HB 0029 2003
1	A bill to be entitled
2	An act relating to financial matters of school districts;
3	creating s. 1010.217, F.S.; providing for school service
4	accountability; providing a popular name; requiring
5	written analyses of the cost, level, and quality of
6	service for certain noninstructional services; providing
7	for a request for proposals or solicitation of bids to
8	contract with private-sector providers for services;
9	providing for disclosure; providing for the use of cost
10	savings; requiring reports; providing an appropriation;
11	providing an effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1. Section 1010.217, Florida Statutes, is created
16	to read:
17	1010.217 School Service Accountability Act.--
18	(1) This section shall be known by the popular name “The
19	School Service Accountability Act of 2003."
20	(2) It is the intent of the Legislature to promote
21	effective and cost-efficient noninstructional services.
22	Accordingly, the Legislature believes that this intent is best
23	served when school districts analyze the provision of services
24	such as student transportation, food services, and facilities
25	operations and maintenance to determine the optimal balance
26	between the costs associated with providing such services and
27	the quality of the services provided. When this intent is best
28	served by private-sector providers, school districts may
29	contract with such providers for these services. Any cost
30	savings that result shall be redirected to educational services
31	for students or to bonuses for classroom teachers. It is the
32	further intent of the Legislature that this be an ongoing,
33	periodic activity of all school districts.
34	(3)(a) Each district school board shall conduct a written
35	analysis of the cost, level, and quality of services associated
36	with the following noninstructional services for which it has
37	not already contracted: student transportation, food services,
38	and facilities operations and maintenance. The district school
39	board shall issue a request for proposals or solicitation of
40	bids for the provision of these noninstructional services for
41	which it has not already contracted. The required analyses and
42	the request for proposals or solicitation of bids shall be in a
43	form consistent with that provided to the Department of
44	Education by the Florida School Boards Association and Florida
45	TaxWatch.
46	(b) Each district school board shall conduct a written
47	analysis of the cost, level, and quality of services, and shall
48	issue a request for proposals or solicitation of bids, for the
49	following:
50	1. During the 2003-2004 school year, any one of the
51	noninstructional services listed in this section for which it
52	has not already contracted.
53	2. During the 2004-2005 school year, one of the other
54	noninstructional services listed in this section for which it
55	has not already contracted.
56	3. During the 2005-2006 school year, any remaining
57	noninstrucional services listed in this section for which it has
58	not already contracted.
59
60	After the 2005-2006 school year, any school district that has
61	not contracted for the provision of a noninstructional service
62	listed in this section shall periodically conduct an analysis of
63	such service according to the requirements of this section.
64	(4) School districts may form consortia for the purpose of
65	conducting an analysis and request for proposals or solicitation
66	of bids unless otherwise prohibited by law for a specific
67	noninstructional service.
68	(5) Within 30 days after conclusion of the bid process,
69	the district school board, at a regularly scheduled board
70	meeting, shall disclose and discuss the responses to the request
71	for proposals or solicitation of bids, including a written
72	comparison to the analysis required in subsection (3) and a
73	written report of the results of the bid process.
74	(6) Notwithstanding any other provision of law, any cost
75	savings realized by a school district through the provision of
76	contracted noninstructional services pursuant to this section
77	shall be retained by the school district and shall be used for
78	the improvement of educational services for students or for
79	bonuses for classroom teachers. Use of cost savings earned in
80	the provision of food services shall be governed by federal
81	regulations.
82	(7) The Department of Education shall provide technical
83	assistance to school districts for the purpose of implementing
84	this section.
85	(8) Annually, as of January 1, each district school board
86	shall report the results of implementation of this section to
87	the Commissioner of Education. The report shall include:
88	(a) New private-sector contracts for the listed
89	noninstructional services.
90	(b) The anticipated cost savings associated with each new
91	private-sector contract.
92	(c) The district school board authorized use of the
93	anticipated savings.
94	(d) Actual cost savings and use of savings of prior-year
95	private-sector contracts.
96	(e) A description of each instance in which a request for
97	proposals or solicitation of bids process did not result in a
98	private-sector contract, including a comparison of the school
99	district cost obtained from the cost analysis to the cost
100	proposed by each bidder, the school district's reasoning for not
101	entering into a contract, and where the school district's action
102	or inaction is documented in public records.
103	(9) Annually, by February 1, the Commissioner of Education
104	shall issue to the Governor, the Speaker of the House of
105	Representatives, and the President of the Senate a report that
106	consolidates information submitted by the school districts to
107	the commissioner pursuant to subsection (8).
108	Section 2.There is hereby appropriated from the General
109	Revenue Fund to the Department of Education for fiscal year
110	2003-2004 the sum of $600,000 to implement the provisions of
111	this act. It is the intent of the Legislature to appropriate
112	annually for fiscal years 2004-2005 and 2005-2006 an amount
113	necessary to continue implementation of this act.
114	Section 3. This act shall take effect July 1, 2003.
115