House Bill hb0269

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    Florida House of Representatives - 2001                 HB 269

        By Representatives Murman, Lacasa, Byrd, Mack, Melvin,
    Diaz-Balart, Cantens, Bense, Argenziano and Lynn





  1                      A bill to be entitled

  2         An act relating to school district best

  3         financial management practices reviews;

  4         amending s. 230.23025, F.S.; providing

  5         legislative intent; providing OPPAGA with

  6         primary responsibility for the completion of

  7         best financial practices reviews; revising

  8         areas in which best financial management

  9         practices are to be developed and adopted;

10         revising and clarifying the best financial

11         management practices adoption and revision

12         process; clarifying that OPPAGA may either

13         complete, or contract with a private firm to

14         complete, all or part of any review;

15         authorizing the inclusion of review items in

16         addition to the adopted best financial

17         management practices, after consultation with

18         the school district; establishing a continuing

19         5-year review cycle; authorizing the Joint

20         Legislative Auditing Committee to adjust the

21         schedule under certain circumstances;

22         authorizing the review of additional school

23         districts under certain circumstances;

24         specifying that reviews shall be conducted to

25         the extent funded by the Legislature;

26         specifying the use of such funds; requiring

27         copies of the final report issued by OPPAGA to

28         be provided to additional entities; revising

29         provisions relating to eligibility for the

30         "Seal of Best Financial Management";

31         establishing requirements relating to status

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  1         reports; requiring OPPAGA to review a

  2         district's status reports, assess

  3         implementation of the action plan, and assess

  4         progress toward implementing the best financial

  5         management practices and to issue a report;

  6         clarifying provisions relating to the award of

  7         the "Seal of Best Financial Management";

  8         requiring school districts that are reviewed to

  9         maintain certain records; repealing s. 11.515,

10         F.S., relating to school district performance

11         reviews; repealing s. 230.2302, F.S., relating

12         to performance reviews; repealing s. 230.23026,

13         F.S., relating to the Florida School District

14         Review Trust Fund; amending s. 11.51, F.S.,

15         relating to school district performance reviews

16         by the Office of Program Policy Analysis and

17         Government Accountability, s. 230.23027, F.S.,

18         relating to the Small School District

19         Stabilization Program, s. 233.43, F.S.,

20         relating to duties of superintendent relating

21         to instructional materials, and s. 235.2197,

22         F.S., relating to the Florida Frugal Schools

23         Program; correcting cross references to

24         conform; providing an effective date.

25

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

27

28         Section 1.  Section 230.23025, Florida Statutes, as

29  amended by chapters 97-384, 98-225, 2000-235, and 2000-291,

30  Laws of Florida, is amended to read:

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  1         230.23025  Best financial management practices;

  2  standards; reviews; designation of districts.--

  3         (1)  The purpose of best financial management practices

  4  reviews is to improve Florida school district management and

  5  use of resources and to identify cost savings. The Office of

  6  Program Policy Analysis and Government Accountability (OPPAGA)

  7  and the Office of the Auditor General are directed to develop

  8  a system for reviewing the financial management practices of

  9  school districts. In this system, OPPAGA and the Auditor

10  General shall assist OPPAGA in examining jointly examine

11  district operations to determine whether they meet "best

12  financial management practices."

13         (2)  The best financial management practices adopted by

14  the Commissioner of Education may be updated periodically

15  After consultation with the Legislature, the Governor, the

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

17  OPPAGA may submit to the Commissioner of Education for review

18  and adoption proposed revisions to the best financial

19  management practices adopted by the commissioner. The best

20  financial management practices, at a minimum, must instill

21  public confidence by addressing the school district's use of

22  state and district resources; identifying ways that the

23  district could save funds; and improving districts'

24  performance accountability systems, including public

25  accountability. To achieve these objectives, best practices

26  shall be developed for, but need not be limited to, the

27  following areas:

28         (a)  Management structures.

29         (b)  Performance accountability.

30         (c)  Efficient delivery of educational services,

31  including instructional materials.

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  1         (d)  Administrative and instructional technology.

  2         (e)  Personnel systems and benefits management.

  3         (f)  Facilities construction.

  4         (g)  Facilities maintenance.

  5         (h)  Student transportation.

  6         (i)  Food service operations.

  7         (j)  Cost control systems, including asset management,

  8  risk management, financial management, purchasing, internal

  9  auditing, and financial auditing.

10

11  In areas for which the commissioner has not adopted best

12  practices, OPPAGA may develop additional best financial

13  management practices, with input from a broad range of

14  stakeholders. OPPAGA shall present any additional best

15  practices to the commissioner for review and adoption. Revised

16  best financial management practices adopted by the

17  commissioner must be used in future school district reviews

18  conducted according to this section.

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

20  proceeds, student transportation and food service operations,

21  management structures, and personnel systems and benefits,

22  instructional materials, and administrative and instructional

23  technology.

24         (b)  Compliance with generally accepted accounting

25  principles and state and federal laws relating to financial

26  management.

27         (c)  Performance accountability systems, including

28  performance measurement reports to the public, internal

29  auditing, financial auditing, and information made available

30  to support decisionmaking.

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

  2  financial management, purchasing, and information system

  3  controls.

  4         (e)  Safety and security practices at the district and

  5  school levels.

  6         (2)  School districts may, by a unanimous vote of the

  7  membership of the school board, apply to OPPAGA for a complete

  8  best financial management practice review or a review of

  9  components of the best financial management practices,

10  including management, personnel, transportation, and food and

11  nutrition services. OPPAGA shall prioritize districts for

12  review based on their growth rates and demonstrated need for

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

14  contract with private consultants to perform part or all of

15  the review of any district. Districts applying for a complete

16  review shall contribute 50 percent of review costs, unless

17  funding for the entire cost of the review is specifically

18  provided by the Legislature. Districts applying for a review

19  of a component shall contribute 75 percent of the review cost.

20  All moneys contributed by any school district under this

21  section toward the cost of a complete or component best

22  financial management practices review of the district shall be

23  deposited into the Florida School District Review Trust Fund

24  administered by OPPAGA.

25         (3)  OPPAGA may conduct best financial management

26  practices reviews pursuant to this section, or the director of

27  OPPAGA may, at his or her discretion, contract with a private

28  firm selected through a formal request for proposal process to

29  perform part or all of any review. The scope of the review

30  shall focus on the best practices adopted by the Commissioner

31  of Education, pursuant to subsection (2). OPPAGA may include

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  1  additional items in the scope of the review after seeking

  2  input from the school district.

  3         (4)  It is the intent of the Legislature that each

  4  school district shall be subject to a best financial

  5  management practices review. The Legislature also intends that

  6  all school districts shall be reviewed on a continuing 5-year

  7  cycle, as follows, unless specified otherwise in the General

  8  Appropriations Act, or as provided by this subsection and

  9  subsection (5):

10         (a)  Year 1: Hillsborough, Volusia, Sarasota, Collier,

11  Okaloosa, Alachua, St. Lucie, Santa Rosa, Hernando, Indian

12  River, Monroe, and Bradford.

13         (b)  Year 2: Miami-Dade, Duval, Osceola, Bay, Columbia,

14  Suwannee, Wakulla, Baker, Union, Hamilton, Jefferson, Gadsden,

15  and Franklin.

16         (c)  Year 3: Palm Beach, Orange, Seminole, Lee,

17  Escambia, Leon, Levy, Taylor, Madison, Gilchrist, Gulf, Dixie,

18  Liberty, and Lafayette.

19         (d)  Year 4: Pinellas, Pasco, Marion, Manatee, Clay,

20  Charlotte, Citrus, Highlands, Nassau, Hendry, Okeechobee,

21  Hardee, DeSoto, and Glades.

22         (e)  Year 5: Broward, Polk, Brevard, Lake, St. Johns,

23  Martin, Putnam, Jackson, Flagler, Walton, Sumter, Holmes,

24  Washington, and Calhoun.

25

26  The Joint Legislative Auditing Committee may adjust the

27  schedule of districts to be reviewed when unforeseen

28  circumstances prevent initiation of reviews scheduled in a

29  given year. Once the 5-year cycle has been completed, reviews

30  shall continue, beginning again with those districts included

31  in year one of the cycle.

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  1         (5)  At the direction of the Joint Legislative Auditing

  2  Committee or the President of the Senate and the Speaker of

  3  the House of Representatives, and subject to funding by the

  4  Legislature, OPPAGA may conduct up to two additional best

  5  financial management practices reviews in districts not

  6  scheduled for review during that year if such review is

  7  necessary to address adverse financial conditions.

  8         (6)  Reviews shall be conducted to the extent

  9  specifically funded by the Legislature in the General

10  Appropriations Act for this purpose. Such funds may be used

11  for the cost of reviews conducted by OPPAGA, by the Auditor

12  General, or by private consultants contracted by the director

13  of OPPAGA. Expenses may include professional services, travel

14  expenses of staff of OPPAGA and the Auditor General, and any

15  other necessary expenses incurred as part of a best financial

16  management practices review.

17         (7)(3)  District reviews conducted under this section

18  must be completed within 6 months after commencement. OPPAGA

19  shall issue a final report to the President of the Senate, the

20  Speaker of the House of Representatives, and the district

21  regarding the district's use of best its financial management

22  practices and cost savings recommendations within 60 days

23  after completing the reviews. Copies of the final report shall

24  be provided to the Governor and the Commissioner of Education.

25         (8)(a)  If the district is found not to conform to best

26  financial management practices, the report must contain an a

27  plan of action plan detailing how the district could meet the

28  best practices within 2 years. The school board must decide,

29  by a majority plus one vote within 90 days after receipt of

30  the final report, whether or not to implement the action plan

31  and pursue a "Seal of Best Financial Management" awarded by

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  1  the State Board of Education to qualified school districts. If

  2  a district fails to vote on the action plan within 90 days,

  3  school board members may be required to appear and present

  4  testimony before a legislative committee, pursuant to s.

  5  11.143.

  6         (b)  The school board may vote to reverse a decision

  7  not to implement an action plan, provided that the action plan

  8  is implemented and there is still sufficient time, as

  9  determined by the district school board, to meet the best

10  practices within 2 years after issuance of the final report.

11         (9)(4)  If a district votes to implement the action

12  plan:

13         (a)  No later than 1 year after receipt of the final

14  report, the school district must District school boards that

15  agree by a majority plus one vote to institute the action plan

16  shall submit an initial status annual report to the President

17  of the Senate, the Speaker of the House of Representatives

18  Legislature, the Governor, the SMART Schools Clearinghouse,

19  OPPAGA, the Auditor General, the State Board of Education, and

20  the Commissioner of Education on progress made towards

21  implementing the action plan and whether changes have occurred

22  in other areas of operation that which would affect compliance

23  with the best practices.

24         (b)  A second status report must be submitted by the

25  school district to the President of the Senate, the Speaker of

26  the House of Representatives, the Governor, OPPAGA, the

27  Auditor General, the Commissioner of Education, and the State

28  Board of Education no later than 1 year after submission of

29  the initial report.

30

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  1  Status reports are not required once OPPAGA concludes that the

  2  district is using best practices. Such districts shall be

  3  reviewed annually by OPPAGA, in addition to the annual

  4  financial audit required under s. 11.45, to determine whether

  5  they have attained compliance with the best financial

  6  management practices in the areas covered by the plan.

  7         (10)  After receipt of each of a district's two status

  8  reports required by subsection (9), OPPAGA shall assess the

  9  district's implementation of the action plan and progress

10  toward implementing the best financial management practices in

11  areas covered by the plan. Following each assessment, OPPAGA

12  shall issue a report to the President of the Senate, the

13  Speaker of the House of Representatives, and the district

14  indicating whether the district has successfully implemented

15  the best financial management practices. Copies of the report

16  must be provided to the Governor, the Auditor General, the

17  Commissioner of Education, and the State Board of Education.

18  If a district has failed to implement an action plan adopted

19  pursuant to subsection (8), school board members may be

20  required to appear before a legislative committee, pursuant to

21  s. 11.143, to present testimony regarding the district's

22  failure to implement such action plan.

23         (11)  School districts that successfully implement the

24  best financial management practices within 2 years are

25  eligible to receive a "Seal of Best Financial Management."

26  Upon notification by OPPAGA that a district has been districts

27  that are found to be using comply with the best financial

28  management practices, the State Board of Education shall award

29  that district shall receive a "Seal of Best Financial

30  Management" by the State Board of Education certifying that

31  the district is adhering to the state's best financial

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  1  management practices. The State Board of Education This

  2  designation shall be effective for 5 years from the

  3  certification date or until the next review is completed,

  4  whichever is sooner a 5-year period, after which the district

  5  school board may reapply for the designation to be granted

  6  after another financial management practice review. During the

  7  designation period, the district school board shall annually,

  8  not later than the anniversary date of the certification,

  9  notify the SMART Schools Clearinghouse, OPPAGA, the Auditor

10  General, and the State Board of Education of any changes in

11  policies or operations or any other situations that would not

12  conform to the state's best financial management practices.

13  The State Board of Education may revoke the designation of a

14  district at any time if it determines that a district is no

15  longer complying with the state's best financial management

16  practices.

17         (12)  School districts that receive a best financial

18  management practices review must maintain records that will

19  enable independent verification of the implementation of the

20  action plan and any related fiscal impacts.

21         (5)  Any audit or performance review of one or more of

22  the designated components conducted or supervised by OPPAGA or

23  the Department of Management Services, and completed within 2

24  years before the date of application to OPPAGA for a best

25  financial practices review, may serve as all or part of the

26  audit or review required as the examination of district

27  operations necessary for a determination of whether a district

28  meets the "best financial management practices" designation.

29  The cost contribution requirements of subsection (2) do not

30  apply to any such audit or performance review.

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  1         Section 2.  Section 11.515, Florida Statutes, is

  2  repealed.

  3         Section 3.  Section 230.2302, Florida Statutes, is

  4  repealed.

  5         Section 4.  Section 230.23026, Florida Statutes, is

  6  repealed.

  7         Section 5.  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 contract for performance reviews

17  of school districts pursuant to s. 230.23025(3) ss. 11.515 and

18  230.2302.

19         Section 6.  Subsection (4) of section 230.23027,

20  Florida Statutes, is amended to read:

21         230.23027  Small School District Stabilization

22  Program.--

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  subject to approval pursuant to s. 230.23025(5) as authorized

29  in s. 11.515, to the extent that funding is provided annually

30  for such purpose in the General Appropriations Act. The scope

31  of the review shall be as set forth in s. 230.23025 s. 11.515.

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  1         Section 7.  Subsection (1) of section 233.43, Florida

  2  Statutes, is amended to read:

  3         233.43  Duties of superintendent relating to

  4  instructional materials.--

  5         (1)  The duties and responsibilities of each

  6  superintendent of schools for the requisition, purchase,

  7  receipt, storage, distribution, use, conservation, records,

  8  and reports of, and management practices and property

  9  accountability concerning, instructional materials shall be

10  prescribed by policies of the district school board. Such

11  policies shall also provide for an evaluation of any

12  instructional materials to be requisitioned that have not been

13  used previously in the schools of the district. The duties and

14  responsibilities include keeping adequate records and accounts

15  for all financial transactions for funds collected pursuant to

16  s. 233.46(4). Such records and accounts shall be a component

17  of the educational service delivery scope in a school district

18  best financial management practices review under s. ss. 11.515

19  and 230.23025.

20         Section 8.  Paragraph (a) of subsection (2) of section

21  235.2197, Florida Statutes, is amended to read:

22         235.2197  Florida Frugal Schools Program.--

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

24  recognize publicly each district school board that agrees to

25  build frugal yet functional educational facilities and that

26  implements "best financial management practices" when

27  planning, constructing, and operating educational facilities.

28  The State Board of Education shall recognize a district school

29  board as having a Florida Frugal Schools Program if the

30  district requests recognition and satisfies two or more of the

31  following criteria:

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

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

  3  financial management practices applicable to in the area of

  4  educational facilities as evidenced by a partial review under

  5  s. 230.23025 s. 230.2302.

  6         Section 9.  This act shall take effect July 1, 2001.

  7

  8            *****************************************

  9                          HOUSE SUMMARY

10
      Provides legislative intent relating to school district
11    best financial management practices reviews. Provides
      OPPAGA with primary responsibility for the completion of
12    best financial practices reviews. Revises areas in which
      best financial management practices are to be developed
13    and adopted. Revises and clarifies the best financial
      management practices adoption and revision process.
14    Clarifies that OPPAGA may either complete, or contract
      with a private firm to complete, all or part of any
15    review. Authorizes the inclusion of review items in
      addition to the adopted best financial management
16    practices, after consultation with the school district.
      Establishes a continuing 5-year review cycle. Authorizes
17    the Joint Legislative Auditing Committee to adjust the
      schedule under certain circumstances. Authorizes the
18    review of additional school districts under certain
      circumstances. Specifies that reviews shall be conducted
19    to the extent funded by the Legislature and specifies the
      use of such funds. Requires copies of the final report
20    issued by OPPAGA to be provided to additional entities.
      Revises provisions relating to eligibility for the "Seal
21    of Best Financial Management." Establishes requirements
      relating to status reports. Requires OPPAGA to review a
22    district's status reports, assess implementation of the
      action plan, and assess progress toward implementing the
23    best financial management practices and to issue a
      report. Clarifies provisions relating to the award of the
24    "Seal of Best Financial Management." Requires school
      districts that are reviewed to maintain certain records.
25    Repeals s. 11.515, F.S., relating to school district
      performance reviews; s. 230.2302, F.S., relating to
26    performance reviews; and s. 230.23026, F.S., relating to
      the Florida School District Review Trust Fund. Corrects
27    cross references to conform.

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