| 1 | Representative Flores offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause and insert: |
| 5 | Section 1. Present subsections (4) and (5) of section |
| 6 | 218.503, Florida Statutes, are renumbered as subsections (5) and |
| 7 | (6), respectively, and a new subsection (4) is added to that |
| 8 | section to read: |
| 9 | 218.503 Determination of financial emergency.-- |
| 10 | (4) Notwithstanding ss. 1001.395 and 1001.47, if the |
| 11 | Commissioner of Education determines that the measures imposed |
| 12 | pursuant to subsection (3) have not eliminated a state of |
| 13 | financial emergency in a school district within 30 days after |
| 14 | the date the financial emergency was declared to exist, the |
| 15 | salary of each district school board member, the district |
| 16 | superintendent, and each district employee, except for classroom |
| 17 | teachers, other classroom instructional personnel, educational |
| 18 | support employees, and all other nonadministrative personnel, |
| 19 | shall be reduced proportionately in an amount necessary to |
| 20 | provide for an unreserved general fund balance of 2 percent of |
| 21 | general fund revenues in the district's operating budget. |
| 22 | Section 2. Paragraph (c) of subsection (3) of section |
| 23 | 1002.53, Florida Statutes, is amended to read: |
| 24 | 1002.53 Voluntary Prekindergarten Education Program; |
| 25 | eligibility and enrollment.-- |
| 26 | (3) The parent of each child eligible under subsection (2) |
| 27 | may enroll the child in one of the following programs: |
| 28 | (c) A school-year prekindergarten program delivered by a |
| 29 | public school, if offered by a school district that is eligible |
| 30 | under s. 1002.63. |
| 31 |
|
| 32 | Except as provided in s. 1002.71(4), a child may not enroll in |
| 33 | more than one of these programs. |
| 34 | Section 3. Subsections (4) and (7) of section 1002.61, |
| 35 | Florida Statutes, are amended to read: |
| 36 | 1002.61 Summer prekindergarten program delivered by public |
| 37 | schools and private prekindergarten providers.-- |
| 38 | (4) Notwithstanding ss. 1002.55(3)(c)1. and 1002.63(4) |
| 39 | 1002.63(5), each public school and private prekindergarten |
| 40 | provider must have, for each prekindergarten class, at least one |
| 41 | prekindergarten instructor who: |
| 42 | (a) Is a certified teacher; or |
| 43 | (b) Holds one of the educational credentials specified in |
| 44 | s. 1002.55(4)(a) or (b). |
| 45 |
|
| 46 | As used in this subsection, the term "certified teacher" means a |
| 47 | teacher holding a valid Florida educator certificate under s. |
| 48 | 1012.56 who has the qualifications required by the district |
| 49 | school board to instruct students in the summer prekindergarten |
| 50 | program. In selecting instructional staff for the summer |
| 51 | prekindergarten program, each school district shall give |
| 52 | priority to teachers who have experience or coursework in early |
| 53 | childhood education. |
| 54 | (7) Notwithstanding ss. 1002.55(3)(f) and 1002.63(7) |
| 55 | 1002.63(8), each prekindergarten class in the summer |
| 56 | prekindergarten program, regardless of whether the class is a |
| 57 | public school's or private prekindergarten provider's class, |
| 58 | must be composed of at least 4 students but may not exceed 12 10 |
| 59 | students beginning with the 2009 summer session. In order to |
| 60 | protect the health and safety of students, each public school or |
| 61 | private prekindergarten provider must also provide appropriate |
| 62 | adult supervision for students at all times. This subsection |
| 63 | does not supersede any requirement imposed on a provider under |
| 64 | ss. 402.301-402.319. |
| 65 | Section 4. Section 1002.63, Florida Statutes, is amended |
| 66 | to read: |
| 67 | 1002.63 School-year prekindergarten program delivered by |
| 68 | public schools.-- |
| 69 | (1) Each school district eligible under subsection (4) may |
| 70 | administer the Voluntary Prekindergarten Education Program at |
| 71 | the district level for students enrolled under s. 1002.53(3)(c) |
| 72 | in a school-year prekindergarten program delivered by a public |
| 73 | school. |
| 74 | (2) Each school-year prekindergarten program delivered by |
| 75 | a public school must comprise at least 540 instructional hours. |
| 76 | (3) The district school board of each school district |
| 77 | eligible under subsection (4) shall determine which public |
| 78 | schools in the district may are eligible to deliver the |
| 79 | prekindergarten program during the school year. |
| 80 | (4) To be eligible to deliver the prekindergarten program |
| 81 | during the school year, each school district must meet both of |
| 82 | the following requirements: |
| 83 | (a) The district school board must certify to the State |
| 84 | Board of Education that the school district: |
| 85 | 1. Has reduced the average class size in each classroom in |
| 86 | accordance with s. 1003.03 and the schedule in s. 1(a), Art. IX |
| 87 | of the State Constitution; and |
| 88 | 2. Has sufficient satisfactory educational facilities and |
| 89 | capital outlay funds to continue reducing the average class size |
| 90 | in each classroom in the district's elementary schools for each |
| 91 | year in accordance with the schedule for class size reduction |
| 92 | and to achieve full compliance with the maximum class sizes in |
| 93 | s. 1(a), Art. IX of the State Constitution by the beginning of |
| 94 | the 2010-2011 school year. |
| 95 | (b) The Commissioner of Education must certify to the |
| 96 | State Board of Education that the department has reviewed the |
| 97 | school district's educational facilities, capital outlay funds, |
| 98 | and projected student enrollment and concurs with the district |
| 99 | school board's certification under paragraph (a). |
| 100 | (4)(5) Each public school must have, for each |
| 101 | prekindergarten class, at least one prekindergarten instructor |
| 102 | who meets each requirement in s. 1002.55(3)(c) for a |
| 103 | prekindergarten instructor of a private prekindergarten |
| 104 | provider. |
| 105 | (5)(6) Each prekindergarten instructor employed by a |
| 106 | public school delivering the school-year prekindergarten program |
| 107 | must be of good moral character, must be screened using the |
| 108 | level 2 screening standards in s. 435.04 before employment and |
| 109 | rescreened at least once every 5 years, must be denied |
| 110 | employment or terminated if required under s. 435.06, and must |
| 111 | not be ineligible to teach in a public school because his or her |
| 112 | educator certificate is suspended or revoked. This subsection |
| 113 | does not supersede employment requirements for instructional |
| 114 | personnel in public schools which are more stringent than the |
| 115 | requirements of this subsection. |
| 116 | (6)(7) A public school prekindergarten provider may assign |
| 117 | a substitute instructor to temporarily replace a credentialed |
| 118 | instructor if the credentialed instructor assigned to a |
| 119 | prekindergarten class is absent, as long as the substitute |
| 120 | instructor is of good moral character and has been screened |
| 121 | before employment in accordance with level 2 background |
| 122 | screening requirements in chapter 435. This subsection does not |
| 123 | supersede employment requirements for instructional personnel in |
| 124 | public schools which are more stringent than the requirements of |
| 125 | this subsection. The Agency for Workforce Innovation shall adopt |
| 126 | rules to implement this subsection which shall include required |
| 127 | qualifications of substitute instructors and the circumstances |
| 128 | and time limits for which a public school prekindergarten |
| 129 | provider may assign a substitute instructor. |
| 130 | (7)(8) Each prekindergarten class in a public school |
| 131 | delivering the school-year prekindergarten program must be |
| 132 | composed of at least 4 students but may not exceed 18 students. |
| 133 | In order to protect the health and safety of students, each |
| 134 | school must also provide appropriate adult supervision for |
| 135 | students at all times and, for each prekindergarten class |
| 136 | composed of 11 or more students, must have, in addition to a |
| 137 | prekindergarten instructor who meets the requirements of s. |
| 138 | 1002.55(3)(c), at least one adult prekindergarten instructor who |
| 139 | is not required to meet those requirements but who must meet |
| 140 | each requirement of subsection (5) (6). |
| 141 | (8)(9) Each public school delivering the school-year |
| 142 | prekindergarten program must: |
| 143 | (a) Register with the early learning coalition on forms |
| 144 | prescribed by the Agency for Workforce Innovation; and |
| 145 | (b) Deliver the Voluntary Prekindergarten Education |
| 146 | Program in accordance with this part. |
| 147 | Section 5. Subsections (3) and (4), paragraph (d) of |
| 148 | subsection (6), and subsection (7) of section 1002.71, Florida |
| 149 | Statutes, are amended to read: |
| 150 | 1002.71 Funding; financial and attendance reporting.-- |
| 151 | (3)(a) A separate The base student allocation per full- |
| 152 | time equivalent student in the Voluntary Prekindergarten |
| 153 | Education Program shall be provided in the General |
| 154 | Appropriations Act for a school-year prekindergarten program and |
| 155 | for a summer prekindergarten program. The base student |
| 156 | allocation for a school-year prekindergarten program and shall |
| 157 | be equal for each student, regardless of whether the student is |
| 158 | enrolled in a school-year prekindergarten program delivered by a |
| 159 | public school or a private prekindergarten provider. The base |
| 160 | student allocation for, a summer prekindergarten program shall |
| 161 | be equal for each student, regardless of whether the student is |
| 162 | enrolled in a summer prekindergarten program delivered by a |
| 163 | public school or a private prekindergarten provider, or a |
| 164 | school-year prekindergarten program delivered by a public |
| 165 | school. |
| 166 | (b) Each county's allocation per full-time equivalent |
| 167 | student in the Voluntary Prekindergarten Education Program shall |
| 168 | be calculated annually by multiplying the base student |
| 169 | allocation provided in the General Appropriations Act by the |
| 170 | county's district cost differential provided in s. 1011.62(2). |
| 171 | Each private prekindergarten provider and public school shall be |
| 172 | paid in accordance with the county's allocation per full-time |
| 173 | equivalent student. |
| 174 | (c) The initial allocation shall be based on estimated |
| 175 | student enrollment in each coalition service area. The Agency |
| 176 | for Workforce Innovation shall reallocate funds among the |
| 177 | coalitions based on actual full-time equivalent student |
| 178 | enrollment in each coalition service area. |
| 179 | (d) For programs offered by school districts pursuant to |
| 180 | s. 1002.61 and beginning with the 2009 summer program, each |
| 181 | district's funding shall be based on a full-time equivalent |
| 182 | student enrollment that is evenly divisible by 12 10. If the |
| 183 | result of dividing a district's full-time equivalent student |
| 184 | enrollment by 12 10 is not a whole number, the district's |
| 185 | enrollment calculation shall be adjusted by adding the minimum |
| 186 | number of full-time equivalent students to produce a full-time |
| 187 | equivalent student enrollment calculation that is evenly |
| 188 | divisible by 12 10. |
| 189 | (4) Notwithstanding s. 1002.53(3) and subsection (2): |
| 190 | (a) A child who, for any of the prekindergarten programs |
| 191 | listed in s. 1002.53(3), has not completed more than 10 percent |
| 192 | of the hours authorized to be reported for funding under |
| 193 | subsection (2) may withdraw from the program for good cause, |
| 194 | reenroll in one of the programs, and be reported for funding |
| 195 | purposes as a full-time equivalent student in the program for |
| 196 | which the child is reenrolled. The total funding for a child who |
| 197 | reenrolls in the same program shall not exceed one full-time |
| 198 | equivalent student. |
| 199 | (b) A child who has not substantially completed any of the |
| 200 | prekindergarten programs listed in s. 1002.53(3) may withdraw |
| 201 | from the program due to an extreme hardship that is beyond the |
| 202 | child's or parent's control, reenroll in one of the summer |
| 203 | programs, and be reported for funding purposes as a full-time |
| 204 | equivalent student in the summer program for which the child is |
| 205 | reenrolled. |
| 206 |
|
| 207 | A child may reenroll only once in a prekindergarten program |
| 208 | under this section. A child who reenrolls in a prekindergarten |
| 209 | program under this subsection may not subsequently withdraw from |
| 210 | the program and reenroll. The Agency for Workforce Innovation |
| 211 | shall establish criteria specifying whether a good cause exists |
| 212 | for a child to withdraw from a program under paragraph (a), |
| 213 | whether a child has substantially completed a program under |
| 214 | paragraph (b), and whether an extreme hardship exists which is |
| 215 | beyond the child's or parent's control under paragraph (b). |
| 216 | (6) |
| 217 | (d) The Agency for Workforce Innovation shall adopt, for |
| 218 | funding purposes, a uniform attendance policy for the Voluntary |
| 219 | Prekindergarten Education Program. The attendance policy must |
| 220 | apply statewide and apply equally to all private prekindergarten |
| 221 | providers and public schools. The attendance policy must |
| 222 | establish a minimum requirement for student attendance and |
| 223 | include the following provisions: |
| 224 | 1. Beginning with the 2009-2010 fiscal year for school- |
| 225 | year programs and the 2009 summer program, a student who meets |
| 226 | the minimum requirement of 80 percent of the total number of |
| 227 | hours for the program may be reported as a full-time equivalent |
| 228 | student for funding purposes. |
| 229 | 2. A student who does not meet the minimum requirement may |
| 230 | be reported only as a fractional part of a full-time equivalent |
| 231 | student, reduced pro rata based on the student's attendance. |
| 232 | 3. A student who does not meet the minimum requirement may |
| 233 | be reported as a full-time equivalent student if the student is |
| 234 | absent for good cause in accordance with exceptions specified in |
| 235 | the uniform attendance policy. |
| 236 |
|
| 237 | The uniform attendance policy shall be used only for funding |
| 238 | purposes and does not prohibit a private prekindergarten |
| 239 | provider or public school from adopting and enforcing its |
| 240 | attendance policy under paragraphs (a) and (c). |
| 241 | (7) The Agency for Workforce Innovation shall require that |
| 242 | administrative expenditures be kept to the minimum necessary for |
| 243 | efficient and effective administration of the Voluntary |
| 244 | Prekindergarten Education Program. Administrative policies and |
| 245 | procedures shall be revised, to the maximum extent practicable, |
| 246 | to incorporate the use of automation and electronic submission |
| 247 | of forms, including those required for child eligibility and |
| 248 | enrollment, provider and class registration, and monthly |
| 249 | certification of attendance for payment. A school district may |
| 250 | use the attendance reporting system with which it transmits data |
| 251 | regarding K-12 students to the Department of Education for the |
| 252 | purpose of transmitting attendance data for prekindergarten |
| 253 | students to the early learning coalition. Beginning with the |
| 254 | 2008-2009 fiscal year, each early learning coalition may retain |
| 255 | and expend no more than 4.85 5 percent of the funds paid by the |
| 256 | coalition to private prekindergarten providers and public |
| 257 | schools under paragraph (5)(b). Funds retained by an early |
| 258 | learning coalition under this subsection may be used only for |
| 259 | administering the Voluntary Prekindergarten Education Program |
| 260 | and may not be used for the school readiness program or other |
| 261 | programs. |
| 262 | Section 6. Paragraphs (c) and (d) of subsection (2) of |
| 263 | section 1002.73, Florida Statutes, are amended to read: |
| 264 | 1002.73 Department of Education; powers and duties; |
| 265 | accountability requirements.-- |
| 266 | (2) The department shall adopt procedures for the |
| 267 | department's: |
| 268 | (c) Certification of school districts that are eligible to |
| 269 | deliver the school-year prekindergarten program under s. |
| 270 | 1002.63. |
| 271 | (c)(d) Administration of the statewide kindergarten |
| 272 | screening and calculation of kindergarten readiness rates under |
| 273 | s. 1002.69. |
| 274 | Section 7. Paragraph (a) of subsection (4) of section |
| 275 | 1003.03, Florida Statutes, is amended to read: |
| 276 | 1003.03 Maximum class size.-- |
| 277 | (4) ACCOUNTABILITY.-- |
| 278 | (a)1. Beginning in the 2003-2004 fiscal year, if the |
| 279 | department determines for any year that a school district has |
| 280 | not reduced average class size as required in subsection (2) at |
| 281 | the time of the third FEFP calculation, the department shall |
| 282 | calculate an amount from the class size reduction operating |
| 283 | categorical which is proportionate to the amount of class size |
| 284 | reduction not accomplished. Upon verification of the |
| 285 | department's calculation by the Florida Education Finance |
| 286 | Program Appropriation Allocation Conference and not later than |
| 287 | March 1 of each year, the Executive Office of the Governor shall |
| 288 | transfer undistributed funds equivalent to the calculated amount |
| 289 | from the district's class size reduction operating categorical |
| 290 | to an approved fixed capital outlay appropriation for class size |
| 291 | reduction in the affected district pursuant to s. 216.292(2)(d). |
| 292 | The amount of funds transferred shall be the lesser of the |
| 293 | amount verified by the Florida Education Finance Program |
| 294 | Appropriation Allocation Conference or the undistributed balance |
| 295 | of the district's class size reduction operating categorical. |
| 296 | 2. In lieu of the transfer required by subparagraph 1., |
| 297 | the Commissioner of Education may recommend a budget amendment, |
| 298 | subject to approval by the Legislative Budget Commission, to |
| 299 | transfer an alternative amount of funds from the district's |
| 300 | class size reduction operating categorical to its approved fixed |
| 301 | capital outlay account for class size reduction if the |
| 302 | commissioner finds that the State Board of Education has |
| 303 | reviewed evidence indicating that a district has been unable to |
| 304 | meet class size reduction requirements despite appropriate |
| 305 | effort to do so. The commissioner's budget amendment must be |
| 306 | submitted to the Legislative Budget Commission by February 15 of |
| 307 | each year. |
| 308 | 3. For the 2007-2008 fiscal year and thereafter, if in any |
| 309 | fiscal year funds from a district's class size operating |
| 310 | categorical are required to be transferred to its fixed capital |
| 311 | outlay fund and the district's class size operating categorical |
| 312 | allocation in the General Appropriations Act for that fiscal |
| 313 | year has been reduced by a subsequent appropriation, the |
| 314 | Commissioner of Education may recommend a 50-percent 10-percent |
| 315 | reduction in the amount of the transfer. |
| 316 | Section 8. Section 1011.051, Florida Statutes, is created |
| 317 | to read: |
| 318 | 1011.051 Guidelines for general funds.--The district |
| 319 | school board shall maintain an unreserved general fund balance |
| 320 | that is sufficient to address normal contingencies. If at any |
| 321 | time the unreserved general fund in the district's approved |
| 322 | operating budget falls below: |
| 323 | (1) Five percent of projected general fund revenues, the |
| 324 | superintendent shall provide written notification to the |
| 325 | district school board and the Commissioner of Education. |
| 326 | (2) Two percent of projected general fund revenues, the |
| 327 | provisions of s. 447.4095 shall be followed for the purpose of |
| 328 | modifying existing collective bargaining agreements as necessary |
| 329 | to avoid a financial emergency within the school district as |
| 330 | provided under part V of chapter 218. If the parties fail to |
| 331 | reach agreement and proceed to implement the provisions of s. |
| 332 | 447.403, the superintendent shall provide written notification |
| 333 | to the Commissioner of Education, the dispute shall be resolved |
| 334 | through an expedited impasse hearing, and the timelines |
| 335 | prescribed in s. 447.403(2)(c) shall apply. |
| 336 | Section 9. Paragraph (d) of subsection (2) and subsections |
| 337 | (4) through (8) of section 1011.71, Florida Statutes, are |
| 338 | amended, and paragraphs (k) and (l) are added to subsection (2) |
| 339 | of that section, to read: |
| 340 | 1011.71 District school tax.-- |
| 341 | (2) In addition to the maximum millage levy as provided in |
| 342 | subsection (1), each school board may levy not more than 1.75 |
| 343 | mills against the taxable value for school purposes for district |
| 344 | schools, including charter schools at the discretion of the |
| 345 | school board, to fund: |
| 346 | (d) The purchase, lease-purchase, or lease of new and |
| 347 | replacement equipment, and enterprise resource software |
| 348 | applications that are classified as capital assets in accordance |
| 349 | with definitions of the Governmental Accounting Standards Board, |
| 350 | have a useful life of at least 5 years, and are used to support |
| 351 | district-wide administration or state mandated reporting |
| 352 | requirements. |
| 353 | (k) Payment of the cost of premiums for property and |
| 354 | casualty insurance necessary to insure school district |
| 355 | educational and ancillary plants as required by ss. |
| 356 | 1001.42(11)(d) and 1001.51(11)(k). |
| 357 | (l) The purchase, lease-purchase, or lease of driver's |
| 358 | education vehicles; motor vehicles used for the maintenance or |
| 359 | operation of plants and equipment; security vehicles; or |
| 360 | vehicles used in storing or distributing materials and |
| 361 | equipment. |
| 362 | (4) A school district that has met the reduction |
| 363 | requirements regarding class size for the 2008-2009 fiscal year |
| 364 | pursuant to s. 1003.03 for K-12 students for whom the school |
| 365 | district provides the educational facilities and governs |
| 366 | operations and certifies to the Commissioner of Education that |
| 367 | the district does not need all of its discretionary 1.75-mill |
| 368 | capital improvement revenue for capital outlay purposes and all |
| 369 | of the district's instructional space needs for the next 5 years |
| 370 | can be met from capital outlay sources that the district |
| 371 | reasonably expects to receive during the next 5 years from local |
| 372 | revenues and from currently appropriated state facilities |
| 373 | funding or from alternative scheduling or construction, leasing, |
| 374 | rezoning, or technological methodologies that exhibit sound |
| 375 | management may expend, subject to the provisions of s. 200.065, |
| 376 | up to $65 per unweighted full-time equivalent student from the |
| 377 | revenue generated by the 2008-2009 millage levy authorized by |
| 378 | subsection (2) to fund, in addition to expenditures authorized |
| 379 | in paragraphs (2)(a)-(j), 2008-2009 expenses for the following: |
| 380 | (a) The purchase, lease-purchase, or lease of driver's |
| 381 | education vehicles; motor vehicles used for the maintenance or |
| 382 | operation of plants and equipment; security vehicles; or |
| 383 | vehicles used in storing or distributing materials and |
| 384 | equipment. |
| 385 | (b) Payment of the cost of premiums for property and |
| 386 | casualty insurance necessary to insure school district |
| 387 | educational and ancillary plants. Operating revenues that are |
| 388 | made available through the payment of property and casualty |
| 389 | insurance premiums from revenues generated under this subsection |
| 390 | may be expended only for nonrecurring operational expenditures |
| 391 | of the school district. |
| 392 | (4)(5) Violations of the expenditure provisions in |
| 393 | subsection (2) or subsection (4) shall result in an equal dollar |
| 394 | reduction in the Florida Education Finance Program (FEFP) funds |
| 395 | for the violating district in the fiscal year following the |
| 396 | audit citation. |
| 397 | (5)(6) These taxes shall be certified, assessed, and |
| 398 | collected as prescribed in s. 1011.04 and shall be expended as |
| 399 | provided by law. |
| 400 | (6)(7) Nothing in s. 1011.62(4)(a)1. shall in any way be |
| 401 | construed to increase the maximum school millage levies as |
| 402 | provided for in subsection (1). |
| 403 | (7)(8) In addition to the maximum millage levied under |
| 404 | this section and the General Appropriations Act, a school |
| 405 | district may levy, by local referendum or in a general election, |
| 406 | additional millage for school operational purposes up to an |
| 407 | amount that, when combined with nonvoted millage levied under |
| 408 | this section, does not exceed the 10-mill limit established in |
| 409 | s. 9(b), Art. VII of the State Constitution. Any such levy shall |
| 410 | be for a maximum of 4 years and shall be counted as part of the |
| 411 | 10-mill limit established in s. 9(b), Art. VII of the State |
| 412 | Constitution. Millage elections conducted under the authority |
| 413 | granted pursuant to this section are subject to s. 1011.73. |
| 414 | Funds generated by such additional millage do not become a part |
| 415 | of the calculation of the Florida Education Finance Program |
| 416 | total potential funds in 2001-2002 or any subsequent year and |
| 417 | must not be incorporated in the calculation of any hold-harmless |
| 418 | or other component of the Florida Education Finance Program |
| 419 | formula in any year. If an increase in required local effort, |
| 420 | when added to existing millage levied under the 10-mill limit, |
| 421 | would result in a combined millage in excess of the 10-mill |
| 422 | limit, any millage levied pursuant to this subsection shall be |
| 423 | considered to be required local effort to the extent that the |
| 424 | district millage would otherwise exceed the 10-mill limit. |
| 425 | Section 10. Subsection (2) of section 1011.73, Florida |
| 426 | Statutes, is amended to read: |
| 427 | 1011.73 District millage elections.-- |
| 428 | (2) MILLAGE AUTHORIZED NOT TO EXCEED 4 YEARS.--The |
| 429 | district school board, pursuant to resolution adopted at a |
| 430 | regular meeting, shall direct the county commissioners to call |
| 431 | an election at which the electors within the school district may |
| 432 | approve an ad valorem tax millage as authorized under s. |
| 433 | 1011.71(7) 1011.71(8). Such election may be held at any time, |
| 434 | except that not more than one such election shall be held during |
| 435 | any 12-month period. Any millage so authorized shall be levied |
| 436 | for a period not in excess of 4 years or until changed by |
| 437 | another millage election, whichever is earlier. If any such |
| 438 | election is invalidated by a court of competent jurisdiction, |
| 439 | such invalidated election shall be considered not to have been |
| 440 | held. |
| 441 | Section 11. Paragraph (b) of subsection (6) of section |
| 442 | 1013.64, Florida Statutes, is amended to read: |
| 443 | 1013.64 Funds for comprehensive educational plant needs; |
| 444 | construction cost maximums for school district capital |
| 445 | projects.--Allocations from the Public Education Capital Outlay |
| 446 | and Debt Service Trust Fund to the various boards for capital |
| 447 | outlay projects shall be determined as follows: |
| 448 | (6) |
| 449 | (b)1. A district school board, including a district school |
| 450 | board of an academic performance-based charter school district, |
| 451 | must not use funds from the following sources: Public Education |
| 452 | Capital Outlay and Debt Service Trust Fund; School District and |
| 453 | Community College District Capital Outlay and Debt Service Trust |
| 454 | Fund; Classrooms First Program funds provided in s. 1013.68; |
| 455 | effort index grant funds provided in s. 1013.73; nonvoted 1.75- |
| 456 | mill 2-mill levy of ad valorem property taxes provided in s. |
| 457 | 1011.71(2); Classrooms for Kids Program funds provided in s. |
| 458 | 1013.735; District Effort Recognition Program funds provided in |
| 459 | s. 1013.736; or High Growth District Capital Outlay Assistance |
| 460 | Grant Program funds provided in s. 1013.738 for any new |
| 461 | construction of educational plant space with a total cost per |
| 462 | student station, including change orders, that equals more than: |
| 463 | a. $17,952 for an elementary school, |
| 464 | b. $19,386 for a middle school, or |
| 465 | c. $25,181 for a high school, |
| 466 |
|
| 467 | (January 2006) as adjusted annually to reflect increases or |
| 468 | decreases in the Consumer Price Index. |
| 469 | 2. A district school board must not use funds from the |
| 470 | Public Education Capital Outlay and Debt Service Trust Fund or |
| 471 | the School District and Community College District Capital |
| 472 | Outlay and Debt Service Trust Fund for any new construction of |
| 473 | an ancillary plant that exceeds 70 percent of the average cost |
| 474 | per square foot of new construction for all schools. |
| 475 | Section 12. Merit awards for instructional personnel and |
| 476 | school-based administrators selected for the Merit Award Program |
| 477 | in 2008-2009, pursuant to s. 1012.225, Florida Statutes, are |
| 478 | required to be paid in fiscal year 2009-2010 only to the extent |
| 479 | funds are available and specifically appropriated in fiscal year |
| 480 | 2009-2010. |
| 481 | Section 13. If the Commissioner of Education determines |
| 482 | that a school district acted in good faith, he or she may waive |
| 483 | the equal-dollar reduction required in s. 1011.71(4), Florida |
| 484 | Statutes, for expenditures for property and casualty insurance |
| 485 | made between May 1 and December 31, 2007, and for the audit |
| 486 | findings for the 2006-2007 fiscal year related to the purchase |
| 487 | of software. |
| 488 | Section 14. In order to implement Specific Appropriations |
| 489 | 2, 3, and 35 through 38 of the Special Appropriations Act for |
| 490 | the 2008-2009 fiscal year, the calculations of the Florida |
| 491 | Education Finance Program for the 2008-2009 fiscal year in the |
| 492 | document entitled "Public School Funding - The Florida Education |
| 493 | Finance Program," dated January , 2009, and filed with the |
| 494 | Clerk of the House of Representatives are incorporated by |
| 495 | reference for the purpose of displaying the calculations used by |
| 496 | the Legislature, consistent with requirements of the Florida |
| 497 | Statutes, in making appropriations and reductions in |
| 498 | appropriations for the Florida Education Finance Program. |
| 499 | Section 15. Section 11 of chapter 2008-142 and section 2 |
| 500 | of chapter 2008-213, Laws of Florida, are repealed. |
| 501 | Section 16. This act shall take effect February 1, 2009, |
| 502 | or upon becoming a law, whichever occurs later; however, if this |
| 503 | act becomes a law after February 1, 2009, ss. 1002.53, 1002.61, |
| 504 | 1002.63, 1002.71, and 1002.73, Florida Statutes, as amended by |
| 505 | this act, shall operate retroactively to February 1, 2009. |
| 506 |
|
| 507 | ----------------------------------------------------- |
| 508 | T I T L E A M E N D M E N T |
| 509 | Remove the entire title and insert: |
| 510 | A bill to be entitled |
| 511 | An act relating to education funding; amending s. 218.503, F.S.; |
| 512 | providing for a reduction in salary for certain school district |
| 513 | employees when a state of financial emergency within the |
| 514 | district continues beyond a specified period; amending s. |
| 515 | 1002.53, F.S.; conforming provisions; amending s. 1002.61, F.S.; |
| 516 | increasing the number of students authorized for a summer |
| 517 | prekindergarten class; conforming cross-references; amending s. |
| 518 | 1002.63, F.S.; eliminating certain eligibility requirements for |
| 519 | delivering a prekindergarten program during the school year; |
| 520 | amending s. 1002.71, F.S.; providing for separate base student |
| 521 | allocations for school-year and summer prekindergarten programs; |
| 522 | revising the formula for calculating and reporting full-time |
| 523 | equivalent student enrollment; providing certain restrictions |
| 524 | with respect to a child who reenrolls in a prekindergarten |
| 525 | program; requiring that certain administrative procedures be |
| 526 | automated; decreasing the amount that an early learning |
| 527 | coalition may expend for administrative purposes; amending s. |
| 528 | 1002.73, F.S.; conforming provisions; amending s. 1003.03, F.S.; |
| 529 | authorizing the Commissioner of Education to recommend a greater |
| 530 | reduction in the amount allocated for transfer to a district's |
| 531 | fixed capital outlay fund; creating s. 1011.051, F.S.; requiring |
| 532 | district school boards to maintain a general fund balance |
| 533 | sufficient to address contingencies; specifying procedures for |
| 534 | the district to follow if the operating budget falls below |
| 535 | specified percentages; requiring modification of collective |
| 536 | bargaining agreements under certain circumstances; amending s. |
| 537 | 1011.71, F.S.; authorizing the purchase of certain enterprise |
| 538 | resource software applications with revenues from the district |
| 539 | school tax levy; revising provisions and eliminating |
| 540 | restrictions relating to the expenditure of revenues from the |
| 541 | district school tax levy; amending s. 1011.73, F.S.; conforming |
| 542 | a cross-reference; amending s. 1013.64, F.S.; conforming |
| 543 | provisions; requiring Merit Award Program awards for personnel |
| 544 | in 2008-2009 to be paid in fiscal year 2009-2010 to the extent |
| 545 | funds are available and appropriated in fiscal year 2009-2010; |
| 546 | authorizing the waiver of penalty for certain audit citations; |
| 547 | incorporating by reference certain calculations of the Florida |
| 548 | Education Finance Program for the 2008-2009 fiscal year; |
| 549 | repealing s. 11 of ch. 2008-142 and s. 2 of ch. 2008-213, Laws |
| 550 | of Florida, relating to the expiration and reversion of certain |
| 551 | district school tax provisions, to conform; providing for |
| 552 | contingent retroactive application of specified provisions of |
| 553 | the act; providing an effective date. |