House Bill hb0013Ce1

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                                          HB 13-C, First Engrossed



  1                      A bill to be entitled

  2         An act relating to public school funding;

  3         creating the "School District Flexibility Act

  4         of 2001"; providing for school district

  5         flexibility in the 2001-2002 fiscal year

  6         expenditure of specified funds appropriated in

  7         ch. 2001-253, Laws of Florida; providing for

  8         reports; authorizing equalized nonvoted capital

  9         improvement millage to be expended for

10         operations in fiscal year 2001-2002; providing

11         for repeal; repealing paragraph 7 of proviso

12         language for Specific Appropriation 118, ch.

13         2001-253, Laws of Florida, which provides for

14         calculation of a minimum guaranteed level of

15         funding for school districts; amending s.

16         235.187, F.S.; to provide for district loans of

17         Classrooms First Program funds; providing an

18         effective date.

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

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22         Section 1.  School District Flexibility Act of 2001.--

23         (1)  This section may be cited as the "School District

24  Flexibility Act of 2001."

25         (2)(a)  During the 2001-2002 fiscal year, each district

26  school board is authorized flexibility to expend funds

27  allocated to the school district from the appropriations in

28  chapter 2001-253, Laws of Florida, as provided below:

29         1.  If a district school board finds and declares in a

30  resolution adopted at a regular meeting of the school board

31  that the funds received for the programs listed below are


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                                          HB 13-C, First Engrossed



  1  urgently needed to maintain board specified academic classroom

  2  instruction, the school board may consider and approve an

  3  amendment to the school district's 2001-2002 operating budget

  4  transferring the identified amount of funds to the appropriate

  5  account for expenditure.

  6         a.  Section 236.083, Florida Statutes, Funds for

  7  Student Transportation, Specific Appropriation 121.

  8         b.  Section 236.081(3), Florida Statutes, Funds for

  9  Inservice Educational Personnel Training, Specific

10  Appropriation 122.

11         c.  Funds allocated for Safe Schools Activities,

12  Specific Appropriation 118.

13         d.  Funds for Public School Technology, Specific

14  Appropriation 120A.

15         e.  Funds for Teacher Recruitment Signing Bonuses,

16  Specific Appropriation 119, which are in excess of the amount

17  required to provide $850 Teacher Retention Bonuses.

18         2.  If the district school board finds that funds

19  allocated for the purpose set forth in s. 236.08104, Florida

20  Statutes, Supplemental Academic Instruction, Specific

21  Appropriation 118, are budgeted to be expended for

22  nonclassroom instruction, the school board may consider and

23  approve an amendment to the school district's 2001-2002

24  operating budget transferring such funds to an appropriate

25  academic classroom instruction account for expenditure.

26         (b)  Each district school board shall report to the

27  Department of Education the amount of funds it transferred

28  from each of the programs identified in this subsection and

29  the specific academic classroom instruction for which these

30  funds were expended. The department shall provide instructions

31  and format to be used in submitting this required information.


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                                          HB 13-C, First Engrossed



  1  The department shall submit to the Governor, the President of

  2  the Senate, and the Speaker of the House of Representatives a

  3  report showing the actions taken by each district school board

  4  and a statewide summary for all school districts.

  5         (3)(a)  To help mitigate the impact of the midyear

  6  reduction in the 2001-2002 fiscal year appropriation for the

  7  Florida Education Finance Program, each district school board

  8  is authorized to expend in its operating budget as

  9  nonrecurring funds up to 0.5 mills of its nonvoted capital

10  improvement millage levied pursuant to s. 236.25(2), Florida

11  Statutes, for the 2001-2002 fiscal year, that will produce an

12  amount not to exceed $183 per full-time equivalent student.

13  This authorized use of proceeds from this millage levy is in

14  addition to the authorized uses set forth in s. 236.25,

15  Florida Statutes, and is for the 2001-2002 fiscal year only.

16  Any proceeds from this millage levy used to replace the

17  midyear budget reduction in the Florida Education Finance

18  Program shall be transferred by budget amendment approved by

19  the district school board at a regular meeting of the school

20  board.

21         (b)  If the proceeds from 0.5 mills produce less than

22  $183 per full-time equivalent student in any school district,

23  the additional amount required to equal $183 per full-time

24  equivalent student shall be provided from state funds.

25         (c)  If a district school board has not levied

26  sufficient millage pursuant to s. 236.25(2), Florida Statutes,

27  for the 2001-2002 fiscal year to produce $183 per full-time

28  equivalent student and the school board has other similar

29  funds available, the school board may use such funds in lieu

30  of proceeds from millage.

31         (4)  This section is repealed effective June 30, 2002.


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                                          HB 13-C, First Engrossed



  1         Section 2.  Paragraph 7 of the proviso language for

  2  Specific Appropriation 118 of chapter 2001-253, Laws of

  3  Florida, is repealed.

  4         Section 3.  Subsection (2) is amended and new

  5  subsection (6) is added to section 235.187, Florida Statutes,

  6  to read:

  7         235.187 Classrooms First Program; uses.--

  8         (2)  A district school board shall expend the funds

  9  received pursuant to this section only to:

10         (a) Construct, renovate, remodel, repair, or maintain

11  educational facilities;or

12         (b)  Pay debt service on bonds issued pursuant to this

13  section, the proceeds of which must be expended for new

14  construction, remodeling, renovation, and major repairs. Bond

15  proceeds shall be expended first for providing permanent

16  classrooms facilities. Bond proceeds shall not be expended for

17  any other facilities until all unmet needs for permanent

18  classrooms and auxiliary facilities as defined in s. 235.011

19  have been satisfied; or.

20         (c)  Provide loans to other school districts for new

21  school construction pursuant to subsection (6).

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23  However, if more than 9 percent of a district's total square

24  feet is more than 50 years old, the district must spend at

25  least 25 percent of its allocation on the renovation, major

26  repair, or remodeling of existing schools, except that

27  districts with fewer than 10,000 full-time equivalent students

28  are exempt from this requirement.

29         (6)  School districts may enter into inter-local

30  agreements to loan their Classrooms First Program funds as

31  provided in subsection (2).  A school district or multiple


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                                          HB 13-C, First Engrossed



  1  school districts that receive cash proceeds may, after

  2  considering their own new construction needs outlined in their

  3  5-year district facilities work program, loan their Classrooms

  4  First Program funds to another school district that has need

  5  for new facilities.  The inter-local agreement must be

  6  approved by the Secretary of Education and must outline the

  7  following:  the amount of the funds to be loaned, the term of

  8  the loan, the repayment schedule, any interest amount to be

  9  repaid in addition to the principal amount of the loan.

10         Section 4.  This act shall take effect upon becoming a

11  law.

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