Bill Amendment: FL S7046 | 2015 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Education
Status: 2015-05-01 - Died on Calendar [S7046 Detail]
Download: Florida-2015-S7046-Senate_Committee_Amendment_784762.html
Bill Title: Education
Status: 2015-05-01 - Died on Calendar [S7046 Detail]
Download: Florida-2015-S7046-Senate_Committee_Amendment_784762.html
Florida Senate - 2015 COMMITTEE AMENDMENT
Bill No. SPB 7046
Ì784762>Î784762
LEGISLATIVE ACTION
Senate . House
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The Committee on Education Pre-K - 12 (Gaetz) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Between lines 405 and 406
4 insert:
5 Section 3. Subsection (2) of section 1011.71, Florida
6 Statutes, is amended to read:
7 1011.71 District school tax.—
8 (2) In addition to the maximum millage levy as provided in
9 subsection (1), each school board may levy not more than 1.5
10 mills against the taxable value for school purposes for district
11 schools, including charter schools. The first 50 percent of the
12 revenue from this millage shall be allocated to both charter
13 schools and traditional public schools on a per capital outlay
14 FTE basis by the school district. Each charter school eligible
15 to receive capital outlay funding under s. 1013.62 shall receive
16 its proportional share of the millage revenue. The school
17 district shall retain discretion over the expenditure of these
18 funds that are allocated to traditional public schools, as well
19 as the remaining 50 percent of the millage revenue. These funds
20 may be used for the following at the discretion of the school
21 board, to fund:
22 (a) New construction and remodeling projects, as set forth
23 in s. 1013.64(3)(b) and (6)(b) and included in the district’s
24 educational plant survey pursuant to s. 1013.31, without regard
25 to prioritization, sites and site improvement or expansion to
26 new sites, existing sites, auxiliary facilities, athletic
27 facilities, or ancillary facilities.
28 (b) Maintenance, renovation, and repair of existing school
29 plants or of leased facilities to correct deficiencies pursuant
30 to s. 1013.15(2).
31 (c) The purchase, lease-purchase, or lease of school buses.
32 (d) The purchase, lease-purchase, or lease of new and
33 replacement equipment; computer hardware, including electronic
34 hardware and other hardware devices necessary for gaining access
35 to or enhancing the use of electronic content and resources or
36 to facilitate the access to and the use of a school district’s
37 digital classrooms plan pursuant to s. 1011.62, excluding
38 software other than the operating system necessary to operate
39 the hardware or device; and enterprise resource software
40 applications that are classified as capital assets in accordance
41 with definitions of the Governmental Accounting Standards Board,
42 have a useful life of at least 5 years, and are used to support
43 districtwide administration or state-mandated reporting
44 requirements. Enterprise resource software may be acquired by
45 annual license fees, maintenance fees, or lease agreements.
46 (e) Payments for educational facilities and sites due under
47 a lease-purchase agreement entered into by a district school
48 board pursuant to s. 1003.02(1)(f) or s. 1013.15(2), not
49 exceeding, in the aggregate, an amount equal to three-fourths of
50 the proceeds from the millage levied by a district school board
51 pursuant to this subsection. The three-fourths limit is waived
52 for lease-purchase agreements entered into before June 30, 2009,
53 by a district school board pursuant to this paragraph.
54 (f) Payment of loans approved pursuant to ss. 1011.14 and
55 1011.15.
56 (g) Payment of costs directly related to complying with
57 state and federal environmental statutes, rules, and regulations
58 governing school facilities.
59 (h) Payment of costs of leasing relocatable educational
60 facilities, of renting or leasing educational facilities and
61 sites pursuant to s. 1013.15(2), or of renting or leasing
62 buildings or space within existing buildings pursuant to s.
63 1013.15(4).
64 (i) Payment of the cost of school buses when a school
65 district contracts with a private entity to provide student
66 transportation services if the district meets the requirements
67 of this paragraph.
68 1. The district’s contract must require that the private
69 entity purchase, lease-purchase, or lease, and operate and
70 maintain, one or more school buses of a specific type and size
71 that meet the requirements of s. 1006.25.
72 2. Each such school bus must be used for the daily
73 transportation of public school students in the manner required
74 by the school district.
75 3. Annual payment for each such school bus may not exceed
76 10 percent of the purchase price of the state pool bid.
77 4. The proposed expenditure of the funds for this purpose
78 must have been included in the district school board’s notice of
79 proposed tax for school capital outlay as provided in s.
80 200.065(10).
81 (j) Payment of the cost of the opening day collection for
82 the library media center of a new school.
83 Section 4. Subsections (1), (4), (5), and (6) of section
84 1013.62, Florida Statutes, are amended to read:
85 1013.62 Charter schools capital outlay funding.—
86 (1) Charter schools may receive the discretionary millage
87 revenue authorized under s. 1011.71, provided they meet the
88 following eligibility criteria. In each year in which funds are
89 appropriated for charter school capital outlay purposes, the
90 Commissioner of Education shall allocate the funds among
91 eligible charter schools.
92 (a) To be eligible for a funding allocation, A charter
93 school must:
94 (a)1.a. Have been in operation for 3 or more years;
95 b. Be governed by a governing board established in the
96 state for 3 or more years which operates both charter schools
97 and conversion charter schools within the state;
98 2.c. Be an expanded feeder chain of a charter school within
99 the same school district that is currently receiving charter
100 school capital outlay funds;
101 3.d. Have been accredited by the Commission on Schools of
102 the Southern Association of Colleges and Schools; or
103 4.e. Serve students in facilities that are provided by a
104 business partner for a charter school-in-the-workplace pursuant
105 to s. 1002.33(15)(b).
106 (b)2. Have financial stability for future operation as a
107 charter school.
108 (c)3. Have satisfactory student achievement based on state
109 accountability standards applicable to the charter school.
110 (d)4. Have received final approval from its sponsor
111 pursuant to s. 1002.33 for operation during that fiscal year.
112 (e)5. Serve students in facilities that are not provided by
113 the charter school’s sponsor.
114 (b) The first priority for charter school capital outlay
115 funding is to allocate to charter schools that received funding
116 in the 2005-2006 fiscal year an allocation of the same amount
117 per capital outlay full-time equivalent student, up to the
118 lesser of the actual number of capital outlay full-time
119 equivalent students in the current year, or the capital outlay
120 full-time equivalent students in the 2005-2006 fiscal year.
121 After calculating the first priority, the second priority is to
122 allocate excess funds remaining in the appropriation in an
123 amount equal to the per capital outlay full-time equivalent
124 student amount in the first priority calculation to eligible
125 charter schools not included in the first priority calculation
126 and to schools in the first priority calculation with growth
127 greater than the 2005-2006 capital outlay full-time equivalent
128 students. After calculating the first and second priorities,
129 excess funds remaining in the appropriation must be allocated to
130 all eligible charter schools.
131 (c) A charter school’s allocation may not exceed one
132 fifteenth of the cost per student station specified in s.
133 1013.64(6)(b). Before releasing capital outlay funds to a school
134 district on behalf of the charter school, the Department of
135 Education must ensure that the district school board and the
136 charter school governing board enter into a written agreement
137 that provides for the reversion of any unencumbered funds and
138 all equipment and property purchased with public education funds
139 to the ownership of the district school board, as provided for
140 in subsection (3) if the school terminates operations. Any funds
141 recovered by the state shall be deposited in the General Revenue
142 Fund.
143 (d) A charter school is not eligible for a funding
144 allocation if it was created by the conversion of a public
145 school and operates in facilities provided by the charter
146 school’s sponsor for a nominal fee, or at no charge, or if it is
147 directly or indirectly operated by the school district.
148 (e) Unless otherwise provided in the General Appropriations
149 Act, the funding allocation for each eligible charter school is
150 determined by multiplying the school’s projected student
151 enrollment by one-fifteenth of the cost-per-student station
152 specified in s. 1013.64(6)(b) for an elementary, middle, or high
153 school, as appropriate. If the funds appropriated are not
154 sufficient, the commissioner shall prorate the available funds
155 among eligible charter schools. However, a charter school or
156 charter lab school may not receive state charter school capital
157 outlay funds greater than the one-fifteenth cost per student
158 station formula if the charter school’s combination of state
159 charter school capital outlay funds, capital outlay funds
160 calculated through the reduction in the administrative fee
161 provided in s. 1002.33(20), and capital outlay funds allowed in
162 s. 1002.32(9)(e) and (h) exceeds the one-fifteenth cost per
163 student station formula.
164 (f) Funds shall be distributed on the basis of the capital
165 outlay full-time equivalent membership by grade level, which is
166 calculated by averaging the results of the second and third
167 enrollment surveys. The Department of Education shall distribute
168 capital outlay funds monthly, beginning in the first quarter of
169 the fiscal year, based on one-twelfth of the amount the
170 department reasonably expects the charter school to receive
171 during that fiscal year. The commissioner shall adjust
172 subsequent distributions as necessary to reflect each charter
173 school’s actual student enrollment as reflected in the second
174 and third enrollment surveys. The commissioner shall establish
175 the intervals and procedures for determining the projected and
176 actual student enrollment of eligible charter schools.
177 (4) The Commissioner of Education shall specify procedures
178 for submitting and approving requests for funding under this
179 section and procedures for documenting expenditures.
180 (5) The annual legislative budget request of the Department
181 of Education shall include a request for capital outlay funding
182 for charter schools. The request shall be based on the projected
183 number of students to be served in charter schools who meet the
184 eligibility requirements of this section. A dedicated funding
185 source, if identified in writing by the Commissioner of
186 Education and submitted along with the annual charter school
187 legislative budget request, may be considered an additional
188 source of funding.
189 (6) Unless authorized otherwise by the Legislature,
190 allocation and proration of charter school capital outlay funds
191 shall be made to eligible charter schools by the Commissioner of
192 Education in an amount and in a manner authorized by subsection
193 (1).
194
195 ================= T I T L E A M E N D M E N T ================
196 And the title is amended as follows:
197 Delete line 20
198 and insert:
199 year; deleting obsolete language; amending s. 1011.71,
200 F.S.; revising requirements for the allocation of the
201 millage revenue for charter schools and traditional
202 public schools; authorizing enterprise resource
203 software to be acquired by certain fees and
204 agreements; amending s. 1013.62, F.S.; revising the
205 eligibility criteria for and the allocation of
206 discretionary millage revenue for charter schools;
207 deleting duties of the Commissioner of Education and
208 the Department of Education relating to the
209 allocation; requiring the Board
