outlay funding shall consist of state funds appropriated in the
   74  2022-2023 General Appropriations Act. Beginning in fiscal year
   75  2023-2024, Charter school capital outlay funding shall consist
   76  of state funds when such funds are appropriated in the General
   77  Appropriations Act and revenue resulting from the discretionary
   78  millage authorized in s. 1011.71(2) if, except as provided in
   79  subsection (4), the amount of state funds appropriated for
   80  charter school capital outlay in any fiscal year is less than
   81  the average charter school capital outlay funds per unweighted
   82  full-time equivalent student for the 2018-2019 fiscal year,
   83  multiplied by the estimated number of charter school students
   84  for the applicable fiscal year, and adjusted by changes in the
   85  Consumer Price Index issued by the United States Department of
   86  Labor from the previous fiscal year. Nothing in this subsection
   87  prohibits a school district from distributing to charter schools
   88  funds resulting from the discretionary millage authorized in s.
   89  1011.71(2).
   90         (a) To be eligible to receive capital outlay funds, a
   91  charter school must:
   92         1.a. Have been in operation for 2 or more years;
   93         b. Be governed by a governing board established in the
   94  state for 2 or more years which operates both charter schools
   95  and conversion charter schools within the state;
   96         c. Be an expanded feeder chain of a charter school within
   97  the same school district that is currently receiving charter
   98  school capital outlay funds;
   99         d. Have been accredited by a regional accrediting
  100  association as defined by State Board of Education rule;
  101         e. Serve students in facilities that are provided by a
  102  business partner for a charter school-in-the-workplace pursuant
  103  to s. 1002.33(15)(b); or
  104         f. Be operated by a hope operator pursuant to s. 1002.333.
  105         2. Have an annual audit that does not reveal any of the
  106  financial emergency conditions provided in s. 218.503(1) for the
  107  most recent fiscal year for which such audit results are
  108  available.
  109         3. Have satisfactory student achievement based on state
  110  accountability standards applicable to the charter school.
  111         4. Have received final approval from its sponsor pursuant
  112  to s. 1002.33 for operation during that fiscal year.
  113         5. Serve students in facilities that are not provided by
  114  the charter school’s sponsor.
  115         (b) A charter school is not eligible to receive capital
  116  outlay funds if it was created by the conversion of a public
  117  school and operates in facilities provided by the charter
  118  school’s sponsor for a nominal fee, or at no charge, or if it is
  119  directly or indirectly operated by the school district.
  120         (2) The department shall use the following calculation
  121  methodology to allocate state funds appropriated in the General
  122  Appropriations Act to eligible charter schools:
  123         (a) Eligible charter schools shall be grouped into
  124  categories based on their student populations according to the
  125  following criteria:
  126         1. Seventy-five percent or greater who are eligible for
  127  free or reduced-price school meals under the National School
  128  Lunch Program or, for schools operating programs under the
  129  Community Eligibility Provision of the Healthy, Hunger-Free Kids
  130  Act of 2010, an equivalent percentage of the student population
  131  eligible for free and reduced-price meals as determined by
  132  applying the multiplier authorized under the National School
  133  Lunch Act, 42 U.S.C. s. 1759a(a)(1)(F)(vii), to the number of
  134  students reported for direct certification.
  135         2. Twenty-five percent or greater with disabilities as
  136  defined in state board rule and consistent with the requirements
  137  of the Individuals with Disabilities Education Act.
  138         (b) If an eligible charter school does not meet the
  139  criteria for either category under paragraph (a), its FTE shall
  140  be provided as the base amount of funding and shall be assigned
  141  a weight of 1.0. An eligible charter school that meets the
  142  criteria under subparagraph (a)1. or subparagraph (a)2. shall be
  143  provided an additional 25 percent above the base funding amount,
  144  and the total FTE shall be multiplied by a weight of 1.25. An
  145  eligible charter school that meets the criteria under both
  146  subparagraphs (a)1. and (a)2. shall be provided an additional 50
  147  percent above the base funding amount, and the FTE for that
  148  school shall be multiplied by a weight of 1.5.
  149         (c) The state appropriation for charter school capital
  150  outlay shall be divided by the total weighted FTE for all
  151  eligible charter schools to determine the base charter school
  152  per weighted FTE allocation amount. The per weighted FTE
  153  allocation amount shall be multiplied by the weighted FTE to
  154  determine each charter school’s capital outlay allocation.
  155         (d) The department shall calculate the eligible charter
  156  school funding allocations. Funds shall be allocated using full
  157  time equivalent membership from the second and third enrollment
  158  surveys and free and reduced-price school lunch data. The
  159  department shall recalculate the allocations periodically based
  160  on the receipt of revised information, on a schedule established
  161  by the Commissioner of Education.
  162         (e) The department shall distribute capital outlay funds
  163  monthly, beginning in the first quarter of the fiscal year,
  164  based on one-twelfth of the amount the department reasonably
  165  expects the charter school to receive during that fiscal year.
  166  The commissioner shall adjust subsequent distributions as
  167  necessary to reflect each charter school’s recalculated
  168  allocation.
  169         (3) If the school board levies the discretionary millage
  170  authorized in s. 1011.71(2), and the state funds appropriated
  171  for charter school capital outlay in any fiscal year are less
  172  than the average charter school capital outlay funds per
  173  unweighted full-time equivalent student for the 2018-2019 fiscal
  174  year, multiplied by the estimated number of charter school
  175  students for the applicable fiscal year, and adjusted by changes
  176  in the Consumer Price Index issued by the United States
  177  Department of Labor from the previous fiscal year, the
  178  department shall use the following calculation methodology to
  179  determine the amount of revenue that a school district must
  180  distribute to each eligible charter school:
  181         (a) Reduce the total discretionary millage revenue by the
  182  school district’s annual debt service obligation incurred as of
  183  March 1, 2017, which has not been subsequently retired, and any
  184  amount of participation requirement pursuant to s.
  185  1013.64(2)(a)8. that is being satisfied by revenues raised by
  186  the discretionary millage.
  187         (b) Divide the school district’s adjusted discretionary
  188  millage revenue by the district’s total capital outlay full-time
  189  equivalent membership and the total number of unweighted full
  190  time equivalent students of each eligible charter school to
  191  determine a capital outlay allocation per full-time equivalent
  192  student.
  193         (c) Multiply the capital outlay allocation per full-time
  194  equivalent student by the total number of full-time equivalent
  195  students of each eligible charter school to determine the
  196  capital outlay allocation for each charter school.
  197         (d) If applicable, reduce the capital outlay allocation
  198  identified in paragraph (c) by the total amount of state funds
  199  allocated to each eligible charter school in subsection (2) to
  200  determine the maximum calculated capital outlay allocation.
  201         (e) School districts shall distribute capital outlay funds
  202  to charter schools no later than February 1 of each year, as
  203  required by this subsection, based on the amount of funds
  204  received by the district school board. School districts shall
  205  distribute any remaining capital outlay funds, as required by
  206  this subsection, upon the receipt of such funds until the total
  207  amount calculated pursuant to this subsection is distributed.
  208  
  209  By October 1 of each year, each school district shall certify to
  210  the department the amount of debt service and participation
  211  requirement that complies with the requirement of paragraph (a)
  212  and can be reduced from the total discretionary millage revenue.
  213  The Auditor General shall verify compliance with the
  214  requirements of paragraph (a) and s. 1011.71(2)(e) during
  215  scheduled operational audits of school districts.
  216         (4) Beginning in the 2023-2024 fiscal year, if the state
  217  funds appropriated for charter school capital outlay in any
  218  fiscal year are equal to or greater than the average charter
  219  school capital outlay funds per unweighted full-time equivalent
  220  student for the 2018-2019 fiscal year, multiplied by the
  221  estimated number of charter school students for the applicable
  222  fiscal year, and adjusted by changes in the Consumer Price Index
  223  issued by the United States Department of Labor from the
  224  previous fiscal year, district school boards that levy the
  225  discretionary millage authorized in s. 1011.71(2) and have a
  226  combined total of all capital outlay full-time equivalent
  227  membership and total unweighted full-time equivalent students of
  228  eligible charter schools which exceeds 100,000 must share an
  229  amount of their eligible local funds with eligible charter
  230  schools that are operated by a not-for-profit entity. The
  231  department shall use the following calculation methodology to
  232  determine the amount of revenue that a school district must
  233  distribute pursuant to this subsection to each eligible charter
  234  school:
  235         (a)1. Reduce the school district’s total discretionary
  236  millage revenue by the school district’s annual debt service
  237  obligation incurred as of March 1, 2017, which has not been
  238  subsequently retired, and any amount of participation
  239  requirement pursuant to s. 1013.64(2)(a)8. which is being
  240  satisfied by revenues raised by the discretionary millage.
  241         a. For fiscal year 2023-2024, the amount is 20 percent of
  242  the amount calculated under this paragraph.
  243         b. For fiscal year 2024-2025, the amount is 40 percent of
  244  the amount calculated under this paragraph.
  245         c. For fiscal year 2025-2026, the amount is 60 percent of
  246  the amount calculated under this paragraph.
  247         d. For fiscal year 2026-2027, the amount is 80 percent of
  248  the amount calculated under this paragraph.
  249         e. For fiscal year 2027-2028, and thereafter, the amount is
  250  100 percent of the amount calculated under this paragraph.
  251         2. Divide the school district’s adjusted discretionary
  252  millage revenue by the district’s total capital outlay full-time
  253  equivalent membership and the total number of unweighted full
  254  time equivalent students of each eligible charter school to
  255  determine a capital outlay allocation per full-time equivalent
  256  student.
  257         3. Multiply the result of the calculation made under
  258  paragraph (a) for the applicable fiscal year by the total number
  259  of full-time equivalent students of each eligible charter school
  260  in the district pursuant to paragraph (1)(a) to determine the
  261  capital outlay allocation pursuant to this subsection for each
  262  charter school pursuant to this subsection.
  263         4. In any fiscal year, if the combined amount of state
  264  funds allocated pursuant to subsection (1) and the funds
  265  allocated pursuant to this subsection are greater than the total
  266  capital outlay millage per full-time equivalent student, the
  267  department must reduce the school district’s sharing amount by
  268  the difference of the total funds and the calculated amount for
  269  the total capital outlay full-time equivalent membership.
  270         (b) School districts shall distribute capital outlay funds
  271  to charter schools no later than February 1 of each year, as
  272  required by this subsection, based on the amount of funds
  273  received by the district school board. School districts shall
  274  distribute any remaining capital outlay funds, as required by
  275  this subsection, upon the receipt of such funds until the total
  276  amount calculated pursuant to this subsection is distributed.
  277  
  278  By October 1 of each year, each school district shall certify to
  279  the department the amount of debt service and participation
  280  requirement that complies with the requirements of paragraph (a)
  281  and can be reduced from the total discretionary millage revenue.
  282  The Auditor General shall verify compliance with the
  283  requirements of paragraph (a) and s. 1011.71(2)(e) during
  284  scheduled operational audits of school districts.
  285  
  286  ================= T I T L E  A M E N D M E N T ================
  287  And the title is amended as follows:
  288         Delete lines 6 - 11
  289  and insert:
  290         charter schools; conforming a cross-reference;
  291         reenacting and amending s. 1013.62, F.S.; revising the
  292         manner of determining charter school capital outlay
  293         funding; requiring district school boards to share
  294         certain funds with eligible charter schools if certain
  295         conditions are met; providing a calculation
  296         methodology for the Department of Education to
  297         determine the amount of funds the district school
  298         board must distribute; requiring the school district
  299         to distribute the funds by a specified date; requiring
  300         each school district to annually certify certain
  301         information to the department by a specified date;
  302         requiring the Auditor General to verify compliance
  303         during audits; providing applicability;