Florida Senate - 2009 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for CS for SB 6-A
Barcode 873898
LEGISLATIVE ACTION
Senate . House
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Floor: AD/2R .
01/14/2009 10:17 AM .
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The Conference Committee on CS for CS for SB 6-A recommended the
following:
1 Senate Conference Committee Amendment (with title
2 amendment)
3
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. Section 1001.395, Florida Statutes, is amended
7 to read
8 1001.395 District school board members; compensation.—
9 (1) Each member of the district school board shall receive
10 a base salary, the amounts indicated in this section, based on
11 the population of the county the district school board member
12 serves. In addition, compensation shall be made for population
13 increments over the minimum for each population group, which
14 shall be determined by multiplying the population in excess of
15 the minimum for the group times the group rate. The product of
16 such calculation shall be added to the base salary to determine
17 the adjusted base salary. The adjusted base salaries of district
18 school board members shall be increased annually as provided for
19 in s. 145.19.
20
21 Pop. Group County Pop. Range Base Salary Group Rate
22 District school board member salaries negotiated on or after
23 November of 2006 shall remain in effect up to the date of the
24 2007-2008 calculation provided pursuant to s. 145.19.
25 (2) Notwithstanding the provisions of this section or s.
26 145.19, Florida Statutes, district school board members may
27 reduce their salary rate on a voluntary basis.
28 Section 2. Present subsection (25) of section 1001.42,
29 Florida Statutes, is renumbered as subsection (26), and a new
30 subsection (25) is added to that section, to read:
31 1001.42 Powers and duties of district school board.—The
32 district school board, acting as a board, shall exercise all
33 powers and perform all duties listed below:
34 (25) EMPLOYMENT CONTRACTS.—On or after February 1, 2009, a
35 district school board may not enter into an employment contract
36 that is funded from state funds and that requires the district
37 to pay an employee an amount in excess of 1 year of the
38 employee's annual salary for termination, buy-out, or any other
39 type of contract settlement.
40 Section 3. Subsection (2) of section 1001.50, Florida
41 Statutes, is amended to read:
42 1001.50 Superintendents employed under Art. IX of the State
43 Constitution.—
44 (2) The district school board of each of such districts
45 shall enter into contracts of employment with the district
46 school superintendent and shall adopt rules relating to his or
47 her appointment; however, on or after February 1, 2009, the
48 district school board may not enter into an employment contract
49 that is funded from state funds and that requires the district
50 to pay a superintendent an amount in excess of 1 year of the
51 superintendent's annual salary for termination, buy-out, or any
52 other type of contract settlement.
53 Section 4. Paragraph (c) of subsection (3) of section
54 1002.53, Florida Statutes, is amended to read:
55 1002.53 Voluntary Prekindergarten Education Program;
56 eligibility and enrollment.—
57 (3) The parent of each child eligible under subsection (2)
58 may enroll the child in one of the following programs:
59 (c) A school-year prekindergarten program delivered by a
60 public school, if offered by a school district that is eligible
61 under s. 1002.63.
62 Except as provided in s. 1002.71(4), a child may not enroll in
63 more than one of these programs.
64 Section 5. Subsections (4) and (7) of section 1002.61,
65 Florida Statutes, are amended to read:
66 1002.61 Summer prekindergarten program delivered by public
67 schools and private prekindergarten providers.—
68 (4) Notwithstanding ss. 1002.55(3)(c)1. and 1002.63(4)
69 1002.63(5), each public school and private prekindergarten
70 provider must have, for each prekindergarten class, at least one
71 prekindergarten instructor who:
72 (a) Is a certified teacher; or
73 (b) Holds one of the educational credentials specified in
74 s. 1002.55(4)(a) or (b).
75 As used in this subsection, the term “certified teacher” means a
76 teacher holding a valid Florida educator certificate under s.
77 1012.56 who has the qualifications required by the district
78 school board to instruct students in the summer prekindergarten
79 program. In selecting instructional staff for the summer
80 prekindergarten program, each school district shall give
81 priority to teachers who have experience or coursework in early
82 childhood education.
83 (7) Notwithstanding ss. 1002.55(3)(f) and 1002.63(7)
84 1002.63(8), each prekindergarten class in the summer
85 prekindergarten program, regardless of whether the class is a
86 public school's or private prekindergarten provider's class,
87 must be composed of at least 4 students but may not exceed 12 10
88 students beginning with the 2009 summer session. In order to
89 protect the health and safety of students, each public school or
90 private prekindergarten provider must also provide appropriate
91 adult supervision for students at all times. This subsection
92 does not supersede any requirement imposed on a provider under
93 ss. 402.301-402.319.
94 Section 6. Section 1002.63, Florida Statutes, is amended to
95 read:
96 1002.63 School-year prekindergarten program delivered by
97 public schools.—
98 (1) Each school district eligible under subsection (4) may
99 administer the Voluntary Prekindergarten Education Program at
100 the district level for students enrolled under s. 1002.53(3)(c)
101 in a school-year prekindergarten program delivered by a public
102 school.
103 (2) Each school-year prekindergarten program delivered by a
104 public school must comprise at least 540 instructional hours.
105 (3) The district school board of each school district
106 eligible under subsection (4) shall determine which public
107 schools in the district may are eligible to deliver the
108 prekindergarten program during the school year.
109 (4) To be eligible to deliver the prekindergarten program
110 during the school year, each school district must meet both of
111 the following requirements:
112 (a) The district school board must certify to the State
113 Board of Education that the school district:
114 1. Has reduced the average class size in each classroom in
115 accordance with s. 1003.03 and the schedule in s. 1(a), Art. IX
116 of the State Constitution; and
117 2. Has sufficient satisfactory educational facilities and
118 capital outlay funds to continue reducing the average class size
119 in each classroom in the district's elementary schools for each
120 year in accordance with the schedule for class size reduction
121 and to achieve full compliance with the maximum class sizes in
122 s. 1(a), Art. IX of the State Constitution by the beginning of
123 the 2010-2011 school year.
124 (b) The Commissioner of Education must certify to the State
125 Board of Education that the department has reviewed the school
126 district's educational facilities, capital outlay funds, and
127 projected student enrollment and concurs with the district
128 school board's certification under paragraph (a).
129 (4)(5) Each public school must have, for each
130 prekindergarten class, at least one prekindergarten instructor
131 who meets each requirement in s. 1002.55(3)(c) for a
132 prekindergarten instructor of a private prekindergarten
133 provider.
134 (5)(6) Each prekindergarten instructor employed by a public
135 school delivering the school-year prekindergarten program must
136 be of good moral character, must be screened using the level 2
137 screening standards in s. 435.04 before employment and
138 rescreened at least once every 5 years, must be denied
139 employment or terminated if required under s. 435.06, and must
140 not be ineligible to teach in a public school because his or her
141 educator certificate is suspended or revoked. This subsection
142 does not supersede employment requirements for instructional
143 personnel in public schools which are more stringent than the
144 requirements of this subsection.
145 (6)(7) A public school prekindergarten provider may assign
146 a substitute instructor to temporarily replace a credentialed
147 instructor if the credentialed instructor assigned to a
148 prekindergarten class is absent, as long as the substitute
149 instructor is of good moral character and has been screened
150 before employment in accordance with level 2 background
151 screening requirements in chapter 435. This subsection does not
152 supersede employment requirements for instructional personnel in
153 public schools which are more stringent than the requirements of
154 this subsection. The Agency for Workforce Innovation shall adopt
155 rules to implement this subsection which shall include required
156 qualifications of substitute instructors and the circumstances
157 and time limits for which a public school prekindergarten
158 provider may assign a substitute instructor.
159 (7)(8) Each prekindergarten class in a public school
160 delivering the school-year prekindergarten program must be
161 composed of at least 4 students but may not exceed 18 students.
162 In order to protect the health and safety of students, each
163 school must also provide appropriate adult supervision for
164 students at all times and, for each prekindergarten class
165 composed of 11 or more students, must have, in addition to a
166 prekindergarten instructor who meets the requirements of s.
167 1002.55(3)(c), at least one adult prekindergarten instructor who
168 is not required to meet those requirements but who must meet
169 each requirement of subsection (5) (6).
170 (8)(9) Each public school delivering the school-year
171 prekindergarten program must:
172 (a) Register with the early learning coalition on forms
173 prescribed by the Agency for Workforce Innovation; and
174 (b) Deliver the Voluntary Prekindergarten Education Program
175 in accordance with this part.
176 Section 7. Subsections (3) and (4), paragraph (d) of
177 subsection (6), and subsection (7) of section 1002.71, Florida
178 Statutes, are amended to read:
179 1002.71 Funding; financial and attendance reporting.—
180 (3)(a) A separate The base student allocation per full-time
181 equivalent student in the Voluntary Prekindergarten Education
182 Program shall be provided in the General Appropriations Act for
183 a school-year prekindergarten program and for a summer
184 prekindergarten program. The base student allocation for a
185 school-year program and shall be equal for each student,
186 regardless of whether the student is enrolled in a school-year
187 prekindergarten program delivered by a public school or a
188 private prekindergarten provider. The base student allocation
189 for, a summer prekindergarten program shall be equal for each
190 student, regardless of whether the student is enrolled in a
191 summer prekindergarten program delivered by a public school or
192 private prekindergarten provider, or a school-year
193 prekindergarten program delivered by a public school.
194 (b) Each county's allocation per full-time equivalent
195 student in the Voluntary Prekindergarten Education Program shall
196 be calculated annually by multiplying the base student
197 allocation provided in the General Appropriations Act by the
198 county's district cost differential provided in s. 1011.62(2).
199 Each private prekindergarten provider and public school shall be
200 paid in accordance with the county's allocation per full-time
201 equivalent student.
202 (c) The initial allocation shall be based on estimated
203 student enrollment in each coalition service area. The Agency
204 for Workforce Innovation shall reallocate funds among the
205 coalitions based on actual full-time equivalent student
206 enrollment in each coalition service area.
207 (d) For programs offered by school districts pursuant to s.
208 1002.61 and beginning with the 2009 summer program, each
209 district's funding shall be based on a full-time equivalent
210 student enrollment that is evenly divisible by 12 10. If the
211 result of dividing a district's full-time equivalent student
212 enrollment by 12 10 is not a whole number, the district's
213 enrollment calculation shall be adjusted by adding the minimum
214 number of full-time equivalent students to produce a full-time
215 equivalent student enrollment calculation that is evenly
216 divisible by 12 10.
217 (4) Notwithstanding s. 1002.53(3) and subsection (2):
218 (a) A child who, for any of the prekindergarten programs
219 listed in s. 1002.53(3), has not completed more than 10 percent
220 of the hours authorized to be reported for funding under
221 subsection (2) may withdraw from the program for good cause,
222 reenroll in one of the programs, and be reported for funding
223 purposes as a full-time equivalent student in the program for
224 which the child is reenrolled. The total funding for a child who
225 reenrolls in one of the programs shall not exceed one full-time
226 equivalent student.
227 (b) A child who has not substantially completed any of the
228 prekindergarten programs listed in s. 1002.53(3) may withdraw
229 from the program due to an extreme hardship that is beyond the
230 child's or parent's control, reenroll in one of the summer
231 programs, and be reported for funding purposes as a full-time
232 equivalent student in the summer program for which the child is
233 reenrolled.
234 A child may reenroll only once in a prekindergarten program
235 under this section. A child who reenrolls in a prekindergarten
236 program under this subsection may not subsequently withdraw from
237 the program and reenroll. The Agency for Workforce Innovation
238 shall establish criteria specifying whether a good cause exists
239 for a child to withdraw from a program under paragraph (a),
240 whether a child has substantially completed a program under
241 paragraph (b), and whether an extreme hardship exists which is
242 beyond the child's or parent's control under paragraph (b).
243 (6)
244 (d) The Agency for Workforce Innovation shall adopt, for
245 funding purposes, a uniform attendance policy for the Voluntary
246 Prekindergarten Education Program. The attendance policy must
247 apply statewide and apply equally to all private prekindergarten
248 providers and public schools. The attendance policy must
249 establish a minimum requirement for student attendance and
250 include the following provisions:
251 1. Beginning with the 2009-2010 fiscal year for school-year
252 programs and the 2009 summer program, a student who meets the
253 minimum requirement of 80 percent of the total number of hours
254 for the program may be reported as a full-time equivalent
255 student for funding purposes.
256 2. A student who does not meet the minimum requirement may
257 be reported only as a fractional part of a full-time equivalent
258 student, reduced pro rata based on the student's attendance.
259 3. A student who does not meet the minimum requirement may
260 be reported as a full-time equivalent student if the student is
261 absent for good cause in accordance with exceptions specified in
262 the uniform attendance policy.
263 The uniform attendance policy shall be used only for funding
264 purposes and does not prohibit a private prekindergarten
265 provider or public school from adopting and enforcing its
266 attendance policy under paragraphs (a) and (c).
267 (7) The Agency for Workforce Innovation shall require that
268 administrative expenditures be kept to the minimum necessary for
269 efficient and effective administration of the Voluntary
270 Prekindergarten Education Program. Administrative policies and
271 procedures shall be revised, to the maximum extent practicable,
272 to incorporate the use of automation and electronic submission
273 of forms, including those required for child eligibility and
274 enrollment, provider and class registration, and monthly
275 certification of attendance for payment. A school district may
276 use its automated daily attendance reporting system for the
277 purpose of transmitting attendance records to the early learning
278 coalition in a mutually agreed-upon format. In addition, actions
279 shall be taken to reduce paperwork, eliminate the duplication of
280 reports, and eliminate other duplicative activities. Beginning
281 with the 2008-2009 fiscal year, each early learning coalition
282 may retain and expend no more than 4.85 5 percent of the funds
283 paid by the coalition to private prekindergarten providers and
284 public schools under paragraph (5)(b). Funds retained by an
285 early learning coalition under this subsection may be used only
286 for administering the Voluntary Prekindergarten Education
287 Program and may not be used for the school readiness program or
288 other programs.
289 Section 8. Paragraphs (c) and (d) of subsection (2) of
290 section 1002.73, Florida Statutes, are amended to read:
291 1002.73 Department of Education; powers and duties;
292 accountability requirements.—
293 (2) The department shall adopt procedures for the
294 department's:
295 (c) Certification of school districts that are eligible to
296 deliver the school-year prekindergarten program under s.
297 1002.63.
298 (c)(d) Administration of the statewide kindergarten
299 screening and calculation of kindergarten readiness rates under
300 s. 1002.69.
301 Section 9. Paragraph (a) of subsection (4) of section
302 1003.03, Florida Statutes, is amended to read:
303 1003.03 Maximum class size.—
304 (4) ACCOUNTABILITY.—
305 (a)1. Beginning in the 2003-2004 fiscal year, if the
306 department determines for any year that a school district has
307 not reduced average class size as required in subsection (2) at
308 the time of the third FEFP calculation, the department shall
309 calculate an amount from the class size reduction operating
310 categorical which is proportionate to the amount of class size
311 reduction not accomplished. Upon verification of the
312 department's calculation by the Florida Education Finance
313 Program Appropriation Allocation Conference and not later than
314 March 1 of each year, the Executive Office of the Governor shall
315 transfer undistributed funds equivalent to the calculated amount
316 from the district's class size reduction operating categorical
317 to an approved fixed capital outlay appropriation for class size
318 reduction in the affected district pursuant to s. 216.292(2)(d).
319 The amount of funds transferred shall be the lesser of the
320 amount verified by the Florida Education Finance Program
321 Appropriation Allocation Conference or the undistributed balance
322 of the district's class size reduction operating categorical.
323 2. In lieu of the transfer required by subparagraph 1., the
324 Commissioner of Education may recommend a budget amendment,
325 subject to approval by the Legislative Budget Commission, to
326 transfer an alternative amount of funds from the district's
327 class size reduction operating categorical to its approved fixed
328 capital outlay account for class size reduction if the
329 commissioner finds that the State Board of Education has
330 reviewed evidence indicating that a district has been unable to
331 meet class size reduction requirements despite appropriate
332 effort to do so. The commissioner's budget amendment must be
333 submitted to the Legislative Budget Commission by February 15 of
334 each year.
335 3. For the 2007-2008 fiscal year and thereafter, if in any
336 fiscal year funds from a district's class size operating
337 categorical are required to be transferred to its fixed capital
338 outlay fund and the district's class size operating categorical
339 allocation in the General Appropriations Act for that fiscal
340 year has been reduced by a subsequent appropriation, the
341 Commissioner of Education may recommend a 50 percent 10-percent
342 reduction in the amount of the transfer.
343 Section 10. Paragraph (a) of subsection (2) of section
344 1006.40, Florida Statutes, is amended to read:
345 1006.40 Use of instructional materials allocation;
346 instructional materials, library books, and reference books;
347 repair of books.—
348 (2)(a) Each district school board must purchase current
349 instructional materials to provide each student with a textbook
350 or other instructional materials as a major tool of instruction
351 in core courses of the appropriate subject areas of mathematics,
352 language arts, science, social studies, reading, and literature
353 for kindergarten through grade 12. Such purchase must be made
354 within the first 2 years after of the effective date of the
355 adoption cycle; however, this requirement is waived for the
356 adoption cycle occurring in the 2008-2009 academic year. Unless
357 specifically provided for in the General Appropriations Act, the
358 cost of instructional materials purchases required by this
359 paragraph shall not exceed the amount of the district's
360 allocation for instructional materials, pursuant to s. 1011.67,
361 for the previous 2 years.
362 Section 11. Section 1011.051, Florida Statutes, is created
363 to read:
364 1011.051 Guidelines for general funds.—The district school
365 board shall maintain an unreserved general fund balance that is
366 sufficient to address normal contingencies.
367 (1) If at any time the unreserved general fund balance in
368 the district's approved operating budget is projected to fall
369 during the current fiscal year below 3 percent of projected
370 general fund revenues, the superintendent shall provide written
371 notification to the district school board and the Commissioner
372 of Education.
373 (2) If the unreserved general fund balance in the
374 district’s approved operating budget is projected to fall during
375 the current fiscal year below 2 percent of projected general
376 fund revenues, the superintendent shall provide written
377 notification to the district school board and the Commissioner
378 of Education. Within 14 days after receiving such notification,
379 if the commissioner determines that the district does not have a
380 plan that is reasonably anticipated to avoid a financial
381 emergency as determined pursuant to 218.503, the commissioner
382 shall appoint a financial emergency board that shall operate
383 consistent with the requirements, powers, and duties specified
384 in s. 218.503(3)(g).
385 Section 12. Paragraph (d) of subsection (2) and subsection
386 (4) of section 1011.71, Florida Statutes, are amended to read:
387 1011.71 District school tax.—
388 (2) In addition to the maximum millage levy as provided in
389 subsection (1), each school board may levy not more than 1.75
390 mills against the taxable value for school purposes for district
391 schools, including charter schools at the discretion of the
392 school board, to fund:
393 (d) Effective July 1, 2008, the purchase, lease-purchase,
394 or lease of new and replacement equipment, and enterprise
395 resource software applications that are classified as capital
396 assets in accordance with definitions of the Governmental
397 Accounting Standards Board, have a useful life of at least 5
398 years, and are used to support district-wide administration or
399 state-mandated reporting requirements.
400 (4) Effective July 1, 2008, and through June 30, 2010, a
401 school district that has met the reduction requirements
402 regarding class size for the 2008-2009 fiscal year pursuant to
403 s. 1003.03 for K-12 students for whom the school district
404 provides the educational facilities and governs operations and
405 certifies to the Commissioner of Education that the district
406 does not need all of its discretionary 1.75-mill capital
407 improvement revenue for capital outlay purposes and all of the
408 district's instructional space needs for the next 5 years can be
409 met from capital outlay sources that the district reasonably
410 expects to receive during the next 5 years from local revenues
411 and from currently appropriated state facilities funding or from
412 alternative scheduling or construction, leasing, rezoning, or
413 technological methodologies that exhibit sound management may
414 expend, subject to the provisions of s. 200.065, up to $100 $65
415 per unweighted full-time equivalent student from the revenue
416 generated by the 2008-2009 millage levy authorized by subsection
417 (2) to fund, in addition to expenditures authorized in
418 paragraphs (2)(a)-(j), 2008-2009 expenses for the following:
419 (a) The purchase, lease-purchase, or lease of driver's
420 education vehicles; motor vehicles used for the maintenance or
421 operation of plants and equipment; security vehicles; or
422 vehicles used in storing or distributing materials and
423 equipment.
424 (b) Payment of the cost of premiums for property and
425 casualty insurance necessary to insure school district
426 educational and ancillary plants. Operating revenues that are
427 made available through the payment of property and casualty
428 insurance premiums from revenues generated under this subsection
429 may be expended only for nonrecurring operational expenditures
430 of the school district.
431 Section 13. Section 11 of chapter 2008-142 and section 2 of
432 chapter 2008-213, Laws of Florida, are repealed.
433 Section 14. Paragraph (b) of subsection (6) of section
434 1013.64, Florida Statutes, is amended to read:
435 1013.64 Funds for comprehensive educational plant needs;
436 construction cost maximums for school district capital
437 projects.—Allocations from the Public Education Capital Outlay
438 and Debt Service Trust Fund to the various boards for capital
439 outlay projects shall be determined as follows:
440 (6)
441 (b)1. A district school board, including a district school
442 board of an academic performance-based charter school district,
443 must not use funds from the following sources: Public Education
444 Capital Outlay and Debt Service Trust Fund; School District and
445 Community College District Capital Outlay and Debt Service Trust
446 Fund; Classrooms First Program funds provided in s. 1013.68;
447 effort index grant funds provided in s. 1013.73; nonvoted 1.75
448 mill 2-mill levy of ad valorem property taxes provided in s.
449 1011.71(2); Classrooms for Kids Program funds provided in s.
450 1013.735; District Effort Recognition Program funds provided in
451 s. 1013.736; or High Growth District Capital Outlay Assistance
452 Grant Program funds provided in s. 1013.738 for any new
453 construction of educational plant space with a total cost per
454 student station, including change orders, that equals more than:
455 a. $17,952 for an elementary school,
456 b. $19,386 for a middle school, or
457 c. $25,181 for a high school,
458 (January 2006) as adjusted annually to reflect increases or
459 decreases in the Consumer Price Index.
460 2. A district school board must not use funds from the
461 Public Education Capital Outlay and Debt Service Trust Fund or
462 the School District and Community College District Capital
463 Outlay and Debt Service Trust Fund for any new construction of
464 an ancillary plant that exceeds 70 percent of the average cost
465 per square foot of new construction for all schools.
466 Section 15. Merit awards for instructional personnel and
467 school-based administrators selected for the Merit Award Program
468 in 2008-2009 shall be paid in the 2009-2010 fiscal year only to
469 the extent that funds are available and specifically
470 appropriated in the 2009-2010 fiscal year.
471 Section 16. (1) If the Commissioner of Education determines
472 that a school district acted in good faith, he or she may waive
473 the equal-dollar reduction required in s. 1011.71(5), Florida
474 Statutes, for expenditures for property and casualty insurance
475 made between May 1 and December 31, 2007, and for the audit
476 findings for the 2006-2007 fiscal year related to the purchase
477 of software.
478 (2) This section shall take effect upon this act becoming a
479 law, but only if the School Board of Miami-Dade County dismisses
480 the lawsuit entitled “School Board of Miami-Dade County v. State
481 of Florida Board of Education,” case number 09-00507CA20, which
482 is pending in the Circuit Court of the Eleventh Judicial
483 Circuit.
484 Section 17. In order to implement Specific Appropriations
485 2, 3, and 42 through 45 of the Special Appropriations Act for
486 the 2008-2009 fiscal year, the calculations of the Florida
487 Education Finance Program for the 2008-2009 fiscal year in the
488 document entitled “Public School Funding – The Florida Education
489 Finance Program,” dated January 11, 2009, and filed with the
490 Secretary of the Senate are incorporated by reference for the
491 purpose of displaying the calculations used by the Legislature,
492 consistent with requirements of the Florida Statutes, in making
493 appropriations and reductions in appropriations for the Florida
494 Education Finance Program.
495 Section 18. Except as otherwise expressly provided in this
496 act, this act shall take effect February 1, 2009, or upon
497 becoming a law, whichever occurs later; however, the provisions
498 of s. 1011.71, Florida Statutes, as amended by this act, shall
499 operate retroactively to July 1, 2008, and, if this act becomes
500 a law after February 1, 2009, the provisions of s. 1002.71,
501 Florida Statutes, as amended by this act, shall operate
502 retroactively to February 1, 2009.
503
504 ================= T I T L E A M E N D M E N T ================
505 And the title is amended as follows:
506 Delete everything before the enacting clause
507 and insert:
508 A bill to be entitled
509 An act relating to education funding; amending s. 1001.395,
510 F.S.; providing for district school members to reduce their
511 salary rate on a voluntary basis; amending ss. 1001.42 and
512 1001.50, F.S.; prohibiting a district school board from entering
513 into an employment contract that provides for payment of an
514 amount greater than 1 year of an employee's or superintendent's
515 annual salary for termination, buy-out, or other type of
516 settlement; amending s. 1002.53, F.S., relating to the Voluntary
517 Prekindergarten Education Program; conforming provisions to
518 changes made by the act; amending s. 1002.61, F.S.; increasing
519 the number of students authorized for a summer prekindergarten
520 class; conforming cross-references; amending s. 1002.63, F.S.;
521 eliminating certain eligibility requirements for delivering a
522 prekindergarten program during the school year; amending s.
523 1002.71, F.S.; providing for separate base student allocations
524 for school-year and summer prekindergarten programs; revising
525 the formula for calculating and reporting full-time equivalent
526 student enrollment; providing certain restrictions with respect
527 to a child who reenrolls in a prekindergarten program; requiring
528 that certain administrative procedures be automated; requiring
529 that actions be taken to reduce paperwork, eliminate the
530 duplication of reports, and eliminate other duplicative
531 activities; decreasing the amount that an early learning
532 coalition may expend for administrative purposes; amending s.
533 1002.73, F.S.; revising duties of the Department of Education,
534 to conform; amending s. 1003.03, F.S.; authorizing the
535 Commissioner of Education to recommend a greater reduction in
536 the amount allocated for transfer to a district's fixed capital
537 outlay fund; amending s. 1006.40, F.S.; waiving, for the
538 adoption cycle of the 2008-2009 academic year, the requirement
539 that district school boards purchase instructional materials in
540 core courses; creating s. 1011.051, F.S.; requiring that
541 district school boards maintain an unreserved general fund
542 balance sufficient to address contingencies; specifying
543 procedures for the district to follow if the operating budget
544 falls below a specified percentage of projected general fund
545 revenues; amending s. 1011.71, F.S.; authorizing the purchase of
546 certain enterprise resource software applications with proceeds
547 of the district school tax; eliminating certain restrictions on
548 the expenditure of revenues from the district school tax levy;
549 increasing the amount that school districts may expend per
550 unweighted full-time equivalent student from the revenue
551 generated by the levy; repealing s. 11 of chapter 2008-142 and
552 s. 2 of chapter 2008-213, Laws of Florida, relating to the
553 future expiration of certain provisions relating to school
554 district expenditure of capital outlay millage; amending s.
555 1013.64, F.S., relating to funds for constructing educational
556 plant space; conforming provisions; providing for awards for
557 instructional personnel and school-based administrators under
558 the Merit Award Program to be paid only to the extent funded in
559 the 2009-2010 fiscal year; authorizing the Commissioner of
560 Education to waive the equal-dollar reduction requirement for
561 expenditures made during a specified time for property and
562 casualty insurance and for the audit findings for a specified
563 fiscal year related to the purchase of software, if the
564 commissioner determines that a school district acted in good
565 faith; providing that such authorization is contingent upon
566 dismissal of a specified lawsuit; incorporating by reference
567 certain calculations of the Florida Education Finance Program
568 for the 2008-2009 fiscal year; providing for retroactive
569 application of specified provisions of the act; providing an
570 effective date.