House Bill hb0269e1

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                                     CS/CS/HB 269, First Engrossed



  1                      A bill to be entitled

  2         An act relating to school district best

  3         financial management practices reviews;

  4         creating the "Sharpening the Pencil Act";

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

  6         legislative intent; providing OPPAGA with

  7         primary responsibility for the completion of

  8         best financial practices reviews; revising

  9         areas in which best financial management

10         practices are to be developed and adopted;

11         revising and clarifying the best financial

12         management practices adoption and revision

13         process; clarifying that OPPAGA shall contract

14         with a private firm to perform reviews,

15         provided the review team has certain expertise;

16         authorizing the inclusion of review items in

17         addition to the adopted best financial

18         management practices, after consultation with

19         the school district; establishing a continuing

20         5-year review cycle; authorizing the Joint

21         Legislative Auditing Committee to adjust the

22         schedule under certain circumstances;

23         authorizing the review of additional school

24         districts under certain circumstances;

25         specifying that reviews shall be conducted to

26         the extent funded by the Legislature;

27         specifying the use of such funds; requiring

28         copies of the final report issued by OPPAGA to

29         be provided to additional entities; requiring

30         public meetings; revising provisions relating

31         to eligibility for the "Seal of Best Financial


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                                     CS/CS/HB 269, First Engrossed



  1         Management"; establishing requirements relating

  2         to status reports; requiring OPPAGA to review a

  3         district's status reports, assess

  4         implementation of the action plan, and assess

  5         progress toward implementing the best financial

  6         management practices and to issue a report;

  7         providing for appearance of school officials

  8         before the Legislature upon failure to

  9         implement an adopted action plan; providing for

10         citizen appeals to the department; providing

11         rulemaking authority; providing legislative

12         intent; clarifying provisions relating to the

13         award of the "Seal of Best Financial

14         Management"; requiring school districts that

15         are reviewed to maintain certain records;

16         specifying use of cost savings; repealing s.

17         11.515, F.S., relating to school district

18         performance reviews; repealing s. 230.2302,

19         F.S., relating to performance reviews;

20         repealing s. 230.23026, F.S., relating to the

21         Florida School District Review Trust Fund;

22         amending s. 11.51, F.S., relating to school

23         district performance reviews by the Office of

24         Program Policy Analysis and Government

25         Accountability, s. 230.23027, F.S., relating to

26         the Small School District Stabilization

27         Program, s. 233.43, F.S., relating to duties of

28         superintendent relating to instructional

29         materials, and s. 235.2197, F.S., relating to

30         the Florida Frugal Schools Program; correcting

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                                     CS/CS/HB 269, First Engrossed



  1         cross references to conform; providing an

  2         effective date.

  3

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

  5

  6         Section 1.  Short title.--This act may be cited as the

  7  "Sharpening the Pencil Act."

  8         Section 2.  Section 230.23025, Florida Statutes, as

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

10  Laws of Florida, is amended to read:

11         230.23025  Best financial management practices;

12  standards; reviews; designation of districts.--

13         (1)  The purpose of best financial management practices

14  reviews is to improve Florida school district management and

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

16  Program Policy Analysis and Government Accountability (OPPAGA)

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

18  a system for reviewing the financial management practices of

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

20  General shall assist OPPAGA in examining jointly examine

21  district operations to determine whether they meet "best

22  financial management practices."

23         (2)  The best financial management practices adopted by

24  the Commissioner of Education may be updated periodically

25  After consultation with the Legislature, the Governor, the

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

27  OPPAGA shall submit to the Commissioner of Education for

28  review and adoption proposed revisions to the best financial

29  management practices adopted by the commissioner. The best

30  financial management practices, at a minimum, must instill

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


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                                     CS/CS/HB 269, First Engrossed



  1  resources; identifying ways that the district could save

  2  funds; and improving districts' performance accountability

  3  systems, including public accountability. To achieve these

  4  objectives, best practices shall be developed for, but need

  5  not be limited to, the following areas:

  6         (a)  Management structures.

  7         (b)  Performance accountability.

  8         (c)  Efficient delivery of educational services,

  9  including instructional materials.

10         (d)  Administrative and instructional technology.

11         (e)  Personnel systems and benefits management.

12         (f)  Facilities construction.

13         (g)  Facilities maintenance.

14         (h)  Student transportation.

15         (i)  Food service operations.

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

17  risk management, financial management, purchasing, internal

18  auditing, and financial auditing.

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20  In areas for which the commissioner has not adopted best

21  practices, OPPAGA may develop additional best financial

22  management practices, with input from a broad range of

23  stakeholders. OPPAGA shall present any additional best

24  practices to the commissioner for review and adoption. Revised

25  best financial management practices adopted by the

26  commissioner must be used in future school district reviews

27  conducted according to this section.

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

29  proceeds, student transportation and food service operations,

30  management structures, and personnel systems and benefits,

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                                     CS/CS/HB 269, First Engrossed



  1  instructional materials, and administrative and instructional

  2  technology.

  3         (b)  Compliance with generally accepted accounting

  4  principles and state and federal laws relating to financial

  5  management.

  6         (c)  Performance accountability systems, including

  7  performance measurement reports to the public, internal

  8  auditing, financial auditing, and information made available

  9  to support decisionmaking.

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

11  financial management, purchasing, and information system

12  controls.

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

14  school levels.

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

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

17  best financial management practice review or a review of

18  components of the best financial management practices,

19  including management, personnel, transportation, and food and

20  nutrition services. OPPAGA shall prioritize districts for

21  review based on their growth rates and demonstrated need for

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

23  contract with private consultants to perform part or all of

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

25  review shall contribute 50 percent of review costs, unless

26  funding for the entire cost of the review is specifically

27  provided by the Legislature. Districts applying for a review

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

29  All moneys contributed by any school district under this

30  section toward the cost of a complete or component best

31  financial management practices review of the district shall be


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                                     CS/CS/HB 269, First Engrossed



  1  deposited into the Florida School District Review Trust Fund

  2  administered by OPPAGA.

  3         (3)  OPPAGA shall contract with a private firm selected

  4  through a formal request for proposal process to perform the

  5  review, subject to the independence requirements of the

  6  request for proposal. At least one member of the private firm

  7  review team shall have expertise in school district finance.

  8  The scope of the review shall focus on the best practices

  9  adopted by the Commissioner of Education, pursuant to

10  subsection (2). OPPAGA may include additional items in the

11  scope of the review after seeking input from the school

12  district.

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

14  school district shall be subject to a best financial

15  management practices review. The Legislature also intends that

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

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

18  Appropriations Act, or as provided by this subsection and

19  subsection (5):

20         (a)  Year 1: Hillsborough, Sarasota, Collier, Okaloosa,

21  Alachua, St. Lucie, Santa Rosa, Hernando, Indian River,

22  Monroe, Osceola, and Bradford.

23         (b)  Year 2: Miami-Dade, Duval, Volusia, Bay, Columbia,

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

25  and Franklin.

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

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

28  Liberty, and Lafayette.

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

30  Charlotte, Citrus, Highlands, Nassau, Hendry, Okeechobee,

31  Hardee, DeSoto, and Glades.


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                                     CS/CS/HB 269, First Engrossed



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

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

  3  Washington, and Calhoun.

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  5  The Joint Legislative Auditing Committee may adjust the

  6  schedule of districts to be reviewed when unforeseen

  7  circumstances prevent initiation of reviews scheduled in a

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

  9  shall continue, beginning again with those districts included

10  in year 1 of the cycle.

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

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

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

14  Legislature, OPPAGA may conduct up to two additional best

15  financial management practices reviews in districts not

16  scheduled for review during that year if such review is

17  necessary to address adverse financial conditions.

18         (6)  Reviews shall be conducted to the extent

19  specifically funded by the Legislature in the General

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

21  for the cost of reviews by private consultants contracted by

22  the director of OPPAGA. Costs may include professional

23  services, travel expenses of staff of OPPAGA and the Auditor

24  General, and any other necessary expenses incurred as part of

25  a best financial management practices review.

26         (7)(3)  District reviews conducted under this section

27  must be completed within 6 months after commencement. OPPAGA

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

29  Speaker of the House of Representatives, and the district

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

31  practices and cost savings recommendations within 60 days


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                                     CS/CS/HB 269, First Engrossed



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

  2  be provided to the Governor, the Commissioner of Education,

  3  and to all members of school advisory councils and district

  4  advisory councils established pursuant to s. 229.58(1)(a) and

  5  (b).  Within 45 days after the distribution of such copies,

  6  the school district shall hold a public hearing to review the

  7  findings and recommendations and accept public input.  Members

  8  of school and district advisory councils, parents, and

  9  teachers shall be given written notice and an invitation to

10  attend the public hearing.  This notice shall be in addition

11  to the notice required by s. 120.525.  OPPAGA and the private

12  firm that conducted the review shall also be given written

13  notice and shall attend the public hearing. The public hearing

14  shall be recorded by a mechanical recording device or a court

15  reporter.

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

17  financial management practices, the report must contain an a

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

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

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

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

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

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

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

25  school board members may be required to appear and present

26  testimony before a legislative committee, pursuant to s.

27  11.143.

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

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

30  is implemented and there is still sufficient time, as

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                                     CS/CS/HB 269, First Engrossed



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

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

  3         (9)(4)  If a district votes to implement the action

  4  plan:

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

  6  report, the school district must District school boards that

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

  8  shall submit an initial status annual report to the President

  9  of the Senate, the Speaker of the House of Representatives

10  Legislature, the Governor, the SMART Schools Clearinghouse,

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

12  the Commissioner of Education on progress made towards

13  implementing the action plan and whether changes have occurred

14  in other areas of operation that which would affect compliance

15  with the best practices.

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

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

18  the House of Representatives, the Governor, OPPAGA, the

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

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

21  the initial report.

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23  Status reports are not required once OPPAGA concludes that the

24  district is using best practices. Such districts shall be

25  reviewed annually by OPPAGA, in addition to the annual

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

27  they have attained compliance with the best financial

28  management practices in the areas covered by the plan.

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

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

31  district's implementation of the action plan and progress


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                                     CS/CS/HB 269, First Engrossed



  1  toward implementing the best financial management practices in

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

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

  4  Speaker of the House of Representatives, and the district

  5  indicating whether the district has successfully implemented

  6  the best financial management practices. Copies of the report

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

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

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

10  pursuant to subsection (8), school board members and the

11  school superintendent may be required to appear before a

12  legislative committee, pursuant to s. 11.143, to present

13  testimony regarding the district's failure to implement such

14  action plan.

15         (11)  School districts that successfully implement the

16  best financial management practices within 2 years are

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

18  Upon notification by OPPAGA that a district has been districts

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

20  management practices, the State Board of Education shall award

21  that district shall receive a "Seal of Best Financial

22  Management" by the State Board of Education certifying that

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

24  management practices. The State Board of Education This

25  designation shall be effective for 5 years from the

26  certification date or until the next review is completed,

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

28  school board may reapply for the designation to be granted

29  after another financial management practice review. During the

30  designation period, the district school board shall annually,

31  not later than the anniversary date of the certification,


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                                     CS/CS/HB 269, First Engrossed



  1  notify the SMART Schools Clearinghouse, OPPAGA, the Auditor

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

  3  policies or operations or any other situations that would not

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

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

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

  7  longer complying with the state's best financial management

  8  practices.

  9         (12)  School districts that receive a best financial

10  management practices review must maintain records that will

11  enable independent verification of the implementation of the

12  action plan and any related fiscal impacts.

13         (13)(a)  If the school board fails to vote whether to

14  adopt an action plan for implementation or the school district

15  fails to implement the action plan after voting to implement

16  the action plan, any citizen who is a resident of the district

17  may submit a written appeal to the Commissioner of Education.

18         (b)  An appeal on the grounds that the school board has

19  failed to vote whether to adopt an action plan may not be

20  filed until after the 90th day following the school district's

21  receipt of the final report.

22         (c)  An appeal on the grounds that the school district

23  has failed to implement the action plan may be filed not less

24  than 180 days following the receipt of the final report.

25         (d)  The Commissioner of Education may adopt rules

26  pursuant to ss. 120.536 and 120.54 to implement the provisions

27  of this subsection.

28         (e)  Upon receipt and evaluation of the appeal, the

29  Department of Education may contact the school district,

30  assess the situation, urge the school district to commence

31  implementation, and offer technical assistance, if needed.


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                                     CS/CS/HB 269, First Engrossed



  1         (f)  It is the legislative intent that activities

  2  necessary to implement this subsection shall be conducted by

  3  the commissioner without the request of additional funding and

  4  that no additional FTE's shall be allocated pursuant to this

  5  activity.

  6         (14)  Unrestricted cost savings resulting from

  7  implementation of the best financial management practices will

  8  be used to implement best education practices that correct

  9  identified student education outcome deficiencies.  The

10  unrestricted cost savings must be spent at the school and

11  classroom levels for teacher salaries, teacher training,

12  improved classroom facilities, student supplies, textbooks,

13  classroom technology, and other direct student instruction

14  activities.  Cost savings identified for a program that has

15  restrictive expenditure requirements shall be used for the

16  enhancement of the specific program.

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

18  the designated components conducted or supervised by OPPAGA or

19  the Department of Management Services, and completed within 2

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

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

22  audit or review required as the examination of district

23  operations necessary for a determination of whether a district

24  meets the "best financial management practices" designation.

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

26  apply to any such audit or performance review.

27         Section 3.  Section 11.515, Florida Statutes, is

28  repealed.

29         Section 4.  Section 230.2302, Florida Statutes, is

30  repealed.

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                                     CS/CS/HB 269, First Engrossed



  1         Section 5.  Section 230.23026, Florida Statutes, is

  2  repealed.

  3         Section 6.  Subsection (1) of section 11.51, Florida

  4  Statutes, is amended to read:

  5         11.51  Office of Program Policy Analysis and Government

  6  Accountability.--

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

  8  Policy Analysis and Government Accountability as a unit of the

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

10  Such office shall perform program evaluation and justification

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

12  defined in s. 11.45 and shall contract for performance reviews

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

14  230.2302.

15         Section 7.  Subsection (4) of section 230.23027,

16  Florida Statutes, is amended to read:

17         230.23027  Small School District Stabilization

18  Program.--

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

20  Office of Tourism, Trade, and Economic Development authorizes

21  a school district to participate in the program, the

22  Legislature may give priority to that district for a best

23  financial management practices review in the school district,

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

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

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

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

28         Section 8.  Subsection (1) of section 233.43, Florida

29  Statutes, is amended to read:

30         233.43  Duties of superintendent relating to

31  instructional materials.--


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                                     CS/CS/HB 269, First Engrossed



  1         (1)  The duties and responsibilities of each

  2  superintendent of schools for the requisition, purchase,

  3  receipt, storage, distribution, use, conservation, records,

  4  and reports of, and management practices and property

  5  accountability concerning, instructional materials shall be

  6  prescribed by policies of the district school board. Such

  7  policies shall also provide for an evaluation of any

  8  instructional materials to be requisitioned that have not been

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

10  responsibilities include keeping adequate records and accounts

11  for all financial transactions for funds collected pursuant to

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

13  of the educational service delivery scope in a school district

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

15  and 230.23025.

16         Section 9.  Paragraph (a) of subsection (2) of section

17  235.2197, Florida Statutes, is amended to read:

18         235.2197  Florida Frugal Schools Program.--

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

20  recognize publicly each district school board that agrees to

21  build frugal yet functional educational facilities and that

22  implements "best financial management practices" when

23  planning, constructing, and operating educational facilities.

24  The State Board of Education shall recognize a district school

25  board as having a Florida Frugal Schools Program if the

26  district requests recognition and satisfies two or more of the

27  following criteria:

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

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

30  financial management practices applicable to in the area of

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                                     CS/CS/HB 269, First Engrossed



  1  educational facilities as evidenced by a partial review under

  2  s. 230.23025 s. 230.2302.

  3         Section 10.  This act shall take effect July 1, 2001.

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