Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 1710
                        Barcode 763840
                            CHAMBER ACTION
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11  The Committee on Education (Wise) recommended the following
12  amendment:
13  
14         Senate Amendment (with title amendment) 
15         On page 4, between lines 7 and 8,
16  
17  insert:  
18         Section 2.  Section 218.503, Florida Statutes, is
19  amended to read:
20         218.503  Determination of financial emergency.--
21         (1)  Local governmental entities, charter schools, and
22  district school boards shall be subject to review and
23  oversight by the Governor or the Commissioner of Education
24  when any one of the following conditions occurs:
25         (a)  Failure within the same fiscal year in which due
26  to pay short-term loans or failure to make bond debt service
27  or other long-term debt payments when due, as a result of a
28  lack of funds.
29         (b)  Failure to pay uncontested claims from creditors
30  within 90 days after the claim is presented, as a result of a
31  lack of funds.
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Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1710 Barcode 763840 1 (c) Failure to transfer at the appropriate time, due 2 to lack of funds: 3 1. Taxes withheld on the income of employees; or 4 2. Employer and employee contributions for: 5 a. Federal social security; or 6 b. Any pension, retirement, or benefit plan of an 7 employee. 8 (d) Failure for one pay period to pay, due to lack of 9 funds: 10 1. Wages and salaries owed to employees; or 11 2. Retirement benefits owed to former employees. 12 (e) An unreserved or total fund balance or retained 13 earnings deficit, or unrestricted or total net assets deficit, 14 as reported on the balance sheet or statement of net assets on 15 the general purpose or fund financial statements, for which 16 sufficient resources of the local governmental entity, as 17 reported on the balance sheet or statement of net assets on 18 the general purpose or fund financial statements, are not 19 available to cover the deficit. Resources available to cover 20 reported deficits include net assets that are not otherwise 21 restricted by federal, state, or local laws, bond covenants, 22 contractual agreements, or other legal constraints. Fixed or 23 capital assets, the disposal of which would impair the ability 24 of a local governmental entity to carry out its functions, are 25 not considered resources available to cover reported deficits. 26 (2) A local governmental entity shall notify the 27 Governor and the Legislative Auditing Committee, a charter 28 school shall notify the charter school sponsor and the 29 Legislative Auditing Committee, and a district school board 30 shall notify the Commissioner of Education and the Legislative 31 Auditing Committee, when one or more of the conditions 2 2:56 PM 03/18/05 s1710c-ed05-ted
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1710 Barcode 763840 1 specified in subsection (1) have occurred or will occur if 2 action is not taken to assist the local governmental entity, 3 charter school, or district school board. In addition, any 4 state agency must, within 30 days after a determination that 5 one or more of the conditions specified in subsection (1) have 6 occurred or will occur if action is not taken to assist the 7 local governmental entity, charter school, or district school 8 board, notify the Governor, charter school sponsor, or the 9 Commissioner of Education, as appropriate, and the Legislative 10 Auditing Committee. 11 (3) Upon notification that one or more of the 12 conditions in subsection (1) exist, the Governor or his or her 13 designee shall contact the local governmental entity or the 14 Commissioner of Education or his or her designee shall contact 15 the district school board to determine what actions have been 16 taken by the local governmental entity or the district school 17 board to resolve the condition. The Governor or the 18 Commissioner of Education, as appropriate, shall determine 19 whether the local governmental entity or the district school 20 board needs state assistance to resolve the condition. If 21 state assistance is needed, the local governmental entity or 22 district school board is considered to be in a state of 23 financial emergency. The Governor or the Commissioner of 24 Education, as appropriate, has the authority to implement 25 measures as set forth in ss. 218.50-218.504 to assist the 26 local governmental entity or district school board in 27 resolving the financial emergency. Such measures may include, 28 but are not limited to: 29 (a) Requiring approval of the local governmental 30 entity's budget by the Governor or approval of the district 31 school board's budget by the Commissioner of Education. 3 2:56 PM 03/18/05 s1710c-ed05-ted
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1710 Barcode 763840 1 (b) Authorizing a state loan to a local governmental 2 entity and providing for repayment of same. 3 (c) Prohibiting a local governmental entity or 4 district school board from issuing bonds, notes, certificates 5 of indebtedness, or any other form of debt until such time as 6 it is no longer subject to this section. 7 (d) Making such inspections and reviews of records, 8 information, reports, and assets of the local governmental 9 entity or district school board. The appropriate local 10 officials shall cooperate in such inspections and reviews. 11 (e) Consulting with officials and auditors of the 12 local governmental entity or the district school board and the 13 appropriate state officials regarding any steps necessary to 14 bring the books of account, accounting systems, financial 15 procedures, and reports into compliance with state 16 requirements. 17 (f) Providing technical assistance to the local 18 governmental entity or the district school board. 19 (g)1. Establishing a financial emergency board to 20 oversee the activities of the local governmental entity or the 21 district school board. If a financial emergency board is 22 established for a local governmental entity, the Governor 23 shall appoint board members and select a chair. If a financial 24 emergency board is established for a district school board, 25 the State Board of Education shall appoint board members and 26 select a chair. The financial emergency board shall adopt such 27 rules as are necessary for conducting board business. The 28 board may: 29 a. Make such reviews of records, reports, and assets 30 of the local governmental entity or the district school board 31 as are needed. 4 2:56 PM 03/18/05 s1710c-ed05-ted
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1710 Barcode 763840 1 b. Consult with officials and auditors of the local 2 governmental entity or the district school board and the 3 appropriate state officials regarding any steps necessary to 4 bring the books of account, accounting systems, financial 5 procedures, and reports of the local governmental entity or 6 the district school board into compliance with state 7 requirements. 8 c. Review the operations, management, efficiency, 9 productivity, and financing of functions and operations of the 10 local governmental entity or the district school board. 11 2. The recommendations and reports made by the 12 financial emergency board must be submitted to the Governor 13 for local governmental entities or to the Commissioner of 14 Education and the State Board of Education for district school 15 boards for appropriate action. 16 (h) Requiring and approving a plan, to be prepared by 17 officials of the local governmental entity or the district 18 school board in consultation with the appropriate state 19 officials, prescribing actions that will cause the local 20 governmental entity or district school board to no longer be 21 subject to this section. The plan must include, but need not 22 be limited to: 23 1. Provision for payment in full of obligations 24 outlined in subsection (1), designated as priority items, that 25 are currently due or will come due. 26 2. Establishment of priority budgeting or zero-based 27 budgeting in order to eliminate items that are not affordable. 28 3. The prohibition of a level of operations which can 29 be sustained only with nonrecurring revenues. 30 (4) Upon notification that one or more of the 31 conditions in subsection (1) exist, the charter school sponsor 5 2:56 PM 03/18/05 s1710c-ed05-ted
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1710 Barcode 763840 1 or the sponsor's designee shall contact the charter school 2 governing board to determine what actions have been taken by 3 the charter school governing board to resolve the condition. 4 The charter school sponsor has the authority to require and 5 approve a financial-recovery plan, to be prepared by the 6 charter school governing board, prescribing actions that will 7 cause the charter school to no longer be subject to this 8 section. The Department of Education must establish guidelines 9 for developing such plans. 10 (5)(4) A local governmental entity or district school 11 board may not seek application of laws under the bankruptcy 12 provisions of the United States Constitution except with the 13 prior approval of the Governor for local governmental entities 14 or the Commissioner of Education for district school boards. 15 (6)(5)(a) The governing authority of any municipality 16 having a resident population of 300,000 or more on or after 17 April 1, 1999, which has been declared in a state of financial 18 emergency pursuant to this section may impose a discretionary 19 per-vehicle surcharge of up to 20 percent on the gross 20 revenues of the sale, lease, or rental of space at parking 21 facilities within the municipality which are open for use to 22 the general public. 23 (b) A municipal governing authority that imposes the 24 surcharge authorized by this subsection may use the proceeds 25 of such surcharge for the following purposes only: 26 1. No less than 60 percent and no more than 80 percent 27 of the surcharge proceeds shall be used by the governing 28 authority to reduce its ad valorem tax millage rate or to 29 reduce or eliminate non-ad valorem assessments. 30 2. A portion of the balance of the surcharge proceeds 31 shall be used by the governing authority to increase its 6 2:56 PM 03/18/05 s1710c-ed05-ted
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1710 Barcode 763840 1 budget reserves; however, the governing authority shall not 2 reduce the amount it allocates for budget reserves from other 3 sources below the amount allocated for reserves in the fiscal 4 year prior to the year in which the surcharge is initially 5 imposed. When a 15-percent budget reserve is achieved, based 6 on the average gross revenue for the most recent 3 prior 7 fiscal years, the remaining proceeds from this subparagraph 8 shall be used for the payment of annual debt service related 9 to outstanding obligations backed or secured by a covenant to 10 budget and appropriate from non-ad valorem revenues. 11 (c) This subsection expires June 30, 2006. 12 13 (Redesignate subsequent sections.) 14 15 16 ================ T I T L E A M E N D M E N T =============== 17 And the title is amended as follows: 18 On page 1, line 5, after the first semicolon, 19 20 insert: 21 amending s. 218.503, F.S.; providing for 22 charter schools to be subject to provisions 23 governing financial emergencies; 24 25 26 27 28 29 30 31 7 2:56 PM 03/18/05 s1710c-ed05-ted