HB 35

A bill to be entitled
2An act relating to the allocation and expenditure of
3state lottery revenues; amending s. 24.121, F.S.;
4requiring a portion of Powerball net revenues to be
5allocated to voluntary prekindergarten education
6programs; providing for the use of funds; providing an
7effective date.
9Be It Enacted by the Legislature of the State of Florida:
11     Section 1.  Subsection (5) of section 24.121, Florida
12Statutes, is amended to read:
13     24.121  Allocation of revenues and expenditure of funds for
14public education.-
15     (5)(a)  Public educational programs and purposes funded by
16the Educational Enhancement Trust Fund may include, but are not
17limited to, endowment, scholarship, matching funds, direct
18grants, research and economic development related to education,
19salary enhancement, contracts with independent institutions to
20conduct programs consistent with the state master plan for
21postsecondary education, or any other educational program or
22purpose deemed desirable by the Legislature. Prior to the
23expenditure of these funds, each school district shall establish
24policies and procedures that define enhancement and the types of
25expenditures consistent with that definition.
26     (b)  Except as provided in paragraphs (c), (d), and (e),
27and (f), the Legislature shall equitably apportion moneys in the
28trust fund among public schools, community colleges, and
30     (c)  A portion of such net revenues, as determined annually
31by the Legislature, shall be distributed to each school district
32and shall be made available to each public school in the
33district for enhancing school performance through development
34and implementation of a school improvement plan pursuant to s.
351001.42(18). A portion of these moneys, as determined annually
36in the General Appropriations Act, must be allocated to each
37school in an equal amount for each student enrolled. These
38moneys may be expended only on programs or projects selected by
39the school advisory council or by a parent advisory committee
40created pursuant to this paragraph. If a school does not have a
41school advisory council, the district advisory council must
42appoint a parent advisory committee composed of parents of
43students enrolled in that school, which is representative of the
44ethnic, racial, and economic community served by the school, to
45advise the school's principal on the programs or projects to be
46funded. Neither school district staff nor principals may
47override the recommendations of the school advisory council or
48the parent advisory committee. These moneys may not be used for
49capital improvements or for any project or program that has a
50duration of more than 1 year; however, a school advisory council
51or parent advisory committee may independently determine that a
52program or project formerly funded under this paragraph should
53receive funds in a subsequent year.
54     (d)  No funds shall be released for any purpose from the
55Educational Enhancement Trust Fund to any school district in
56which one or more schools do not have an approved school
57improvement plan pursuant to s. 1001.42(18) or do not comply
58with school advisory council membership composition requirements
59pursuant to s. 1001.452(1). The Commissioner of Education shall
60withhold disbursements from the trust fund to any school
61district that fails to adopt the performance-based salary
62schedule required by s. 1012.22(1).
63     (e)  All components of the Florida Bright Futures
64Scholarship Program shall be funded annually from the
65Educational Enhancement Trust Fund. Funds shall be allocated to
66this program prior to application of the formula for equitable
67distribution to public schools, community colleges, and state
68universities. If shortages require reductions in estimated
69distributions from the Educational Enhancement Trust Fund, funds
70for the Florida Bright Futures Scholarship Program shall be
71reduced only after reductions in all other distributions are
73     (f)  A portion of Powerball net revenues, as determined
74annually by the Legislature, shall be distributed to enhance
75voluntary prekindergarten education programs. Such funds shall
76be allocated to each voluntary prekindergarten education program
77in an equal amount for each student enrolled. Such funds must be
78used for direct classroom expenditures and may not be used for
79administrative costs.
80     (g)(f)  Each school district shall, on a quarterly basis,
81make available to the public and distribute, in an easy to
82understand format, the expenditures of lottery funds allocated
83to the school district.
84     Section 2.  This act shall take effect October 1, 2012.

CODING: Words stricken are deletions; words underlined are additions.