SENATE AMENDMENT
Bill No. HB 13-C, 1st Eng.
Amendment No. ___ Barcode 960242
CHAMBER ACTION
Senate House
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11 Senator Sullivan moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. This act may be cited as the "K-20 Funds
18 Flexibility Act."
19 Section 2. (1) Notwithstanding section 216.292(3)(a)
20 and (b), Florida Statutes, and pursuant to section 216.351,
21 Florida Statutes, the Commissioner of Education and the
22 Secretary of Education may transfer funds from identical fund
23 sources between Salaries and Benefits, Other Personal
24 Services, Expenses, and Operating Capital Outlay within, but
25 not among, the budget entities listed below:
26 (a) Office of Student Financial Assistance;
27 (b) Division of Public Schools -- Executive Direction
28 and Support Services;
29 (c) State Oversight and Assistance -- Public Schools;
30 (d) Division of Workforce Development -- Executive
31 Direction and Support Services;
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SENATE AMENDMENT
Bill No. HB 13-C, 1st Eng.
Amendment No. ___ Barcode 960242
1 (e) Division of Community Colleges -- Executive
2 Direction and Support Services; and
3 (f) Division of Universities -- Board of Regents
4 General Office.
5 (2) Transfers pursuant to this section may not exceed
6 the number of authorized positions and the approved salary
7 rate.
8 (3) Transfers pursuant to this section must be
9 consistent with K-20 legislative policy and intent and must
10 not adversely affect the oversight, evaluation, or reporting
11 duties for the Department of Education.
12 (4) The Secretary of Education shall report to the
13 Florida Board of Education the amount of funds transferred
14 pursuant to this section and the purpose of the transfer.
15 Section 3. (1)(a) During the 2001-2002 fiscal year,
16 each district school board is authorized the following
17 flexibility to expend funds allocated to the school district
18 from the appropriations in chapter 2001-253, Laws of Florida:
19 1. If a district school board finds and declares in a
20 resolution adopted at a regular meeting of the school board
21 that the funds received for any of the following programs are
22 urgently needed to maintain board-specified academic classroom
23 instruction, the school board may consider and approve an
24 amendment to the school district's 2001-2002 operating budget
25 transferring the identified amount of funds to the appropriate
26 account for expenditure:
27 a. Section 236.083, Florida Statutes, Funds for
28 Student Transportation, Specific Appropriation 121.
29 b. Section 236.081(3), Florida Statutes, Funds for
30 Inservice Educational Personnel Training, Specific
31 Appropriation 122.
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SENATE AMENDMENT
Bill No. HB 13-C, 1st Eng.
Amendment No. ___ Barcode 960242
1 c. Funds allocated for Safe Schools Activities,
2 Specific Appropriation 118.
3 d. Funds for Public School Technology, Specific
4 Appropriation 120A.
5 e. Funds for Teacher Recruitment Signing Bonuses,
6 Specific Appropriation 119, which are in excess of the amount
7 required to provide $850 Teacher Retention Bonuses.
8 f. Section 231.67, Florida Statutes, the Florida
9 Teacher Lead Program Stipend, Specific Appropriation 122A,
10 carry-forward funds only. Carry-forward funds from this
11 program may be used only after the district school board
12 certifies to the department that every eligible teacher has
13 received his or her stipend.
14 2. If the district school board finds that funds
15 allocated for the purpose set forth in section 236.08104,
16 Florida Statutes, Supplemental Academic Instruction, Specific
17 Appropriation 118, are budgeted to be expended for
18 nonclassroom instruction, the school board may consider and
19 approve an amendment to the school district's 2001-2002
20 operating budget transferring such funds to an appropriate
21 academic classroom instruction account for expenditure.
22 (b) Each district school board shall report to the
23 Department of Education the amount of funds it transferred
24 from each of the programs identified in this subsection and
25 the specific academic classroom instruction for which these
26 funds were expended. The department shall provide instructions
27 and specify the format to be used in submitting this required
28 information. The department shall submit to the Governor, the
29 President of the Senate, and the Speaker of the House of
30 Representatives a report showing the actions taken by each
31 district school board and a statewide summary for all school
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SENATE AMENDMENT
Bill No. HB 13-C, 1st Eng.
Amendment No. ___ Barcode 960242
1 districts.
2 (2) During the 2001-2002 fiscal year, district school
3 boards may use funds reserved to comply with section
4 230.23(5)(c), Florida Statutes, to maintain board-specified
5 classroom instruction. However, each district's 2002-2003
6 adopted district school board budget must comply with section
7 230.23(5)(c), Florida Statutes.
8 Section 4. Paragraph 7 of the proviso language for
9 Specific Appropriation 118 of chapter 2001-253, Laws of
10 Florida, is repealed.
11 Section 5. (1) During the 2001-2002 fiscal year,
12 community college boards of trustees and university boards of
13 trustees may amend their operating budgets, but they must
14 maintain the integrity of the legislative appropriations
15 categories.
16 (2) Notwithstanding any provisions of law to the
17 contrary and pursuant to the provisions of section 216.351,
18 Florida Statutes, community college boards of trustees are
19 granted flexibility to expend funds appropriated in the state
20 appropriation categories of Workforce Development, Performance
21 Based Incentives, and the Community College Program Fund as
22 the board determines will enable it to best meet the financial
23 needs of the college during fiscal year 2001-2002, regardless
24 of any restrictions or earmarks that have been made by the
25 Legislature. The expenditure decisions by the board must not
26 affect the college's allocation from these specific
27 appropriations in future state appropriations. In addition,
28 this flexibility is also granted:
29 (a) To each board to determine how the college will
30 expend its appropriation from High Demand-Return on Investment
31 categorical appropriation for fiscal year 2001-2002;
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SENATE AMENDMENT
Bill No. HB 13-C, 1st Eng.
Amendment No. ___ Barcode 960242
1 (b) To Miami-Dade Community College and Florida
2 Community College at Jacksonville for funds originally
3 appropriated for construction training; and
4 (c) To Lake-Sumter Community College for funds
5 originally appropriated only for technology.
6 (3) Transfers made pursuant to this section must not
7 require future increases in appropriations and must further
8 the mission of the institutions and improve the ability to
9 meet performance expectations referenced in section 55 of
10 chapter 2001-254, Laws of Florida. Maximum consideration must
11 be given to maintaining instruction and other services for
12 students.
13 Section 6. Subsection (2) of section 235.187, Florida
14 Statutes, is amended and subsection (6) is added to that
15 section to read:
16 235.187 Classrooms First Program; uses.--
17 (2) A district school board shall expend the funds
18 received pursuant to this section only to:
19 (a) Construct, renovate, remodel, repair, or maintain
20 educational facilities; or
21 (b) Pay debt service on bonds issued pursuant to this
22 section, the proceeds of which must be expended for new
23 construction, remodeling, renovation, and major repairs. Bond
24 proceeds shall be expended first for providing permanent
25 classroom facilities. Bond proceeds shall not be expended for
26 any other facilities until all unmet needs for permanent
27 classrooms and auxiliary facilities as defined in s. 235.011
28 have been satisfied; or.
29 (c) Provide loans to other school districts for new
30 school construction pursuant to subsection (6).
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SENATE AMENDMENT
Bill No. HB 13-C, 1st Eng.
Amendment No. ___ Barcode 960242
1 However, if more than 9 percent of a district's total square
2 feet is more than 50 years old, the district must spend at
3 least 25 percent of its allocation on the renovation, major
4 repair, or remodeling of existing schools, except that
5 districts with fewer than 10,000 full-time equivalent students
6 are exempt from this requirement.
7 (6) School districts may enter into interlocal
8 agreements to lend their Classrooms First Program funds as
9 provided in paragraph (2)(c). A school district or multiple
10 school districts that receive cash proceeds may, after
11 considering their own new construction needs outlined in their
12 5-year district facilities work program, lend their Classrooms
13 First Program funds to another school district that has need
14 for new facilities. The interlocal agreement must be approved
15 by the Secretary of Education and must outline the amount of
16 the funds to be lent, the term of the loan, the repayment
17 schedule, and any interest amount to be repaid in addition to
18 the principal amount of the loan.
19 Section 7. This act shall take effect upon becoming a
20 law and, except for section 6, expires June 30, 2002.
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24 And the title is amended as follows:
25 Delete everything before the enacting clause
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27 and insert:
28 A bill to be entitled
29 An act relating to education funding; creating
30 the "K-20 Funds Flexibility Act"; granting the
31 Commissioner of Education and Secretary of
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SENATE AMENDMENT
Bill No. HB 13-C, 1st Eng.
Amendment No. ___ Barcode 960242
1 Education flexibility with respect to specified
2 provisions; providing for school district
3 flexibility in the expenditure during the
4 2001-2002 fiscal year of specified funds
5 appropriated in ch. 2001-253, Laws of Florida;
6 providing for reports; providing for districts
7 to use reserved funds for classroom
8 instruction; providing for compliance with s.
9 230.23, F.S.; repealing paragraph 7 of proviso
10 language for Specific Appropriation 118, ch.
11 2001-253, Laws of Florida, which provides for
12 calculation of a minimum guaranteed level of
13 funding for school districts; providing
14 flexibility for community college and
15 university boards of trustees in amending
16 operating budgets; providing flexibility for
17 community college boards of trustees to
18 transfer funds between specified programs;
19 providing that transfers must meet certain
20 criteria and improve the ability to meet
21 performance expectations; amending s. 235.187,
22 F.S.; providing for loans of Classrooms First
23 Program cash proceeds between school districts;
24 providing for expiration; providing an
25 effective date.
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27 WHEREAS, the Legislature has established a seamless
28 K-20 education governance system, NOW, THEREFORE,
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