House Bill hb0425

    Florida House of Representatives - 2001                 HB 425

        By Representative Lerner






  1                      A bill to be entitled

  2         An act relating to school district financial

  3         management; amending s. 230.23, F.S., relating

  4         to powers and duties of the school board

  5         relating to school finance; requiring the

  6         annual school budget to reflect best financial

  7         management practices; amending s. 230.23025,

  8         F.S.; authorizing the Commissioner of Education

  9         to require a district to complete a best

10         financial management practices review under

11         certain circumstances; correcting a cross

12         reference; providing an effective date.

13

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

15

16         Section 1.  Paragraph (b) of subsection (10) of section

17  230.23, Florida Statutes, is amended to read:

18         230.23  Powers and duties of school board.--The school

19  board, acting as a board, shall exercise all powers and

20  perform all duties listed below:

21         (10)  FINANCE.--Take steps to assure children adequate

22  educational facilities through the financial procedure

23  authorized in chapters 236 and 237 and as prescribed below:

24         (b)  Annual budget.--Cause to be prepared, adopt, and

25  have submitted to the Department of Education for review, as

26  required by law and by regulations of the state board, the

27  annual school budget., Such budget shall to be so prepared and

28  executed as to promote the improvement of the district school

29  system and reflect the best financial management practices

30  adopted by the Commissioner of Education, pursuant to s.

31  230.23025.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                 HB 425

    778-104-01






  1         Section 2.  Subsections (2) and (5) of section

  2  230.23025, Florida Statutes, are amended, and subsections (3)

  3  and (4) of said section are renumbered as subsections (4) and

  4  (5) to read:

  5         230.23025  Best financial management practices;

  6  standards; reviews; designation of districts.--

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

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

  9  complete best financial management practice review or a review

10  of components of the best financial management practices,

11  including management, personnel, transportation, and food and

12  nutrition services. OPPAGA shall prioritize districts

13  requesting a for review based on their growth rates and

14  demonstrated need for review.

15         (b)  The Commissioner of Education may require a

16  complete or partial best financial management practices review

17  of any district:

18         1.  From which it has withheld budget approval pursuant

19  to s. 237.081 and rules of the state board; or

20         2.  Based on complaints from the public pursuant to s.

21  237.081.

22         (3)  The director of OPPAGA may, at his or her

23  discretion, contract with private consultants to perform part

24  or all of the review of any district.

25         (a)  Districts applying for a complete review shall

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

27  entire cost of the review is specifically provided by the

28  Legislature.

29         (b)  Districts applying for a review of a component

30  shall contribute 75 percent of the review cost.

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    Florida House of Representatives - 2001                 HB 425

    778-104-01






  1         (c)  Districts required to complete a full or partial

  2  review shall contribute the full cost of the review.

  3

  4  All moneys contributed by any school district under this

  5  section toward the cost of a complete or component best

  6  financial management practices review of the district shall be

  7  deposited into the Florida School District Review Trust Fund

  8  administered by OPPAGA.

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

10  the designated components conducted or supervised by OPPAGA or

11  the Department of Management Services, and completed within 2

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

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

14  audit or review required as the examination of district

15  operations necessary for a determination of whether a district

16  meets the "best financial management practices" designation.

17  The cost contribution requirements of subsection (3) (2) do

18  not apply to any such audit or performance review.

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

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21            *****************************************

22                          HOUSE SUMMARY

23
      Requires the annual school budget prepared by a district
24    school board to reflect best financial management
      practices. Authorizes the Commissioner of Education to
25    require a district to complete a best financial
      management practices review under certain circumstances.
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CODING: Words stricken are deletions; words underlined are additions.