CONFERENCE COMMITTEE AMENDMENT
Bill No. HB 13-C, 1st Eng.
Amendment No. 1 Barcode 083592
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 The Conference Committee on HB 13-C, 1st Eng. recommended the
12 following amendment:
13
14 Conference Committee Amendment (with title amendment)
15 Delete everything after the enacting clause
16
17 and insert:
18 Section 1. This act may be cited as the "K-20 Funds
19 Flexibility Act."
20 Section 2. (1) Notwithstanding section 216.292(3)(a)
21 and (b), Florida Statutes, and pursuant to section 216.351,
22 Florida Statutes, the Commissioner of Education and the
23 Secretary of Education may transfer funds from identical fund
24 sources between Salaries and Benefits, Other Personal
25 Services, Expenses, and Operating Capital Outlay within, but
26 not among, the budget entities listed below:
27 (a) Office of Student Financial Assistance;
28 (b) Division of Public Schools -- Executive Direction
29 and Support Services;
30 (c) State Oversight and Assistance -- Public Schools;
31 (d) Division of Workforce Development -- Executive
1
11:38 AM 12/05/01 c0013Cc-01
CONFERENCE COMMITTEE AMENDMENT
Bill No. HB 13-C, 1st Eng.
Amendment No. 1 Barcode 083592
1 Direction and Support Services;
2 (e) Division of Community Colleges -- Executive
3 Direction and Support Services; and
4 (f) Division of Universities -- Board of Regents
5 General Office.
6 (2) Transfers pursuant to this section may not exceed
7 the number of authorized positions and the approved salary
8 rate.
9 (3) Transfers pursuant to this section must be
10 consistent with K-20 legislative policy and intent and must
11 not adversely affect the oversight, evaluation, or reporting
12 duties for the Department of Education.
13 (4) The Secretary of Education shall report to the
14 Florida Board of Education the amount of funds transferred
15 pursuant to this section and the purpose of the transfer.
16 Section 3. (1)(a) During the 2001-2002 fiscal year,
17 each district school board is authorized the following
18 flexibility to expend funds allocated to the school district
19 from the appropriations in chapter 2001-253, Laws of Florida:
20 1. If a district school board finds and declares in a
21 resolution adopted at a regular meeting of the school board
22 that the funds received for any of the following programs are
23 urgently needed to maintain board-specified academic classroom
24 instruction, the school board may consider and approve an
25 amendment to the school district's 2001-2002 operating budget
26 transferring the identified amount of funds to the appropriate
27 account for expenditure:
28 a. Section 236.083, Florida Statutes, Funds for
29 Student Transportation, Specific Appropriation 121.
30 b. Section 236.081(3), Florida Statutes, Funds for
31 Inservice Educational Personnel Training, Specific
2
11:38 AM 12/05/01 c0013Cc-01
CONFERENCE COMMITTEE AMENDMENT
Bill No. HB 13-C, 1st Eng.
Amendment No. 1 Barcode 083592
1 Appropriation 122.
2 c. Funds allocated for Safe Schools Activities,
3 Specific Appropriation 118.
4 d. Funds for Public School Technology, Specific
5 Appropriation 120A.
6 e. Funds for Teacher Recruitment Signing Bonuses,
7 Specific Appropriation 119, which are in excess of the amount
8 required to provide $850 Teacher Retention Bonuses.
9 f. Section 231.67, Florida Statutes, the Florida
10 Teacher Lead Program Stipend, Specific Appropriation 122A,
11 carry-forward funds only. Carry-forward funds from this
12 program may be used only after the district school board
13 certifies to the department that every eligible teacher has
14 received his or her stipend.
15 2. If the district school board finds that funds
16 allocated for the purpose set forth in section 236.08104,
17 Florida Statutes, Supplemental Academic Instruction, Specific
18 Appropriation 118, are budgeted to be expended for
19 nonclassroom instruction, the school board may consider and
20 approve an amendment to the school district's 2001-2002
21 operating budget transferring such funds to an appropriate
22 academic classroom instruction account for expenditure.
23 (b) Each district school board shall report to the
24 Department of Education the amount of funds it transferred
25 from each of the programs identified in this subsection and
26 the specific academic classroom instruction for which these
27 funds were expended. The department shall provide instructions
28 and specify the format to be used in submitting this required
29 information. The department shall submit to the Governor, the
30 President of the Senate, and the Speaker of the House of
31 Representatives a report showing the actions taken by each
3
11:38 AM 12/05/01 c0013Cc-01
CONFERENCE COMMITTEE AMENDMENT
Bill No. HB 13-C, 1st Eng.
Amendment No. 1 Barcode 083592
1 district school board and a statewide summary for all school
2 districts.
3 (2) During the 2001-2002 fiscal year, district school
4 boards may use funds reserved to comply with section
5 230.23(5)(c), Florida Statutes, to maintain board-specified
6 classroom instruction. However, each district's 2002-2003
7 adopted district school board budget must comply with section
8 230.23(5)(c), Florida Statutes.
9 Section 4. Paragraph 7 of the proviso language for
10 Specific Appropriation 118 of chapter 2001-253, Laws of
11 Florida, is repealed.
12 Section 5. (1) During the 2001-2002 fiscal year,
13 community college boards of trustees and university boards of
14 trustees may amend their operating budgets, but they must
15 maintain the integrity of the legislative appropriations
16 categories.
17 (2) Notwithstanding any provisions of law to the
18 contrary and pursuant to the provisions of section 216.351,
19 Florida Statutes, community college boards of trustees are
20 granted flexibility to expend funds appropriated in the state
21 appropriation categories of Workforce Development, Performance
22 Based Incentives, and the Community College Program Fund as
23 the board determines will enable it to best meet the financial
24 needs of the college during fiscal year 2001-2002, regardless
25 of any restrictions or earmarks that have been made by the
26 Legislature. The expenditure decisions by the board must not
27 affect the college's allocation from these specific
28 appropriations in future state appropriations. In addition,
29 this flexibility is also granted:
30 (a) To each board to determine how the college will
31 expend its appropriation from High Demand-Return on Investment
4
11:38 AM 12/05/01 c0013Cc-01
CONFERENCE COMMITTEE AMENDMENT
Bill No. HB 13-C, 1st Eng.
Amendment No. 1 Barcode 083592
1 categorical appropriation for fiscal year 2001-2002;
2 (b) To Miami-Dade Community College and Florida
3 Community College at Jacksonville for funds originally
4 appropriated for construction training; and
5 (c) To Lake-Sumter Community College for funds
6 originally appropriated only for technology.
7 (3) Transfers made pursuant to this section must not
8 require future increases in appropriations and must further
9 the mission of the institutions and improve the ability to
10 meet performance expectations referenced in section 55 of
11 chapter 2001-254, Laws of Florida. Maximum consideration must
12 be given to maintaining instruction and other services for
13 students.
14 Section 6. Subsection (2) of section 235.187, Florida
15 Statutes, is amended and subsection (6) is added to that
16 section to read:
17 235.187 Classrooms First Program; uses.--
18 (2) A district school board shall expend the funds
19 received pursuant to this section only to:
20 (a) Construct, renovate, remodel, repair, or maintain
21 educational facilities; or
22 (b) Pay debt service on bonds issued pursuant to this
23 section, the proceeds of which must be expended for new
24 construction, remodeling, renovation, and major repairs. Bond
25 proceeds shall be expended first for providing permanent
26 classroom facilities. Bond proceeds shall not be expended for
27 any other facilities until all unmet needs for permanent
28 classrooms and auxiliary facilities as defined in s. 235.011
29 have been satisfied; or.
30 (c) Provide loans to other school districts for new
31 school construction pursuant to subsection (6).
5
11:38 AM 12/05/01 c0013Cc-01
CONFERENCE COMMITTEE AMENDMENT
Bill No. HB 13-C, 1st Eng.
Amendment No. 1 Barcode 083592
1
2 However, if more than 9 percent of a district's total square
3 feet is more than 50 years old, the district must spend at
4 least 25 percent of its allocation on the renovation, major
5 repair, or remodeling of existing schools, except that
6 districts with fewer than 10,000 full-time equivalent students
7 are exempt from this requirement.
8 (6) School districts may enter into interlocal
9 agreements to lend their Classrooms First Program funds as
10 provided in paragraph (2)(c). A school district or multiple
11 school districts that receive cash proceeds may, after
12 considering their own new construction needs outlined in their
13 5-year district facilities work program, lend their Classrooms
14 First Program funds to another school district that has need
15 for new facilities. The interlocal agreement must be approved
16 by the Secretary of Education and must outline the amount of
17 the funds to be lent, the term of the loan, the repayment
18 schedule, and any interest amount to be repaid in addition to
19 the principal amount of the loan.
20 Section 7. This act shall take effect upon becoming a
21 law and, except for section 6, expires June 30, 2002.
22
23
24 ================ T I T L E A M E N D M E N T ===============
25 And the title is amended as follows:
26 Delete everything before the enacting clause
27
28 and insert:
29 A bill to be entitled
30 An act relating to education funding; creating
31 the "K-20 Funds Flexibility Act"; granting the
6
11:38 AM 12/05/01 c0013Cc-01
CONFERENCE COMMITTEE AMENDMENT
Bill No. HB 13-C, 1st Eng.
Amendment No. 1 Barcode 083592
1 Commissioner of Education and Secretary of
2 Education flexibility with respect to specified
3 provisions; providing for school district
4 flexibility in the expenditure during the
5 2001-2002 fiscal year of specified funds
6 appropriated in ch. 2001-253, Laws of Florida;
7 providing for reports; providing for districts
8 to use reserved funds for classroom
9 instruction; providing for compliance with s.
10 230.23, F.S.; repealing paragraph 7 of proviso
11 language for Specific Appropriation 118, ch.
12 2001-253, Laws of Florida, which provides for
13 calculation of a minimum guaranteed level of
14 funding for school districts; providing
15 flexibility for community college and
16 university boards of trustees in amending
17 operating budgets; providing flexibility for
18 community college boards of trustees to
19 transfer funds between specified programs;
20 providing that transfers must meet certain
21 criteria and improve the ability to meet
22 performance expectations; amending s. 235.187,
23 F.S.; providing for loans of Classrooms First
24 Program cash proceeds between school districts;
25 providing for expiration; providing an
26 effective date.
27
28 WHEREAS, the Legislature has established a seamless
29 K-20 education governance system, NOW, THEREFORE,
30
31
7
11:38 AM 12/05/01 c0013Cc-01