House Bill 1853e1

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                                          HB 1853, First Engrossed



  1                      A bill to be entitled

  2         An act relating to school district best

  3         financial management practices reviews;

  4         amending s. 11.51, F.S.; requiring the Office

  5         of Program Policy Analysis and Government

  6         Accountability to conduct or contract for best

  7         financial management practices reviews of

  8         school districts; correcting a cross reference;

  9         amending s. 11.515, F.S.; revising references

10         to "performance reviews" to "best financial

11         management practices reviews"; clarifying and

12         conforming the authorization for contracting

13         for reviews; revising the scope of such

14         reviews; amending s.230.22, F.S.; authorizing

15         school boards to adopt specified rules pursuant

16         to the Administrative Procedures Act; amending

17         s. 230.23025, F.S.; providing the purpose of a

18         best financial management practices review;

19         authorizing OPPAGA to develop best practices

20         for review and adoption by the Commissioner of

21         Education; revising areas addressed by the

22         review; establishing a timeframe for school

23         district review; requiring districts to be

24         reviewed to be specified in the General

25         Appropriations Act; providing funding

26         requirements; revising reporting requirements;

27         revising provisions relating to the "Seal of

28         Best Financial Management"; amending s.

29         230.23026, F.S.; conforming terminology;

30         creating s. 230.23027, F.S.; establishing the

31         Small School District Stabilization Program;


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                                          HB 1853, First Engrossed



  1         providing for a best financial management

  2         practices review of certain small districts;

  3         amending s. 235.2197, F.S.; correcting cross

  4         references; repealing s. 230.2302, F.S.,

  5         relating to performance reviews; providing an

  6         effective date.

  7

  8  Be It Enacted by the Legislature of the State of Florida:

  9

10         Section 1.  Subsection (1) of section 11.51, Florida

11  Statutes, is amended to read:

12         11.51  Office of Program Policy Analysis and Government

13  Accountability.--

14         (1)  There is hereby created the Office of Program

15  Policy Analysis and Government Accountability as a unit of the

16  Office of the Auditor General appointed pursuant to s. 11.42.

17  Such office shall perform program evaluation and justification

18  reviews as required by s. 11.513 and performance audits as

19  defined in s. 11.45 and shall conduct or contract for best

20  financial management practices performance reviews of school

21  districts pursuant to ss. 11.515 and 230.23025 230.2302.

22         Section 2.  Section 11.515, Florida Statutes, is

23  amended to read:

24         11.515  School district best financial management

25  practices performance review.--

26         (1)  Any best financial management practices

27  performance review of a school district pursuant to this

28  section shall be conducted by a private firm selected by the

29  Office of Program Policy Analysis and Government

30  Accountability. The director of the Office of Program Policy

31  Analysis and Government Accountability may, at his or her


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                                          HB 1853, First Engrossed



  1  discretion, contract with a private consultant selected

  2  through a formal request for proposal process to perform part

  3  or all of the review of any district.

  4         (2)  In developing the scope of the review, the Office

  5  of Program Policy Analysis and Government Accountability shall

  6  seek input from the school district subject to a review.  The

  7  scope of the review shall include, but not be limited to:

  8         (a)  School district organization and Management

  9  structures.

10         (b)  Educational service delivery.

11         (c)  Community involvement.

12         (d)  Facilities use and management.

13         (e)  Personnel systems and benefits management.

14         (f)  Asset and risk management.

15         (g)  Financial management.

16         (h)  Purchasing.

17         (f)(i)  Student transportation.

18         (g)(j)  Food service operations.

19         (h)(k)  Safety and security.

20         (i)  Performance accountability.

21         (j)  Use of lottery proceeds.

22         (k)  Cost control systems.

23         (l)  Instructional and administrative technology.

24         Subsection (2) of section 230.22, Florida Statutes,

25  1998 Supplement, is amended to read: 230.22  General powers of

26  school board.--The school board, after considering

27  recommendations submitted by the superintendent, shall

28  exercise the following general powers:

29         (1)  Determine policies and programs deemed necessary

30  by it for the efficient operation and general improvement of

31  the district school system.


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                                          HB 1853, First Engrossed



  1         (2)  Adopt rules pursuant to ss. 120.536(1) and 120.54

  2  to implement the provisions of law conferring duties upon it

  3  to supplement those prescribed by the state board and the

  4  commissioner. School boards may adopt rules for governance and

  5  operations, general school administration, fiscal management,

  6  support services, facilities management, personnel,

  7  instructional programs, student management, parent relations,

  8  school-community relations, court orders, and federal

  9  mandates.

10         Section 3.  Section 230.23025, Florida Statutes, 1998

11  Supplement, as amended by chapters 97-384 and 98-225, Laws of

12  Florida, is amended to read:

13         230.23025  Best financial management practices;

14  standards; reviews; designation of districts.--

15         (1)  The purpose of a best financial management

16  practices review is to improve a school district's management

17  and use of resources, and to identify cost savings. The Office

18  of Program Policy Analysis and Government Accountability

19  (OPPAGA) and the Office of the Auditor General are directed to

20  develop a system for reviewing the financial management

21  practices of school districts. In this system, OPPAGA and the

22  Auditor General shall jointly examine district operations to

23  determine whether they meet "best financial management

24  practices." The best financial management practices adopted by

25  the Commissioner of Education may be updated periodically

26  after consultation with the Legislature, the Governor, the

27  SMART Schools Clearinghouse, OPPAGA, and the Auditor General.

28  In areas for which the commissioner has not adopted best

29  practices, OPPAGA may develop additional best practices, with

30  input from a broad range of stakeholders. OPPAGA shall present

31  any additional best practices or updates to existing best


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                                          HB 1853, First Engrossed



  1  practices to the commissioner for review and adoption. The

  2  best financial management practices adopted by the

  3  commissioner must be used in a school district review

  4  conducted according to this section. The best financial

  5  management practices, at a minimum, must instill public

  6  confidence by addressing the following areas:

  7         (a)  Efficient use of resources, use of lottery

  8  proceeds, student transportation and food service operations,

  9  management structures, and personnel systems and benefits,

10  educational service delivery, community involvement, safety

11  and security, facilities, and administrative and instructional

12  technology;

13         (b)  Compliance with generally accepted accounting

14  principles and state and federal laws relating to financial

15  management;

16         (c)  Performance accountability systems, including

17  performance measurement reports to the public, internal

18  auditing, financial auditing, and information made available

19  to support decisionmaking;

20         (d)  Cost control systems, including asset, risk, and

21  financial management, purchasing, and information system

22  controls.

23         (2)  It is the intent of the Legislature that each

24  school district shall be subject to a best financial

25  management practices review. OPPAGA shall develop a schedule

26  to review all school districts on a 10-year cycle unless

27  otherwise recommended by the director of OPPAGA and approved

28  by the Legislature in the General Appropriations Act. No later

29  than December 31 of each year, OPPAGA shall recommend to the

30  President of the Senate and the Speaker of the House of

31  Representatives those districts proposed to undergo review and


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                                          HB 1853, First Engrossed



  1  a maximum number of school districts to be reviewed during the

  2  next fiscal year. School districts may, by a unanimous vote of

  3  the membership of the school board, apply to OPPAGA for a

  4  complete best financial management practice review or a review

  5  of components of the best financial management practices,

  6  including management, personnel, transportation, and food and

  7  nutrition services. OPPAGA shall prioritize districts for

  8  review based on their growth rates and demonstrated need for

  9  review. The director of OPPAGA may, at his or her discretion,

10  contract with private consultants to perform part or all of

11  the review of any district.

12         (3)  The Legislature shall annually designate in the

13  General Appropriations Act those school districts that will

14  receive a best financial management practices review. The

15  Legislature may specifically designate that certain districts

16  receive fully funded reviews and that certain districts may

17  receive matching funds equal to 50 percent of the total cost

18  of the review as estimated by OPPAGA. Districts applying for a

19  complete review shall contribute 50 percent of the total cost

20  of the review costs, unless funding for the entire cost of the

21  review is specifically provided by the Legislature. Districts

22  applying for a review of a component shall contribute 75

23  percent of the review cost. All moneys contributed by any

24  school district under this section toward the cost of a

25  complete or component best financial management practices

26  review of the district shall be deposited into the Florida

27  School District Review Trust Fund administered by OPPAGA.

28         (4)(3)  District reviews conducted under this section

29  must be completed within 6 months after commencement. OPPAGA

30  shall issue a report to the district regarding its financial

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                                          HB 1853, First Engrossed



  1  management practices and cost savings recommendations within

  2  60 days after completing the reviews.

  3         (5)  If the district is found not to conform to best

  4  financial management practices, the report must contain an

  5  action a plan of action detailing how the district could meet

  6  the best practices within 2 years and be eligible for a "Seal

  7  of Best Financial Management." The school board must vote,

  8  within 90 days of receipt of the final report, to implement or

  9  not to implement the action plan. In order to be eligible to

10  receive the seal, the school board must vote by a majority

11  plus one to implement the action plan.

12         (4)  No later than 1 year after receipt of the report,

13  district school boards that agree by a majority plus one vote

14  to institute the action plan must shall submit an initial

15  annual report to the Legislature, the Governor, the SMART

16  Schools Clearinghouse, OPPAGA, the Auditor General, and the

17  Commissioner of Education on progress made towards

18  implementing the plan and whether changes have occurred in

19  other areas of operation which would affect compliance with

20  the best practices. Thereafter, the report will be submitted

21  annually.  Such districts shall be reviewed annually by

22  OPPAGA, in addition to the annual financial audit required

23  under s. 11.45, to determine whether they have attained

24  compliance with the best financial management practices in the

25  areas covered by the plan.

26         (6)  Districts that are found to comply with the best

27  financial management practices shall receive a "Seal of Best

28  Financial Management" from by the State Board of Education

29  certifying that the district is adhering to the state's best

30  financial management practices. This designation shall be

31  effective for a 5-year period, beginning upon the


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                                          HB 1853, First Engrossed



  1  certification date, after which the district school board may

  2  reapply for the designation to be granted after another best

  3  financial management practice review. During the designation

  4  period, the district school board shall annually notify, not

  5  later than the anniversary date of the certification, the

  6  SMART Schools Clearinghouse, OPPAGA, the Auditor General, and

  7  the State Board of Education of any changes in policies or

  8  operations or any other situations that would not conform to

  9  the state's best financial management practices. The State

10  Board of Education may revoke the designation of a district at

11  any time if it determines that a district is no longer

12  complying with the state's best financial management

13  practices.

14         (7)(5)  Any audit or performance review of one or more

15  of the designated components conducted or supervised by OPPAGA

16  or the Department of Management Services, and completed within

17  2 years before the district is scheduled in the General

18  Appropriations Act date of application to OPPAGA for a best

19  financial management practices review, may, at the OPPAGA

20  director's discretion, serve as all or part of the audit or

21  review required as the examination of district operations

22  necessary for a determination of whether a district meets the

23  "best financial management practices" designation. The cost

24  contribution requirements of subsection (2) do not apply to

25  any such audit or performance review.

26         Section 4.  Subsection (2) of section 230.23026,

27  Florida Statutes, 1998 Supplement, is amended to read:

28         230.23026  Florida School District Review Trust Fund.--

29         (2)  OPPAGA shall use the funds deposited in the trust

30  fund to pay costs of conducting best financial management

31  practices reviews, or reviews of components of the best


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                                          HB 1853, First Engrossed



  1  practices, in school districts under s. 230.23025. Funds may

  2  be expended to pay the expenses of reviews conducted by

  3  OPPAGA, by the Auditor General, or by private consultants at

  4  the discretion of the director of OPPAGA. The expenses may

  5  include professional services, travel expenses of OPPAGA and

  6  the Auditor General, and any other necessary expenses incurred

  7  as part of a complete or component best financial management

  8  practices review. OPPAGA may refund to a school district any

  9  portion of funds contributed by the school district that

10  OPPAGA determines are not needed to conduct the complete or

11  component best financial management practices review requested

12  by the district.

13         Section 5.  Section 230.23027, Florida Statutes, is

14  created to read:

15         230.23027  Small School District Stabilization

16  Program.--

17         (1)  There is created the Small School District

18  Stabilization Program to assist school districts in rural

19  communities that document economic conditions or other

20  significant community influences that negatively impact the

21  school district. The purpose of the program is to provide

22  technical assistance and financial support to maintain the

23  stability of the educational program in the school district. A

24  rural community means a county with a population of 75,000 or

25  less; or a county with a population of 100,000 or less that is

26  contiguous to a county with a population of 75,000 or less.

27         (2)  In order to participate in this program, a school

28  district must be located in a rural area of critical economic

29  concern designated by the Executive Office of the Governor,

30  and the school board must submit a resolution to the Office of

31  Tourism, Trade, and Economic Development requesting


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                                          HB 1853, First Engrossed



  1  participation in the program. A rural area of critical

  2  economic concern must be a rural community, or a region

  3  composed of such, that has been adversely affected by an

  4  extraordinary economic event or a natural disaster or that

  5  presents a unique economic development concern or opportunity

  6  of regional impact. The resolution must be accompanied with

  7  documentation of the economic conditions in the community,

  8  provide information indicating the negative impact of these

  9  conditions on the school district's financial stability, and

10  the school district must participate in a best financial

11  management practices review to determine potential

12  efficiencies that could be implemented to reduce program costs

13  in the district.

14         (3)  The Office of Tourism, Trade, and Economic

15  Development, in consultation with the Department of Education,

16  shall review the resolution and other information required by

17  subsection (2) and determine whether the school district is

18  eligible to participate in the program. Factors influencing

19  the office's determination may include, but are not limited

20  to, reductions in the county tax roll resulting from business

21  closures or other causes, or a reduction in student enrollment

22  due to business closures or impacts in the local economy.

23         (4)  Effective July 1, 2000, and thereafter, when the

24  Office of Tourism, Trade, and Economic Development authorizes

25  a school district to participate in the program, the

26  Legislature may give priority to that district for a best

27  financial management practices review in the school district,

28  as authorized in s. 11.515, to the extent that funding is

29  provided annually for such purpose in the General

30  Appropriations Act. The scope of the review shall be as set

31  forth in s. 11.515.


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                                          HB 1853, First Engrossed



  1         (5)  Effective July 1, 2000, and thereafter, the

  2  Department of Education may award the school district a

  3  stabilization grant intended to protect the district from

  4  continued financial reductions. The amount of the grant will

  5  be determined by the Department of Education and may be

  6  equivalent to the amount of the decline in revenues projected

  7  for the next fiscal year. In addition, the Office of Tourism,

  8  Trade, and Economic Development may implement a rural economic

  9  development initiative to identify the economic factors that

10  are negatively impacting the community and may consult with

11  Enterprise Florida, Inc., in developing a plan to assist the

12  county with its economic transition. The grant will be

13  available to the school district for a period of up to 5 years

14  to the extent that funding is provided for such purpose in the

15  General Appropriations Act.

16         (6)  Based on the availability of funds the Office of

17  Tourism, Trade, and Economic Development or the Department of

18  Education may enter into contracts or issue grants necessary

19  to implement the program.

20         Section 6.  Paragraphs (a) and (c) of subsection (2) of

21  section 235.2197, Florida Statutes, 1998 Supplement, are

22  amended to read:

23         235.2197  Florida Frugal Schools Program.--

24         (2)  The "Florida Frugal Schools Program" is created to

25  recognize publicly each district school board that agrees to

26  build frugal yet functional educational facilities and that

27  implements "best financial management practices" when

28  planning, constructing, and operating educational facilities.

29  The State Board of Education shall recognize a district school

30  board as having a Florida Frugal Schools Program if the

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                                          HB 1853, First Engrossed



  1  district requests recognition and satisfies two or more of the

  2  following criteria:

  3         (a)  The district receives a "Seal of Best Financial

  4  Management" as provided in s. 230.23025 s. 230.2302 or

  5  implements best financial management practices in the area of

  6  educational facilities as evidenced by a partial review under

  7  s. 230.23025 s. 230.2302.

  8         (c)  The district school board submits a plan to the

  9  Commissioner of Education certifying how the revenues

10  generated by the levy of the capital outlay sales surtax

11  authorized by s. 212.055(7) will be spent. The plan must

12  include at least the following assurances about the use of the

13  proceeds of the surtax and any accrued interest:

14         1.  The district school board will use the surtax and

15  accrued interest only for the fixed capital outlay purposes

16  identified by s. 212.055(7)(d) which will reduce school

17  overcrowding that has been validated by the Department of

18  Education, or for the repayment of bonded indebtedness related

19  to such capital outlay purposes.

20         2.  The district school board will not spend the surtax

21  or accrued interest to pay for operational expenses or for the

22  construction, renovation, or remodeling of any administrative

23  building or any other ancillary facility that is not directly

24  related to the instruction, feeding, or transportation of

25  students enrolled in the public schools.

26         3.  The district school board's use of the surtax and

27  accrued interest will be consistent with the best financial

28  management practices identified and approved under s.

29  230.23025 s. 230.2302.

30         4.  The district school board will apply the

31  educational facilities contracting and construction techniques


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                                          HB 1853, First Engrossed



  1  authorized by s. 235.211 or other construction management

  2  techniques to reduce the cost of educational facilities.

  3         5.  The district school board will discontinue the

  4  surtax levy when the district has provided the

  5  survey-recommended educational facilities that were determined

  6  to be necessary to relieve school overcrowding; when the

  7  district has satisfied any bonded indebtedness incurred for

  8  such educational facilities; or when the district's other

  9  sources of capital outlay funds are sufficient to provide such

10  educational facilities, whichever occurs first.

11         6.  The district school board will use any excess

12  surtax collections or accrued interest to reduce the

13  discretionary outlay millage levied under s. 236.25(2).

14         Section 7.  Section 230.2302, Florida Statutes, is

15  repealed.

16         Section 8.  This act shall take effect July 1, 1999.

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