House Bill hb0013Cer

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    ENROLLED

    2001 Legislature                     HB 13-C, Second Engrossed



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  2         An act relating to education funding; creating

  3         the "K-20 Funds Flexibility Act"; granting the

  4         Commissioner of Education and Secretary of

  5         Education flexibility with respect to specified

  6         provisions; providing for school district

  7         flexibility in the expenditure during the

  8         2001-2002 fiscal year of specified funds

  9         appropriated in ch. 2001-253, Laws of Florida;

10         providing for reports; providing for districts

11         to use reserved funds for classroom

12         instruction; providing for compliance with s.

13         230.23, F.S.; repealing paragraph 7 of proviso

14         language for Specific Appropriation 118, ch.

15         2001-253, Laws of Florida, which provides for

16         calculation of a minimum guaranteed level of

17         funding for school districts; providing

18         flexibility for community college and

19         university boards of trustees in amending

20         operating budgets; providing flexibility for

21         community college boards of trustees to

22         transfer funds between specified programs;

23         providing that transfers must meet certain

24         criteria and improve the ability to meet

25         performance expectations; amending s. 235.187,

26         F.S.; providing for loans of Classrooms First

27         Program cash proceeds between school districts;

28         providing for expiration; providing an

29         effective date.

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    ENROLLED

    2001 Legislature                     HB 13-C, Second Engrossed



  1         WHEREAS, the Legislature has established a Seamless

  2  K-20 education governance system, NOW THEREFORE,

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

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  6         Section 1.  This act may be cited as the "K-20 Funds

  7  Flexibility Act." 

  8         Section 2.  (1)  Notwithstanding section 216.292(3)(a)

  9  and (b), Florida Statutes, and pursuant to section 216.351,

10  Florida Statutes, the Commissioner of Education and the

11  Secretary of Education may transfer funds from identical fund

12  sources between Salaries and Benefits, Other Personal

13  Services, Expenses, and Operating Capital Outlay within, but

14  not among, the budget entities listed below:

15         (a)  Office of Student Financial Assistance;

16         (b)  Division of Public Schools -- Executive Direction

17  and Support Services;

18         (c)  State Oversight and Assistance -- Public Schools;

19         (d)  Division of Workforce Development -- Executive

20  Direction and Support Services;

21         (e)  Division of Community Colleges -- Executive

22  Direction and Support Services; and

23         (f)  Division of Universities -- Board of Regents

24  General Office.

25         (2)  Transfers pursuant to this section may not exceed

26  the number of authorized positions and the approved salary

27  rate.

28         (3)  Transfers pursuant to this section must be

29  consistent with K-20 legislative policy and intent and must

30  not adversely affect the oversight, evaluation, or reporting

31  duties for the Department of Education.


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    2001 Legislature                     HB 13-C, Second Engrossed



  1         (4)  The Secretary of Education shall report to the

  2  Florida Board of Education the amount of funds transferred

  3  pursuant to this section and the purpose of the transfer.

  4         Section 3.  (1)(a)  During the 2001-2002 fiscal year,

  5  each district school board is authorized the following

  6  flexibility to expend funds allocated to the school district

  7  from the appropriations in chapter 2001-253, Laws of Florida:

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

  9  resolution adopted at a regular meeting of the school board

10  that the funds received for any of the following programs are

11  urgently needed to maintain board-specified academic classroom

12  instruction, the school board may consider and approve an

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

14  transferring the identified amount of funds to the appropriate

15  account for expenditure:

16         a.  Section 236.083, Florida Statutes, Funds for

17  Student Transportation, Specific Appropriation 121.

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

19  Inservice Educational Personnel Training, Specific

20  Appropriation 122.

21         c.  Funds allocated for Safe Schools Activities,

22  Specific Appropriation 118.

23         d.  Funds for Public School Technology, Specific

24  Appropriation 120A.

25         e.  Funds for Teacher Recruitment Signing Bonuses,

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

27  required to provide $850 Teacher Retention Bonuses.

28         f.  Section 231.67, Florida Statutes, the Florida

29  Teacher Lead Program Stipend, Specific Appropriation 122A,

30  carry-forward funds only. Carry-forward funds from this

31  program may be used only after the district school board


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    2001 Legislature                     HB 13-C, Second Engrossed



  1  certifies to the department that every eligible teacher has

  2  received his or her stipend.

  3         2.  If the district school board finds that funds

  4  allocated for the purpose set forth in section 236.08104,

  5  Florida Statutes, Supplemental Academic Instruction, Specific

  6  Appropriation 118, are budgeted to be expended for

  7  nonclassroom instruction, the school board may consider and

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

  9  operating budget transferring such funds to an appropriate

10  academic classroom instruction account for expenditure. 

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

12  Department of Education the amount of funds it transferred

13  from each of the programs identified in this subsection and

14  the specific academic classroom instruction for which these

15  funds were expended. The department shall provide instructions

16  and specify the format to be used in submitting this required

17  information. The department shall submit to the Governor, the

18  President of the Senate, and the Speaker of the House of

19  Representatives a report showing the actions taken by each

20  district school board and a statewide summary for all school

21  districts.

22         (2)  During the 2001-2002 fiscal year, district school

23  boards may use funds reserved to comply with section

24  230.23(5)(c), Florida Statutes, to maintain board-specified

25  classroom instruction.  However, each district's 2002-2003

26  adopted district school board budget must comply with section

27  230.23(5)(c), Florida Statutes.

28         Section 4.  Paragraph 7 of the proviso language for

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

30  Florida, is repealed.

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    2001 Legislature                     HB 13-C, Second Engrossed



  1         Section 5.  (1)  During the 2001-2002 fiscal year,

  2  community college boards of trustees and university boards of

  3  trustees may amend their operating budgets, but they must

  4  maintain the integrity of the legislative appropriations

  5  categories.

  6         (2)  Notwithstanding any provisions of law to the

  7  contrary and pursuant to the provisions of section 216.351,

  8  Florida Statutes, community college boards of trustees are

  9  granted flexibility to expend funds appropriated in the state

10  appropriation categories of Workforce Development, Performance

11  Based Incentives, and the Community College Program Fund as

12  the board determines will enable it to best meet the financial

13  needs of the college during fiscal year 2001-2002, regardless

14  of any restrictions or earmarks that have been made by the

15  Legislature. The expenditure decisions by the board must not

16  affect the college's allocation from these specific

17  appropriations in future state appropriations. In addition,

18  this flexibility is also granted:

19         (a)  To each board to determine how the college will

20  expend its appropriation from High Demand-Return on Investment

21  categorical appropriation for fiscal year 2001-2002;

22         (b)  To Miami-Dade Community College and Florida

23  Community College at Jacksonville for funds originally

24  appropriated for construction training; and

25         (c)  To Lake-Sumter Community College for funds

26  originally appropriated only for technology.

27         (3)  Transfers made pursuant to this section must not

28  require future increases in appropriations and must further

29  the mission of the institutions and improve the ability to

30  meet performance expectations referenced in section 55 of

31  chapter 2001-254, Laws of Florida.  Maximum consideration must


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    2001 Legislature                     HB 13-C, Second Engrossed



  1  be given to maintaining instruction and other services for

  2  students.

  3         Section 6.  Subsection (2) of section 235.187, Florida

  4  Statutes, is amended and subsection (6) is added to that

  5  section to read:

  6         235.187  Classrooms First Program; uses.--

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

  8  received pursuant to this section only to:

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

10  educational facilities; or

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

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

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

14  proceeds shall be expended first for providing permanent

15  classroom facilities. Bond proceeds shall not be expended for

16  any other facilities until all unmet needs for permanent

17  classrooms and auxiliary facilities as defined in s. 235.011

18  have been satisfied; or.

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

20  school construction pursuant to subsection (6).

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

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

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

25  repair, or remodeling of existing schools, except that

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

27  are exempt from this requirement.

28         (6)  School districts may enter into interlocal

29  agreements to lend their Classrooms First Program funds as

30  provided in paragraph (2)(c).  A school district or multiple

31  school districts that receive cash proceeds may, after


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    2001 Legislature                     HB 13-C, Second Engrossed



  1  considering their own new construction needs outlined in their

  2  5-year district facilities work program, lend their Classrooms

  3  First Program funds to another school district that has need

  4  for new facilities.  The interlocal agreement must be approved

  5  by the Secretary of Education and must outline the amount of

  6  the funds to be lent, the term of the loan, the repayment

  7  schedule, and any interest amount to be repaid in addition to

  8  the principal amount of the loan.

  9         Section 7.  This act shall take effect upon becoming a

10  law and, except for section 6, expires June 30, 2002.

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