The Florida Senate

1010.01  Uniform records and accounts.

1010.011  Definition.

1010.02  Financial accounting and expenditures.

1010.03  Delinquent accounts.

1010.04  Purchasing.

1010.05  Federal grants; maximization of indirect cost allowance.

1010.07  Bonds or insurance required.

1010.08  Promotion and public relations; funding.

1010.09  Direct-support organizations.

1010.10  Florida Uniform Management of Institutional Funds Act.

1010.11  Electronic transfer of funds.

1010.01  Uniform records and accounts.--

(1)  The financial records and accounts of each school district, community college, university, and other institution or agency under the supervision of the State Board of Education shall be prepared and maintained as prescribed by law and rules of the State Board of Education.

(2)  Rules of the State Board of Education shall incorporate the requirements of law and the appropriate requirements of the Governmental Accounting Standards Board (GASB) for State and Local Government.

(3)  Required financial accounts and reports shall include provisions that are unique to each of the following: K-12 school districts, community colleges, and state universities, and shall provide for the data to be reported to the National Center of Educational Statistics and other governmental and professional educational data information services as appropriate.

History.--s. 526, ch. 2002-387.

1010.011  Definition.--For purposes of this chapter and chapter 1011, the following terms: university, universities, and university board of trustees include New College under the supervision of the State Board of Education.

History.--s. 527, ch. 2002-387.

1010.02  Financial accounting and expenditures.--All funds accruing to a school district, a community college, or a university must be received, accounted for, and expended in accordance with law and rules of the State Board of Education.

History.--s. 528, ch. 2002-387.

1010.03  Delinquent accounts.--District school boards, community college boards of trustees, and university boards of trustees:

(1)  Shall exert every effort to collect all delinquent accounts.

(2)  May charge off or settle such accounts as may prove uncollectible.

(3)  May employ the services of a collection agency when deemed advisable in collecting delinquent accounts.

(4)  May adopt rules, as necessary, to implement the provisions of this section, including setoff procedures, payroll deductions, and restrictions on release of transcripts, awarding of diplomas, and access to other resources and services of the school district, community college, or university.

History.--s. 529, ch. 2002-387.

1010.04  Purchasing.--

(1)  Purchases and leases by school districts, community colleges, and universities shall comply with the requirements of law and rules of the State Board of Education.

(2)  Each district school board, community college board of trustees, and each university board of trustees shall adopt rules to be followed in making purchases.

(3)  In districts in which the county purchasing agent is authorized by law to make purchases for the benefit of other governmental agencies within the county, the district school board and community college board of trustees shall have the option to purchase from the current county contracts at the unit price stated therein if such purchase is to the economic advantage of the district school board or the community college board of trustees; subject to confirmation of the items of purchase to the standards and specifications prescribed by the school district or community college.

(4)  The State Board of Education may, by rule, provide for alternative procedures for bidding or purchasing in cases in which the character of the item requested renders competitive bidding impractical.

History.--s. 530, ch. 2002-387.

1010.05  Federal grants; maximization of indirect cost allowance.--The Department of Education shall maximize the available federal indirect cost allowed on all federal grants. Beginning with the 2003-2004 fiscal year, none of the funds received from indirect cost allowance shall be expended by the department without specific appropriation by the Legislature. Funds received pursuant to s. 1004.22 are specifically exempt from this provision.

History.--s. 531, ch. 2002-387; ss. 4, 79, ch. 2002-402.

1010.07  Bonds or insurance required.--

(1)  Each district school board, community college board of trustees, and university board of trustees shall ensure that each official and employee responsible for handling, expending, or authorizing the expenditure of funds shall be appropriately bonded or insured to protect the board and the funds involved.

(2)  Contractors paid from school district, community college, or university funds shall give bond for the faithful performance of their contracts in such amount and for such purposes as prescribed by s. 255.05 or by rules of the State Board of Education relating to the type of contract involved. It shall be the duty of the district school board, community college board of trustees, and university board of trustees to require from construction contractors a bond adequate to protect the board and the board's funds involved.

History.--s. 532, ch. 2002-387; s. 123, ch. 2003-1.

1010.08  Promotion and public relations; funding.--Each district school board and community college board of trustees may budget and use a portion of the funds accruing to it from auxiliary enterprises and undesignated gifts for promotion and public relations as prescribed by rules of the State Board of Education. Such funds may be used to provide hospitality to business guests in the district or elsewhere. However, such hospitality expenses may not exceed the amount authorized for such contingency funds as prescribed by rules of the State Board of Education.

History.--s. 533, ch. 2002-387.

1010.09  Direct-support organizations.--School district, community college, and university direct-support organizations shall be organized and conducted under the provisions of ss. 1001.453, 1004.28, and 1004.70 and rules of the State Board of Education, as applicable.

History.--s. 534, ch. 2002-387.

1010.10  Florida Uniform Management of Institutional Funds Act.--

(1)  SHORT TITLE.--This section may be cited as the "Florida Uniform Management of Institutional Funds Act."

(2)  DEFINITIONS.--As used in this section, the term:

(a)  "Endowment fund" means an institutional fund, or any part thereof, not wholly expendable by the institution on a current basis under the terms of the applicable gift instrument.

(b)  "Governing board" means the body responsible for the management of an institution or of an institutional fund.

(c)  "Institution" means an incorporated or unincorporated organization organized and operated exclusively for the advancement of educational purposes, or a governmental entity to the extent that it holds funds exclusively for educational purposes.

(d)  "Institutional fund" means a fund held by an institution for its exclusive use, benefit, or purposes. The term excludes a fund held for an institution by a trustee that is not an institution. The term also excludes a fund in which a beneficiary that is not an institution has an interest, other than possible rights that could arise upon violation or failure of the purposes of the fund.

(e)  "Instrument" means a will; deed; grant; conveyance; agreement; memorandum; electronic record; writing; or other governing document, including the terms of any institutional solicitations from which an institutional fund resulted, under which property is transferred to or held by an institution as an institutional fund.

(3)  EXPENDITURE OF ENDOWMENT FUNDS.--

(a)  A governing board may expend so much of an endowment fund as the governing board determines to be prudent for the uses and purposes for which the endowment fund is established, consistent with the goal of conserving the purchasing power of the endowment fund. In making its determination the governing board shall use reasonable care, skill, and caution in considering the following:

1.  The purposes of the institution;

2.  The intent of the donors of the endowment fund;

3.  The terms of the applicable instrument;

4.  The long-term and short-term needs of the institution in carrying out its purposes;

5.  The general economic conditions;

6.  The possible effect of inflation or deflation;

7.  The other resources of the institution; and

8.  Perpetuation of the endowment.

Expenditures made under this paragraph will be considered prudent if the amount expended is consistent with the goal of preserving the purchasing power of the endowment fund.

(b)  A restriction upon the expenditure of an endowment fund may not be implied from a designation of a gift as an endowment or from a direction or authorization in the instrument to use only "income," "interest," "dividends," or "rents, issues or profits," or "to preserve the principal intact," or words of similar import.

(c)  The provisions of paragraph (a) shall not apply to instruments if the instrument so indicates by stating, "I direct that the expenditure provision of paragraph (a) of subsection (3) of the Florida Uniform Management of Institutional Funds Act not apply to this gift" or words of similar import.

(d)  This subsection does not limit the authority of a governing board to expend funds as permitted under other law, the terms of the instrument, or the charter of the institution.

(e)  Except as otherwise provided, this subsection applies to instruments executed or in effect before or after the effective date of this section.

(4)  STANDARD OF CONDUCT.--

(a)  Members of a governing board shall invest and manage an institutional fund as a prudent investor would, by considering the purposes, distribution requirements, and other circumstances of the fund. In satisfying this standard, the governing board shall exercise reasonable care, skill, and caution.

(b)  A governing board's investment and management decisions about individual assets shall be made not in isolation but in the context of the institutional fund's portfolio of investments as a whole and as a part of an overall investment strategy that provides risk and return objectives reasonably suited to the fund and to the institution.

(c)  Among circumstances that a governing board shall consider are:

1.  Long-term and short-term needs of the institution in carrying out its purposes;

2.  Its present and anticipated financial resources;

3.  General economic conditions;

4.  The possible effect of inflation or deflation;

5.  The expected tax consequences, if any, of investment decisions or strategies;

6.  The role that each investment or course of action plays within the overall investment portfolio of the institutional fund;

7.  The expected total return from income and the appreciation of its investments;

8.  Other resources of the institution;

9.  The needs of the institution and the institutional fund for liquidity, regularity of income, and preservation or appreciation of capital; and

10.  An asset's special relationship or special value, if any, to the purposes of the applicable gift instrument or to the institution.

(d)  A governing board shall make a reasonable effort to verify the facts relevant to the investment and management of institutional fund assets.

(e)  A governing board shall diversify the investments of an institutional fund unless the board reasonably determines that, because of special circumstances, the purposes of the fund are better served without diversifying.

(f)  A governing board shall invest and manage the assets of an institutional fund solely in the interest of the institution.

(5)  INVESTMENT AUTHORITY.--In addition to an investment otherwise authorized by law or by the applicable gift instrument, and without restriction to investments a fiduciary may make, the governing board, subject to any specific limitations in the applicable gift instrument or in the applicable law, other than law relating to investments by a fiduciary:

(a)  Within a reasonable time after receiving property, shall review the property and make and implement decisions concerning the retention and disposition of the assets, in order to bring the portfolio of the institutional fund into compliance with the purposes, terms, distribution requirements, and other circumstances of the institution, and with the requirements of this section;

(b)  May invest in any kind of property or type of investment consistent with the standards of this section;

(c)  May include all or any part of an institutional fund in any pooled or common fund maintained by the institution; and

(d)  May invest all or any part of the institutional fund in any other pooled or common fund available for investment, including shares or interests in regulated investment companies, mutual funds, common trust funds, investment partnerships, real estate investment trusts, or similar organizations in which funds are commingled and investment determinations are made by persons other than the governing board.

(6)  DELEGATION OF INVESTMENT MANAGEMENT.--

(a)  Except as otherwise provided by applicable law relating to governmental institutions or funds, a governing board may delegate investment and management functions that a prudent governing body could properly delegate under the circumstances. A governing board shall exercise reasonable care, skill, and caution in:

1.  Selecting an agent;

2.  Establishing the scope and terms of the delegation, consistent with the purposes of the institutional fund; and

3.  Periodically reviewing the agent's actions to monitor the agent's performance and the agent's compliance with the terms of the delegation.

(b)  In performing a delegated function, an agent owes a duty to the governing board to exercise reasonable care to comply with the terms of the delegation.

(c)  The members of a governing board who comply with the requirements of paragraph (a) are not liable for the decisions or actions of the agent to whom the function was delegated.

(d)  By accepting the delegation of an investment or management function from a governing board of an institution that is subject to the laws of this state, an agent submits to the jurisdiction of the courts of this state in all actions arising from the delegation.

(7)  INVESTMENT COSTS.--In investing and managing trust assets, a governing board may only incur costs that are appropriate and reasonable in relation to the assets and the purposes of the institution.

(8)  RELEASE OF RESTRICTIONS ON USE OR INVESTMENT.--

(a)  With the written consent of the donor, a governing board may release, in whole or in part, a restriction imposed by the applicable instrument on the use or investment of an institutional fund.

(b)  If written consent of the donor cannot be obtained by reason of the donor's death, disability, unavailability, or impossibility of identification, a governing board may release, in whole or in part, a restriction imposed by the applicable instrument on the use or investment of an institutional fund if the fund has a total value of less than $100,000 and if the governing board, in its fiduciary judgment, concludes that the value of the fund is insufficient to justify the cost of administration as a separate institutional fund.

(c)  If written consent of the donor cannot be obtained by reason of the donor's death, disability, unavailability, or impossibility of identification, a governing board may apply in the name of the institution to the circuit court of the county in which the institution is located for release of a restriction imposed by the applicable instrument on the use or investment of an institutional fund. The Attorney General shall be notified of the application and shall be given an opportunity to be heard. If the court finds that the restriction is unlawful, impracticable, impossible to achieve, or wasteful, it may by order release the restriction in whole or in part. A release under this subsection may not change an endowment fund to a fund that is not an endowment fund.

(d)  A release under this subsection may not allow a fund to be used for purposes other than the educational purposes of the institution affected.

(e)  This subsection does not limit the application of the doctrine of cy pres.

(9)  UNIFORMITY OF APPLICATION AND CONSTRUCTION.--This act shall be applied and construed so as to effectuate its general purpose to make uniform the law with respect to the subject of this act among those states which enact it.

History.--s. 13, ch. 2003-399; s. 79, ch. 2004-41.

1010.11  Electronic transfer of funds.--Pursuant to the provisions of s. 215.85, each district school board, community college board of trustees, and university board of trustees shall adopt written policies prescribing the accounting and control procedures under which any funds under their control are allowed to be moved by electronic transaction for any purpose including direct deposit, wire transfer, withdrawal, or investment. Electronic transactions shall comply with the provisions of chapter 668.

History.--s. 535, ch. 2002-387.

1010.20  Cost accounting and reporting for school districts.

1010.21  Indirect costs.

1010.215  Educational funding accountability.

1010.22  Cost accounting and reporting for workforce education.

1010.23  Cost accounting and reporting for community colleges.

1010.24  Cost accounting and reporting for universities.

1010.20  Cost accounting and reporting for school districts.--

(1)  COST ACCOUNTING.--Each school district shall account for expenditures of all state, local, and federal funds on a school-by-school and a district-aggregate basis in accordance with the manual developed by the Department of Education or as provided by law.

(2)  COST REPORTING.--

(a)  Each district shall report on a district-aggregate basis expenditures for inservice training pursuant to s. 1011.62(3) and for categorical programs as provided in s. 1011.62(5).

(b)  Each district shall report on a school-by-school and on an aggregate district basis expenditures for each program funded in s. 1011.62(1)(c).

(c)  The Commissioner of Education shall present to the Legislature, prior to the opening of the regular session each year, a district-by-district report of the expenditures reported pursuant to paragraphs (a) and (b). The report shall include total expenditures, a detailed analysis showing expenditures for each program, and such other data as may be useful for management of the education system. The Commissioner of Education shall also compute cost factors relative to the base student allocation for each funded program in s. 1011.62(1)(c).

(3)  PROGRAM EXPENDITURE REQUIREMENTS.--

(a)  Each district shall expend at least the percent of the funds generated by each of the programs listed in this section on the aggregate total school costs for such programs:

1.  Kindergarten and grades 1, 2, and 3, 90 percent.

2.  Grades 4, 5, 6, 7, and 8, 80 percent.

3.  Grades 9, 10, 11, and 12, 80 percent.

4.  Programs for exceptional students, on an aggregate program basis, 90 percent.

5.  Grades 7 through 12 career education programs, on an aggregate program basis, 80 percent.

6.  Students-at-risk programs, on an aggregate program basis, 80 percent.

7.  Juvenile justice programs, on an aggregate program basis, 90 percent.

8.  Any new program established and funded under s. 1011.62(1)(c), that is not included under subparagraphs 1.-7., on an aggregate basis as appropriate, 80 percent.

(b)  Funds for inservice training established in s. 1011.62(3) and for categorical programs established in s. 1011.62(5) shall be expended for the costs of the identified programs as provided by law and in accordance with the rules of the State Board of Education.

History.--s. 537, ch. 2002-387; s. 5, ch. 2004-333; s. 127, ch. 2004-357.

1010.21  Indirect costs.--District school boards shall assess district indirect costs only for services received by the program or institution against which such cost is assessed. When assigning each specific indirect cost to multiple programs or institutions, district school boards shall identify one basis for the assessment of such cost and shall maintain the same basis for assigning such cost to each program or institution.

History.--s. 538, ch. 2002-387.

1010.215  Educational funding accountability.--

(1)  As used in this section, the term:

(a)  "Administrative personnel" means those employees responsible for management functions such as the development of broad policies and implementation of those policies through the direction of personnel.

(b)  "Educational support personnel" means district-based and school-based employees, including professional staff, technicians, secretaries, clerks, skilled workers, transportation employees, food service employees, and custodial and maintenance workers.

(c)  "Instructional personnel" means classroom teachers, including substitute teachers.

(d)  "Instructional specialists" means staff members responsible for providing student personnel services, librarians, and media specialists.

(e)  "Instructional support personnel" means aides or assistants to instructional personnel or instructional specialists.

(f)  "Managers" means instructional and noninstructional employees with some managerial and supervisory functions, although primarily responsible for general operations. This category includes only district-based employees.

(2)  Each district school board must classify each employee of the district school board into one of the following categories:

(a)  Instructional personnel;

(b)  Instructional specialists;

(c)  Instructional support personnel;

(d)  Administrative personnel;

(e)  Managers; or

(f)  Educational support personnel.

The district school board shall notify each employee of such classification.

(3)(a)  The school public accountability report to parents must include the number of employees in each of the categories listed in subsection (2), by work location. However, this does not include the number of temporary substitute employees.

(b)  Any teacher-to-student ratio or class size measure required by law or State Board of Education rule must be computed by dividing the number of students in membership at the school by the number of full-time equivalent instructional personnel pursuant to paragraph (2)(a). Class size reports for exceptional student education shall be computed by dividing the number of exceptional students in membership by the number of full-time equivalent exceptional education classroom teachers who are classified as instructional personnel pursuant to paragraph (2)(a).

(4)(a)  All expenditures within the general and special revenue funds for each district school board, including salaries, benefits, purchased services, energy services, materials and supplies, capital outlay, and miscellaneous expenditures, for the following purposes are classified as administrative expenditures:

1.  District school board.

2.  General administration.

3.  School administration, excluding support expenditures.

4.  Facilities acquisition and construction at the district level.

5.  Fiscal services.

6.  Central services at the district level.

(b)  All expenditures within the general and special revenue funds for each district school board, including salaries, benefits, purchased services, energy services, materials and supplies, capital outlay, and miscellaneous expenditures, for the following purposes are classified as instructional expenditures:

1.  Instruction.

2.  Instructional support services, including student personnel services, instructional media services, instruction and curriculum development, and instructional staff training services.

3.  School administration, including support expenditures.

4.  Facilities acquisition and construction at the school level.

5.  Food services.

6.  Central services at the school level.

7.  Student transportation services.

8.  Operation of plant.

9.  Maintenance of plant.

Definitions for the functions specified in this subsection are specified in State Board of Education rules.

(5)  The annual school public accountability report required by ss. 1001.42(16) and 1008.345 must include a school financial report. The purpose of the school financial report is to better inform parents and the public concerning how funds were spent to operate the school during the prior fiscal year. Each school's financial report must follow a uniform, districtwide format that is easy to read and understand.

(a)  Total revenue must be reported at the school, district, and state levels. The revenue sources that must be addressed are state and local funds, other than lottery funds; lottery funds; federal funds; and private donations.

(b)  Expenditures must be reported as the total expenditures per unweighted full-time equivalent student at the school level and the average expenditures per full-time equivalent student at the district and state levels in each of the following categories and subcategories:

1.  Teachers, excluding substitute teachers, and education paraprofessionals who provide direct classroom instruction to students enrolled in programs classified by s. 1011.62 as:

a.  Basic programs;

b.  Students-at-risk programs;

c.  Special programs for exceptional students;

d.  Career education programs; and

e.  Adult programs.

2.  Substitute teachers.

3.  Other instructional personnel, including school-based instructional specialists and their assistants.

4.  Contracted instructional services, including training for instructional staff and other contracted instructional services.

5.  School administration, including school-based administrative personnel and school-based education support personnel.

6.  The following materials, supplies, and operating capital outlay:

a.  Textbooks;

b.  Computer hardware and software;

c.  Other instructional materials;

d.  Other materials and supplies; and

e.  Library media materials.

7.  Food services.

8.  Other support services.

9.  Operation and maintenance of the school plant.

(c)  The school financial report must also identify the types of district-level expenditures that support the school's operations. The total amount of these district-level expenditures must be reported and expressed as total expenditures per full-time equivalent student.

(6)  Based on the classifications in this section, each district school board shall annually submit a report by January 1, which identifies and summarizes administrative expenditures and instructional expenditures by fund for the preceding fiscal year. The report shall also state the number of unweighted full-time equivalent students enrolled in the school district. The total amount of administrative expenditures shall be divided by the number of unweighted full-time equivalent students to determine the administrative expenditures per student. This calculation is to be made separately for the general and the special revenue funds. In addition, the report shall reflect the number of employees in each category outlined in subsection (2) and the percentage of employees in each category, excluding the number of temporary substitute employees. This report shall be submitted to the commissioner and shall be made available to the public. The school public accountability report shall contain notification of the availability of this report.

History.--s. 539, ch. 2002-387; s. 63, ch. 2004-41.

1010.22  Cost accounting and reporting for workforce education.--

(1)  Each school district and each community college shall account for expenditures of all state, local, federal, and other funds in the manner prescribed by the State Board of Education.

(2)  Each school district and each community college shall report expenditures for workforce education in accordance with requirements prescribed by the State Board of Education.

(3)  The Department of Education, in cooperation with school districts and community colleges, shall develop and maintain a database of valid comparable information on workforce education which will meet both state and local needs.

History.--s. 540, ch. 2002-387.

1010.23  Cost accounting and reporting for community colleges.--Community colleges shall provide an annual report on the cost of operations as provided in s. 1011.84.

History.--s. 541, ch. 2002-387.

1010.24  Cost accounting and reporting for universities.--Universities shall provide an annual expenditure analysis report as provided in s. 1011.90.

History.--s. 542, ch. 2002-387.

1010.30  Audits required.

1010.305  Audit of student enrollment.

1010.33  Financial and performance audits.

1010.34  Audits of direct-support organizations.

1010.30  Audits required.--School districts, community colleges, universities, and other institutions and agencies under the supervision of the State Board of Education are subject to the audit provisions under ss. 11.45 and 218.39.

History.--s. 544, ch. 2002-387.

1010.305  Audit of student enrollment.--

(1)  The Auditor General shall periodically examine the records of school districts, and other agencies as appropriate, to determine compliance with law and State Board of Education rules relating to the classification, assignment, and verification of full-time equivalent student enrollment and student transportation reported under the Florida Education Finance Program.

(2)  If it is determined that the approved criteria and procedures for the placement of students and the conduct of programs have not been followed by the district, appropriate adjustments in the full-time equivalent student count for that district must be made, and any excess funds must be deducted from subsequent allocations of state funds to that district. As provided for by rule, if errors in a specific program of a district recur in consecutive years due to lack of corrective action by the district, adjustments may be made based upon statistical estimates of error projected to the overall district program.

History.--s. 545, ch. 2002-387.

1010.33  Financial and performance audits.--Each district school board and community college board of trustees, and university board of trustees is authorized to have an audit of their accounts and records by an independent certified public accountant retained by them and paid from their public funds. These audits are in addition to those required by ss. 11.45 and 218.39.

History.--s. 546, ch. 2002-387.

1010.34  Audits of direct-support organizations.--Audits of school district, community college, and state university direct-support organizations are subject to the audit provisions of ss. 1001.453(4), 1004.28(5), and 1004.70(6), as applicable.

History.--s. 547, ch. 2002-387.

1010.40  Proposals for issuing bonds.

1010.41  Procedure of district school boards with reference to proposals for issuing bonds.

1010.42  Publication of resolution.

1010.43  Notice of election; qualifications of electors.

1010.44  Conduct of election; form of ballot; appointment of inspectors; canvassing returns.

1010.45  Result of election held.

1010.46  If election adverse, no second election within 6 months.

1010.47  Receiving bids and sale of bonds.

1010.48  Bidders to give security.

1010.49  Form and denomination of bonds.

1010.50  Investment of fiduciary funds in bonds; security for deposit of public funds.

1010.51  Records to be kept and reports to be made.

1010.52  Bonds may be validated; validity of bonds.

1010.53  Proceeds; how expended.

1010.54  Disposition of surplus of bond issue.

1010.55  Additional bond issues.

1010.56  Board of Administration to act as fiscal agent in issuance and sale of motor vehicle anticipation certificates.

1010.57  Bonds payable from motor vehicle license tax funds; instruction units computed.

1010.58  Procedure for determining number of instruction units for community colleges.

1010.59  Interest rates.

1010.60  State Board of Education; issuance of bonds pursuant to s. 11(f), Art. VII, State Constitution.

1010.61  Powers.

1010.611  Resolution for issuance of revenue certificates.

1010.612  Powers to secure revenue certificates.

1010.613  Remedies of any holder of revenue certificates.

1010.614  Validity of revenue certificates.

1010.615  Prohibitions against obligating state.

1010.616  Revenue certificate obligations of State Board of Education.

1010.617  Tax exemption and eligibility as legal investments.

1010.618  Supplemental nature of part; construction and purpose.

1010.619  Board of Administration to act as fiscal agent.

1010.40  Proposals for issuing bonds.--Whenever the residents of a school district in this state shall desire the issuance of bonds by such school district for the purpose of acquiring, building, enlarging, furnishing, or otherwise improving buildings or school grounds, or for any other exclusive use of the public schools within such school district, they shall present to the district school board a petition signed by not less than 25 percent of the duly qualified electors residing within the school district, setting forth in general terms the amount of the bonds desired to be issued, the purpose thereof, and that the proceeds derived from the sale of such bonds shall be used for the purposes set forth in the petition. The requirement for such petition may be dispensed with and the proposition of issuing bonds for the purposes as herein outlined may be initiated by the district school board of the said district; however, nothing contained in this section shall repeal any of the provisions of ss. 100.201-100.221, 100.241, 100.261-100.341, and 100.351.

History.--s. 549, ch. 2002-387.

1010.41  Procedure of district school boards with reference to proposals for issuing bonds.--It shall be the duty of the district school board to plan the school financial program of the district so that, insofar as practicable, needed capital outlay expenditures can be made without the necessity of issuing bonds. Whenever the district school board proposes an issue of bonds or has received any petition proposing the issuance of bonds, as provided in s. 1010.40, the said board shall forthwith proceed as follows:

(1)  The district school board, after considering recommendations submitted by the district school superintendent, shall determine whether in its opinion the projects for which bonds are proposed to be issued are essential for the school program of the district.

(2)  If the proposed projects are deemed essential by the district school board or if the proposed projects are rejected in whole or in part, the district school board shall, if practicable, prepare a plan for carrying out the projects, or at least part of the projects, with current funds which have been or can be set aside for that purpose.

(3)  If the district school board determines that any portion of the projects cannot be carried out so that all costs can be met from the proceeds of a special district millage voted for that purpose or from district current funds that are not needed for salaries of teachers or other necessary expenses of operating the schools or from such funds that can reasonably be expected to be available by the time the projects are completed, or cannot be completed on the basis of a loan against district current funds, approved in accordance with s. 1011.14, the district school board shall then determine the amount of bonds necessary to be issued to complete the projects as proposed for the district and shall adopt and transmit to the Department of Education a resolution setting forth the proposals with reference to the projects and the proposed plan for financing the projects, said resolution to be in such form and contain such information as may be prescribed by the State Board of Education. If the Department of Education shall determine that the issuance of bonds as proposed is unnecessary or is unnecessary in the amount and according to the plan proposed, and shall notify the district school board accordingly, the district school board shall then amend its resolution to conform to the recommendation of the Department of Education, and no further action shall be taken for a period of at least 1 year on the proposal for a bond issue unless, within 30 days thereafter, a petition signed by at least 35 percent of the qualified electors within the district is received by the school board requesting that an election be called to vote bonds for the purposes set forth and in an amount which shall not exceed the amount of bonds proposed by the district school board. If such a petition is received by the district school board, as provided herein, or if the resolution proposing a bond issue has been approved by the Department of Education, the school board shall then proceed at its next ensuing meeting to adopt a resolution authorizing that an election be held for the purpose of determining whether bonds shall be issued as proposed.

History.--s. 550, ch. 2002-387.

1010.42  Publication of resolution.--It shall be the duty of the district school board, when the resolution proposing a bond issue has been approved by the Department of Education or when such a proposal has been rejected by the Department of Education and a new petition signed by 35 percent of the qualified electors of the district has been presented, and when the resolution authorizing an election has been adopted as set forth above, to cause such resolution to be published at least once each week for 2 consecutive weeks in some newspaper published in the district. This resolution may also include a notice of election as prescribed in s. 1010.43.

History.--s. 551, ch. 2002-387.

1010.43  Notice of election; qualifications of electors.--The district school board shall also, at the meeting at which is passed the resolution provided for in s. 1010.41, order that an election shall be held in the school district to determine whether or not there shall be issued by the district the bonds provided for in such resolution, in which election only the duly qualified electors thereof shall vote; and prior to the time of holding such election, the district school board shall cause to be published at least once each week for 2 consecutive weeks in a newspaper published in the district a notice of the holding of such election, which shall specify the time and place or places of the holding thereof. The resolution prescribed in s. 1010.41 may be incorporated in and published as a part of the notice prescribed in this section.

History.--s. 552, ch. 2002-387.

1010.44  Conduct of election; form of ballot; appointment of inspectors; canvassing returns.--The election, provided for in s. 1010.43, shall be held at the place or several places in the district where the last general election was held throughout the district, unless the district school board orders otherwise; and the district school board shall appoint inspectors for the election and cause to be prepared and furnished to the inspectors the ballots to be used at the election; the form of ballots for such election shall be: "For bonds" or "Against bonds." The inspectors shall make returns to the district school board immediately after the election, and the school board shall hold a special meeting as soon thereafter as practicable for the purpose of canvassing the election returns and shall determine and certify its result.

History.--s. 553, ch. 2002-387.

1010.45  Result of election held.--If it appears by the result of the election that a majority of the votes cast shall be "For bonds," the district school board shall issue the bonds authorized by the election for the purposes specified in the resolution as published, not to exceed the amount named therein. If the majority of the votes cast shall have been "Against bonds," no bonds shall be issued.

History.--s. 554, ch. 2002-387.

1010.46  If election adverse, no second election within 6 months.--If the result of the election is adverse to the issuance of the bonds, no election shall be held for such purpose within 6 months thereafter. In the event such election shall result or shall have resulted in an equal number of votes being cast for the issuance of the bonds as shall be cast adverse to issuance of bonds, the district school board may call and order another or second election within the district to have determined the question of whether the bonds specified in the original petition and resolution shall be issued by the district, after giving notice as provided for by s. 1010.43, and it shall not be necessary to have presented to the district school board further petitions to order the second election.

History.--s. 555, ch. 2002-387.

1010.47  Receiving bids and sale of bonds.--

(1)  If the issuance of bonds is authorized at the election, or if any bonds outstanding against the district are being refunded, the district school board shall sell the bonds in the manner provided in s. 218.385.

(2)  In the marketing of the bonds, the district school board shall be entitled to have such assistance as can be rendered by the Division of Bond Finance, the Commissioner of Education, or any other public state officer or agency. In determining the highest and best bidder for bonds offered for sale, the net interest cost to the school board as shown in standard bond tables shall govern, provided that the determination of the district school board as to the highest and best bidder shall be final.

History.--s. 556, ch. 2002-387; s. 45, ch. 2004-305.

1010.48  Bidders to give security.--The district school board may require of all bidders for the bonds that they give security by bond or by a deposit to the district school board that the bidder shall comply with the terms of the bid, and any bidder whose bid is accepted shall be liable to the district school board for all damages on account of the nonperformance of the terms of such bid or to a forfeiture of the deposit required by the district school board.

History.--s. 557, ch. 2002-387.

1010.49  Form and denomination of bonds.--The district school board may prescribe the denomination of the bonds to be issued, and such bonds may be issued with or without interest coupons in the discretion of the board. The form of the bonds to be issued may be prescribed by the State Board of Education on the recommendation of the Department of Legal Affairs. The schedule of maturities of the proposed bonds shall be so arranged that the total payments required each year shall be as nearly equal as practicable. The schedule shall provide that all bonds are to be retired within a period of 20 years from the date of issuance unless a longer period is required and has been specifically approved by the Department of Education. All bonds issued under this section that bear interest in excess of 2.99 percent shall be callable on terms prescribed by the district school board beginning not later than 10 years from the date of issuance.

History.--s. 558, ch. 2002-387.

1010.50  Investment of fiduciary funds in bonds; security for deposit of public funds.--School district bonds authorized and issued under the provisions of this chapter shall be lawful investments for fiduciary and trust funds, including all funds in the control of trustees, assignees, administrators, and executors, and may be accepted as security for all deposits of public funds.

History.--s. 559, ch. 2002-387.

1010.51  Records to be kept and reports to be made.--The district school board shall maintain a complete record of all bonds issued under the provisions of this chapter, which record shall show upon what authority the bonds are issued, the amount for which issued, the persons to whom issued, the date of issuance, the purpose or purposes for which issued, the rate of interest to be paid, and the time and place of payment of each installment of principal and interest. This record shall be so arranged as to show the amount of principal and interest to be paid each year and shall also show the annual or semiannual payments which are made and the bonds which are canceled. In addition, the district school superintendent shall file with the Department of Education in accordance with rules of the State Board of Education reports giving such information as may be required regarding any bonds which may be issued as provided herein.

History.--s. 560, ch. 2002-387.

1010.52  Bonds may be validated; validity of bonds.--When an issue of bonds for any school district shall be authorized in the manner provided under the terms of this chapter, such bonds shall, in the discretion of the district school board, be subject to validation in the manner provided for in chapter 75. In lieu of validation as set forth in that chapter, the district school board may, in its discretion, submit to the Department of Legal Affairs all information relating to the issuance of bonds as provided in said chapter 75, and an approving opinion of the Department of Legal Affairs shall be sufficient evidence that the bonds are valid. Bonds reciting that they are issued pursuant to the terms of this chapter shall, in any action or proceeding involving their validity, be conclusively deemed to be fully authorized thereby, to have been issued, sold, executed, and delivered in conformity therewith, and with all other provisions of law applicable thereto, and shall be incontestable, anything herein or in other statutes to the contrary notwithstanding, unless such action or proceeding is begun before or within 30 days after the date upon which the bonds are sold, paid for, and delivered.

History.--s. 561, ch. 2002-387.

1010.53  Proceeds; how expended.--The proceeds derived from the sale of the bonds shall be held by the district school board and shall be expended by the board for the purpose for which the bonds were authorized for the school district, and shall be held and expended in the manner following:

(1)  The district school board shall deposit, or cause to be deposited, the proceeds arising from the sale of each issue of bonds in a separate bond construction fund account in the school depository.

(2)  All or any part of the fund derived from the proceeds of any such bond issue that in the judgment of the district school board is not immediately needed may be placed in the following securities maturing not later than the time when the funds are reasonably expected to be needed:

(a)  In investments listed in s. 218.415(16).

(b)  In any bonds issued by the district; provided, such bonds are not in default and can be obtained at a price which will result in a net saving to the taxpayers of the district.

(c)  In any obligations of the district school board approved in accordance with the provisions of ss. 1011.13, 1011.14, and 1011.15.

(d)  In any bonds issued by the State Board of Education or another school district.

History.--s. 562, ch. 2002-387.

1010.54  Disposition of surplus of bond issue.--Should there remain any of the proceeds of the sale of school district bonds after the purpose and object for which the bonds were issued shall have been carried out and performed by the district school board, the surplus then shall be held by the district school board and expended for the exclusive use of the public schools within the school district as the district school board may deem reasonable and proper.

History.--s. 563, ch. 2002-387.

1010.55  Additional bond issues.--After the issuance by any school district of bonds in the manner authorized in this chapter, the qualified electors of the school district may thereafter, from time to time, in the manner herein provided for, authorize one or more additional bond issues as they may determine upon.

History.--s. 564, ch. 2002-387.

1010.56  Board of Administration to act as fiscal agent in issuance and sale of motor vehicle anticipation certificates.--

(1)  In aid of the provisions of s. 18, Art. XII of the State Constitution of 1885 as adopted by s. 9(d), Art. XII, 1968 revised constitution and the additional provisions of s. 9(d), the State Board of Administration may upon request of the State Board of Education, act as fiscal agent for the State Board of Education in the issuance and sale of any or all bonds or motor vehicle tax anticipation certificates, including any refunding of bonds, certificates or interest coupons thereon which may be issued pursuant to the above cited provisions of the State Constitution and upon request of the State Board of Education the State Board of Administration may take over the management, control, bond trusteeship, administration, custody and payment of any or all debt service or other funds or assets now or hereafter available for any bonds or certificates issued for the purpose of obtaining funds for the use of any district school board or to pay, fund or refund any bonds or certificates theretofore issued for such purpose. The State Board of Education may from time to time provide by its duly adopted resolution or resolutions the duties said fiscal agent shall perform as authorized by this section and such duties may be changed, modified or repealed by subsequent resolution or resolutions as the State Board of Education may deem appropriate, provided, however, that such changes shall only affect the duties of the State Board of Administration as fiscal agent and shall not affect or modify the paramount constitutional authority of the State Board of Education nor affect, modify, or impair the contract rights of persons holding or owning the obligations so authorized to be issued.

(2)  No such bonds or motor vehicle tax anticipation certificates shall ever be issued by the State Board of Administration until after the adoption of a resolution requesting the issuance thereof by the State Board of Education for and on behalf of the district for which the obligations are to be issued.

(3)  All such bonds or certificates issued pursuant to this part shall be issued in the name of the State Board of Education but shall be issued for and on behalf of the district school board requesting the issuance thereof and shall be issued pursuant to any rules adopted by the State Board of Education which are not in conflict with the provisions of s. 18, Art. XII of the State Constitution of 1885 as adopted by s. 9(d), Art. XII, 1968 revised constitution, and the additional provisions of s. 9(d).

(4)  The proceeds of any sale of original bonds or original certificates shall be deposited in the State Treasury to the credit of the particular construction account for which the original bonds or original certificates were issued and shall be under the direct control and supervision of the State Board of Education, and withdrawals from such construction accounts shall be made only upon warrants signed by the Chief Financial Officer. Such warrants shall be issued by the Chief Financial Officer only when the vouchers requesting such warrants are accompanied by the certificates of the State Board of Education to the effect that such withdrawals are proper expenditures for the cost of the particular construction account against which the requested warrants are to be drawn.

(5)  The State Board of Administration shall annually determine the amounts necessary to meet the debt service requirements of all bonds or certificates administered by it pursuant to this section and shall certify to the State Board of Education said amounts needed. The State Board of Education, upon being satisfied that the amounts are correct, shall pay the amounts directly to the State Board of Administration for application by the State Board of Administration as provided under the terms of the resolutions authorizing the issuance of the bonds or certificates and as provided in s. 18, Art. XII of the State Constitution of 1885 as adopted by s. 9(d), Art. XII, 1968 revised constitution, and the additional provisions of s. 9(d).

(6)  The expenses of the State Board of Administration incident to the issuance and sale of any bonds or certificates issued under the provisions of the constitution and under the provisions of this section shall be paid from the proceeds of the sale of the bonds or certificates or from the funds distributable to each county under the provisions of s. 18(a), Art. XII of the Constitution of 1885 as adopted by s. 9(d), Art. XII, 1968 revised constitution. All other expenses of the State Board of Administration for services rendered specifically for, or which are properly chargeable to the account of any bonds or certificates issued for and on behalf of any district school board under the above cited provisions of the State Constitution shall be paid from the funds distributable to each county under the provisions of s. 18(a), Art. XII of the State Constitution of 1885 as adopted by s. 9(d), Art. XII, 1968 revised constitution; but general expenses of the State Board of Administration for services rendered all the districts alike shall be prorated among them and paid from the funds distributable to each district on the same basis as such funds are distributable under the provisions of s. 18(a), Art. XII of the State Constitution of 1885 as adopted by s. 9(d), Art. XII, 1968 revised constitution.

(7)  The provisions of this section contemplate that it will aid the State Board of Education and better serve the purposes contemplated by s. 18, Art. XII of the State Constitution of 1885 as adopted by s. 9(d), Art. XII, 1968 revised constitution, and the additional provisions of s. 9(d) and not be inconsistent therewith.

History.--s. 565, ch. 2002-387; s. 1966, ch. 2003-261.

1010.57  Bonds payable from motor vehicle license tax funds; instruction units computed.--

(1)  For the purpose of administering the provisions of s. 9(d), Art. XII of the State Constitution as amended in 1972, the number of current instruction units in districts shall be computed annually by the Department of Education by multiplying the number of full-time equivalent students in programs under s. 1011.62(1)(c) in each district by the cost factors established in the General Appropriations Act and dividing by 23, except that all basic program cost factors shall be one, and the special program cost factors for hospital and homebound I and for community service shall be zero. Full-time equivalent membership for students residing in Department of Children and Family Services residential care facilities or identified as Department of Juvenile Justice students shall not be included in this computation. Any portion of the fund not expended during any fiscal year may be carried forward in ensuing budgets and shall be temporarily invested as prescribed by law or rules of the State Board of Education.

(2)  Whenever the State Board of Education issues bonds or certificates for and on behalf of any district school board, or whenever any district school board issues bonds or certificates repayable from motor vehicle license tax funds, the aggregate number of instruction units in the district in any future school fiscal year, as authorized under the amendment contained in s. 18, Art. XII of the State Constitution of 1885 as amended and adopted by reference in s. 9(d), Art. XII of the Constitution of 1968, to the full extent necessary to pay all principal of and interest on, and reserves for, bonds or certificates issued for and on behalf of the district or by the district school board in any school fiscal year, as they become due and payable, shall be not less than the aggregate number of instruction units in the district for the school fiscal year preceding the school fiscal year in which the bonds or certificates are issued, computed in accordance with the statutes in force in the school fiscal year preceding the school fiscal year in which the bonds or certificates are issued.

(3)  The provisions of this section are not intended to, and shall not, be applicable to, or confer any rights on, any district to payments from said motor vehicle license taxes except to the full extent necessary to pay all principal of and interest on, and reserves for, bonds or certificates so issued by the district school board and by the State Board of Education for and on behalf of the school districts, in each future school fiscal year as they mature and become due; and except for such purpose, all payments of the amounts of the motor vehicle license taxes distributable under the provisions of s. 18, Art. XII of the State Constitution of 1885 as amended and adopted by reference in s. 9(d), Art. XII of the Constitution of 1968 shall continue to be made and distributed to the districts in the manner provided by the amendment and the general laws of Florida in force and effect at the time of the distributions.

History.--s. 566, ch. 2002-387.

1010.58  Procedure for determining number of instruction units for community colleges.--The number of instruction units for community colleges shall be determined from the full-time equivalent students in the community college, provided that full-time equivalent students may not be counted more than once in determining instruction units. Instruction units for community colleges shall be computed as follows:

(1)  One unit for each 12 full-time equivalent students at a community college for the first 420 students and one unit for each 15 full-time equivalent students for all over 420 students, in other than career education programs as defined by rules of the State Board of Education, and one unit for each 10 full-time equivalent students in career education programs and compensatory education programs as defined by rules of the State Board of Education. Full-time equivalent students enrolled in a community college shall be defined by rules of the State Board of Education.

(2)  For each 8 instruction units in a community college, 1 instruction unit or proportionate fraction of a unit shall be allowed for administrative and special instructional services, and for each 20 instruction units, 1 instruction unit or proportionate fraction of a unit shall be allowed for student personnel services.

History.--s. 567, ch. 2002-387; s. 128, ch. 2004-357.

1010.59  Interest rates.--All bonds issued by the State Board of Education pursuant to the provisions of s. 9(a), Art. XII of the State Constitution, as amended, may bear interest at such rate or rates as may be determined by the State Board of Education. However, the maximum rate of interest shall not exceed the rates authorized under the provisions of s. 215.84.

History.--s. 568, ch. 2002-387.

1010.60  State Board of Education; issuance of bonds pursuant to s. 11(f), Art. VII, State Constitution.--

(1)  Pursuant to s. 11(f), Art. VII of the State Constitution, the State Board of Education, supported by the building fee, the capital improvement fee, or any other revenue approved by the Legislature for facilities construction, is authorized to request the issuance of bonds or other forms of indebtedness pursuant to the State Bond Act to finance or refinance capital projects authorized by the Legislature. In order to take advantage of economic conditions, the Division of Bond Finance shall process requests by the State Board of Education to refinance capital projects under this section on a priority basis.

(2)  The State Board of Education may approve the issuance of revenue bonds or other forms of indebtedness by a direct-support organization when such revenue bonds or other forms of indebtedness are used to finance or refinance capital projects which are to provide facilities necessary and desirable to serve the needs and purposes of the university, as determined by the systemwide strategic plan adopted by the State Board of Education, and when the project has been approved by the Legislature.

History.--s. 569, ch. 2002-387.

1010.61  Powers.--The State Board of Education shall have all the powers necessary or advisable to carry out and effectuate the purposes and provisions of s. 1010.60 and this part and is hereby authorized:

(1)  Pursuant to the State Bond Act, to borrow money and issue interest-bearing revenue certificates or other forms of indebtedness to acquire any projects approved by the Legislature and to provide for the payment of the same and for the rights of the holders thereof as herein provided.

(2)  To pledge any trust funds which are available, and not otherwise obligated, for purposes of securing the revenue certificates and to combine such funds as the board may deem appropriate.

(3)  To adopt such rules as may be necessary for carrying out the requirements of this part and to perform all acts and do all things necessary or convenient to carry out the powers granted herein.

History.--s. 570, ch. 2002-387.

1010.611  Resolution for issuance of revenue certificates.--The issuance of revenue certificates under the provisions of this part and the State Bond Act shall be requested by resolution of the State Board of Education. Said revenue certificates shall bear interest at such rate or rates not exceeding the interest rate limitations set forth in s. 215.84(3), provided that certificates may be sold at a reasonable discount to par not to exceed 3 percent, except that this limitation on discount does not apply to the portion of the discount that constitutes original issue discount. The revenue certificates may be issued in one or more series, may bear such date or dates, may be in such denomination or denominations, may mature at such time or times, not exceeding 30 years from their respective dates, may be in such form, either coupon or registered, may carry such registration privileges, may be executed in such manner, may be payable in such medium of payment and at such place or places, may be subject to such terms of redemption, with or without premium, may contain such terms, covenants, and conditions, and may be declared or become due before the maturity date thereof as such resolution or other resolutions may provide. The revenue certificate may be sold at public sale by competitive bid or negotiated sale. Pending the preparation of the definitive certificates, interim receipts or certificates in such form and with such provisions as the board may determine may be issued to the purchaser or purchasers of certificates sold pursuant to this part. The certificates and interim receipts shall be fully negotiable within the meaning and for all the purposes of the negotiable instruments law.

History.--s. 571, ch. 2002-387.

1010.612  Powers to secure revenue certificates.--The State Board of Education, in connection with the issuance of revenue certificates to acquire any projects for an institution or in order to secure the payment of such revenue certificates and interest thereon, shall have power by resolution:

(1)  To fix and maintain fees, rentals, and other charges from students and others using or being served by, or having the right to use, or having the right to be served by, such projects.

(2)  To provide that such revenue certificates shall be secured by a first, exclusive, and closed lien on the income and revenue (but not the real property of such institution) derived from, and shall be payable from, fees, rentals, and other charges from students and others using or being served by, or having the right to use, or having the right to be served by, such project.

(3)  To pledge and assign to, or in trust for the benefit of, the holder or holders of such revenue certificates an amount of the income and revenue derived from fees, rentals, and other charges from students and others using or being served by, or having the right to use, or having the right to be served by, such project.

(4)  To covenant with or for the benefit of the holder or holders of such revenue certificates that so long as any of such revenue certificates shall remain outstanding and unpaid, such institution will fix, maintain, and collect in such installments as may be agreed upon an amount of the fees, rentals, and other charges from students and others using or being served by, or having the right to use, or having the right to be served by, such project, which shall be sufficient to pay when due such revenue certificates and interest thereon, and to create and maintain reasonable reserves therefor, and to pay the cost of operation and maintenance of such project, which costs of operation and maintenance shall be determined by the board in its absolute discretion.

(5)  To make and enforce and agree to make and enforce parietal rules that shall ensure the use of such project by all students in attendance at such institutions to the maximum extent to which such project is capable of serving such students.

(6)  To covenant that so long as any of such revenue certificates shall remain outstanding and unpaid, it will not, except upon such terms and conditions as may be determined:

(a)  Voluntarily create or cause to be created any debt, lien, pledge, assignment, encumbrance or other charge having priority to the lien of such revenue certificates upon any of the income and revenues derived from fees, rentals, and other charges from students and others using or being served by, or having the right to use, or having the right to be served by, such project, or

(b)  Convey or otherwise alienate such project or the real estate upon which such project shall be located, except at a price sufficient to pay all such revenue certificates then outstanding and interest accrued thereon, and then only in accordance with any agreements with the holder or holders of such revenue certificates.

(7)  To covenant as to the procedure by which the terms of any contract with a holder or holders of such revenue certificates may be amended or abrogated, the amount of percentage of revenue certificates the holder or holders of which must consent thereto, and the manner in which such consent may be given.

(8)  To vest in a trustee or trustees the right to receive all or any part of the income and revenue pledged and assigned to, or for the benefit of, the holder or holders of such revenue certificates and to hold, apply, and dispose of the same and the right to enforce any covenant made to secure or pay or in relation to such revenue certificates; to execute and deliver a trust agreement or trust agreements which may set forth the powers and duties and the remedies available to such trustee or trustees and limiting the liabilities thereof and describing what occurrences shall constitute events of default and prescribing the terms and conditions upon which such trustee or trustees or the holder or holders of revenue certificates of any specified amount or percentage of such revenue certificate may exercise such rights and enforce any and all such covenants and resort to such remedies as may be appropriate.

(9)  To vest in a trustee or trustees or the holder or holders of any specified amount or percentage of revenue certificates the right to apply to any court of competent jurisdiction for and have granted the appointment of a receiver or receivers of the income and revenue pledged and assigned to or for the benefit of the holder or holders of such revenue certificates, which receiver or receivers may have and be granted such powers and duties as such court may order or decree for the protection of the revenue certificate holders.

(10)  To make covenants with the holders of any bonds and to perform any other duties and responsibilities which are deemed necessary or advisable to enhance the security of such bonds, and the marketability thereof, and which are customary in accordance with the market requirements for the sale of such bonds.

History.--s. 572, ch. 2002-387.

1010.613  Remedies of any holder of revenue certificates.--Any holder or holders of revenue certificates, including a trustee, or trustees for holders of such revenue certificates, shall have the right, in addition to all other rights, by mandamus or other suit, action, or proceeding in any court of competent jurisdiction to enforce his or her or their rights against the State Board of Education to fix and collect such rentals and other charges adequate to carry out any agreement as to or pledge of such fees, rentals, or other charges, and require the State Board of Education to carry out any other covenants and agreements and to perform its duties under this part.

History.--s. 573, ch. 2002-387.

1010.614  Validity of revenue certificates.--The revenue certificates bearing the signatures of officers in office on the date of the signing thereof shall be valid and binding obligations, notwithstanding that before the delivery thereof and payment therefor any or all of the persons whose signatures appear thereon shall have ceased to be officers of the State Board of Education. The validity of the revenue certificates shall not be dependent on nor affected by the validity or regularity of any proceedings to acquire the project financed by the revenue certificates or taken in connection therewith.

History.--s. 574, ch. 2002-387.

1010.615  Prohibitions against obligating state.--Nothing in this part shall be construed to authorize the State Board of Education to contract a debt on behalf of, or in any way to obligate, the state, or to pledge, assign, or encumber in any way, or to permit the pledging, assigning, or encumbering in any way of, appropriations made by the Legislature.

History.--s. 575, ch. 2002-387.

1010.616  Revenue certificate obligations of State Board of Education.--All revenue certificates issued pursuant to this part shall be obligations of the State Board of Education, payable only in accordance with the terms thereof and shall not be obligations general, special, or otherwise of the state. Such revenue certificates shall not be a bond or debt of the state, and shall not be enforceable against the state, nor shall payment thereof be enforceable out of any funds of the board other than the income and revenue pledged and assigned to, or in trust for the benefit of, the holder or holders of such revenue certificates.

History.--s. 576, ch. 2002-387.

1010.617  Tax exemption and eligibility as legal investments.--

(1)  The exercise of the powers granted by this part in all respects constitutes the performance of essential public functions for the benefit of the people of the state. All properties, revenues, or other assets of the State Board of Education for which revenue certificates are issued under this part, and all revenue certificates issued hereunder and the interest thereon, shall be exempt from all taxation by any agency or instrumentality of a county, municipality, or the state. The exemption granted by this section is not applicable to any tax imposed by chapter 220 on interest, income, or profits on debt obligations owned by corporations.

(2)  All obligations issued pursuant to this part shall be and constitute legal investments without limitation for all public bodies and for all banks, savings banks, guardians, insurance funds, trustees, or other fiduciaries and shall be and constitute eligible securities to be deposited as collateral for security of any state, county, municipal, or other public funds.

History.--s. 577, ch. 2002-387.

1010.618  Supplemental nature of part; construction and purpose.--The powers conferred by this part shall be in addition to and supplemental to, and the limitations imposed by this part shall not affect, the powers conferred by any other law, general or special, and revenue certificates may be issued hereunder without any referendum, notwithstanding the provisions of any other such law and without regard to the procedure required by any other such law. Insofar as the provisions of this part are inconsistent with the provisions of any other law, general or special, the provisions of this part shall be controlling.

History.--s. 578, ch. 2002-387.

1010.619  Board of Administration to act as fiscal agent.--Prior to the issuance of any revenue certificates, the State Board of Education may request the State Board of Administration to advise the State Board of Education as to the fiscal sufficiency of the proposed issue. Upon sale and delivery of any revenue certificates and disbursement of the proceeds thereof pursuant to this part, the State Board of Administration may upon request of the State Board of Education take over the management, control, administration, custody, and payment of any or all debt services or funds or assets now or hereafter available for any revenue certificates issued pursuant to this part. The State Board of Administration shall upon request of the State Board of Education invest all funds, including reserve funds, available for any revenue certificates issued pursuant to this part in the manner provided in s. 215.47. The State Board of Education may from time to time provide by its duly adopted resolution the duties the State Board of Administration shall perform, and such duties may be changed, modified, or repealed by subsequent resolution as the State Board of Education may deem appropriate.

History.--s. 579, ch. 2002-387.

1010.70  Educational Enhancement Trust Fund.

1010.71  State School Trust Fund.

1010.72  Dale Hickam Excellent Teaching Program Trust Fund.

1010.73  State Student Financial Assistance Trust Fund.

1010.731  Student Loan Guaranty Reserve Trust Fund.

1010.74  Educational Certification and Services Trust Fund.

1010.75  Teacher Certification Examination Trust Fund.

1010.76  Educational Aids Trust Fund.

1010.77  Food and Nutrition Services Trust Fund.

1010.78  Projects, Contracts, and Grants Trust Fund.

1010.79  Sophomore Level Test Trust Fund.

1010.80  Educational Media and Technology Trust Fund.

1010.81  Knott Data Center Working Capital Trust Fund.

1010.82  Textbook Bid Trust Fund.

1010.83  Institutional Assessment Trust Fund.

1010.84  Displaced Homemaker Trust Fund.

1010.85  Phosphate Research Trust Fund.

1010.86  Administration of capital improvement and building fees trust funds.

1010.87  Workers' Compensation Administration Trust Fund within the Department of Education.

1010.70  Educational Enhancement Trust Fund.--Each fiscal year, at least 39 percent of the gross revenue from the sale of lottery tickets, variable percentages of the gross revenue from the sale of instant lottery tickets as determined by the department, and other earned revenue, excluding application processing fees, shall be deposited in the Educational Enhancement Trust Fund as provided in s. 24.121.

History.--s. 581, ch. 2002-387; s. 2, ch. 2003-406.

1010.71  State School Trust Fund.--

(1)  The State School Trust Fund shall be derived from the following sources:

(a)  The proceeds of all lands that have been or may hereafter be granted to the state by the United States for public school purposes;

(b)  Donations to the state when the purpose is not specified;

(c)  Appropriations by the state;

(d)  The proceeds of escheated property or forfeitures; and

(e)  Twenty-five percent of the sales of public lands which are now or may hereafter be owned by the state.

(2)  The land comprising part of the State School Trust Fund shall not be subject to taxes of any kind whatsoever, but shall enjoy constitutional immunity therefrom, nor shall taxes of any kind be imposed thereon; nor, since not subject to tax, shall the state or any state agency be liable for taxes or the equivalent thereof sought to be imposed upon said land. All outstanding tax sale certificates against land of the State School Trust Fund are hereby canceled.

History.--s. 582, ch. 2002-387.

1010.72  Dale Hickam Excellent Teaching Program Trust Fund.--The Dale Hickam Excellent Teaching Program Trust Fund is created to be administered by the Department of Education. Funds must be credited to the trust fund as provided in chapter 98-309, Laws of Florida, to be used for the purposes set forth therein.

History.--s. 2, ch. 2002-158; s. 583, ch. 2002-387; s. 2, ch. 2002-403.

1010.73  State Student Financial Assistance Trust Fund.--

(1)  The State Student Financial Assistance Trust Fund is hereby created, to be administered by the Department of Education. Funds shall be credited to the trust fund as provided in the General Appropriations Act or similar legislation, to be used for the purposes set forth therein.

(2)  The department may transfer into this trust fund general revenue, private donations for the purpose of matching state funds, and federal receipts for scholarships and grant programs. An individual account code shall be established for each funded scholarship and grant program for accountability purposes.

(3)  Notwithstanding the provisions of s. 216.301, and pursuant to s. 216.351, any balance in the trust fund at the end of any fiscal year shall remain in the trust fund and shall be available for carrying out the purposes of the trust fund.

History.--s. 584, ch. 2002-387.

1010.731  Student Loan Guaranty Reserve Trust Fund.--Chapter 99-35, Laws of Florida, re-created the Student Loan Guaranty Reserve Trust Fund to be used by the Department of Education for the administration of the guaranteed student loan program as provided in s. 1009.92.

History.--s. 585, ch. 2002-387.

1010.74  Educational Certification and Services Trust Fund.--The proceeds from the collection of certification fees, fines, penalties, and costs levied pursuant to s. 1012.59 shall be remitted by the Department of Education to the Chief Financial Officer for deposit into and disbursed from the "Educational Certification and Services Trust Fund" as re-created by chapter 99-31, Laws of Florida.

History.--s. 586, ch. 2002-387; s. 1967, ch. 2003-261.

1010.75  Teacher Certification Examination Trust Fund.--The proceeds for the certification examination fee levied pursuant to s. 1012.59 shall be remitted by the Department of Education to the Chief Financial Officer for deposit into and disbursed from the "Teacher Certification Examination Trust Fund" as re-created by chapter 99-28, Laws of Florida.

History.--s. 587, ch. 2002-387; s. 1968, ch. 2003-261; s. 64, ch. 2004-41.

1010.76  Educational Aids Trust Fund.--Chapter 99-27, Laws of Florida, re-created the Educational Aids Trust Fund to administer receipts and disbursements for federal grants received by the Department of Education.

History.--s. 588, ch. 2002-387.

1010.77  Food and Nutrition Services Trust Fund.--Chapter 99-34, Laws of Florida, re-created the Food and Nutrition Services Trust Fund to record revenue and disbursements of Federal Food and Nutrition funds received by the Department of Education as authorized in s. 1006.06.

History.--s. 589, ch. 2002-387.

1010.78  Projects, Contracts, and Grants Trust Fund.--There is created in the Department of Education the Projects, Contracts, and Grants Trust Fund. The personnel employed to plan and administer grants or contracts for specific projects shall be considered in time-limited employment not to exceed the duration of the grant or until completion of the project, whichever first occurs. Such employees shall not acquire retention rights under the Career Service System. Any employee holding permanent career service status in a Department of Education position who is appointed to a position under the Projects, Contracts, and Grants Trust Fund shall retain such permanent status in the career service position.

History.--s. 590, ch. 2002-387; ss. 3, 79, ch. 2002-402; s. 17, ch. 2004-6.

1010.79  Sophomore Level Test Trust Fund.--Chapter 99-26, Laws of Florida, re-created the Sophomore Level Test Trust Fund to record revenue and disbursements of examination fees received by the Department of Education as authorized in s. 1008.29.

History.--s. 591, ch. 2002-387.

1010.80  Educational Media and Technology Trust Fund.--Chapter 99-25, Laws of Florida, re-created the Educational Media and Technology Trust Fund to record revenue and disbursements by the Department of Education for the cost of producing and disseminating educational materials and products as authorized in s. 1006.39.

History.--s. 592, ch. 2002-387.

1010.81  Knott Data Center Working Capital Trust Fund.--Chapter 99-29, Laws of Florida, re-created the Knott Data Center Working Capital Trust Fund to record the revenue from fees paid for services provided by the Department of Education's data center and disbursements to pay the costs of operating the data center as authorized in s. 216.272.

History.--s. 593, ch. 2002-387.

1010.82  Textbook Bid Trust Fund.--Chapter 99-36, Laws of Florida, re-created the Textbook Bid Trust Fund to record the revenue and disbursements of textbook bid performance deposits submitted to the Department of Education as required in s. 1006.32.

History.--s. 594, ch. 2002-387.

1010.83  Institutional Assessment Trust Fund.--

(1)  Chapter 99-32, Laws of Florida, re-created the Institutional Assessment Trust Fund to be administered by the Department of Education pursuant to this section and rules of the State Board of Education. The trust fund shall consist of all fees and fines imposed upon nonpublic colleges and schools pursuant to this chapter, including all fees collected from nonpublic colleges for participation in the common course designation and numbering system. The department shall maintain separate revenue accounts for independent colleges and universities; nonpublic career education; and the Department of Education.

(2)  Funds from the trust fund shall be used for purposes including, but not limited to, the following:

(a)  Authorized expenses of the respective boards in carrying out their required duties.

(b)  Financial assistance programs for students who attend nonpublic institutions licensed by the board.

(c)  Educational programs for the benefit of current and prospective owners, administrators, agents, authorized groups of individuals, and faculty of institutions receiving a license, a certificate of exemption, or an authorization by the board.

(d)  Authorized expenses of the Department of Education incurred as a result of the inclusion of nonpublic colleges in the statewide course numbering system.

(3)  The board may utilize other individuals or entities to administer the programs authorized in subsection (2).

History.--s. 595, ch. 2002-387.

1010.84  Displaced Homemaker Trust Fund.--Chapter 99-33, Laws of Florida, re-created the Displaced Homemaker Trust Fund to record revenue and disbursements from fees as authorized in s. 446.50.

History.--s. 596, ch. 2002-387.

1010.85  Phosphate Research Trust Fund.--Chapter 99-45, Laws of Florida, re-created the Phosphate Research Trust Fund to record the revenue and disbursements from tax on severance of phosphate rock as provided in s. 211.3103.

History.--s. 597, ch. 2002-387.

1010.86  Administration of capital improvement and building fees trust funds.--The State Board of Education shall administer the Capital Improvement Fee Trust Fund and the Building Fee Trust Fund which include receipts from capital improvement and building student fee assessments, interest earnings, and subsidy grants. All funds, except those to be used for debt service payments, reserve requirements, and educational research centers for child development, pursuant to s. 1011.48, shall be used to fund projects appropriated by the Legislature. Projects funded pursuant to this section may be expanded by the use of supplemental funds such as grants, auxiliary enterprises, private donations, and other nonstate sources.

History.--s. 598, ch. 2002-387.

1010.87  Workers' Compensation Administration Trust Fund within the Department of Education.--

(1)  The Workers' Compensation Administration Trust Fund is created within the Department of Education, to be administered by such department. The trust fund shall be used for the purpose of providing funds for the payment of all expenses in respect to the administration of programs for the rehabilitation and reemployment of injured workers, pursuant to legislative appropriation or an approved amendment to the department's operating budget pursuant to the provisions of chapter 216.

(2)  Notwithstanding the provisions of s. 216.301 and pursuant to s. 216.351, any balance in the trust fund at the end of any fiscal year shall remain in the trust fund at the end of the year and shall be available for carrying out the purposes of the trust fund.

¹(3)  Pursuant to the provisions of s. 19(f)(2), Art. III of the State Constitution, the trust fund shall, unless terminated sooner, be terminated on July 1, 2006. Prior to its scheduled termination, the trust fund shall be reviewed as provided in s. 215.3206.

History.--s. 1, ch. 2002-398; s. 2, ch. 2003-208.

¹Note.--Repealed effective November 4, 2004, by s. 2, ch. 2003-208.