Florida Senate - 2009 CS for CS for SB 6-A
By the Committees on Policy and Steering Committee on Ways and
Means; Education Pre-K - 12 Appropriations and Senator Wise
576-00127-09A 20096Ac2
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 s. 1001.395, F.S.;
7 providing for district school members to reduce their
8 salary rate on a voluntary basis; amending ss. 1001.42
9 and 1001.50, F.S.; prohibiting a district school board
10 from entering into an employment contract that
11 provides for payment of an amount greater than 1 year
12 of an employee's or superintendent's annual salary for
13 termination, buy-out, or other type of settlement;
14 amending s. 1002.53, F.S., relating to the Voluntary
15 Prekindergarten Education Program; conforming
16 provisions to changes made by the act; amending s.
17 1002.61, F.S.; increasing the number of students
18 authorized for a summer prekindergarten class;
19 conforming cross-references; amending s. 1002.63,
20 F.S.; eliminating certain eligibility requirements for
21 delivering a prekindergarten program during the school
22 year; amending s. 1002.71, F.S.; providing for
23 separate base student allocations for school-year and
24 summer prekindergarten programs; revising the formula
25 for calculating and reporting full-time equivalent
26 student enrollment; providing certain restrictions
27 with respect to a child who reenrolls in a
28 prekindergarten program; requiring that certain
29 administrative procedures be automated; decreasing the
30 amount that an early learning coalition may expend for
31 administrative purposes; amending s. 1002.73, F.S.;
32 revising duties of the Department of Education, to
33 conform; amending s. 1006.40, F.S.; waiving, for the
34 adoption cycle of the 2008-2009 academic year, the
35 requirement that district school boards purchase
36 instructional materials in core courses; creating s.
37 1011.051, F.S.; requiring that district school boards
38 maintain an unreserved general fund balance sufficient
39 to address contingencies; specifying procedures for
40 the district to follow if the operating budget falls
41 below specified percentages or projected general fund
42 revenues; requiring that collective bargaining
43 agreements make adequate provisions for maintaining
44 the required general fund balances; providing that a
45 collective bargaining agreement entered into after the
46 effective date of the act which fails to comply with
47 the act is void and unenforceable; requiring
48 modification of collective bargaining agreements under
49 circumstances involving financial urgency; amending s.
50 1011.71, F.S.; authorizing the purchase of certain
51 enterprise resource software applications with
52 proceeds of the district school tax; eliminating
53 certain restrictions on the expenditure of revenues
54 from the district school tax levy; providing for
55 future expiration of such provisions; amending s.
56 1013.64, F.S., relating to funds for constructing
57 educational plant space; conforming provisions;
58 providing for awards for instructional personnel and
59 school-based administrators under the Merit Award
60 Program to be paid only to the extent funded in the
61 2009-2010 fiscal year; authorizing the Commissioner of
62 Education to waive the equal-dollar reduction
63 requirement for expenditures made during a specified
64 time for property and casualty insurance and for the
65 audit findings for a specified fiscal year related to
66 the purchase of software, if the commissioner
67 determines that a school district acted in good faith;
68 incorporating by reference certain calculations of the
69 Florida Education Finance Program for the 2008-2009
70 fiscal year; providing for contingent retroactive
71 application of specified provisions of the act;
72 providing an effective date.
73
74 Be It Enacted by the Legislature of the State of Florida:
75
76 Section 1. Present subsections (4) and (5) of section
77 218.503, Florida Statutes, are renumbered as subsections (5) and
78 (6), respectively, and a new subsection (4) is added to that
79 section, to read:
80 218.503 Determination of financial emergency.—
81 (4) Notwithstanding ss. 1001.395 and 1001.47, if the
82 Commissioner of Education determines that the measures imposed
83 pursuant to subsection (3) have not eliminated a state of
84 financial emergency in a school district within 30 days after
85 the date the condition was declared to exist, the salary of each
86 district school board member, the district superintendent, and
87 each district employee shall be reduced proportionately in an
88 amount necessary to prevent a deficit in the unreserved general
89 fund of the district's operating budget during the remainder of
90 the fiscal year.
91 Section 2. Section 1001.395, Florida Statutes, is amended
92 to read
93 1001.395 District school board members; compensation.—
94 (1) Each member of the district school board shall receive
95 a base salary, the amounts indicated in this section, based on
96 the population of the county the district school board member
97 serves. In addition, compensation shall be made for population
98 increments over the minimum for each population group, which
99 shall be determined by multiplying the population in excess of
100 the minimum for the group times the group rate. The product of
101 such calculation shall be added to the base salary to determine
102 the adjusted base salary. The adjusted base salaries of district
103 school board members shall be increased annually as provided for
104 in s. 145.19.
105
106 Pop. Group County Pop. Range Base Salary Group Rate
107 District school board member salaries negotiated on or after
108 November of 2006 shall remain in effect up to the date of the
109 2007-2008 calculation provided pursuant to s. 145.19.
110 (2) Notwithstanding the provisions of this section or s.
111 145.19, Florida Statutes, district school board members may
112 reduce their salary rate on a voluntary basis.
113 Section 3. Present subsection (25) of section 1001.42,
114 Florida Statutes, is renumbered as subsection (26), and a new
115 subsection (25) is added to that section, to read:
116 1001.42 Powers and duties of district school board.—The
117 district school board, acting as a board, shall exercise all
118 powers and perform all duties listed below:
119 (25) EMPLOYMENT CONTRACTS.—On or after February 1, 2009, a
120 district school board may not enter into an employment contract
121 that is funded from state funds and that requires the district
122 to pay an employee an amount in excess of 1 year of the
123 employee's annual salary for termination, buy-out, or any other
124 type of contract settlement.
125 Section 4. Subsection (2) of section 1001.50, Florida
126 Statutes, is amended to read:
127 1001.50 Superintendents employed under Art. IX of the State
128 Constitution.—
129 (2) The district school board of each of such districts
130 shall enter into contracts of employment with the district
131 school superintendent and shall adopt rules relating to his or
132 her appointment; however, on or after February 1, 2009, the
133 district school board may not enter into an employment contract
134 that is funded from state funds and that requires the district
135 to pay a superintendent an amount in excess of 1 year of the
136 superintendent's annual salary for termination, buy-out, or any
137 other type of contract settlement.
138 Section 5. Paragraph (c) of subsection (3) of section
139 1002.53, Florida Statutes, is amended to read:
140 1002.53 Voluntary Prekindergarten Education Program;
141 eligibility and enrollment.—
142 (3) The parent of each child eligible under subsection (2)
143 may enroll the child in one of the following programs:
144 (c) A school-year prekindergarten program delivered by a
145 public school, if offered by a school district that is eligible
146 under s. 1002.63.
147 Except as provided in s. 1002.71(4), a child may not enroll in
148 more than one of these programs.
149 Section 6. Subsections (4) and (7) of section 1002.61,
150 Florida Statutes, are amended to read:
151 1002.61 Summer prekindergarten program delivered by public
152 schools and private prekindergarten providers.—
153 (4) Notwithstanding ss. 1002.55(3)(c)1. and 1002.63(4)
154 1002.63(5), each public school and private prekindergarten
155 provider must have, for each prekindergarten class, at least one
156 prekindergarten instructor who:
157 (a) Is a certified teacher; or
158 (b) Holds one of the educational credentials specified in
159 s. 1002.55(4)(a) or (b).
160 As used in this subsection, the term “certified teacher” means a
161 teacher holding a valid Florida educator certificate under s.
162 1012.56 who has the qualifications required by the district
163 school board to instruct students in the summer prekindergarten
164 program. In selecting instructional staff for the summer
165 prekindergarten program, each school district shall give
166 priority to teachers who have experience or coursework in early
167 childhood education.
168 (7) Notwithstanding ss. 1002.55(3)(f) and 1002.63(7)
169 1002.63(8), each prekindergarten class in the summer
170 prekindergarten program, regardless of whether the class is a
171 public school's or private prekindergarten provider's class,
172 must be composed of at least 4 students but may not exceed 12 10
173 students beginning with the 2009 summer session. In order to
174 protect the health and safety of students, each public school or
175 private prekindergarten provider must also provide appropriate
176 adult supervision for students at all times. This subsection
177 does not supersede any requirement imposed on a provider under
178 ss. 402.301-402.319.
179 Section 7. Section 1002.63, Florida Statutes, is amended to
180 read:
181 1002.63 School-year prekindergarten program delivered by
182 public schools.—
183 (1) Each school district eligible under subsection (4) may
184 administer the Voluntary Prekindergarten Education Program at
185 the district level for students enrolled under s. 1002.53(3)(c)
186 in a school-year prekindergarten program delivered by a public
187 school.
188 (2) Each school-year prekindergarten program delivered by a
189 public school must comprise at least 540 instructional hours.
190 (3) The district school board of each school district
191 eligible under subsection (4) shall determine which public
192 schools in the district may are eligible to deliver the
193 prekindergarten program during the school year.
194 (4) To be eligible to deliver the prekindergarten program
195 during the school year, each school district must meet both of
196 the following requirements:
197 (a) The district school board must certify to the State
198 Board of Education that the school district:
199 1. Has reduced the average class size in each classroom in
200 accordance with s. 1003.03 and the schedule in s. 1(a), Art. IX
201 of the State Constitution; and
202 2. Has sufficient satisfactory educational facilities and
203 capital outlay funds to continue reducing the average class size
204 in each classroom in the district's elementary schools for each
205 year in accordance with the schedule for class size reduction
206 and to achieve full compliance with the maximum class sizes in
207 s. 1(a), Art. IX of the State Constitution by the beginning of
208 the 2010-2011 school year.
209 (b) The Commissioner of Education must certify to the State
210 Board of Education that the department has reviewed the school
211 district's educational facilities, capital outlay funds, and
212 projected student enrollment and concurs with the district
213 school board's certification under paragraph (a).
214 (4)(5) Each public school must have, for each
215 prekindergarten class, at least one prekindergarten instructor
216 who meets each requirement in s. 1002.55(3)(c) for a
217 prekindergarten instructor of a private prekindergarten
218 provider.
219 (5)(6) Each prekindergarten instructor employed by a public
220 school delivering the school-year prekindergarten program must
221 be of good moral character, must be screened using the level 2
222 screening standards in s. 435.04 before employment and
223 rescreened at least once every 5 years, must be denied
224 employment or terminated if required under s. 435.06, and must
225 not be ineligible to teach in a public school because his or her
226 educator certificate is suspended or revoked. This subsection
227 does not supersede employment requirements for instructional
228 personnel in public schools which are more stringent than the
229 requirements of this subsection.
230 (6)(7) A public school prekindergarten provider may assign
231 a substitute instructor to temporarily replace a credentialed
232 instructor if the credentialed instructor assigned to a
233 prekindergarten class is absent, as long as the substitute
234 instructor is of good moral character and has been screened
235 before employment in accordance with level 2 background
236 screening requirements in chapter 435. This subsection does not
237 supersede employment requirements for instructional personnel in
238 public schools which are more stringent than the requirements of
239 this subsection. The Agency for Workforce Innovation shall adopt
240 rules to implement this subsection which shall include required
241 qualifications of substitute instructors and the circumstances
242 and time limits for which a public school prekindergarten
243 provider may assign a substitute instructor.
244 (7)(8) Each prekindergarten class in a public school
245 delivering the school-year prekindergarten program must be
246 composed of at least 4 students but may not exceed 18 students.
247 In order to protect the health and safety of students, each
248 school must also provide appropriate adult supervision for
249 students at all times and, for each prekindergarten class
250 composed of 11 or more students, must have, in addition to a
251 prekindergarten instructor who meets the requirements of s.
252 1002.55(3)(c), at least one adult prekindergarten instructor who
253 is not required to meet those requirements but who must meet
254 each requirement of subsection (5) (6).
255 (8)(9) Each public school delivering the school-year
256 prekindergarten program must:
257 (a) Register with the early learning coalition on forms
258 prescribed by the Agency for Workforce Innovation; and
259 (b) Deliver the Voluntary Prekindergarten Education Program
260 in accordance with this part.
261 Section 8. Subsections (3) and (4), paragraph (d) of
262 subsection (6), and subsection (7) of section 1002.71, Florida
263 Statutes, are amended to read:
264 1002.71 Funding; financial and attendance reporting.—
265 (3)(a) A separate The base student allocation per full-time
266 equivalent student in the Voluntary Prekindergarten Education
267 Program shall be provided in the General Appropriations Act for
268 a school-year prekindergarten program and for a summer
269 prekindergarten program. The base student allocation for a
270 school-year program and shall be equal for each student,
271 regardless of whether the student is enrolled in a school-year
272 prekindergarten program delivered by a private prekindergarten
273 provider or a public school. The base student allocation for, a
274 summer prekindergarten program shall be equal for each student,
275 regardless of whether the student is enrolled in a summer
276 prekindergarten program delivered by a public school or private
277 prekindergarten provider, or a school-year prekindergarten
278 program delivered by a public school.
279 (b) Each county's allocation per full-time equivalent
280 student in the Voluntary Prekindergarten Education Program shall
281 be calculated annually by multiplying the base student
282 allocation provided in the General Appropriations Act by the
283 county's district cost differential provided in s. 1011.62(2).
284 Each private prekindergarten provider and public school shall be
285 paid in accordance with the county's allocation per full-time
286 equivalent student.
287 (c) The initial allocation shall be based on estimated
288 student enrollment in each coalition service area. The Agency
289 for Workforce Innovation shall reallocate funds among the
290 coalitions based on actual full-time equivalent student
291 enrollment in each coalition service area.
292 (d) For programs offered by school districts pursuant to s.
293 1002.61 and beginning with the 2009 summer program, each
294 district's funding shall be based on a full-time equivalent
295 student enrollment that is evenly divisible by 12 10. If the
296 result of dividing a district's full-time equivalent student
297 enrollment by 12 10 is not a whole number, the district's
298 enrollment calculation shall be adjusted by adding the minimum
299 number of full-time equivalent students to produce a full-time
300 equivalent student enrollment calculation that is evenly
301 divisible by 12 10.
302 (4) Notwithstanding s. 1002.53(3) and subsection (2):
303 (a) A child who, for any of the prekindergarten programs
304 listed in s. 1002.53(3), has not completed more than 10 percent
305 of the hours authorized to be reported for funding under
306 subsection (2) may withdraw from the program for good cause,
307 reenroll in one of the programs, and be reported for funding
308 purposes as a full-time equivalent student in the program for
309 which the child is reenrolled. The total funding for a child who
310 reenrolls in the same program shall not exceed one full-time
311 equivalent student.
312 (b) A child who has not substantially completed any of the
313 prekindergarten programs listed in s. 1002.53(3) may withdraw
314 from the program due to an extreme hardship that is beyond the
315 child's or parent's control, reenroll in one of the summer
316 programs, and be reported for funding purposes as a full-time
317 equivalent student in the summer program for which the child is
318 reenrolled.
319 A child may reenroll only once in a prekindergarten program
320 under this section. A child who reenrolls in a prekindergarten
321 program under this subsection may not subsequently withdraw from
322 the program and reenroll. The Agency for Workforce Innovation
323 shall establish criteria specifying whether a good cause exists
324 for a child to withdraw from a program under paragraph (a),
325 whether a child has substantially completed a program under
326 paragraph (b), and whether an extreme hardship exists which is
327 beyond the child's or parent's control under paragraph (b).
328 (6)
329 (d) The Agency for Workforce Innovation shall adopt, for
330 funding purposes, a uniform attendance policy for the Voluntary
331 Prekindergarten Education Program. The attendance policy must
332 apply statewide and apply equally to all private prekindergarten
333 providers and public schools. The attendance policy must
334 establish a minimum requirement for student attendance and
335 include the following provisions:
336 1. Beginning with the 2009-2010 fiscal year for school-year
337 programs and the 2009 summer program, a student who meets the
338 minimum requirement of 80 percent of the total number of hours
339 for the program may be reported as a full-time equivalent
340 student for funding purposes.
341 2. A student who does not meet the minimum requirement may
342 be reported only as a fractional part of a full-time equivalent
343 student, reduced pro rata based on the student's attendance.
344 3. A student who does not meet the minimum requirement may
345 be reported as a full-time equivalent student if the student is
346 absent for good cause in accordance with exceptions specified in
347 the uniform attendance policy.
348 The uniform attendance policy shall be used only for funding
349 purposes and does not prohibit a private prekindergarten
350 provider or public school from adopting and enforcing its
351 attendance policy under paragraphs (a) and (c).
352 (7) The Agency for Workforce Innovation shall require that
353 administrative expenditures be kept to the minimum necessary for
354 efficient and effective administration of the Voluntary
355 Prekindergarten Education Program. Administrative policies and
356 procedures shall be revised, to the maximum extent practicable,
357 to incorporate the use of automation and electronic submission
358 of forms, including those required for child eligibility and
359 enrollment, provider and class registration, and monthly
360 certification of attendance for payment. Beginning with the
361 2008-2009 fiscal year, each early learning coalition may retain
362 and expend no more than 4.85 5 percent of the funds paid by the
363 coalition to private prekindergarten providers and public
364 schools under paragraph (5)(b). Funds retained by an early
365 learning coalition under this subsection may be used only for
366 administering the Voluntary Prekindergarten Education Program
367 and may not be used for the school readiness program or other
368 programs.
369 Section 9. Paragraphs (c) and (d) of subsection (2) of
370 section 1002.73, Florida Statutes, are amended to read:
371 1002.73 Department of Education; powers and duties;
372 accountability requirements.—
373 (2) The department shall adopt procedures for the
374 department's:
375 (c) Certification of school districts that are eligible to
376 deliver the school-year prekindergarten program under s.
377 1002.63.
378 (c)(d) Administration of the statewide kindergarten
379 screening and calculation of kindergarten readiness rates under
380 s. 1002.69.
381 Section 10. Paragraph (a) of subsection (2) of section
382 1006.40, Florida Statutes, is amended to read:
383 1006.40 Use of instructional materials allocation;
384 instructional materials, library books, and reference books;
385 repair of books.—
386 (2)(a) Each district school board must purchase current
387 instructional materials to provide each student with a textbook
388 or other instructional materials as a major tool of instruction
389 in core courses of the appropriate subject areas of mathematics,
390 language arts, science, social studies, reading, and literature
391 for kindergarten through grade 12. Such purchase must be made
392 within the first 2 years after of the effective date of the
393 adoption cycle; however, this requirement is waived for the
394 adoption cycle occurring in the 2008-2009 academic year. Unless
395 specifically provided for in the General Appropriations Act, the
396 cost of instructional materials purchases required by this
397 paragraph shall not exceed the amount of the district's
398 allocation for instructional materials, pursuant to s. 1011.67,
399 for the previous 2 years.
400 Section 11. Section 1011.051, Florida Statutes, is created
401 to read:
402 1011.051 Guidelines for general funds.—The district school
403 board shall maintain an unreserved general fund balance that is
404 sufficient to address normal contingencies.
405 (1) If at any time the unreserved general fund in the
406 district's approved operating budget is projected to fall during
407 the current fiscal year below 5 percent of projected general
408 fund revenues, the superintendent shall provide written
409 notification to the district school board and the Commissioner
410 of Education.
411 (a) With respect to a collective bargaining agreement
412 executed on or after the effective date of this act, if the
413 unreserved general fund in the district's approved operating
414 budget is projected to fall during the current fiscal year below
415 2 percent of projected general fund revenues, the provisions of
416 s. 447.4095 shall be followed for the purpose of modifying the
417 agreement as necessary to avoid a financial emergency within the
418 school district as provided under part V of chapter 218. If the
419 parties fail to reach agreement and proceed to implement the
420 provisions of s. 447.403, the superintendent shall provide
421 written notification to the Commissioner of Education, the
422 dispute shall be resolved through an expedited impasse hearing,
423 and the timelines prescribed in s. 447.403(2)(c) shall apply.
424 (b) With respect to a collective bargaining agreement
425 executed before the effective date of this act, if the
426 unreserved general fund in the district's approved operating
427 budget is projected to fall during the current fiscal year below
428 projected general fund revenues, the provisions of s. 447.4095
429 shall be followed for the purpose of modifying the agreement as
430 necessary to avoid a financial emergency within the school
431 district as provided under part V of chapter 218. If the parties
432 fail to reach agreement and proceed to implement the provisions
433 of s. 447.403, the superintendent shall provide written
434 notification to the Commissioner of Education, the dispute shall
435 be resolved through an expedited impasse hearing, and the
436 timelines prescribed in s. 447.403(2)(c) shall apply.
437 (2)(a) Each collective bargaining agreement entered into by
438 a school board on or after the effective date of this act must
439 make adequate provision to allow the school board to maintain an
440 unreserved general fund balance as required by this section.
441 (b) Any collective bargaining agreement entered into by a
442 school board on or after the effective date of this act which
443 does not meet the requirements of this section is void, is
444 contrary to public policy, and may not be enforced.
445 (c) Any collective bargaining agreement entered into by a
446 school board before the effective date of this act is subject to
447 the provisions of s. 447.4095 if the school district projects
448 that, at any point in the fiscal year, it will have insufficient
449 funds to continue normal operations and address normal
450 contingencies. Projection of such conditions by the school board
451 constitutes “financial urgency” for purposes of s. 447.4095, but
452 this paragraph does not limit the meaning of “financial urgency”
453 to such projection.
454 Section 12. Paragraph (d) of subsection (2) and subsection
455 (4) of section 1011.71, Florida Statutes, as amended by chapters
456 2007-328, 2008-2, 2008-142, and 2008-213, Laws of Florida, are
457 amended to read:
458 1011.71 District school tax.—
459 (2) In addition to the maximum millage levy as provided in
460 subsection (1), each school board may levy not more than 1.75
461 mills against the taxable value for school purposes for district
462 schools, including charter schools at the discretion of the
463 school board, to fund:
464 (d) The purchase, lease-purchase, or lease of new and
465 replacement equipment, and enterprise resource software
466 applications that are classified as capital assets in accordance
467 with definitions of the Governmental Accounting Standards Board,
468 have a useful life of at least 5 years, and are used to support
469 district-wide administration or state-mandated reporting
470 requirements.
471 (4) A school district that has met the reduction
472 requirements regarding class size for the 2008-2009 fiscal year
473 pursuant to s. 1003.03 for K-12 students for whom the school
474 district provides the educational facilities and governs
475 operations and certifies to the Commissioner of Education that
476 the district does not need all of its discretionary 1.75-mill
477 capital improvement revenue for capital outlay purposes and all
478 of the district's instructional space needs for the next 5 years
479 can be met from capital outlay sources that the district
480 reasonably expects to receive during the next 5 years from local
481 revenues and from currently appropriated state facilities
482 funding or from alternative scheduling or construction, leasing,
483 rezoning, or technological methodologies that exhibit sound
484 management may expend, subject to the provisions of s. 200.065,
485 up to $65 per unweighted full-time equivalent student from the
486 revenue generated by the 2008-2009 millage levy authorized by
487 subsection (2) to fund, in addition to expenditures authorized
488 in paragraphs (2)(a)-(j), 2008-2009 expenses for the following:
489 (a) The purchase, lease-purchase, or lease of driver's
490 education vehicles; motor vehicles used for the maintenance or
491 operation of plants and equipment; security vehicles; or
492 vehicles used in storing or distributing materials and
493 equipment.
494 (b) Payment of the cost of premiums for property and
495 casualty insurance necessary to insure school district
496 educational and ancillary plants. Operating revenues that are
497 made available through the payment of property and casualty
498 insurance premiums from revenues generated under this subsection
499 may be expended only for nonrecurring operational expenditures
500 of the school district.
501 Section 13. The amendments made by this act to subsection
502 (4) of section 1011.71, Florida Statutes, as carried forward by
503 this act from chapters 2007-328, 2008-2, 2008-142, and 2008-213,
504 Laws of Florida, shall expire July 1, 2009, and the text of that
505 subsection shall revert to that in existence on the day before
506 the effective date of chapter 2007-328, Laws of Florida, except
507 that any amendments to such text enacted other than by this act
508 and chapters 2007-328, 2008-2, 2008-142, and 2008-213, Laws of
509 Florida, shall be preserved and continue to operate to the
510 extent that the amendments are not dependent upon the portions
511 of such text which expire pursuant to this section.
512 Section 14. Paragraph (b) of subsection (6) of section
513 1013.64, Florida Statutes, is amended to read:
514 1013.64 Funds for comprehensive educational plant needs;
515 construction cost maximums for school district capital
516 projects.—Allocations from the Public Education Capital Outlay
517 and Debt Service Trust Fund to the various boards for capital
518 outlay projects shall be determined as follows:
519 (6)
520 (b)1. A district school board, including a district school
521 board of an academic performance-based charter school district,
522 must not use funds from the following sources: Public Education
523 Capital Outlay and Debt Service Trust Fund; School District and
524 Community College District Capital Outlay and Debt Service Trust
525 Fund; Classrooms First Program funds provided in s. 1013.68;
526 effort index grant funds provided in s. 1013.73; nonvoted 1.75
527 mill 2-mill levy of ad valorem property taxes provided in s.
528 1011.71(2); Classrooms for Kids Program funds provided in s.
529 1013.735; District Effort Recognition Program funds provided in
530 s. 1013.736; or High Growth District Capital Outlay Assistance
531 Grant Program funds provided in s. 1013.738 for any new
532 construction of educational plant space with a total cost per
533 student station, including change orders, that equals more than:
534 a. $17,952 for an elementary school,
535 b. $19,386 for a middle school, or
536 c. $25,181 for a high school,
537 (January 2006) as adjusted annually to reflect increases or
538 decreases in the Consumer Price Index.
539 2. A district school board must not use funds from the
540 Public Education Capital Outlay and Debt Service Trust Fund or
541 the School District and Community College District Capital
542 Outlay and Debt Service Trust Fund for any new construction of
543 an ancillary plant that exceeds 70 percent of the average cost
544 per square foot of new construction for all schools.
545 Section 15. Merit awards for instructional personnel and
546 school-based administrators selected for the Merit Award Program
547 in 2008-2009 shall be paid in the 2009-2010 fiscal year only to
548 the extent that funds are available and specifically
549 appropriated in the 2009-2010 fiscal year.
550 Section 16. If the Commissioner of Education determines
551 that a school district acted in good faith, he or she may waive
552 the equal-dollar reduction required in s. 1011.71(5), Florida
553 Statutes, for expenditures for property and casualty insurance
554 made between May 1 and December 31, 2007, and for the audit
555 findings for the 2006-2007 fiscal year related to the purchase
556 of software.
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 8, 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. This act shall take effect February 1, 2009, or
569 upon becoming a law, whichever occurs later; however, if this
570 act becomes a law after February 1, 2009, the provisions of s.
571 1002.71, Florida Statutes, as amended by this act, shall operate
572 retroactively to February 1, 2009.