Florida Senate - 2009              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 6-A
       
       
       
       
       
                                Barcode 618218                          
       
       602-00062B-09A                                                  
       Proposed Committee Substitute by the Committee on Education Pre
       K - 12 Appropriations
    1                        A bill to be entitled                      
    2         An act relating to education funding; amending s.
    3         218.503, F.S.; providing for a reduction in salary for
    4         certain school district employees when a state of
    5         financial emergency within the district continues
    6         beyond a specified period; amending ss. 1001.42 and
    7         1001.50, F.S.; prohibiting a district school board
    8         from entering into an employment contract that
    9         provides for payment of an amount greater than 1 year
   10         of an employee's or superintendent's annual salary for
   11         termination, buy-out, or other type of settlement;
   12         amending s. 1002.53, F.S., relating to the Voluntary
   13         Prekindergarten Education Program; conforming
   14         provisions to changes made by the act; amending s.
   15         1002.61, F.S.; increasing the number of students
   16         authorized for a summer prekindergarten class;
   17         conforming cross-references; amending s. 1002.63,
   18         F.S.; eliminating certain eligibility requirements for
   19         delivering a prekindergarten program during the school
   20         year; amending s. 1002.71, F.S.; providing for
   21         separate base student allocations for school-year and
   22         summer prekindergarten programs; revising the formula
   23         for calculating and reporting full-time equivalent
   24         student enrollment; providing certain restrictions
   25         with respect to a child who reenrolls in a
   26         prekindergarten program; requiring that certain
   27         administrative procedures be automated; decreasing the
   28         amount that an early learning coalition may expend for
   29         administrative purposes; amending s. 1002.73, F.S.;
   30         revising duties of the Department of Education, to
   31         conform; amending s. 1006.40, F.S.; waiving, for the
   32         adoption cycle of the 2008-2009 academic year, the
   33         requirement that district school boards purchase
   34         instructional materials in core courses; creating s.
   35         1011.051, F.S.; requiring that district school boards
   36         maintain an unreserved general fund balance sufficient
   37         to address contingencies; specifying procedures for
   38         the district to follow if the operating budget falls
   39         below specified percentages or projected general fund
   40         revenues; requiring that collective bargaining
   41         agreements make adequate provisions for maintaining
   42         the required general fund balances; providing that a
   43         collective bargaining agreement entered into after the
   44         effective date of the act which fails to comply with
   45         the act is void and unenforceable; requiring
   46         modification of collective bargaining agreements under
   47         circumstances involving financial urgency; amending s.
   48         1011.71, F.S.; eliminating certain restrictions on the
   49         expenditure of revenues from the district school tax
   50         levy; providing for future expiration of such
   51         provisions; amending s. 1013.64, F.S., relating to
   52         funds for constructing educational plant space;
   53         conforming provisions; requiring that the Merit Award
   54         Program for Instructional Personnel and School-Based
   55         Administrators be held in abeyance during the 2008
   56         2009 fiscal year; incorporating by reference certain
   57         calculations of the Florida Education Finance Program
   58         for the 2008-2009 fiscal year; providing for
   59         contingent retroactive application of specified
   60         provisions of the act; providing an effective date.
   61         
   62  Be It Enacted by the Legislature of the State of Florida:
   63         
   64         Section 1. Present subsections (4) and (5) of section
   65  218.503, Florida Statutes, are renumbered as subsections (5) and
   66  (6), respectively, and a new subsection (4) is added to that
   67  section, to read:
   68         218.503 Determination of financial emergency.—
   69         (4)Notwithstanding ss. 1001.395 and 1001.47, if the
   70  Commissioner of Education determines that the measures imposed
   71  pursuant to subsection (3) have not eliminated a state of
   72  financial emergency in a school district within 30 days after
   73  the date the condition was declared to exist, the salary of each
   74  district school board member, the district superintendent, and
   75  each district employee shall be reduced proportionately in an
   76  amount necessary to prevent a deficit in the unreserved general
   77  fund of the district's operating budget during the remainder of
   78  the fiscal year.
   79         Section 2. Present subsection (25) of section 1001.42,
   80  Florida Statutes, is renumbered as subsection (26), and a new
   81  subsection (25) is added to that section, to read:
   82         1001.42 Powers and duties of district school board.—The
   83  district school board, acting as a board, shall exercise all
   84  powers and perform all duties listed below:
   85         (25)EMPLOYMENT CONTRACTS.—On or after February 1, 2009, a
   86  district school board may not enter into an employment contract
   87  that is funded from state funds and that requires the district
   88  to pay an employee an amount in excess of 1 year of the
   89  employee's annual salary for termination, buy-out, or any other
   90  type of contract settlement.
   91         Section 3. Subsection (2) of section 1001.50, Florida
   92  Statutes, is amended to read:
   93         1001.50 Superintendents employed under Art. IX of the State
   94  Constitution.—
   95         (2) The district school board of each of such districts
   96  shall enter into contracts of employment with the district
   97  school superintendent and shall adopt rules relating to his or
   98  her appointment; however, on or after February 1, 2009, the
   99  district school board may not enter into an employment contract
  100  that is funded from state funds and that requires the district
  101  to pay a superintendent an amount in excess of 1 year of the
  102  superintendent's annual salary for termination, buy-out, or any
  103  other type of contract settlement.
  104         Section 4. Paragraph (c) of subsection (3) of section
  105  1002.53, Florida Statutes, is amended to read:
  106         1002.53 Voluntary Prekindergarten Education Program;
  107  eligibility and enrollment.—
  108         (3) The parent of each child eligible under subsection (2)
  109  may enroll the child in one of the following programs:
  110         (c) A school-year prekindergarten program delivered by a
  111  public school, if offered by a school district that is eligible
  112  under s. 1002.63.
  113  Except as provided in s. 1002.71(4), a child may not enroll in
  114  more than one of these programs.
  115         Section 5. Subsections (4) and (7) of section 1002.61,
  116  Florida Statutes, are amended to read:
  117         1002.61 Summer prekindergarten program delivered by public
  118  schools and private prekindergarten providers.—
  119         (4) Notwithstanding ss. 1002.55(3)(c)1. and 1002.63(4)
  120  1002.63(5), each public school and private prekindergarten
  121  provider must have, for each prekindergarten class, at least one
  122  prekindergarten instructor who:
  123         (a) Is a certified teacher; or
  124         (b) Holds one of the educational credentials specified in
  125  s. 1002.55(4)(a) or (b).
  126  As used in this subsection, the term “certified teacher” means a
  127  teacher holding a valid Florida educator certificate under s.
  128  1012.56 who has the qualifications required by the district
  129  school board to instruct students in the summer prekindergarten
  130  program. In selecting instructional staff for the summer
  131  prekindergarten program, each school district shall give
  132  priority to teachers who have experience or coursework in early
  133  childhood education.
  134         (7) Notwithstanding ss. 1002.55(3)(f) and 1002.63(7)
  135  1002.63(8), each prekindergarten class in the summer
  136  prekindergarten program, regardless of whether the class is a
  137  public school's or private prekindergarten provider's class,
  138  must be composed of at least 4 students but may not exceed 12 10
  139  students beginning with the 2009 summer session. In order to
  140  protect the health and safety of students, each public school or
  141  private prekindergarten provider must also provide appropriate
  142  adult supervision for students at all times. This subsection
  143  does not supersede any requirement imposed on a provider under
  144  ss. 402.301-402.319.
  145         Section 6. Section 1002.63, Florida Statutes, is amended to
  146  read:
  147         1002.63 School-year prekindergarten program delivered by
  148  public schools.—
  149         (1) Each school district eligible under subsection (4) may
  150  administer the Voluntary Prekindergarten Education Program at
  151  the district level for students enrolled under s. 1002.53(3)(c)
  152  in a school-year prekindergarten program delivered by a public
  153  school.
  154         (2) Each school-year prekindergarten program delivered by a
  155  public school must comprise at least 540 instructional hours.
  156         (3) The district school board of each school district
  157  eligible under subsection (4) shall determine which public
  158  schools in the district may are eligible to deliver the
  159  prekindergarten program during the school year.
  160         (4)To be eligible to deliver the prekindergarten program
  161  during the school year, each school district must meet both of
  162  the following requirements:
  163         (a)The district school board must certify to the State
  164  Board of Education that the school district:
  165         1.Has reduced the average class size in each classroom in
  166  accordance with s. 1003.03 and the schedule in s. 1(a), Art. IX
  167  of the State Constitution; and
  168         2.Has sufficient satisfactory educational facilities and
  169  capital outlay funds to continue reducing the average class size
  170  in each classroom in the district's elementary schools for each
  171  year in accordance with the schedule for class size reduction
  172  and to achieve full compliance with the maximum class sizes in
  173  s. 1(a), Art. IX of the State Constitution by the beginning of
  174  the 2010-2011 school year.
  175         (b)The Commissioner of Education must certify to the State
  176  Board of Education that the department has reviewed the school
  177  district's educational facilities, capital outlay funds, and
  178  projected student enrollment and concurs with the district
  179  school board's certification under paragraph (a).
  180         (4)(5) Each public school must have, for each
  181  prekindergarten class, at least one prekindergarten instructor
  182  who meets each requirement in s. 1002.55(3)(c) for a
  183  prekindergarten instructor of a private prekindergarten
  184  provider.
  185         (5)(6) Each prekindergarten instructor employed by a public
  186  school delivering the school-year prekindergarten program must
  187  be of good moral character, must be screened using the level 2
  188  screening standards in s. 435.04 before employment and
  189  rescreened at least once every 5 years, must be denied
  190  employment or terminated if required under s. 435.06, and must
  191  not be ineligible to teach in a public school because his or her
  192  educator certificate is suspended or revoked. This subsection
  193  does not supersede employment requirements for instructional
  194  personnel in public schools which are more stringent than the
  195  requirements of this subsection.
  196         (6)(7) A public school prekindergarten provider may assign
  197  a substitute instructor to temporarily replace a credentialed
  198  instructor if the credentialed instructor assigned to a
  199  prekindergarten class is absent, as long as the substitute
  200  instructor is of good moral character and has been screened
  201  before employment in accordance with level 2 background
  202  screening requirements in chapter 435. This subsection does not
  203  supersede employment requirements for instructional personnel in
  204  public schools which are more stringent than the requirements of
  205  this subsection. The Agency for Workforce Innovation shall adopt
  206  rules to implement this subsection which shall include required
  207  qualifications of substitute instructors and the circumstances
  208  and time limits for which a public school prekindergarten
  209  provider may assign a substitute instructor.
  210         (7)(8) Each prekindergarten class in a public school
  211  delivering the school-year prekindergarten program must be
  212  composed of at least 4 students but may not exceed 18 students.
  213  In order to protect the health and safety of students, each
  214  school must also provide appropriate adult supervision for
  215  students at all times and, for each prekindergarten class
  216  composed of 11 or more students, must have, in addition to a
  217  prekindergarten instructor who meets the requirements of s.
  218  1002.55(3)(c), at least one adult prekindergarten instructor who
  219  is not required to meet those requirements but who must meet
  220  each requirement of subsection (5) (6).
  221         (8)(9) Each public school delivering the school-year
  222  prekindergarten program must:
  223         (a) Register with the early learning coalition on forms
  224  prescribed by the Agency for Workforce Innovation; and
  225         (b) Deliver the Voluntary Prekindergarten Education Program
  226  in accordance with this part.
  227         Section 7. Subsections (3) and (4), paragraph (d) of
  228  subsection (6), and subsection (7) of section 1002.71, Florida
  229  Statutes, are amended to read:
  230         1002.71 Funding; financial and attendance reporting.—
  231         (3)(a) A separate The base student allocation per full-time
  232  equivalent student in the Voluntary Prekindergarten Education
  233  Program shall be provided in the General Appropriations Act for
  234  a school-year prekindergarten program and for a summer
  235  prekindergarten program. The base student allocation for a
  236  school-year program and shall be equal for each student,
  237  regardless of whether the student is enrolled in a school-year
  238  prekindergarten program delivered by a private prekindergarten
  239  provider or a public school. The base student allocation for, a
  240  summer prekindergarten program shall be equal for each student,
  241  regardless of whether the student is enrolled in a summer
  242  prekindergarten program delivered by a public school or private
  243  prekindergarten provider, or a school-year prekindergarten
  244  program delivered by a public school.
  245         (b) Each county's allocation per full-time equivalent
  246  student in the Voluntary Prekindergarten Education Program shall
  247  be calculated annually by multiplying the base student
  248  allocation provided in the General Appropriations Act by the
  249  county's district cost differential provided in s. 1011.62(2).
  250  Each private prekindergarten provider and public school shall be
  251  paid in accordance with the county's allocation per full-time
  252  equivalent student.
  253         (c) The initial allocation shall be based on estimated
  254  student enrollment in each coalition service area. The Agency
  255  for Workforce Innovation shall reallocate funds among the
  256  coalitions based on actual full-time equivalent student
  257  enrollment in each coalition service area.
  258         (d) For programs offered by school districts pursuant to s.
  259  1002.61 and beginning with the 2009 summer program, each
  260  district's funding shall be based on a full-time equivalent
  261  student enrollment that is evenly divisible by 12 10. If the
  262  result of dividing a district's full-time equivalent student
  263  enrollment by 12 10 is not a whole number, the district's
  264  enrollment calculation shall be adjusted by adding the minimum
  265  number of full-time equivalent students to produce a full-time
  266  equivalent student enrollment calculation that is evenly
  267  divisible by 12 10.
  268         (4) Notwithstanding s. 1002.53(3) and subsection (2):
  269         (a) A child who, for any of the prekindergarten programs
  270  listed in s. 1002.53(3), has not completed more than 10 percent
  271  of the hours authorized to be reported for funding under
  272  subsection (2) may withdraw from the program for good cause,
  273  reenroll in one of the programs, and be reported for funding
  274  purposes as a full-time equivalent student in the program for
  275  which the child is reenrolled. The total funding for a child who
  276  reenrolls in the same program shall not exceed one full-time
  277  equivalent student.
  278         (b) A child who has not substantially completed any of the
  279  prekindergarten programs listed in s. 1002.53(3) may withdraw
  280  from the program due to an extreme hardship that is beyond the
  281  child's or parent's control, reenroll in one of the summer
  282  programs, and be reported for funding purposes as a full-time
  283  equivalent student in the summer program for which the child is
  284  reenrolled.
  285  A child may reenroll only once in a prekindergarten program
  286  under this section. A child who reenrolls in a prekindergarten
  287  program under this subsection may not subsequently withdraw from
  288  the program and reenroll. The Agency for Workforce Innovation
  289  shall establish criteria specifying whether a good cause exists
  290  for a child to withdraw from a program under paragraph (a),
  291  whether a child has substantially completed a program under
  292  paragraph (b), and whether an extreme hardship exists which is
  293  beyond the child's or parent's control under paragraph (b).
  294         (6)
  295         (d) The Agency for Workforce Innovation shall adopt, for
  296  funding purposes, a uniform attendance policy for the Voluntary
  297  Prekindergarten Education Program. The attendance policy must
  298  apply statewide and apply equally to all private prekindergarten
  299  providers and public schools. The attendance policy must
  300  establish a minimum requirement for student attendance and
  301  include the following provisions:
  302         1. Beginning with the 2009-2010 fiscal year for school-year
  303  programs and the 2009 summer program, a student who meets the
  304  minimum requirement of 80 percent of the total number of hours
  305  for the program may be reported as a full-time equivalent
  306  student for funding purposes.
  307         2. A student who does not meet the minimum requirement may
  308  be reported only as a fractional part of a full-time equivalent
  309  student, reduced pro rata based on the student's attendance.
  310         3. A student who does not meet the minimum requirement may
  311  be reported as a full-time equivalent student if the student is
  312  absent for good cause in accordance with exceptions specified in
  313  the uniform attendance policy.
  314  The uniform attendance policy shall be used only for funding
  315  purposes and does not prohibit a private prekindergarten
  316  provider or public school from adopting and enforcing its
  317  attendance policy under paragraphs (a) and (c).
  318         (7) The Agency for Workforce Innovation shall require that
  319  administrative expenditures be kept to the minimum necessary for
  320  efficient and effective administration of the Voluntary
  321  Prekindergarten Education Program. Administrative policies and
  322  procedures shall be revised, to the maximum extent practicable,
  323  to incorporate the use of automation and electronic submission
  324  of forms, including those required for child eligibility and
  325  enrollment, provider and class registration, and monthly
  326  certification of attendance for payment. Beginning with the
  327  2008-2009 fiscal year, each early learning coalition may retain
  328  and expend no more than 4.85 5 percent of the funds paid by the
  329  coalition to private prekindergarten providers and public
  330  schools under paragraph (5)(b). Funds retained by an early
  331  learning coalition under this subsection may be used only for
  332  administering the Voluntary Prekindergarten Education Program
  333  and may not be used for the school readiness program or other
  334  programs.
  335         Section 8. Paragraphs (c) and (d) of subsection (2) of
  336  section 1002.73, Florida Statutes, are amended to read:
  337         1002.73 Department of Education; powers and duties;
  338  accountability requirements.—
  339         (2) The department shall adopt procedures for the
  340  department's:
  341         (c)Certification of school districts that are eligible to
  342  deliver the school-year prekindergarten program under s.
  343  1002.63.
  344         (c)(d) Administration of the statewide kindergarten
  345  screening and calculation of kindergarten readiness rates under
  346  s. 1002.69.
  347         Section 9. Paragraph (a) of subsection (2) of section
  348  1006.40, Florida Statutes, is amended to read:
  349         1006.40 Use of instructional materials allocation;
  350  instructional materials, library books, and reference books;
  351  repair of books.—
  352         (2)(a) Each district school board must purchase current
  353  instructional materials to provide each student with a textbook
  354  or other instructional materials as a major tool of instruction
  355  in core courses of the appropriate subject areas of mathematics,
  356  language arts, science, social studies, reading, and literature
  357  for kindergarten through grade 12. Such purchase must be made
  358  within the first 2 years after of the effective date of the
  359  adoption cycle; however, this requirement is waived for the
  360  adoption cycle occurring in the 2008-2009 academic year. Unless
  361  specifically provided for in the General Appropriations Act, the
  362  cost of instructional materials purchases required by this
  363  paragraph shall not exceed the amount of the district's
  364  allocation for instructional materials, pursuant to s. 1011.67,
  365  for the previous 2 years.
  366         Section 10. Section 1011.051, Florida Statutes, is created
  367  to read:
  368         1011.051Guidelines for general funds.—The district school
  369  board shall maintain an unreserved general fund balance that is
  370  sufficient to address normal contingencies.
  371         (1)If at any time the unreserved general fund in the
  372  district's approved operating budget is projected to fall during
  373  the current fiscal year below 5 percent of projected general
  374  fund revenues, the superintendent shall provide written
  375  notification to the district school board and the Commissioner
  376  of Education.
  377         (a) With respect to a collective bargaining agreement
  378  executed on or after the effective date of this act, if the
  379  unreserved general fund in the district's approved operating
  380  budget is projected to fall during the current fiscal year below
  381  2 percent of projected general fund revenues, the provisions of
  382  s. 447.4095 shall be followed for the purpose of modifying the
  383  agreement as necessary to avoid a financial emergency within the
  384  school district as provided under part V of chapter 218. If the
  385  parties fail to reach agreement and proceed to implement the
  386  provisions of s. 447.403, the superintendent shall provide
  387  written notification to the Commissioner of Education, the
  388  dispute shall be resolved through an expedited impasse hearing,
  389  and the timelines prescribed in s. 447.403(2)(c) shall apply.
  390         (b)With respect to a collective bargaining agreement
  391  executed before the effective date of this act, if the
  392  unreserved general fund in the district's approved operating
  393  budget is projected to fall during the current fiscal year below
  394  projected general fund revenues, the provisions of s. 447.4095
  395  shall be followed for the purpose of modifying the agreement as
  396  necessary to avoid a financial emergency within the school
  397  district as provided under part V of chapter 218. If the parties
  398  fail to reach agreement and proceed to implement the provisions
  399  of s. 447.403, the superintendent shall provide written
  400  notification to the Commissioner of Education, the dispute shall
  401  be resolved through an expedited impasse hearing, and the
  402  timelines prescribed in s. 447.403(2)(c) shall apply.
  403         (2)(a)Each collective bargaining agreement entered into by
  404  a school board on or after the effective date of this act must
  405  make adequate provision to allow the school board to maintain an
  406  unreserved general fund balance as required by this section.
  407         (b)Any collective bargaining agreement entered into by a
  408  school board on or after the effective date of this act which
  409  does not meet the requirements of this section is void, is
  410  contrary to public policy, and may not be enforced.
  411         (c)Any collective bargaining agreement entered into by a
  412  school board before the effective date of this act is subject to
  413  the provisions of s. 447.4095 if the school district projects
  414  that, at any point in the fiscal year, it will have insufficient
  415  funds to continue normal operations and address normal
  416  contingencies. Projection of such conditions by the school board
  417  constitutes “financial urgency” for purposes of s. 447.4095, but
  418  this paragraph does not limit the meaning of “financial urgency”
  419  to such projection.
  420         Section 11. Subsection (4) of section 1011.71, Florida
  421  Statutes, as amended by chapters 2007-328, 2008-2, 2008-142, and
  422  2008-213, Laws of Florida, is amended to read:
  423         1011.71 District school tax.—
  424         (4) A school district that has met the reduction
  425  requirements regarding class size for the 2008-2009 fiscal year
  426  pursuant to s. 1003.03 for K-12 students for whom the school
  427  district provides the educational facilities and governs
  428  operations and certifies to the Commissioner of Education that
  429  the district does not need all of its discretionary 1.75-mill
  430  capital improvement revenue for capital outlay purposes and all
  431  of the district's instructional space needs for the next 5 years
  432  can be met from capital outlay sources that the district
  433  reasonably expects to receive during the next 5 years from local
  434  revenues and from currently appropriated state facilities
  435  funding or from alternative scheduling or construction, leasing,
  436  rezoning, or technological methodologies that exhibit sound
  437  management may expend, subject to the provisions of s. 200.065,
  438  up to $65 per unweighted full-time equivalent student from the
  439  revenue generated by the 2008-2009 millage levy authorized by
  440  subsection (2) to fund, in addition to expenditures authorized
  441  in paragraphs (2)(a)-(j), 2008-2009 expenses for the following:
  442         (a) The purchase, lease-purchase, or lease of driver's
  443  education vehicles; motor vehicles used for the maintenance or
  444  operation of plants and equipment; security vehicles; or
  445  vehicles used in storing or distributing materials and
  446  equipment.
  447         (b) Payment of the cost of premiums for property and
  448  casualty insurance necessary to insure school district
  449  educational and ancillary plants. Operating revenues that are
  450  made available through the payment of property and casualty
  451  insurance premiums from revenues generated under this subsection
  452  may be expended only for nonrecurring operational expenditures
  453  of the school district.
  454         Section 12. The amendments made by this act to subsection
  455  (4) of section 1011.71, Florida Statutes, as carried forward by
  456  this act from chapters 2007-328, 2008-2, 2008-142, and 2008-213,
  457  Laws of Florida, shall expire July 1, 2009, and the text of that
  458  subsection shall revert to that in existence on the day before
  459  the effective date of chapter 2007-328, Laws of Florida, except
  460  that any amendments to such text enacted other than by this act
  461  and chapters 2007-328, 2008-2, 2008-142, and 2008-213, Laws of
  462  Florida, shall be preserved and continue to operate to the
  463  extent that the amendments are not dependent upon the portions
  464  of such text which expire pursuant to this section.
  465         Section 13. Paragraph (b) of subsection (6) of section
  466  1013.64, Florida Statutes, is amended to read:
  467         1013.64 Funds for comprehensive educational plant needs;
  468  construction cost maximums for school district capital
  469  projects.—Allocations from the Public Education Capital Outlay
  470  and Debt Service Trust Fund to the various boards for capital
  471  outlay projects shall be determined as follows:
  472         (6)
  473         (b)1. A district school board, including a district school
  474  board of an academic performance-based charter school district,
  475  must not use funds from the following sources: Public Education
  476  Capital Outlay and Debt Service Trust Fund; School District and
  477  Community College District Capital Outlay and Debt Service Trust
  478  Fund; Classrooms First Program funds provided in s. 1013.68;
  479  effort index grant funds provided in s. 1013.73; nonvoted 1.75
  480  mill 2-mill levy of ad valorem property taxes provided in s.
  481  1011.71(2); Classrooms for Kids Program funds provided in s.
  482  1013.735; District Effort Recognition Program funds provided in
  483  s. 1013.736; or High Growth District Capital Outlay Assistance
  484  Grant Program funds provided in s. 1013.738 for any new
  485  construction of educational plant space with a total cost per
  486  student station, including change orders, that equals more than:
  487         a. $17,952 for an elementary school,
  488         b. $19,386 for a middle school, or
  489         c. $25,181 for a high school,
  490  (January 2006) as adjusted annually to reflect increases or
  491  decreases in the Consumer Price Index.
  492         2. A district school board must not use funds from the
  493  Public Education Capital Outlay and Debt Service Trust Fund or
  494  the School District and Community College District Capital
  495  Outlay and Debt Service Trust Fund for any new construction of
  496  an ancillary plant that exceeds 70 percent of the average cost
  497  per square foot of new construction for all schools.
  498         Section 14. Implementation of the provisions of section
  499  1012.225, Florida Statutes, the Merit Award Program for
  500  Instructional Personnel and School-Based Administrators shall be
  501  held in abeyance during the 2008-2009 fiscal year.
  502         Section 15. In order to implement Specific Appropriations
  503  2, 3, and 41 through 44 of the Special Appropriations Act for
  504  the 2008-2009 fiscal year, the calculations of the Florida
  505  Education Finance Program for the 2008-2009 fiscal year in the
  506  document entitled “Public School Funding – The Florida Education
  507  Finance Program,” dated January 8, 2009, and filed with the
  508  Secretary of the Senate are incorporated by reference for the
  509  purpose of displaying the calculations used by the Legislature,
  510  consistent with requirements of the Florida Statutes, in making
  511  appropriations and reductions in appropriations for the Florida
  512  Education Finance Program.
  513         Section 16. This act shall take effect February 1, 2009, or
  514  upon becoming a law, whichever occurs later; however, if this
  515  act becomes a law after February 1, 2009, the provisions of s.
  516  1002.71, Florida Statutes, as amended by this act, shall operate
  517  retroactively to February 1, 2009.
  518