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House Bill 1203

Florida House of Representatives - 1997 HB 1203 By Representative Ogles 1 A bill to be entitled 2 An act relating to the distribution of lottery 3 proceeds; amending s. 24.121, F.S.; amending 4 provisions relating to the distribution of the 5 proceeds that are transferred annually to the 6 Educational Enhancement Trust Fund; allowing 7 local school boards to determine how the local 8 portion of such funds is to be used; repealing 9 certain requirements for using such funds; 10 requiring public notice and a public hearing; 11 amending ss. 229.592, 230.23, F.S., to conform; 12 providing an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Section 24.121, Florida Statutes, 1996 17 Supplement, is amended to read: 18 24.121 Allocation of revenues and expenditure of funds 19 for public education.-- 20 (1) As nearly as practical, at least 50 percent of the 21 gross revenue from the sale of lottery tickets shall be 22 returned to the public in the form of prizes paid by the 23 department or retailers as authorized by this act. 24 (2) Each fiscal year, at least 38 percent of the gross 25 revenue from the sale of lottery tickets and other earned 26 revenue, excluding application processing fees, must shall be 27 deposited in the Educational Enhancement Trust Fund, which is 28 hereby created in the State Treasury to be administered by the 29 Department of Education. The Department of the Lottery shall 30 transfer moneys to the Educational Enhancement Trust Fund at 31 least once each quarter. Funds in the Educational Enhancement 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1203 520-171-97 1 Trust Fund must shall be used to the benefit of public 2 education in accordance with this section the provisions of 3 this act. 4 (3) The funds remaining in the Administrative Trust 5 Fund after transfers to the Educational Enhancement Trust Fund 6 must shall be used for the payment of administrative expenses 7 of the department. These expenses shall include all costs 8 incurred in the operation and administration of the lottery 9 and all costs resulting from any contracts entered into for 10 the purchase or lease of goods or services required by the 11 lottery, including, but not limited to: 12 (a) The compensation paid to retailers; 13 (b) The costs of supplies, materials, tickets, 14 independent audit services, independent studies, data 15 transmission, advertising, promotion, incentives, public 16 relations, communications, security, bonding for retailers, 17 printing, distribution of tickets, and reimbursing other 18 governmental entities for services provided to the lottery; 19 and 20 (c) The costs of any other goods and services 21 necessary for effectuating the purposes of this act. 22 (4) The unencumbered balance that which remains in the 23 Administrative Trust Fund at the end of each fiscal year must 24 shall be transferred to the Educational Enhancement Trust 25 Fund. 26 (5)(a)1. Moneys from the Educational Enhancement Trust 27 Fund must first be appropriated for the Florida Postsecondary 28 Tuition Program in an amount to be determined annually by the 29 Legislature. 30 2. The portion of the moneys from the trust fund which 31 is distributed to the public schools may be used by each 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1203 520-171-97 1 district school board for Public educational programs and 2 purposes funded by the Educational Enhancement Trust Fund may 3 include, but are not limited to, endowment, scholarship, 4 matching funds, direct grants, research and economic 5 development related to education, salary enhancement, 6 contracts with independent institutions to conduct programs 7 consistent with the state master plan for postsecondary 8 education, or any other public educational program or 9 enhancement purpose that the school board of that district 10 approves and sets out in a plan adopted locally after public 11 notice and a public hearing as required in paragraph (c) 12 deemed desirable by the Legislature. These purposes may 13 include, but are not limited to, enhancing school performance 14 through developing and implementing a school improvement plan 15 under s. 230.23(18). 16 (b) Except as provided in paragraphs (c) and (d), The 17 Legislature shall equitably apportion moneys in the trust fund 18 among public schools, community colleges, and universities. 19 (c) Annually, before a district school board may spend 20 or contract to spend any of the moneys received from the 21 Educational Enhancement Trust Fund, the school board must 22 advertise in a newspaper of general circulation in the school 23 district a notice of purpose which states the amount of such 24 funds which it has received for the current year, the specific 25 purposes for which the school board plans to use those funds, 26 the amount that it intends to use for each purpose, the date 27 of a public hearing at which public comments will be heard, 28 and the procedure that members of the public must follow in 29 order to speak at the hearing. The public hearing must be held 30 no fewer than 2 days and no more than 5 days after the 31 advertisement is first published. The advertisement must be 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1203 520-171-97 1 not less than one-quarter page in size of a standard size or a 2 tabloid size newspaper, and the headline in the advertisement 3 must be in a type no smaller than 18 point. The advertisement 4 may not be placed in that portion of the newspaper where legal 5 notices and classified advertisements appear. The 6 advertisement must be published in a newspaper of general paid 7 circulation in the county or in a geographically limited 8 insert of such a newspaper. The geographic boundaries in which 9 the insert is circulated must include the geographic 10 boundaries of the school district. It is the legislative 11 intent that, whenever possible, the advertisement appear in a 12 newspaper that is published at least 5 days a week unless the 13 only newspaper in the county is published less than 5 days a 14 week, or that the advertisement appear in a geographically 15 limited insert of such a newspaper which insert is published 16 throughout the school district at least twice each week. It is 17 further the legislative intent that the newspaper selected be 18 one of general interest and readership in the community and 19 not one of limited subject, pursuant to chapter 50. If a 20 school district needs to amend the list of purposes previously 21 advertised and adopted, an amended notice of purpose must be 22 published in conformity with the original notice of purpose, 23 and a public hearing to adopt the amended list of purposes 24 must be held not less than 2 days nor more than 5 days after 25 the day the amended notice of purpose is first published. The 26 purposes must be listed in the same order in which they 27 appeared in the original notice. If a purpose is deleted, the 28 advertisement must so indicate. A portion of such net 29 revenues, as determined annually by the Legislature, shall be 30 distributed to each school district and shall be made 31 available to each public school in the district for enhancing 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1203 520-171-97 1 school performance through development and implementation of a 2 school improvement plan pursuant to s. 230.23(18). 3 (d) Beginning July 1, 1993, no Funds may not shall be 4 released for any purpose from the Educational Enhancement 5 Trust Fund to any school district in which one or more schools 6 do not have an approved school improvement plan pursuant to s. 7 230.23(18). 8 (e) Each school district shall annually, on a 9 quarterly basis, make available to the public and distribute, 10 in an easy to understand format, a statement of how the 11 expenditures of lottery funds allocated to the school district 12 have been spent. 13 Section 2. Paragraph (c) of subsection (4) of section 14 229.592, Florida Statutes, 1996 Supplement, is amended to 15 read: 16 229.592 Implementation of state system of school 17 improvement and education accountability.-- 18 (4) DEPARTMENT.-- 19 (c) Pursuant to s. 24.121(5)(c) s. 24.121(5)(d), the 20 department may shall not release funds from the Educational 21 Enhancement Trust Fund to any district in which a school does 22 not have an approved school improvement plan, pursuant to s. 23 230.23(18), after 1 full school year of planning and 24 development. The department shall send a technical assistance 25 team to each school without an approved plan to develop such 26 school improvement plan. The department shall release the 27 funds upon approval of the plan. Notice must shall be given to 28 the public of the department's intervention and must shall 29 identify each school without a plan. 30 Section 3. Paragraph (f) of subsection (18) of section 31 230.23, Florida Statutes, 1996 Supplement, is amended to read: 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1203 520-171-97 1 230.23 Powers and duties of school board.--The school 2 board, acting as a board, shall exercise all powers and 3 perform all duties listed below: 4 (18) IMPLEMENT SCHOOL IMPROVEMENT AND 5 ACCOUNTABILITY.--Maintain a system of school improvement and 6 education accountability as provided by statute and State 7 Board of Education rule. This system of school improvement and 8 education accountability shall be consistent with, and 9 implemented through, the district's continuing system of 10 planning and budgeting required by this section and ss. 11 229.555 and 237.041. This system of school improvement and 12 education accountability shall include, but not be limited to, 13 the following: 14 (f) School improvement funds.--Provide funds to 15 schools for developing and implementing school improvement 16 plans. Such funds shall include those funds that are allocated 17 by the district board appropriated for the purpose of school 18 improvement pursuant to s. 24.121(5)(c). 19 Section 4. This act shall take effect July 1, 1997. 20 21 ***************************************** 22 SENATE SUMMARY 23 Amends provisions relating to the distribution of funds that are transferred annually to the Educational 24 Enhancement Trust Fund. Requires such funds first to go to the Florida Postsecondary Tuition Program. Allows 25 local school boards to determine how to use the portion of such funds which goes to public schools to enhance 26 public educational programs or purposes, by adopting a local plan after holding a public hearing. Repeals 27 provisions allowing the Legislature to determine which educational programs or purposes these funds will be used 28 to enhance. Repeals provisions requiring the funds to be used for school improvement plans. 29 30 31 6