Florida Senate - 2009 CS for SB 6-A
By the Committee on Education Pre-K - 12 Appropriations and
Senator Wise
602-00112-09A 20096Ac1
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.; authorizing the purchase of certain
49 enterprise resource software applications with
50 proceeds of the district school tax; eliminating
51 certain restrictions on the expenditure of revenues
52 from the district school tax levy; providing for
53 future expiration of such provisions; amending s.
54 1013.64, F.S., relating to funds for constructing
55 educational plant space; conforming provisions;
56 providing for a reduction in salary of district school
57 board members for a specified period, notwithstanding
58 certain provisions; providing for awards for
59 instructional personnel and school-based
60 administrators under the Merit Award Program to be
61 paid only to the extent funded in the 2009-2010 fiscal
62 year; incorporating by reference certain calculations
63 of the Florida Education Finance Program for the 2008
64 2009 fiscal year; providing for contingent retroactive
65 application of specified provisions of the act;
66 providing an effective date.
67
68 Be It Enacted by the Legislature of the State of Florida:
69
70 Section 1. Present subsections (4) and (5) of section
71 218.503, Florida Statutes, are renumbered as subsections (5) and
72 (6), respectively, and a new subsection (4) is added to that
73 section, to read:
74 218.503 Determination of financial emergency.—
75 (4) Notwithstanding ss. 1001.395 and 1001.47, if the
76 Commissioner of Education determines that the measures imposed
77 pursuant to subsection (3) have not eliminated a state of
78 financial emergency in a school district within 30 days after
79 the date the condition was declared to exist, the salary of each
80 district school board member, the district superintendent, and
81 each district employee shall be reduced proportionately in an
82 amount necessary to prevent a deficit in the unreserved general
83 fund of the district's operating budget during the remainder of
84 the fiscal year.
85 Section 2. Present subsection (25) of section 1001.42,
86 Florida Statutes, is renumbered as subsection (26), and a new
87 subsection (25) is added to that section, to read:
88 1001.42 Powers and duties of district school board.—The
89 district school board, acting as a board, shall exercise all
90 powers and perform all duties listed below:
91 (25) EMPLOYMENT CONTRACTS.—On or after February 1, 2009, a
92 district school board may not enter into an employment contract
93 that is funded from state funds and that requires the district
94 to pay an employee an amount in excess of 1 year of the
95 employee's annual salary for termination, buy-out, or any other
96 type of contract settlement.
97 Section 3. Subsection (2) of section 1001.50, Florida
98 Statutes, is amended to read:
99 1001.50 Superintendents employed under Art. IX of the State
100 Constitution.—
101 (2) The district school board of each of such districts
102 shall enter into contracts of employment with the district
103 school superintendent and shall adopt rules relating to his or
104 her appointment; however, on or after February 1, 2009, the
105 district school board may not enter into an employment contract
106 that is funded from state funds and that requires the district
107 to pay a superintendent an amount in excess of 1 year of the
108 superintendent's annual salary for termination, buy-out, or any
109 other type of contract settlement.
110 Section 4. Paragraph (c) of subsection (3) of section
111 1002.53, Florida Statutes, is amended to read:
112 1002.53 Voluntary Prekindergarten Education Program;
113 eligibility and enrollment.—
114 (3) The parent of each child eligible under subsection (2)
115 may enroll the child in one of the following programs:
116 (c) A school-year prekindergarten program delivered by a
117 public school, if offered by a school district that is eligible
118 under s. 1002.63.
119 Except as provided in s. 1002.71(4), a child may not enroll in
120 more than one of these programs.
121 Section 5. Subsections (4) and (7) of section 1002.61,
122 Florida Statutes, are amended to read:
123 1002.61 Summer prekindergarten program delivered by public
124 schools and private prekindergarten providers.—
125 (4) Notwithstanding ss. 1002.55(3)(c)1. and 1002.63(4)
126 1002.63(5), each public school and private prekindergarten
127 provider must have, for each prekindergarten class, at least one
128 prekindergarten instructor who:
129 (a) Is a certified teacher; or
130 (b) Holds one of the educational credentials specified in
131 s. 1002.55(4)(a) or (b).
132 As used in this subsection, the term “certified teacher” means a
133 teacher holding a valid Florida educator certificate under s.
134 1012.56 who has the qualifications required by the district
135 school board to instruct students in the summer prekindergarten
136 program. In selecting instructional staff for the summer
137 prekindergarten program, each school district shall give
138 priority to teachers who have experience or coursework in early
139 childhood education.
140 (7) Notwithstanding ss. 1002.55(3)(f) and 1002.63(7)
141 1002.63(8), each prekindergarten class in the summer
142 prekindergarten program, regardless of whether the class is a
143 public school's or private prekindergarten provider's class,
144 must be composed of at least 4 students but may not exceed 12 10
145 students beginning with the 2009 summer session. In order to
146 protect the health and safety of students, each public school or
147 private prekindergarten provider must also provide appropriate
148 adult supervision for students at all times. This subsection
149 does not supersede any requirement imposed on a provider under
150 ss. 402.301-402.319.
151 Section 6. Section 1002.63, Florida Statutes, is amended to
152 read:
153 1002.63 School-year prekindergarten program delivered by
154 public schools.—
155 (1) Each school district eligible under subsection (4) may
156 administer the Voluntary Prekindergarten Education Program at
157 the district level for students enrolled under s. 1002.53(3)(c)
158 in a school-year prekindergarten program delivered by a public
159 school.
160 (2) Each school-year prekindergarten program delivered by a
161 public school must comprise at least 540 instructional hours.
162 (3) The district school board of each school district
163 eligible under subsection (4) shall determine which public
164 schools in the district may are eligible to deliver the
165 prekindergarten program during the school year.
166 (4) To be eligible to deliver the prekindergarten program
167 during the school year, each school district must meet both of
168 the following requirements:
169 (a) The district school board must certify to the State
170 Board of Education that the school district:
171 1. Has reduced the average class size in each classroom in
172 accordance with s. 1003.03 and the schedule in s. 1(a), Art. IX
173 of the State Constitution; and
174 2. Has sufficient satisfactory educational facilities and
175 capital outlay funds to continue reducing the average class size
176 in each classroom in the district's elementary schools for each
177 year in accordance with the schedule for class size reduction
178 and to achieve full compliance with the maximum class sizes in
179 s. 1(a), Art. IX of the State Constitution by the beginning of
180 the 2010-2011 school year.
181 (b) The Commissioner of Education must certify to the State
182 Board of Education that the department has reviewed the school
183 district's educational facilities, capital outlay funds, and
184 projected student enrollment and concurs with the district
185 school board's certification under paragraph (a).
186 (4)(5) Each public school must have, for each
187 prekindergarten class, at least one prekindergarten instructor
188 who meets each requirement in s. 1002.55(3)(c) for a
189 prekindergarten instructor of a private prekindergarten
190 provider.
191 (5)(6) Each prekindergarten instructor employed by a public
192 school delivering the school-year prekindergarten program must
193 be of good moral character, must be screened using the level 2
194 screening standards in s. 435.04 before employment and
195 rescreened at least once every 5 years, must be denied
196 employment or terminated if required under s. 435.06, and must
197 not be ineligible to teach in a public school because his or her
198 educator certificate is suspended or revoked. This subsection
199 does not supersede employment requirements for instructional
200 personnel in public schools which are more stringent than the
201 requirements of this subsection.
202 (6)(7) A public school prekindergarten provider may assign
203 a substitute instructor to temporarily replace a credentialed
204 instructor if the credentialed instructor assigned to a
205 prekindergarten class is absent, as long as the substitute
206 instructor is of good moral character and has been screened
207 before employment in accordance with level 2 background
208 screening requirements in chapter 435. This subsection does not
209 supersede employment requirements for instructional personnel in
210 public schools which are more stringent than the requirements of
211 this subsection. The Agency for Workforce Innovation shall adopt
212 rules to implement this subsection which shall include required
213 qualifications of substitute instructors and the circumstances
214 and time limits for which a public school prekindergarten
215 provider may assign a substitute instructor.
216 (7)(8) Each prekindergarten class in a public school
217 delivering the school-year prekindergarten program must be
218 composed of at least 4 students but may not exceed 18 students.
219 In order to protect the health and safety of students, each
220 school must also provide appropriate adult supervision for
221 students at all times and, for each prekindergarten class
222 composed of 11 or more students, must have, in addition to a
223 prekindergarten instructor who meets the requirements of s.
224 1002.55(3)(c), at least one adult prekindergarten instructor who
225 is not required to meet those requirements but who must meet
226 each requirement of subsection (5) (6).
227 (8)(9) Each public school delivering the school-year
228 prekindergarten program must:
229 (a) Register with the early learning coalition on forms
230 prescribed by the Agency for Workforce Innovation; and
231 (b) Deliver the Voluntary Prekindergarten Education Program
232 in accordance with this part.
233 Section 7. Subsections (3) and (4), paragraph (d) of
234 subsection (6), and subsection (7) of section 1002.71, Florida
235 Statutes, are amended to read:
236 1002.71 Funding; financial and attendance reporting.—
237 (3)(a) A separate The base student allocation per full-time
238 equivalent student in the Voluntary Prekindergarten Education
239 Program shall be provided in the General Appropriations Act for
240 a school-year prekindergarten program and for a summer
241 prekindergarten program. The base student allocation for a
242 school-year program and shall be equal for each student,
243 regardless of whether the student is enrolled in a school-year
244 prekindergarten program delivered by a private prekindergarten
245 provider or a public school. The base student allocation for, a
246 summer prekindergarten program shall be equal for each student,
247 regardless of whether the student is enrolled in a summer
248 prekindergarten program delivered by a public school or private
249 prekindergarten provider, or a school-year prekindergarten
250 program delivered by a public school.
251 (b) Each county's allocation per full-time equivalent
252 student in the Voluntary Prekindergarten Education Program shall
253 be calculated annually by multiplying the base student
254 allocation provided in the General Appropriations Act by the
255 county's district cost differential provided in s. 1011.62(2).
256 Each private prekindergarten provider and public school shall be
257 paid in accordance with the county's allocation per full-time
258 equivalent student.
259 (c) The initial allocation shall be based on estimated
260 student enrollment in each coalition service area. The Agency
261 for Workforce Innovation shall reallocate funds among the
262 coalitions based on actual full-time equivalent student
263 enrollment in each coalition service area.
264 (d) For programs offered by school districts pursuant to s.
265 1002.61 and beginning with the 2009 summer program, each
266 district's funding shall be based on a full-time equivalent
267 student enrollment that is evenly divisible by 12 10. If the
268 result of dividing a district's full-time equivalent student
269 enrollment by 12 10 is not a whole number, the district's
270 enrollment calculation shall be adjusted by adding the minimum
271 number of full-time equivalent students to produce a full-time
272 equivalent student enrollment calculation that is evenly
273 divisible by 12 10.
274 (4) Notwithstanding s. 1002.53(3) and subsection (2):
275 (a) A child who, for any of the prekindergarten programs
276 listed in s. 1002.53(3), has not completed more than 10 percent
277 of the hours authorized to be reported for funding under
278 subsection (2) may withdraw from the program for good cause,
279 reenroll in one of the programs, and be reported for funding
280 purposes as a full-time equivalent student in the program for
281 which the child is reenrolled. The total funding for a child who
282 reenrolls in the same program shall not exceed one full-time
283 equivalent student.
284 (b) A child who has not substantially completed any of the
285 prekindergarten programs listed in s. 1002.53(3) may withdraw
286 from the program due to an extreme hardship that is beyond the
287 child's or parent's control, reenroll in one of the summer
288 programs, and be reported for funding purposes as a full-time
289 equivalent student in the summer program for which the child is
290 reenrolled.
291 A child may reenroll only once in a prekindergarten program
292 under this section. A child who reenrolls in a prekindergarten
293 program under this subsection may not subsequently withdraw from
294 the program and reenroll. The Agency for Workforce Innovation
295 shall establish criteria specifying whether a good cause exists
296 for a child to withdraw from a program under paragraph (a),
297 whether a child has substantially completed a program under
298 paragraph (b), and whether an extreme hardship exists which is
299 beyond the child's or parent's control under paragraph (b).
300 (6)
301 (d) The Agency for Workforce Innovation shall adopt, for
302 funding purposes, a uniform attendance policy for the Voluntary
303 Prekindergarten Education Program. The attendance policy must
304 apply statewide and apply equally to all private prekindergarten
305 providers and public schools. The attendance policy must
306 establish a minimum requirement for student attendance and
307 include the following provisions:
308 1. Beginning with the 2009-2010 fiscal year for school-year
309 programs and the 2009 summer program, a student who meets the
310 minimum requirement of 80 percent of the total number of hours
311 for the program may be reported as a full-time equivalent
312 student for funding purposes.
313 2. A student who does not meet the minimum requirement may
314 be reported only as a fractional part of a full-time equivalent
315 student, reduced pro rata based on the student's attendance.
316 3. A student who does not meet the minimum requirement may
317 be reported as a full-time equivalent student if the student is
318 absent for good cause in accordance with exceptions specified in
319 the uniform attendance policy.
320 The uniform attendance policy shall be used only for funding
321 purposes and does not prohibit a private prekindergarten
322 provider or public school from adopting and enforcing its
323 attendance policy under paragraphs (a) and (c).
324 (7) The Agency for Workforce Innovation shall require that
325 administrative expenditures be kept to the minimum necessary for
326 efficient and effective administration of the Voluntary
327 Prekindergarten Education Program. Administrative policies and
328 procedures shall be revised, to the maximum extent practicable,
329 to incorporate the use of automation and electronic submission
330 of forms, including those required for child eligibility and
331 enrollment, provider and class registration, and monthly
332 certification of attendance for payment. Beginning with the
333 2008-2009 fiscal year, each early learning coalition may retain
334 and expend no more than 4.85 5 percent of the funds paid by the
335 coalition to private prekindergarten providers and public
336 schools under paragraph (5)(b). Funds retained by an early
337 learning coalition under this subsection may be used only for
338 administering the Voluntary Prekindergarten Education Program
339 and may not be used for the school readiness program or other
340 programs.
341 Section 8. Paragraphs (c) and (d) of subsection (2) of
342 section 1002.73, Florida Statutes, are amended to read:
343 1002.73 Department of Education; powers and duties;
344 accountability requirements.—
345 (2) The department shall adopt procedures for the
346 department's:
347 (c) Certification of school districts that are eligible to
348 deliver the school-year prekindergarten program under s.
349 1002.63.
350 (c)(d) Administration of the statewide kindergarten
351 screening and calculation of kindergarten readiness rates under
352 s. 1002.69.
353 Section 9. Paragraph (a) of subsection (2) of section
354 1006.40, Florida Statutes, is amended to read:
355 1006.40 Use of instructional materials allocation;
356 instructional materials, library books, and reference books;
357 repair of books.—
358 (2)(a) Each district school board must purchase current
359 instructional materials to provide each student with a textbook
360 or other instructional materials as a major tool of instruction
361 in core courses of the appropriate subject areas of mathematics,
362 language arts, science, social studies, reading, and literature
363 for kindergarten through grade 12. Such purchase must be made
364 within the first 2 years after of the effective date of the
365 adoption cycle; however, this requirement is waived for the
366 adoption cycle occurring in the 2008-2009 academic year. Unless
367 specifically provided for in the General Appropriations Act, the
368 cost of instructional materials purchases required by this
369 paragraph shall not exceed the amount of the district's
370 allocation for instructional materials, pursuant to s. 1011.67,
371 for the previous 2 years.
372 Section 10. Section 1011.051, Florida Statutes, is created
373 to read:
374 1011.051 Guidelines for general funds.—The district school
375 board shall maintain an unreserved general fund balance that is
376 sufficient to address normal contingencies.
377 (1) If at any time the unreserved general fund in the
378 district's approved operating budget is projected to fall during
379 the current fiscal year below 5 percent of projected general
380 fund revenues, the superintendent shall provide written
381 notification to the district school board and the Commissioner
382 of Education.
383 (a) With respect to a collective bargaining agreement
384 executed on or after the effective date of this act, if the
385 unreserved general fund in the district's approved operating
386 budget is projected to fall during the current fiscal year below
387 2 percent of projected general fund revenues, the provisions of
388 s. 447.4095 shall be followed for the purpose of modifying the
389 agreement as necessary to avoid a financial emergency within the
390 school district as provided under part V of chapter 218. If the
391 parties fail to reach agreement and proceed to implement the
392 provisions of s. 447.403, the superintendent shall provide
393 written notification to the Commissioner of Education, the
394 dispute shall be resolved through an expedited impasse hearing,
395 and the timelines prescribed in s. 447.403(2)(c) shall apply.
396 (b) With respect to a collective bargaining agreement
397 executed before the effective date of this act, if the
398 unreserved general fund in the district's approved operating
399 budget is projected to fall during the current fiscal year below
400 projected general fund revenues, the provisions of s. 447.4095
401 shall be followed for the purpose of modifying the agreement as
402 necessary to avoid a financial emergency within the school
403 district as provided under part V of chapter 218. If the parties
404 fail to reach agreement and proceed to implement the provisions
405 of s. 447.403, the superintendent shall provide written
406 notification to the Commissioner of Education, the dispute shall
407 be resolved through an expedited impasse hearing, and the
408 timelines prescribed in s. 447.403(2)(c) shall apply.
409 (2)(a) Each collective bargaining agreement entered into by
410 a school board on or after the effective date of this act must
411 make adequate provision to allow the school board to maintain an
412 unreserved general fund balance as required by this section.
413 (b) Any collective bargaining agreement entered into by a
414 school board on or after the effective date of this act which
415 does not meet the requirements of this section is void, is
416 contrary to public policy, and may not be enforced.
417 (c) Any collective bargaining agreement entered into by a
418 school board before the effective date of this act is subject to
419 the provisions of s. 447.4095 if the school district projects
420 that, at any point in the fiscal year, it will have insufficient
421 funds to continue normal operations and address normal
422 contingencies. Projection of such conditions by the school board
423 constitutes “financial urgency” for purposes of s. 447.4095, but
424 this paragraph does not limit the meaning of “financial urgency”
425 to such projection.
426 Section 11. Paragraph (d) of subsection (2) and subsection
427 (4) of section 1011.71, Florida Statutes, as amended by chapters
428 2007-328, 2008-2, 2008-142, and 2008-213, Laws of Florida, are
429 amended to read:
430 1011.71 District school tax.—
431 (2) In addition to the maximum millage levy as provided in
432 subsection (1), each school board may levy not more than 1.75
433 mills against the taxable value for school purposes for district
434 schools, including charter schools at the discretion of the
435 school board, to fund:
436 (d) The purchase, lease-purchase, or lease of new and
437 replacement equipment, and enterprise resource software
438 applications that are classified as capital assets in accordance
439 with definitions of the Governmental Accounting Standards Board,
440 have a useful life of at least 5 years, and are used to support
441 district-wide administration or state-mandated reporting
442 requirements.
443 (4) A school district that has met the reduction
444 requirements regarding class size for the 2008-2009 fiscal year
445 pursuant to s. 1003.03 for K-12 students for whom the school
446 district provides the educational facilities and governs
447 operations and certifies to the Commissioner of Education that
448 the district does not need all of its discretionary 1.75-mill
449 capital improvement revenue for capital outlay purposes and all
450 of the district's instructional space needs for the next 5 years
451 can be met from capital outlay sources that the district
452 reasonably expects to receive during the next 5 years from local
453 revenues and from currently appropriated state facilities
454 funding or from alternative scheduling or construction, leasing,
455 rezoning, or technological methodologies that exhibit sound
456 management may expend, subject to the provisions of s. 200.065,
457 up to $65 per unweighted full-time equivalent student from the
458 revenue generated by the 2008-2009 millage levy authorized by
459 subsection (2) to fund, in addition to expenditures authorized
460 in paragraphs (2)(a)-(j), 2008-2009 expenses for the following:
461 (a) The purchase, lease-purchase, or lease of driver's
462 education vehicles; motor vehicles used for the maintenance or
463 operation of plants and equipment; security vehicles; or
464 vehicles used in storing or distributing materials and
465 equipment.
466 (b) Payment of the cost of premiums for property and
467 casualty insurance necessary to insure school district
468 educational and ancillary plants. Operating revenues that are
469 made available through the payment of property and casualty
470 insurance premiums from revenues generated under this subsection
471 may be expended only for nonrecurring operational expenditures
472 of the school district.
473 Section 12. The amendments made by this act to subsection
474 (4) of section 1011.71, Florida Statutes, as carried forward by
475 this act from chapters 2007-328, 2008-2, 2008-142, and 2008-213,
476 Laws of Florida, shall expire July 1, 2009, and the text of that
477 subsection shall revert to that in existence on the day before
478 the effective date of chapter 2007-328, Laws of Florida, except
479 that any amendments to such text enacted other than by this act
480 and chapters 2007-328, 2008-2, 2008-142, and 2008-213, Laws of
481 Florida, shall be preserved and continue to operate to the
482 extent that the amendments are not dependent upon the portions
483 of such text which expire pursuant to this section.
484 Section 13. Paragraph (b) of subsection (6) of section
485 1013.64, Florida Statutes, is amended to read:
486 1013.64 Funds for comprehensive educational plant needs;
487 construction cost maximums for school district capital
488 projects.—Allocations from the Public Education Capital Outlay
489 and Debt Service Trust Fund to the various boards for capital
490 outlay projects shall be determined as follows:
491 (6)
492 (b)1. A district school board, including a district school
493 board of an academic performance-based charter school district,
494 must not use funds from the following sources: Public Education
495 Capital Outlay and Debt Service Trust Fund; School District and
496 Community College District Capital Outlay and Debt Service Trust
497 Fund; Classrooms First Program funds provided in s. 1013.68;
498 effort index grant funds provided in s. 1013.73; nonvoted 1.75
499 mill 2-mill levy of ad valorem property taxes provided in s.
500 1011.71(2); Classrooms for Kids Program funds provided in s.
501 1013.735; District Effort Recognition Program funds provided in
502 s. 1013.736; or High Growth District Capital Outlay Assistance
503 Grant Program funds provided in s. 1013.738 for any new
504 construction of educational plant space with a total cost per
505 student station, including change orders, that equals more than:
506 a. $17,952 for an elementary school,
507 b. $19,386 for a middle school, or
508 c. $25,181 for a high school,
509 (January 2006) as adjusted annually to reflect increases or
510 decreases in the Consumer Price Index.
511 2. A district school board must not use funds from the
512 Public Education Capital Outlay and Debt Service Trust Fund or
513 the School District and Community College District Capital
514 Outlay and Debt Service Trust Fund for any new construction of
515 an ancillary plant that exceeds 70 percent of the average cost
516 per square foot of new construction for all schools.
517 Section 14. Notwithstanding the provisions of s. 1001.395,
518 Florida Statutes, between February 1 through June 30, 2009, the
519 salary of each member of each district school board shall be
520 reduced by 5 percent.
521 Section 15. Merit awards for instructional personnel and
522 school-based administrators selected for the Merit Award Program
523 in 2008-2009 shall be paid in the 2009-2010 fiscal year only to
524 the extent that funds are available and specifically
525 appropriated in the 2009-2010 fiscal year.
526 Section 16. In order to implement Specific Appropriations
527 2, 3, and 41 through 44 of the Special Appropriations Act for
528 the 2008-2009 fiscal year, the calculations of the Florida
529 Education Finance Program for the 2008-2009 fiscal year in the
530 document entitled “Public School Funding – The Florida Education
531 Finance Program,” dated January 8, 2009, and filed with the
532 Secretary of the Senate are incorporated by reference for the
533 purpose of displaying the calculations used by the Legislature,
534 consistent with requirements of the Florida Statutes, in making
535 appropriations and reductions in appropriations for the Florida
536 Education Finance Program.
537 Section 17. This act shall take effect February 1, 2009, or
538 upon becoming a law, whichever occurs later; however, if this
539 act becomes a law after February 1, 2009, the provisions of s.
540 1002.71, Florida Statutes, as amended by this act, shall operate
541 retroactively to February 1, 2009.