House Bill 0469

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    Florida House of Representatives - 2000                 HB 469

        By the Committee on Education Innovation and
    Representative Melvin





  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. 230.23025, F.S.; providing

15         the purpose of a best financial management

16         practices review; clarifying the procedure for

17         revising best financial management practices

18         adopted by the commissioner; authorizing OPPAGA

19         to develop certain additional 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         conforming funding requirements; amending s.

31         235.2197, F.S.; correcting a cross reference;

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  1         repealing s. 230.2302, F.S., relating to

  2         performance reviews; providing an effective

  3         date.

  4

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

  6

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

  8  Statutes, is amended to read:

  9         11.51  Office of Program Policy Analysis and Government

10  Accountability.--

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

12  Policy Analysis and Government Accountability as a unit of the

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

14  Such office shall perform program evaluation and justification

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

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

17  financial management practices performance reviews of school

18  districts pursuant to ss. 11.515 and 230.23025 230.2302.

19         Section 2.  Section 11.515, Florida Statutes, is

20  amended to read:

21         11.515  School district best financial management

22  practices performance review.--

23         (1)  Any best financial management practices

24  performance review of a school district pursuant to this

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

26  Office of Program Policy Analysis and Government

27  Accountability. The director of the Office of Program Policy

28  Analysis and Government Accountability may, at his or her

29  discretion, contract with a private consultant selected

30  through a formal request for proposal process to perform part

31  or all of the review of any district.

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

  2  of Program Policy Analysis and Government Accountability shall

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

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

  5         (a)  School district organization and Management

  6  structures.

  7         (b)  Educational service delivery.

  8         (c)  Community involvement.

  9         (d)  Facilities use and management.

10         (e)  Personnel systems and benefits management.

11         (f)  Asset and risk management.

12         (g)  Financial management.

13         (h)  Purchasing.

14         (f)(i)  Student transportation.

15         (g)(j)  Food service operations.

16         (h)(k)  Safety and security.

17         (i)  Performance accountability.

18         (j)  Use of lottery proceeds.

19         (k)  Cost control systems.

20         (l)  Instructional and administrative technology.

21         Section 3.  Section 230.23025, Florida Statutes, as

22  amended by chapters 97-384 and 98-225, Laws of Florida, is

23  amended to read:

24         230.23025  Best financial management practices;

25  standards; reviews; designation of districts.--

26         (1)  The purpose of a best financial management

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

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

29  of Program Policy Analysis and Government Accountability

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

31  develop a system for reviewing the financial management

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

  2  Auditor General shall jointly examine district operations to

  3  determine whether they meet "best financial management

  4  practices." The best financial management practices adopted by

  5  the Commissioner of Education may be updated periodically

  6  After consultation with the Legislature, the Governor, the

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

  8  OPPAGA may submit proposed revisions to the best financial

  9  management practices to the Commissioner of Education for

10  review and adoption. In areas for which the commissioner has

11  not adopted best practices, OPPAGA may develop additional best

12  practices, with input from a broad range of stakeholders.

13  OPPAGA shall present any additional best practices to the

14  commissioner for review and adoption. The best financial

15  management practices adopted by the commissioner must be used

16  in a school district review conducted according to this

17  section. The best financial management practices, at a

18  minimum, must instill public confidence by addressing the

19  following areas:

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

21  proceeds, student transportation and food service operations,

22  management structures, and personnel systems and benefits,

23  educational service delivery, community involvement, safety

24  and security, facilities, and administrative and instructional

25  technology;

26         (b)  Compliance with generally accepted accounting

27  principles and state and federal laws relating to financial

28  management;

29         (c)  Performance accountability systems, including

30  performance measurement reports to the public, internal

31

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  1  auditing, financial auditing, and information made available

  2  to support decisionmaking;

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

  4  financial management, purchasing, and information system

  5  controls.

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

  7  school district shall be subject to a best financial

  8  management practices review. OPPAGA shall recommend a schedule

  9  to review all school districts on a 10-year cycle which shall

10  be subject to approval by the Legislature in the General

11  Appropriations Act. No later than December 31 of each year,

12  OPPAGA shall recommend to the President of the Senate and the

13  Speaker of the House of Representatives districts proposed to

14  undergo review during the next fiscal year. The Legislature

15  shall annually designate in the General Appropriations Act

16  those school districts that will receive a fully funded best

17  financial management practices review. School districts may,

18  by a unanimous vote of the membership of the school board,

19  apply to OPPAGA for a complete best financial management

20  practice review or a review of components of the best

21  financial management practices, including management,

22  personnel, transportation, and food and nutrition services.

23  OPPAGA shall prioritize districts for review based on their

24  growth rates and demonstrated need for review. The director of

25  OPPAGA may, at his or her discretion, contract with private

26  consultants to perform part or all of the review of any

27  district. Districts applying for a complete review shall

28  contribute 50 percent of review costs, unless funding for the

29  entire cost of the review is specifically provided by the

30  Legislature. Districts applying for a review of a component

31  shall contribute 75 percent of the review cost.  All moneys

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  1  contributed by any school district under this section toward

  2  the cost of a complete or component best financial management

  3  practices review of the district shall be deposited into the

  4  Florida School District Review Trust Fund administered by

  5  OPPAGA.

  6         (3)  District reviews conducted under this section must

  7  be completed within 6 months after commencement. OPPAGA shall

  8  issue a report to the district regarding its financial

  9  management practices and cost savings recommendations within

10  60 days after completing the reviews.

11         (4)  If the district is found not to conform to best

12  financial management practices, the report must contain an

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

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

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

16  within 90 days after receipt of the final report, to implement

17  or not to implement the action plan. In order to be eligible

18  to receive the seal, the school board must vote by a majority

19  plus one to implement the action plan.

20         (5)(4)  No later than 1 year after receipt of the

21  report, district school boards that agree by a majority plus

22  one vote to institute the action plan must shall submit an

23  initial annual report to the Legislature, the Governor, the

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

25  the Commissioner of Education on progress made towards

26  implementing the plan and whether changes have occurred in

27  other areas of operation which would affect compliance with

28  the best practices. A second report must be submitted no later

29  than one year after the initial report. These reports shall be

30  Such districts shall be reviewed annually by OPPAGA, in

31  addition to the annual financial audit required under s.

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  1  11.45, to determine whether they have attained compliance with

  2  the best financial management practices in the areas covered

  3  by the plan.

  4         (6)  Each year during the 2 years after a school board

  5  has voted to implement an action plan, OPPAGA shall review the

  6  district to assess implementation of the action plan and

  7  progress toward utilizing the best financial management

  8  practices in areas covered by the plan.

  9         (7)  Districts that are found to be utilizing comply

10  with the best financial management practices shall receive a

11  "Seal of Best Financial Management" from by the State Board of

12  Education certifying that the district is adhering to the

13  state's best financial management practices. This designation

14  shall be effective for a 5-year period, beginning upon the

15  certification date, after which the district school board may

16  reapply for the designation to be granted after another best

17  financial management practice review. During the designation

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

19  later than the anniversary date of the certification, the

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

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

22  operations or any other situations that would not conform to

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

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

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

26  complying with the state's best financial management

27  practices.

28         (8)(5)  Any audit or performance review of one or more

29  of the designated components conducted or supervised by OPPAGA

30  or the Department of Management Services, and completed within

31  2 years before the district is scheduled in the General

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  1  Appropriations Act date of application to OPPAGA for a best

  2  financial management practices review, may, at the OPPAGA

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

  4  review required as the examination of district operations

  5  necessary for a determination of whether a district meets the

  6  "best financial management practices" designation. The cost

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

  8  any such audit or performance review.

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

10  Florida Statutes, is amended to read:

11         230.23026  Florida School District Review Trust Fund.--

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

13  fund to pay costs of conducting best financial management

14  practices reviews, or reviews of components of the best

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

16  be expended to pay the expenses of reviews conducted by

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

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

19  include professional services, travel expenses of OPPAGA and

20  the Auditor General, and any other necessary expenses incurred

21  as part of a complete or component best financial management

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

23  portion of funds contributed by the school district that

24  OPPAGA determines are not needed to conduct the complete or

25  component best practices review requested by the district.

26         Section 5.  Paragraph (a) of subsection (2) of section

27  235.2197, Florida Statutes, is amended to read:

28         235.2197  Florida Frugal Schools Program.--

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

30  recognize publicly each district school board that agrees to

31  build frugal yet functional educational facilities and that

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  1  implements "best financial management practices" when

  2  planning, constructing, and operating educational facilities.

  3  The State Board of Education shall recognize a district school

  4  board as having a Florida Frugal Schools Program if the

  5  district requests recognition and satisfies two or more of the

  6  following criteria:

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

  8  Management" as provided in s. 230.23025 or implements best

  9  financial management practices in the area of educational

10  facilities as evidenced by a partial review under s. 230.23025

11  s. 230.2302.

12         Section 6.  Section 230.2302, Florida Statutes, is

13  repealed.

14         Section 7.  This act shall take effect July 1, 2000.

15

16            *****************************************

17                          HOUSE SUMMARY

18
      Requires the Office of Program Policy Analysis and
19    Government Accountability to conduct or contract for best
      financial management practices reviews of school
20    districts. Revises terminology regarding performance
      reviews. Clarifies and conforms the authorization for
21    contracting for reviews. Revises the scope of such
      reviews. Provides the purpose of a best financial
22    management practices review. Clarifies the procedure for
      revising best financial management practices adopted by
23    the commissioner. Authorizes OPPAGA to develop certain
      additional best practices for review and adoption by the
24    Commissioner of Education. Revises areas addressed by the
      review. Establishes a timeframe for school district
25    review. Requires districts to be reviewed to be specified
      in the General Appropriations Act. Provides funding
26    requirements. Revises reporting requirements. Revises
      provisions relating to the "Seal of Best Financial
27    Management." Repeals provisions relating to performance
      reviews.
28

29

30

31

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