ENROLLED
2009 Legislature CS for CS for SB 6-A, 2nd Engrossed
20096Aer
1
2 An act relating to education funding; amending s.
3 1001.395, F.S.; providing for district school members
4 to reduce their salary rate on a voluntary basis;
5 amending ss. 1001.42 and 1001.50, F.S.; prohibiting a
6 district school board from entering into an employment
7 contract that provides for payment of an amount
8 greater than 1 year of an employee's or
9 superintendent's annual salary for termination, buy
10 out, or other type of settlement; amending s. 1002.53,
11 F.S., relating to the Voluntary Prekindergarten
12 Education Program; conforming provisions to changes
13 made by the act; amending s. 1002.61, F.S.; increasing
14 the number of students authorized for a summer
15 prekindergarten class; conforming cross-references;
16 amending s. 1002.63, F.S.; eliminating certain
17 eligibility requirements for delivering a
18 prekindergarten program during the school year;
19 amending s. 1002.71, F.S.; providing for separate base
20 student allocations for school-year and summer
21 prekindergarten programs; revising the formula for
22 calculating and reporting full-time equivalent student
23 enrollment; providing certain restrictions with
24 respect to a child who reenrolls in a prekindergarten
25 program; requiring that certain administrative
26 procedures be automated; requiring that actions be
27 taken to reduce paperwork, eliminate the duplication
28 of reports, and eliminate other duplicative
29 activities; decreasing the amount that an early
30 learning coalition may expend for administrative
31 purposes; amending s. 1002.73, F.S.; revising duties
32 of the Department of Education, to conform; amending
33 s. 1003.03, F.S.; authorizing the Commissioner of
34 Education to recommend a greater reduction in the
35 amount allocated for transfer to a district's fixed
36 capital outlay fund; amending s. 1006.40, F.S.;
37 waiving, for the adoption cycle of the 2008-2009
38 academic year, the requirement that district school
39 boards purchase instructional materials in core
40 courses; creating s. 1011.051, F.S.; requiring that
41 district school boards maintain an unreserved general
42 fund balance sufficient to address contingencies;
43 specifying procedures for the district to follow if
44 the operating budget falls below a specified
45 percentage of projected general fund revenues;
46 amending s. 1011.71, F.S.; authorizing the purchase of
47 certain enterprise resource software applications with
48 proceeds of the district school tax; eliminating
49 certain restrictions on the expenditure of revenues
50 from the district school tax levy; increasing the
51 amount that school districts may expend per unweighted
52 full-time equivalent student from the revenue
53 generated by the levy; repealing s. 11 of chapter
54 2008-142 and s. 2 of chapter 2008-213, Laws of
55 Florida, relating to the future expiration of certain
56 provisions relating to school district expenditure of
57 capital outlay millage; amending s. 1013.64, F.S.,
58 relating to funds for constructing educational plant
59 space; conforming provisions; providing for awards for
60 instructional personnel and school-based
61 administrators under the Merit Award Program to be
62 paid only to the extent funded in the 2009-2010 fiscal
63 year; authorizing the Commissioner of Education to
64 waive the equal-dollar reduction requirement for
65 expenditures made during a specified time for property
66 and casualty insurance and for the audit findings for
67 a specified fiscal year related to the purchase of
68 software, if the commissioner determines that a school
69 district acted in good faith; providing that such
70 authorization is contingent upon dismissal of a
71 specified lawsuit; incorporating by reference certain
72 calculations of the Florida Education Finance Program
73 for the 2008-2009 fiscal year; providing for
74 retroactive application of specified provisions of the
75 act; providing an effective date.
76
77 Be It Enacted by the Legislature of the State of Florida:
78
79 Section 1. Section 1001.395, Florida Statutes, is amended
80 to read:
81 1001.395 District school board members; compensation.—
82 (1) Each member of the district school board shall receive
83 a base salary, the amounts indicated in this section, based on
84 the population of the county the district school board member
85 serves. In addition, compensation shall be made for population
86 increments over the minimum for each population group, which
87 shall be determined by multiplying the population in excess of
88 the minimum for the group times the group rate. The product of
89 such calculation shall be added to the base salary to determine
90 the adjusted base salary. The adjusted base salaries of district
91 school board members shall be increased annually as provided for
92 in s. 145.19.
93
94 Pop. Group County Pop. Range Base Salary Group Rate
95 District school board member salaries negotiated on or after
96 November of 2006 shall remain in effect up to the date of the
97 2007-2008 calculation provided pursuant to s. 145.19.
98 (2) Notwithstanding the provisions of this section or s.
99 145.19, Florida Statutes, district school board members may
100 reduce their salary rate on a voluntary basis.
101 Section 2. Present subsection (25) of section 1001.42,
102 Florida Statutes, is renumbered as subsection (26), and a new
103 subsection (25) is added to that section, to read:
104 1001.42 Powers and duties of district school board.—The
105 district school board, acting as a board, shall exercise all
106 powers and perform all duties listed below:
107 (25) EMPLOYMENT CONTRACTS.—On or after February 1, 2009, a
108 district school board may not enter into an employment contract
109 that is funded from state funds and that requires the district
110 to pay an employee an amount in excess of 1 year of the
111 employee's annual salary for termination, buy-out, or any other
112 type of contract settlement.
113 Section 3. Subsection (2) of section 1001.50, Florida
114 Statutes, is amended to read:
115 1001.50 Superintendents employed under Art. IX of the State
116 Constitution.—
117 (2) The district school board of each of such districts
118 shall enter into contracts of employment with the district
119 school superintendent and shall adopt rules relating to his or
120 her appointment; however, on or after February 1, 2009, the
121 district school board may not enter into an employment contract
122 that is funded from state funds and that requires the district
123 to pay a superintendent an amount in excess of 1 year of the
124 superintendent's annual salary for termination, buy-out, or any
125 other type of contract settlement.
126 Section 4. Paragraph (c) of subsection (3) of section
127 1002.53, Florida Statutes, is amended to read:
128 1002.53 Voluntary Prekindergarten Education Program;
129 eligibility and enrollment.—
130 (3) The parent of each child eligible under subsection (2)
131 may enroll the child in one of the following programs:
132 (c) A school-year prekindergarten program delivered by a
133 public school, if offered by a school district that is eligible
134 under s. 1002.63.
135 Except as provided in s. 1002.71(4), a child may not enroll in
136 more than one of these programs.
137 Section 5. Subsections (4) and (7) of section 1002.61,
138 Florida Statutes, are amended to read:
139 1002.61 Summer prekindergarten program delivered by public
140 schools and private prekindergarten providers.—
141 (4) Notwithstanding ss. 1002.55(3)(c)1. and 1002.63(4)
142 1002.63(5), each public school and private prekindergarten
143 provider must have, for each prekindergarten class, at least one
144 prekindergarten instructor who:
145 (a) Is a certified teacher; or
146 (b) Holds one of the educational credentials specified in
147 s. 1002.55(4)(a) or (b).
148 As used in this subsection, the term “certified teacher” means a
149 teacher holding a valid Florida educator certificate under s.
150 1012.56 who has the qualifications required by the district
151 school board to instruct students in the summer prekindergarten
152 program. In selecting instructional staff for the summer
153 prekindergarten program, each school district shall give
154 priority to teachers who have experience or coursework in early
155 childhood education.
156 (7) Notwithstanding ss. 1002.55(3)(f) and 1002.63(7)
157 1002.63(8), each prekindergarten class in the summer
158 prekindergarten program, regardless of whether the class is a
159 public school's or private prekindergarten provider's class,
160 must be composed of at least 4 students but may not exceed 12 10
161 students beginning with the 2009 summer session. In order to
162 protect the health and safety of students, each public school or
163 private prekindergarten provider must also provide appropriate
164 adult supervision for students at all times. This subsection
165 does not supersede any requirement imposed on a provider under
166 ss. 402.301-402.319.
167 Section 6. Section 1002.63, Florida Statutes, is amended to
168 read:
169 1002.63 School-year prekindergarten program delivered by
170 public schools.—
171 (1) Each school district eligible under subsection (4) may
172 administer the Voluntary Prekindergarten Education Program at
173 the district level for students enrolled under s. 1002.53(3)(c)
174 in a school-year prekindergarten program delivered by a public
175 school.
176 (2) Each school-year prekindergarten program delivered by a
177 public school must comprise at least 540 instructional hours.
178 (3) The district school board of each school district
179 eligible under subsection (4) shall determine which public
180 schools in the district may are eligible to deliver the
181 prekindergarten program during the school year.
182 (4) To be eligible to deliver the prekindergarten program
183 during the school year, each school district must meet both of
184 the following requirements:
185 (a) The district school board must certify to the State
186 Board of Education that the school district:
187 1. Has reduced the average class size in each classroom in
188 accordance with s. 1003.03 and the schedule in s. 1(a), Art. IX
189 of the State Constitution; and
190 2. Has sufficient satisfactory educational facilities and
191 capital outlay funds to continue reducing the average class size
192 in each classroom in the district's elementary schools for each
193 year in accordance with the schedule for class size reduction
194 and to achieve full compliance with the maximum class sizes in
195 s. 1(a), Art. IX of the State Constitution by the beginning of
196 the 2010-2011 school year.
197 (b) The Commissioner of Education must certify to the State
198 Board of Education that the department has reviewed the school
199 district's educational facilities, capital outlay funds, and
200 projected student enrollment and concurs with the district
201 school board's certification under paragraph (a).
202 (4)(5) Each public school must have, for each
203 prekindergarten class, at least one prekindergarten instructor
204 who meets each requirement in s. 1002.55(3)(c) for a
205 prekindergarten instructor of a private prekindergarten
206 provider.
207 (5)(6) Each prekindergarten instructor employed by a public
208 school delivering the school-year prekindergarten program must
209 be of good moral character, must be screened using the level 2
210 screening standards in s. 435.04 before employment and
211 rescreened at least once every 5 years, must be denied
212 employment or terminated if required under s. 435.06, and must
213 not be ineligible to teach in a public school because his or her
214 educator certificate is suspended or revoked. This subsection
215 does not supersede employment requirements for instructional
216 personnel in public schools which are more stringent than the
217 requirements of this subsection.
218 (6)(7) A public school prekindergarten provider may assign
219 a substitute instructor to temporarily replace a credentialed
220 instructor if the credentialed instructor assigned to a
221 prekindergarten class is absent, as long as the substitute
222 instructor is of good moral character and has been screened
223 before employment in accordance with level 2 background
224 screening requirements in chapter 435. This subsection does not
225 supersede employment requirements for instructional personnel in
226 public schools which are more stringent than the requirements of
227 this subsection. The Agency for Workforce Innovation shall adopt
228 rules to implement this subsection which shall include required
229 qualifications of substitute instructors and the circumstances
230 and time limits for which a public school prekindergarten
231 provider may assign a substitute instructor.
232 (7)(8) Each prekindergarten class in a public school
233 delivering the school-year prekindergarten program must be
234 composed of at least 4 students but may not exceed 18 students.
235 In order to protect the health and safety of students, each
236 school must also provide appropriate adult supervision for
237 students at all times and, for each prekindergarten class
238 composed of 11 or more students, must have, in addition to a
239 prekindergarten instructor who meets the requirements of s.
240 1002.55(3)(c), at least one adult prekindergarten instructor who
241 is not required to meet those requirements but who must meet
242 each requirement of subsection (5) (6).
243 (8)(9) Each public school delivering the school-year
244 prekindergarten program must:
245 (a) Register with the early learning coalition on forms
246 prescribed by the Agency for Workforce Innovation; and
247 (b) Deliver the Voluntary Prekindergarten Education Program
248 in accordance with this part.
249 Section 7. Subsections (3) and (4), paragraph (d) of
250 subsection (6), and subsection (7) of section 1002.71, Florida
251 Statutes, are amended to read:
252 1002.71 Funding; financial and attendance reporting.—
253 (3)(a) A separate The base student allocation per full-time
254 equivalent student in the Voluntary Prekindergarten Education
255 Program shall be provided in the General Appropriations Act for
256 a school-year prekindergarten program and for a summer
257 prekindergarten program. The base student allocation for a
258 school-year program and shall be equal for each student,
259 regardless of whether the student is enrolled in a school-year
260 prekindergarten program delivered by a public school or a
261 private prekindergarten provider. The base student allocation
262 for, a summer prekindergarten program shall be equal for each
263 student, regardless of whether the student is enrolled in a
264 summer prekindergarten program delivered by a public school or
265 private prekindergarten provider, or a school-year
266 prekindergarten program delivered by a public school.
267 (b) Each county's allocation per full-time equivalent
268 student in the Voluntary Prekindergarten Education Program shall
269 be calculated annually by multiplying the base student
270 allocation provided in the General Appropriations Act by the
271 county's district cost differential provided in s. 1011.62(2).
272 Each private prekindergarten provider and public school shall be
273 paid in accordance with the county's allocation per full-time
274 equivalent student.
275 (c) The initial allocation shall be based on estimated
276 student enrollment in each coalition service area. The Agency
277 for Workforce Innovation shall reallocate funds among the
278 coalitions based on actual full-time equivalent student
279 enrollment in each coalition service area.
280 (d) For programs offered by school districts pursuant to s.
281 1002.61 and beginning with the 2009 summer program, each
282 district's funding shall be based on a full-time equivalent
283 student enrollment that is evenly divisible by 12 10. If the
284 result of dividing a district's full-time equivalent student
285 enrollment by 12 10 is not a whole number, the district's
286 enrollment calculation shall be adjusted by adding the minimum
287 number of full-time equivalent students to produce a full-time
288 equivalent student enrollment calculation that is evenly
289 divisible by 12 10.
290 (4) Notwithstanding s. 1002.53(3) and subsection (2):
291 (a) A child who, for any of the prekindergarten programs
292 listed in s. 1002.53(3), has not completed more than 10 percent
293 of the hours authorized to be reported for funding under
294 subsection (2) may withdraw from the program for good cause,
295 reenroll in one of the programs, and be reported for funding
296 purposes as a full-time equivalent student in the program for
297 which the child is reenrolled. The total funding for a child who
298 reenrolls in one of the programs shall not exceed one full-time
299 equivalent student.
300 (b) A child who has not substantially completed any of the
301 prekindergarten programs listed in s. 1002.53(3) may withdraw
302 from the program due to an extreme hardship that is beyond the
303 child's or parent's control, reenroll in one of the summer
304 programs, and be reported for funding purposes as a full-time
305 equivalent student in the summer program for which the child is
306 reenrolled.
307 A child may reenroll only once in a prekindergarten program
308 under this section. A child who reenrolls in a prekindergarten
309 program under this subsection may not subsequently withdraw from
310 the program and reenroll. The Agency for Workforce Innovation
311 shall establish criteria specifying whether a good cause exists
312 for a child to withdraw from a program under paragraph (a),
313 whether a child has substantially completed a program under
314 paragraph (b), and whether an extreme hardship exists which is
315 beyond the child's or parent's control under paragraph (b).
316 (6)
317 (d) The Agency for Workforce Innovation shall adopt, for
318 funding purposes, a uniform attendance policy for the Voluntary
319 Prekindergarten Education Program. The attendance policy must
320 apply statewide and apply equally to all private prekindergarten
321 providers and public schools. The attendance policy must
322 establish a minimum requirement for student attendance and
323 include the following provisions:
324 1. Beginning with the 2009-2010 fiscal year for school-year
325 programs and the 2009 summer program, a student who meets the
326 minimum requirement of 80 percent of the total number of hours
327 for the program may be reported as a full-time equivalent
328 student for funding purposes.
329 2. A student who does not meet the minimum requirement may
330 be reported only as a fractional part of a full-time equivalent
331 student, reduced pro rata based on the student's attendance.
332 3. A student who does not meet the minimum requirement may
333 be reported as a full-time equivalent student if the student is
334 absent for good cause in accordance with exceptions specified in
335 the uniform attendance policy.
336 The uniform attendance policy shall be used only for funding
337 purposes and does not prohibit a private prekindergarten
338 provider or public school from adopting and enforcing its
339 attendance policy under paragraphs (a) and (c).
340 (7) The Agency for Workforce Innovation shall require that
341 administrative expenditures be kept to the minimum necessary for
342 efficient and effective administration of the Voluntary
343 Prekindergarten Education Program. Administrative policies and
344 procedures shall be revised, to the maximum extent practicable,
345 to incorporate the use of automation and electronic submission
346 of forms, including those required for child eligibility and
347 enrollment, provider and class registration, and monthly
348 certification of attendance for payment. A school district may
349 use its automated daily attendance reporting system for the
350 purpose of transmitting attendance records to the early learning
351 coalition in a mutually agreed-upon format. In addition, actions
352 shall be taken to reduce paperwork, eliminate the duplication of
353 reports, and eliminate other duplicative activities. Beginning
354 with the 2008-2009 fiscal year, each early learning coalition
355 may retain and expend no more than 4.85 5 percent of the funds
356 paid by the coalition to private prekindergarten providers and
357 public schools under paragraph (5)(b). Funds retained by an
358 early learning coalition under this subsection may be used only
359 for administering the Voluntary Prekindergarten Education
360 Program and may not be used for the school readiness program or
361 other programs.
362 Section 8. Paragraphs (c) and (d) of subsection (2) of
363 section 1002.73, Florida Statutes, are amended to read:
364 1002.73 Department of Education; powers and duties;
365 accountability requirements.—
366 (2) The department shall adopt procedures for the
367 department's:
368 (c) Certification of school districts that are eligible to
369 deliver the school-year prekindergarten program under s.
370 1002.63.
371 (c)(d) Administration of the statewide kindergarten
372 screening and calculation of kindergarten readiness rates under
373 s. 1002.69.
374 Section 9. Paragraph (a) of subsection (4) of section
375 1003.03, Florida Statutes, is amended to read:
376 1003.03 Maximum class size.—
377 (4) ACCOUNTABILITY.—
378 (a)1. Beginning in the 2003-2004 fiscal year, if the
379 department determines for any year that a school district has
380 not reduced average class size as required in subsection (2) at
381 the time of the third FEFP calculation, the department shall
382 calculate an amount from the class size reduction operating
383 categorical which is proportionate to the amount of class size
384 reduction not accomplished. Upon verification of the
385 department's calculation by the Florida Education Finance
386 Program Appropriation Allocation Conference and not later than
387 March 1 of each year, the Executive Office of the Governor shall
388 transfer undistributed funds equivalent to the calculated amount
389 from the district's class size reduction operating categorical
390 to an approved fixed capital outlay appropriation for class size
391 reduction in the affected district pursuant to s. 216.292(2)(d).
392 The amount of funds transferred shall be the lesser of the
393 amount verified by the Florida Education Finance Program
394 Appropriation Allocation Conference or the undistributed balance
395 of the district's class size reduction operating categorical.
396 2. In lieu of the transfer required by subparagraph 1., the
397 Commissioner of Education may recommend a budget amendment,
398 subject to approval by the Legislative Budget Commission, to
399 transfer an alternative amount of funds from the district's
400 class size reduction operating categorical to its approved fixed
401 capital outlay account for class size reduction if the
402 commissioner finds that the State Board of Education has
403 reviewed evidence indicating that a district has been unable to
404 meet class size reduction requirements despite appropriate
405 effort to do so. The commissioner's budget amendment must be
406 submitted to the Legislative Budget Commission by February 15 of
407 each year.
408 3. For the 2007-2008 fiscal year and thereafter, if in any
409 fiscal year funds from a district's class size operating
410 categorical are required to be transferred to its fixed capital
411 outlay fund and the district's class size operating categorical
412 allocation in the General Appropriations Act for that fiscal
413 year has been reduced by a subsequent appropriation, the
414 Commissioner of Education may recommend a 50 percent 10-percent
415 reduction in the amount of the transfer.
416 Section 10. Paragraph (a) of subsection (2) of section
417 1006.40, Florida Statutes, is amended to read:
418 1006.40 Use of instructional materials allocation;
419 instructional materials, library books, and reference books;
420 repair of books.—
421 (2)(a) Each district school board must purchase current
422 instructional materials to provide each student with a textbook
423 or other instructional materials as a major tool of instruction
424 in core courses of the appropriate subject areas of mathematics,
425 language arts, science, social studies, reading, and literature
426 for kindergarten through grade 12. Such purchase must be made
427 within the first 2 years after of the effective date of the
428 adoption cycle; however, this requirement is waived for the
429 adoption cycle occurring in the 2008-2009 academic year. Unless
430 specifically provided for in the General Appropriations Act, the
431 cost of instructional materials purchases required by this
432 paragraph shall not exceed the amount of the district's
433 allocation for instructional materials, pursuant to s. 1011.67,
434 for the previous 2 years.
435 Section 11. Section 1011.051, Florida Statutes, is created
436 to read:
437 1011.051 Guidelines for general funds.—The district school
438 board shall maintain an unreserved general fund balance that is
439 sufficient to address normal contingencies.
440 (1) If at any time the unreserved general fund balance in
441 the district's approved operating budget is projected to fall
442 during the current fiscal year below 3 percent of projected
443 general fund revenues, the superintendent shall provide written
444 notification to the district school board and the Commissioner
445 of Education.
446 (2) If the unreserved general fund balance in the
447 district’s approved operating budget is projected to fall during
448 the current fiscal year below 2 percent of projected general
449 fund revenues, the superintendent shall provide written
450 notification to the district school board and the Commissioner
451 of Education. Within 14 days after receiving such notification,
452 if the commissioner determines that the district does not have a
453 plan that is reasonably anticipated to avoid a financial
454 emergency as determined pursuant to 218.503, the commissioner
455 shall appoint a financial emergency board that shall operate
456 consistent with the requirements, powers, and duties specified
457 in s. 218.503(3)(g).
458 Section 12. Paragraph (d) of subsection (2) and subsection
459 (4) of section 1011.71, Florida Statutes, are amended to read:
460 1011.71 District school tax.—
461 (2) In addition to the maximum millage levy as provided in
462 subsection (1), each school board may levy not more than 1.75
463 mills against the taxable value for school purposes for district
464 schools, including charter schools at the discretion of the
465 school board, to fund:
466 (d) Effective July 1, 2008, the purchase, lease-purchase,
467 or lease of new and replacement equipment, and enterprise
468 resource software applications that are classified as capital
469 assets in accordance with definitions of the Governmental
470 Accounting Standards Board, have a useful life of at least 5
471 years, and are used to support district-wide administration or
472 state-mandated reporting requirements.
473 (4) Effective July 1, 2008, and through June 30, 2010, a
474 school district that has met the reduction requirements
475 regarding class size for the 2008-2009 fiscal year pursuant to
476 s. 1003.03 for K-12 students for whom the school district
477 provides the educational facilities and governs operations and
478 certifies to the Commissioner of Education that the district
479 does not need all of its discretionary 1.75-mill capital
480 improvement revenue for capital outlay purposes and all of the
481 district's instructional space needs for the next 5 years can be
482 met from capital outlay sources that the district reasonably
483 expects to receive during the next 5 years from local revenues
484 and from currently appropriated state facilities funding or from
485 alternative scheduling or construction, leasing, rezoning, or
486 technological methodologies that exhibit sound management may
487 expend, subject to the provisions of s. 200.065, up to $100 $65
488 per unweighted full-time equivalent student from the revenue
489 generated by the 2008-2009 millage levy authorized by subsection
490 (2) to fund, in addition to expenditures authorized in
491 paragraphs (2)(a)-(j), 2008-2009 expenses for the following:
492 (a) The purchase, lease-purchase, or lease of driver's
493 education vehicles; motor vehicles used for the maintenance or
494 operation of plants and equipment; security vehicles; or
495 vehicles used in storing or distributing materials and
496 equipment.
497 (b) Payment of the cost of premiums for property and
498 casualty insurance necessary to insure school district
499 educational and ancillary plants. Operating revenues that are
500 made available through the payment of property and casualty
501 insurance premiums from revenues generated under this subsection
502 may be expended only for nonrecurring operational expenditures
503 of the school district.
504 Section 13. Section 11 of chapter 2008-142 and section 2 of
505 chapter 2008-213, Laws of Florida, are repealed.
506 Section 14. Paragraph (b) of subsection (6) of section
507 1013.64, Florida Statutes, is amended to read:
508 1013.64 Funds for comprehensive educational plant needs;
509 construction cost maximums for school district capital
510 projects.—Allocations from the Public Education Capital Outlay
511 and Debt Service Trust Fund to the various boards for capital
512 outlay projects shall be determined as follows:
513 (6)
514 (b)1. A district school board, including a district school
515 board of an academic performance-based charter school district,
516 must not use funds from the following sources: Public Education
517 Capital Outlay and Debt Service Trust Fund; School District and
518 Community College District Capital Outlay and Debt Service Trust
519 Fund; Classrooms First Program funds provided in s. 1013.68;
520 effort index grant funds provided in s. 1013.73; nonvoted 1.75
521 mill 2-mill levy of ad valorem property taxes provided in s.
522 1011.71(2); Classrooms for Kids Program funds provided in s.
523 1013.735; District Effort Recognition Program funds provided in
524 s. 1013.736; or High Growth District Capital Outlay Assistance
525 Grant Program funds provided in s. 1013.738 for any new
526 construction of educational plant space with a total cost per
527 student station, including change orders, that equals more than:
528 a. $17,952 for an elementary school,
529 b. $19,386 for a middle school, or
530 c. $25,181 for a high school,
531 (January 2006) as adjusted annually to reflect increases or
532 decreases in the Consumer Price Index.
533 2. A district school board must not use funds from the
534 Public Education Capital Outlay and Debt Service Trust Fund or
535 the School District and Community College District Capital
536 Outlay and Debt Service Trust Fund for any new construction of
537 an ancillary plant that exceeds 70 percent of the average cost
538 per square foot of new construction for all schools.
539 Section 15. Merit awards for instructional personnel and
540 school-based administrators selected for the Merit Award Program
541 in 2008-2009 shall be paid in the 2009-2010 fiscal year only to
542 the extent that funds are available and specifically
543 appropriated in the 2009-2010 fiscal year.
544 Section 16. (1) If the Commissioner of Education determines
545 that a school district acted in good faith, he or she may waive
546 the equal-dollar reduction required in s. 1011.71(5), Florida
547 Statutes, for expenditures for property and casualty insurance
548 made between May 1 and December 31, 2007, and for the audit
549 findings for the 2006-2007 fiscal year related to the purchase
550 of software.
551 (2) This section shall take effect upon this act becoming a
552 law, but only if the School Board of Miami-Dade County dismisses
553 the lawsuit entitled “School Board of Miami-Dade County v. State
554 of Florida Board of Education,” case number 09-00507CA20, which
555 is pending in the Circuit Court of the Eleventh Judicial
556 Circuit.
557 Section 17. In order to implement Specific Appropriations
558 2, 3, and 42 through 45 of the Special Appropriations Act for
559 the 2008-2009 fiscal year, the calculations of the Florida
560 Education Finance Program for the 2008-2009 fiscal year in the
561 document entitled “Public School Funding – The Florida Education
562 Finance Program,” dated January 11, 2009, and filed with the
563 Secretary of the Senate are incorporated by reference for the
564 purpose of displaying the calculations used by the Legislature,
565 consistent with requirements of the Florida Statutes, in making
566 appropriations and reductions in appropriations for the Florida
567 Education Finance Program.
568 Section 18. Except as otherwise expressly provided in this
569 act, this act shall take effect February 1, 2009, or upon
570 becoming a law, whichever occurs later; however, the provisions
571 of s. 1011.71, Florida Statutes, as amended by this act, shall
572 operate retroactively to July 1, 2008, and, if this act becomes
573 a law after February 1, 2009, the provisions of s. 1002.71,
574 Florida Statutes, as amended by this act, shall operate
575 retroactively to February 1, 2009.