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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to education; amending s. 212.055, 2
F.S.; conforming provisions to changes made by the 3
act; amending s. 1001.706, F.S.; requiring the Board 4
of Governors to develop regulations for university 5
boards of trustees relating to contracting for the 6
construction of new facilities or for work on existing 7
facilities; providing requirements for certain 8
contracts executed, extended, or amended on or before 9
a specified date; creating s. 1004.3841, F.S.; 10
creating the Institute for Risk Management and 11
Insurance Education within the College of Business at 12
the University of Central Florida; requiring the 13
institute to be located in a specified county; 14
providing goals of the institute; amending s. 1009.26, 15
F.S.; providing that certain fee waivers apply to 16
Florida College System institutions in addition to 17
state universities; authorizing a state university or 18
Florida College System institution to waive the out -19
of-state fee for a student who is an intercollegiate 20
athlete receiving an athletic scholarship; amending s. 21
1011.45, F.S.; revising the list of authorized 22
expenditures that may be included in a carry forward 23
spending plan for state universities; amending s. 24
1012.886, F.S.; revising a limitation on compensation 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
for Florida College System institution administra tive 26
employees; amending s. 1012.976, F.S.; revising and 27
providing definitions; revising a limitation on 28
compensation for state university employees; amending 29
s. 1012.978, F.S.; requiring university boards of 30
trustees to submit an annual report to the Boar d of 31
Governors when awarding bonuses; requiring the board 32
to develop a regulation; amending s. 1013.45, F.S.; 33
revising applicability of certain educational 34
facilities contracting and construction techniques; 35
amending s. 1013.62, F.S.; deleting obsolete lan guage; 36
making technical changes; revising the calculation 37
methodologies for the distribution of specified funds 38
to eligible charter schools; providing school district 39
requirements for the distribution of capital outlay 40
funds to eligible charter schools; amending s. 41
1013.64, F.S.; deleting cost and size limitations 42
applicable to certain minor facilities; amending s. 43
1013.841, F.S.; revising the list of authorized 44
expenditures that may be included in a carry forward 45
spending plan for Florida College System in stitutions; 46
providing an effective date. 47
48
Be It Enacted by the Legislature of the State of Florida: 49
50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Section 1. Paragraph (b) of subsection (6) of section 51
212.055, Florida Statutes, is amended to read: 52
212.055 Discretionary sales surtaxes; legisl ative intent; 53
authorization and use of proceeds. —It is the legislative intent 54
that any authorization for imposition of a discretionary sales 55
surtax shall be published in the Florida Statutes as a 56
subsection of this section, irrespective of the duration of the 57
levy. Each enactment shall specify the types of counties 58
authorized to levy; the rate or rates which may be imposed; the 59
maximum length of time the surtax may be imposed, if any; the 60
procedure which must be followed to secure voter approval, if 61
required; the purpose for which the proceeds may be expended; 62
and such other requirements as the Legislature may provide. 63
Taxable transactions and administrative procedures shall be as 64
provided in s. 212.054. 65
(6) SCHOOL CAPITAL OUTLAY SURTAX. — 66
(b) The resolution must include a statement that provides 67
a brief and general description of the school capital outlay 68
projects to be funded by the surtax. The resolution must include 69
a statement that the revenues collected must be shared with 70
eligible charter schools ba sed on their proportionate share of 71
the total school district capital outlay full-time equivalent 72
enrollment as adopted by the education estimating conference 73
established in s. 216.136 enrollment. The statement must conform 74
to the requirements of s. 101.16 1 and shall be placed on the 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
ballot by the governing body of the county. The following 76
question shall be placed on the ballot: 77
78
....FOR THE ....CENTS TAX
79
....AGAINST THE ....CENTS TAX
80
Section 2. Paragraph (a) of subsection (7) of section 81
1001.706, Florida Statutes, is amended to read: 82
1001.706 Powers and duties of the Board of Governors. — 83
(7) POWERS AND DUTIES RELATING TO PROPERTY. — 84
(a) The Board of Governors shall develop guidelines for 85
university boards of trustees relating to the acquisition of 86
real and personal property and the sale and disposal thereof and 87
the approval and execution of contracts for the purchase, sale, 88
lease, license, or acquisition of commodities, goods, equipment, 89
contractual services, leases of real and person al property, and 90
construction. The acquisition may include purchase by 91
installment or lease -purchase. Such contracts may provide for 92
payment of interest on the unpaid portion of the purchase price. 93
Title to all real property acquired before prior to January 7, 94
2003, and to all real property acquired with funds appropriated 95
by the Legislature shall be vested in the Board of Trustees of 96
the Internal Improvement Trust Fund and shall be transferred and 97
conveyed by it. 98
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1. No later than October 1, 2023, the Bo ard of Governors 99
shall develop regulations for university boards of trustees 100
relating to the procedures for contracting for professional 101
services as defined in s. 287.055(2)(a) and for the construction 102
of new facilities or for the remodeling, renovation, o r 103
maintenance of or additions or repairs to existing facilities. 104
The regulations must include, but are not limited to, 105
competitive bids, design -build, and selection of a construction 106
management entity. Contracts executed, extended, or amended on 107
or before September 30, 2023, must comply with the requirements 108
of s. 287.055. 109
2. Notwithstanding any other provisions of this 110
subsection, each board of trustees shall comply with the 111
provisions of s. 287.055 for the procurement of professional 112
services as defined therein. any acquisition pursuant to this 113
paragraph is subject to the provisions of s. 1010.62. 114
Section 3. Section 1004.3841, Florida Statutes, is created 115
to read: 116
1004.3841 The Institute for Risk Management and Insurance 117
Education.—The Institute for Risk Management and Insurance 118
Education is established within the College of Business at the 119
University of Central Florida. Since insurance and risk 120
management is a major industry in the state, with a 121
concentration of such industry in Volusia County, th e institute 122
shall be located in Volusia County. Like many other industries 123
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
in the state, the insurance and risk management industry is 124
being revolutionized by, among other things, the integration of 125
technology, predictive analytics, and data science, and i s 126
becoming more complex given its exposure to transformative 127
trends in the economy and environment. The purpose of the 128
institute is to respond to the ever -evolving insurance and risk 129
management industry and the present and emerging needs of the 130
state and its residents. The goals of the institute are to: 131
(1) Pursue technological innovations that advance risk 132
valuation models and operational efficiencies in the insurance 133
industry. 134
(2) Drive the development of workforce competencies in 135
data analytics, syst em-level thinking, technology integration, 136
entrepreneurship, and actuarial science. 137
(3) Leverage the University of Central Florida's world 138
class assets in data science, artificial intelligence, computer 139
science, engineering, finance, economics, and sales . 140
(4) Take advantage of the University of Central Florida's 141
robust portfolio of academic program offerings and draw on 142
faculty and industry experts in diverse fields, including 143
actuarial science, computer science, economics, engineering, 144
environmental science, finance, forensics, law, management, 145
marketing, and psychology. 146
(5) Develop and offer risk management and insurance 147
education, including education that recognizes risks in areas 148
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
such as the environment, pandemic disease, and digital security. 149
(6) Offer programs, workshops, case studies, and applied 150
research studies that integrate technology and artificial 151
intelligence with soft skills while preparing students and 152
professionals for the technology -enabled insurance industry of 153
the future. 154
Section 4. Subsections (2) and (4) of section 1009.26, 155
Florida Statutes, are amended, and subsection (21) is added to 156
that section, to read: 157
1009.26 Fee waivers. — 158
(2) A state university or Florida College System 159
institution may waive any or all application, tuition, or and 160
related fees for persons who supervise student interns for a 161
state university or Florida College System institution . 162
(4) A state university or Florida College System 163
institution may waive any or all application, tuition, or and 164
related fees for persons 60 years of age or older who are 165
residents of this state and who attend classes for credit. No 166
Academic credit may not shall be awarded for attendance in 167
classes for which fees are waived under this subsection. This 168
privilege may be granted only on a space -available basis, if 169
such classes are not filled as of the close of registration. A 170
university or Florida College System ins titution may limit or 171
deny the privilege for courses that which are in programs for 172
which the Board of Governors or State Board of Education, 173
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
respectively, has established selective admissions criteria. 174
Persons paying full fees and state employees taking c ourses on a 175
space-available basis shall have priority over those persons 176
whose fees are waived in all cases where classroom spaces are 177
limited. 178
(21) A state university or Florida College System 179
institution may waive the out -of-state fee for a student who is 180
an intercollegiate athlete receiving an athletic scholarship. 181
Section 5. Subsection (3) of section 1011.45, Florida 182
Statutes, is amended to read: 183
1011.45 End of year balance of funds. —Unexpended amounts 184
in any fund in a university current year op erating budget shall 185
be carried forward and included as the balance forward for that 186
fund in the approved operating budget for the following year. 187
(3) A university's carry forward spending plan must shall 188
include the estimated cost per planned expenditur e and a 189
timeline for completion of the expenditure. Authorized 190
expenditures in a carry forward spending plan may include: 191
(a) Commitment of funds to a public education capital 192
outlay project for which an appropriation has previously been 193
provided that requires additional funds for completion and which 194
is included in the list required by s. 1001.706(12)(d); 195
(b) Completion of a renovation, repair, or maintenance 196
project that is consistent with the provisions of s. 1013.64(1) 197
or, up to $5 million per proje ct and replacement of a minor 198
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
facility that does not exceed 10,000 gross square feet in size 199
up to $2 million; 200
(c) Completion of a remodeling or infrastructure project, 201
including a project for a developmental research school, up to 202
$10 million per projec t, if such project is survey recommended 203
pursuant to s. 1013.31; 204
(d) Completion of a repair or replacement project 205
necessary due to damage caused by a natural disaster for 206
buildings included in the inventory required pursuant to s. 207
1013.31; 208
(e) Operating expenditures that support the university's 209
university mission and that are nonrecurring ; 210
(f) Any purpose specified by the board or in the General 211
Appropriations Act, including the requirements in s. 212
1001.706(12)(c) or similar requirements pursuant to Board of 213
Governors regulations ; and 214
(g) A commitment of funds to a contingency reserve for 215
expenses incurred as a result of a state of emergency declared 216
by the Governor pursuant to s. 252.36 . 217
Section 6. Subsection (2) of section 1012.886, Florida 218
Statutes, is amended to read: 219
1012.886 Remuneration of Florida College System 220
institution administrative employees; limitations. — 221
(2) LIMITATION ON COMPENSATION. —Notwithstanding any other 222
law, resolution, or rule to the contrary, a Florida College 223
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
System institution administrative employee may not receive more 224
than $250,000 $200,000 in remuneration annually from 225
appropriated state funds. Only compensation, as such term is 226
defined in s. 121.021(22), provided to a Florida College System 227
institution administ rative employee may be used in calculating 228
benefits under chapter 121. 229
Section 7. Section 1012.976, Florida Statutes, is amended 230
to read: 231
1012.976 Remuneration of state university employees; 232
limitations.— 233
(1) DEFINITIONS.—As used in this section, t he term: 234
(a) "Appropriated state funds" means funds appropriated 235
from the General Revenue Fund or funds appropriated from state 236
trust funds. 237
(b) "Cash-equivalent compensation" means any benefit that 238
may be assigned an equivalent cash value. 239
(b) "Public funds" means funds appropriated from the 240
General Revenue Fund, funds appropriated from state trust funds, 241
or tuition and fees. 242
(c) "Remuneration" means salary, bonuses, and cash -243
equivalent compensation paid to a state university employee by 244
his or her employer for work performed, excluding health 245
insurance benefits and retirement benefits. 246
(2) LIMITATION ON COMPENSATION. —Notwithstanding any other 247
law, resolution, or rule to the contrary, a state university 248
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
employee may not receive more than $250,000 $200,000 in 249
remuneration annually from public appropriated state funds. Only 250
compensation, as such term is defined in s. 121.021(22), 251
provided to a state university employee may be used in 252
calculating benefits under chapter 121. 253
(3) EXCEPTIONS.—This section does not prohibit any party 254
from providing cash or cash-equivalent compensation from funds 255
that are not public appropriated state funds to a state 256
university employee in excess of the limit in subsection (2). If 257
a party is unable or unwilling to fulfill an obligation to 258
provide cash or cash -equivalent compensation to a state 259
university employee as permitted under this subsection, public 260
appropriated state funds may not be used to fulfill such 261
obligation. This section does not a pply to university teaching 262
faculty in instructional programs classified as Computer 263
Information Sciences and Support Services; Engineering; 264
Engineering Technologies and Engineering -Related Fields; Florida 265
Mental Health Institute; Health Professions and Re lated 266
Programs; Homeland Security, Law Enforcement, Firefighting, and 267
Related Fields; Mathematics; Nursing; or Physical Sciences; or 268
to medical school faculty or staff . 269
Section 8. Section 1012.978, Florida Statutes, is amended 270
to read: 271
1012.978 Bonuses for state university system employees. —272
Notwithstanding s. 215.425(3), a university board of trustees 273
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
may implement a bonus scheme based on awards for work 274
performance or employee recruitment and retention. The board of 275
trustees must submit an annual report to the Board of Governors 276
when awarding bonuses the bonus scheme, including the evaluation 277
criteria by which a bonus will be awarded . The Board of 278
Governors shall develop a regulation to ensure consistency in 279
the implementation of this section must approve any bonus scheme 280
created under this section before its implementation . 281
Section 9. Section 1013.45, Florida Statutes, is amended 282
to read: 283
1013.45 Educational facilities contracting and 284
construction techniques for school districts and Florida Coll ege 285
System institutions.— 286
(1) District school boards and boards of trustees of 287
Florida College System institutions may employ procedures to 288
contract for construction of new facilities, or for additions, 289
remodeling, renovation, maintenance, or repairs to existing 290
facilities, which that will include, but are not be limited to: 291
(a) Competitive bids . 292
(b) Design-build pursuant to s. 287.055. 293
(c) Selecting a construction management entity, pursuant 294
to s. 255.103 or the process provided by s. 287.055, that would 295
be responsible for all scheduling and coordination in both 296
design and construction phases and is generally responsible for 297
the successful, timely, and economical completion of the 298
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
construction project. The construction management entity must 299
consist of or contract with licensed or registered professionals 300
for the specific fields or areas of construction to be 301
performed, as required by la w. At the option of the board, the 302
construction management entity, after having been selected, may 303
be required to offer a guaranteed maximum price or a guaranteed 304
completion date; in which case, the construction management 305
entity must secure an appropriate surety bond pursuant to s. 306
255.05 and must hold construction subcontracts. The criteria for 307
selecting a construction management entity may shall not 308
unfairly penalize an entity that has relevant experience in the 309
delivery of construction projects of simil ar size and complexity 310
by methods of delivery other than construction management. 311
(d) Selecting a program management entity, pursuant to s. 312
255.103 or the process provided by s. 287.055, that would act as 313
the agent of the board and would be responsible f or schedule 314
control, cost control, and coordination in providing or 315
procuring planning, design, and construction services. The 316
program management entity must consist of or contract with 317
licensed or registered professionals for the specific areas of 318
design or construction to be performed as required by law. The 319
program management entity may retain necessary design 320
professionals selected under the process provided in s. 287.055. 321
At the option of the board, the program management entity, after 322
having been selected, may be required to offer a guaranteed 323
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
maximum price or a guaranteed completion date, in which case the 324
program management entity must secure an appropriate surety bond 325
pursuant to s. 255.05 and must hold design and construction 326
subcontracts. The crit eria for selecting a program management 327
entity may shall not unfairly penalize an entity that has 328
relevant experience in the delivery of construction programs of 329
similar size and complexity by methods of delivery other than 330
program management. 331
(e) Day-labor contracts not exceeding $280,000 for 332
construction, renovation, remodeling, or maintenance of existing 333
facilities. This amount shall be adjusted annually based upon 334
changes in the Consumer Price Index. 335
(2) For the purposes of this section, "day -labor contract" 336
means a project constructed using persons employed directly by a 337
board or by contracted labor. 338
(3) Contractors, design -build firms, contract management 339
entities, program management entities, or any other person under 340
contract to construct facil ities or major additions to 341
facilities may use any construction techniques allowed by 342
contract and not prohibited by law, including, but not limited 343
to, those techniques known as fast -track construction 344
scheduling, use of components, and systems building p rocess. 345
(4) Except as otherwise provided in this section and s. 346
481.229, the services of a registered architect must be used for 347
the development of plans for the erection, enlargement, or 348
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
alteration of any educational facility. The services of a 349
registered architect are not required for a minor renovation 350
project for which the construction cost is less than $50,000 or 351
for the placement or hookup of relocatable educational 352
facilities that conform to with standards adopted under s. 353
1013.37. However, boards must provide compliance with building 354
code requirements and ensure that these structures are 355
adequately anchored for wind resistance as required by law. A 356
district school board shall reuse existing construction 357
documents or design criteria packages if such reuse is feasible 358
and practical. If a school district's 5 -year educational 359
facilities work plan includes the construction of two or more 360
new schools for students in the same grade group and program, 361
such as elementary, middle, or high school, the district school 362
board must shall require that prototype design and construction 363
be used for the construction of these schools. Notwithstanding 364
s. 287.055, a board may purchase the architectural services for 365
the design of educational or ancillary facilities under a n 366
existing contract agreement for professional services held by a 367
district school board in the State of Florida, provided that the 368
purchase is to the economic advantage of the purchasing board, 369
the services conform to the standards prescribed by rules of t he 370
State Board of Education, and such reuse is not without notice 371
to, and permission from, the architect of record whose plans or 372
design criteria are being reused. Plans must shall be reviewed 373
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
for compliance with the State Requirements for Educational 374
Facilities. Rules adopted under this section must establish 375
uniform prequalification, selection, bidding, and negotiation 376
procedures applicable to construction management contracts and 377
the design-build process. This section does not supersede any 378
small, woman-owned, or minority-owned business enterprise 379
preference program adopted by a board. Except as otherwise 380
provided in this section, the negotiation procedures applicable 381
to construction management contracts and the design -build 382
process must conform to the requirem ents of s. 287.055. A board 383
may not modify any rules regarding construction management 384
contracts or the design -build process. 385
Section 10. Subsections (1), (2), and (3) of section 386
1013.62, Florida Statutes, are amended to read: 387
1013.62 Charter schools capital outlay funding. — 388
(1) For the 2022-2023 fiscal year, charter school capital 389
outlay funding shall consist of state funds appropriated in the 390
2022-2023 General Appropriations Act. Beginning in fiscal year 391
2023-2024, Charter school capital outlay fu nding shall consist 392
of state funds when such funds are appropriated in the General 393
Appropriations Act and revenue resulting from the discretionary 394
millage authorized in s. 1011.71(2) if the amount of state funds 395
appropriated for charter school capital outl ay in any fiscal 396
year is less than the average charter school capital outlay 397
funds per unweighted full -time equivalent student for the 2018 -398
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2019 fiscal year, multiplied by the estimated number of charter 399
school students for the applicable fiscal year, and adjusted by 400
changes in the Consumer Price Index issued by the United States 401
Department of Labor from the previous fiscal year. Nothing in 402
this subsection prohibits a school district from distributing to 403
charter schools funds resulting from the discretionar y millage 404
authorized in s. 1011.71(2) . 405
(a) To be eligible to receive capital outlay funds, a 406
charter school must: 407
1.a. Have been in operation for 2 or more years; 408
b. Be governed by a governing board established in the 409
state for 2 or more years which operates both charter schools 410
and conversion charter schools within the state; 411
c. Be an expanded feeder chain of a charter school within 412
the same school district that is currently receiving charter 413
school capital outlay funds; 414
d. Have been accredited b y a regional accrediting 415
association as defined by State Board of Education rule; 416
e. Serve students in facilities that are provided by a 417
business partner for a charter school -in-the-workplace pursuant 418
to s. 1002.33(15)(b); or 419
f. Be operated by a hope o perator pursuant to s. 1002.333. 420
2. Have an annual audit that does not reveal any of the 421
financial emergency conditions provided in s. 218.503(1) for the 422
most recent fiscal year for which such audit results are 423
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available. 424
3. Have satisfactory student a chievement based on state 425
accountability standards applicable to the charter school. 426
4. Have received final approval from its sponsor pursuant 427
to s. 1002.33 for operation during that fiscal year. 428
5. Serve students in facilities that are not provided by 429
the charter school's sponsor. 430
(b) A charter school is not eligible to receive capital 431
outlay funds if it was created by the conversion of a public 432
school and operates in facilities provided by the charter 433
school's sponsor for a nominal fee, or at no cha rge, or if it is 434
directly or indirectly operated by the school district. 435
(2) The department shall use the following calculation 436
methodology to allocate state funds appropriated in the General 437
Appropriations Act to eligible charter schools: 438
(a) Eligible charter schools shall be grouped into 439
categories based on their student populations according to the 440
following criteria: 441
1. Seventy-five percent or greater who are eligible for 442
free or reduced-price school meals under the National School 443
Lunch Program or, for schools operating programs under the 444
Community Eligibility Provision of the Healthy, Hunger -Free Kids 445
Act of 2010, an equivalent percentage of the student population 446
eligible for free and reduced -price meals as determined by 447
applying the multiplier authorized under the National School 448
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Lunch Act, 42 U.S.C. s. 1759a(a)(1)(F)(vii), to the number of 449
students reported for direct certification. 450
2. Twenty-five percent or greater with disabilities as 451
defined in state board rule and consistent with the requ irements 452
of the Individuals with Disabilities Education Act. 453
(b) If an eligible charter school does not meet the 454
criteria for either category under paragraph (a), its FTE shall 455
be provided as the base amount of funding and shall be assigned 456
a weight of 1.0. An eligible charter school that meets the 457
criteria under subparagraph (a)1. or subparagraph (a)2. shall be 458
provided an additional 25 percent above the base funding amount, 459
and the total FTE shall be multiplied by a weight of 1.25. An 460
eligible charter school that meets the criteria under both 461
subparagraphs (a)1. and (a)2. shall be provided an additional 50 462
percent above the base funding amount, and the FTE for that 463
school shall be multiplied by a weight of 1.5. 464
(a)(c) Divide the state appropriation fo r charter school 465
capital outlay shall be divided by the total weighted FTE for 466
all eligible charter schools to determine the base charter 467
school per weighted FTE allocation amount. The base charter 468
school per weighted FTE allocation amount shall be multipl ied by 469
the weighted FTE of each charter school to determine each 470
charter school's capital outlay allocation. 471
(b)(d) The department shall calculate the eligible charter 472
school funding allocations. Funds shall be allocated using full -473
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time equivalent member ship from the second and third enrollment 474
surveys and free and reduced -price school lunch data . The 475
department shall recalculate the allocations periodically based 476
on the receipt of revised information, on a schedule established 477
by the Commissioner of Educ ation. 478
(c)(e) The department shall distribute capital outlay 479
funds monthly, beginning in the first quarter of the fiscal 480
year, based on one-twelfth of the amount the department 481
reasonably expects the charter school to receive during that 482
fiscal year. The commissioner shall adjust subsequent 483
distributions as necessary to reflect each charter school's 484
recalculated allocation. 485
(3) If the school board levies the discretionary millage 486
authorized in s. 1011.71(2), and the state funds appropriated 487
for charter school capital outlay in any fiscal year are less 488
than the average charter school capital outlay funds per 489
unweighted full-time equivalent student for the 2018 -2019 fiscal 490
year, multiplied by the estimated number of charter school 491
students for the applicab le fiscal year, and adjusted by changes 492
in the Consumer Price Index issued by the United States 493
Department of Labor from the previous fiscal year, the 494
department shall use the following calculation methodology to 495
determine the amount of revenue that a scho ol district must 496
distribute to each eligible charter school: 497
(a) Reduce the total discretionary millage revenue by the 498
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school district's annual debt service obligation incurred as of 499
March 1, 2017, which has not been subsequently retired, and any 500
amount of participation requirement pursuant to s. 501
1013.64(2)(a)8. that is being satisfied by revenues raised by 502
the discretionary millage. 503
(b) Divide the school district's adjusted discretionary 504
millage revenue by the district's total capital outlay full -time 505
equivalent membership and the total number of unweighted full-506
time equivalent students of each eligible charter school to 507
determine a capital outlay allocation per full -time equivalent 508
student. 509
(c) Multiply the capital outlay allocation per full -time 510
equivalent student by the total number of full -time equivalent 511
students of each eligible charter school to determine the 512
capital outlay allocation for each charter school. 513
(d) If applicable, reduce the capital outlay allocation 514
identified in paragraph (c) b y the total amount of state funds 515
allocated to each eligible charter school in subsection (2) to 516
determine the maximum calculated capital outlay allocation. The 517
amount of funds a school district must distribute to charter 518
schools shall be as follows: 519
1. For fiscal year 2023 -2024, the amount is 20 percent of 520
the amount calculated under this paragraph. 521
2. For fiscal year 2024 -2025, the amount is 40 percent of 522
the amount calculated under this paragraph. 523
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3. For fiscal year 2025 -2026, the amount is 60 perc ent of 524
the amount calculated under this paragraph. 525
4. For fiscal year 2026 -2027, the amount is 80 percent of 526
the amount calculated under this paragraph. 527
5. For fiscal year 2027 -2028, and each fiscal year 528
thereafter, the amount is 100 percent of the amo unt calculated 529
under this paragraph. 530
(e) School districts shall distribute capital outlay funds 531
to eligible charter schools no later than February 1 of each 532
year, as required by this subsection, based on the amount of 533
funds received by the district schoo l board. School districts 534
shall distribute any remaining capital outlay funds, as required 535
by this subsection, upon the receipt of such funds until the 536
total amount calculated pursuant to this subsection is 537
distributed. 538
539
By October 1 of each year, each sch ool district shall certify to 540
the department the amount of debt service and participation 541
requirement that complies with the requirement of paragraph (a) 542
and can be reduced from the total discretionary millage revenue. 543
The Auditor General shall verify comp liance with the 544
requirements of paragraph (a) and s. 1011.71(2)(e) during 545
scheduled operational audits of school districts. 546
Section 11. Paragraph (h) of subsection (1) of section 547
1013.64, Florida Statutes, is amended to read: 548
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1013.64 Funds for compre hensive educational plant needs; 549
construction cost maximums for school district capital 550
projects.—Allocations from the Public Education Capital Outlay 551
and Debt Service Trust Fund to the various boards for capital 552
outlay projects shall be determined as foll ows: 553
(1) 554
(h) University boards of trustees may utilize funds 555
appropriated pursuant to this section for replacement of minor 556
facilities provided that such projects do not exceed $1 million 557
in cost or 10,000 gross square feet in size . Minor facilities 558
may not be replaced from funds provided pursuant to this section 559
unless the board determines that the cost of repair or 560
renovation is greater than or equal to the cost of replacement. 561
Section 12. Subsection (4) of section 1013.841, Florida 562
Statutes, is amended to read: 563
1013.841 End of year balance of Florida College System 564
institution funds.— 565
(4) A Florida College System institution identified in 566
paragraph (3)(b) must include in its carry forward spending plan 567
the estimated cost per planned expenditure and a timeline for 568
completion of the expenditure. Authorized expenditures in a 569
carry forward spending plan may include: 570
(a) Commitment of funds to a public education capital 571
outlay project for which an appropriation was previously 572
provided, which requir es additional funds for completion, and 573
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which is included in the list required by s. 1001.03(18)(d); 574
(b) Completion of a renovation, repair, or maintenance 575
project that is consistent with the provisions of s. 1013.64(1) 576
or replacement of a minor facility , up to $5 million per 577
project; 578
(c) Completion of a remodeling or infrastructure project, 579
up to $10 million per project, if such project is survey 580
recommended pursuant to s. 1013.31; 581
(d) Completion of a repair or replacement project 582
necessary due to damage caused by a natural disaster for 583
buildings included in the inventory required pursuant to s. 584
1013.31; 585
(e) Operating expenditures that support the Florida 586
College System institution's mission which are nonrecurring ; 587
(f) Any purpose approved by the state board or specified 588
in the General Appropriations Act; and 589
(g) A commitment of funds to a contingency reserve for 590
expenses incurred as a result of a state of emergency declared 591
by the Governor pursuant to s. 252.36. 592
Section 13. This act shal l take effect July 1, 2023. 593