Florida Senate - 2012                                    SB 1450
       
       
       
       By Senator Braynon
       
       
       
       
       33-00567A-12                                          20121450__
    1                        A bill to be entitled                      
    2         An act relating to the allocation and expenditure of
    3         state lottery revenues; amending s. 24.121, F.S.;
    4         requiring that certain unencumbered funds of the
    5         Educational Enhancement Trust Fund be allocated to
    6         voluntary prekindergarten education programs;
    7         providing for the use of funds; providing an effective
    8         date.
    9  
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsection (5) of section 24.121, Florida
   13  Statutes, is amended to read:
   14         24.121 Allocation of revenues and expenditure of funds for
   15  public education.—
   16         (5)(a) Public educational programs and purposes funded by
   17  the Educational Enhancement Trust Fund may include, but are not
   18  limited to, endowment, scholarship, matching funds, direct
   19  grants, research and economic development related to education,
   20  salary enhancement, contracts with independent institutions to
   21  conduct programs consistent with the state master plan for
   22  postsecondary education, or any other educational program or
   23  purpose deemed desirable by the Legislature. Prior to the
   24  expenditure of these funds, each school district shall establish
   25  policies and procedures that define enhancement and the types of
   26  expenditures consistent with that definition.
   27         (b) Except as provided in paragraphs (c), (d), and (e), and
   28  (f), the Legislature shall equitably apportion moneys in the
   29  trust fund among public schools, community colleges, and
   30  universities.
   31         (c) A portion of such net revenues, as determined annually
   32  by the Legislature, shall be distributed to each school district
   33  and shall be made available to each public school in the
   34  district for enhancing school performance through development
   35  and implementation of a school improvement plan pursuant to s.
   36  1001.42(18). A portion of these moneys, as determined annually
   37  in the General Appropriations Act, must be allocated to each
   38  school in an equal amount for each student enrolled. These
   39  moneys may be expended only on programs or projects selected by
   40  the school advisory council or by a parent advisory committee
   41  created pursuant to this paragraph. If a school does not have a
   42  school advisory council, the district advisory council must
   43  appoint a parent advisory committee composed of parents of
   44  students enrolled in that school, which is representative of the
   45  ethnic, racial, and economic community served by the school, to
   46  advise the school’s principal on the programs or projects to be
   47  funded. Neither school district staff nor principals may
   48  override the recommendations of the school advisory council or
   49  the parent advisory committee. These moneys may not be used for
   50  capital improvements or for any project or program that has a
   51  duration of more than 1 year; however, a school advisory council
   52  or parent advisory committee may independently determine that a
   53  program or project formerly funded under this paragraph should
   54  receive funds in a subsequent year.
   55         (d) No funds shall be released for any purpose from the
   56  Educational Enhancement Trust Fund to any school district in
   57  which one or more schools do not have an approved school
   58  improvement plan pursuant to s. 1001.42(18) or do not comply
   59  with school advisory council membership composition requirements
   60  pursuant to s. 1001.452(1). The Commissioner of Education shall
   61  withhold disbursements from the trust fund to any school
   62  district that fails to adopt the performance-based salary
   63  schedule required by s. 1012.22(1).
   64         (e) All components of the Florida Bright Futures
   65  Scholarship Program shall be funded annually from the
   66  Educational Enhancement Trust Fund. Funds shall be allocated to
   67  this program prior to application of the formula for equitable
   68  distribution to public schools, community colleges, and state
   69  universities. If shortages require reductions in estimated
   70  distributions from the Educational Enhancement Trust Fund, funds
   71  for the Florida Bright Futures Scholarship Program shall be
   72  reduced only after reductions in all other distributions are
   73  made.
   74         (f) Fifty percent of unencumbered funds not spent in the
   75  previous fiscal year shall be allocated to enhance voluntary
   76  prekindergarten education programs pursuant to a final audit of
   77  those funds. Such unencumbered funds shall be allocated to each
   78  voluntary prekindergarten education program in an equal amount
   79  for each student enrolled. Such funds must be used for direct
   80  classroom expenditures and may not be used for administrative
   81  costs.
   82         (g)(f) Each school district shall, on a quarterly basis,
   83  make available to the public and distribute, in an easy to
   84  understand format, the expenditures of lottery funds allocated
   85  to the school district.
   86         Section 2. This act shall take effect October 1, 2012.