| 1 | Representative(s) Pickens offered the following: |
| 2 |
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| 3 | Amendment to Senate Amendment (172566) (with title |
| 4 | amendment) |
| 5 | On page 2, line(s) 19, insert: |
| 6 | Section 5. Paragraph (b) of subsection (2) of section |
| 7 | 287.055, Florida Statutes, is amended, and paragraph (e) is |
| 8 | added to subsection (4) of said section, to read: |
| 9 | 287.055 Acquisition of professional architectural, |
| 10 | engineering, landscape architectural, or surveying and mapping |
| 11 | services; definitions; procedures; contingent fees prohibited; |
| 12 | penalties.-- |
| 13 | (2) DEFINITIONS.--For purposes of this section: |
| 14 | (b) "Agency" means the state, a state agency, a |
| 15 | municipality, a political subdivision, a school district, or a |
| 16 | school board, or a regional consortium service organization |
| 17 | formed under s. 1001.451. The term "agency" does not extend to a |
| 18 | nongovernmental developer that contributes public facilities to |
| 19 | a political subdivision under s. 380.06 or ss. 163.3220- |
| 20 | 163.3243. |
| 21 | (4) COMPETITIVE SELECTION.-- |
| 22 | (e) A member of a regional consortium service |
| 23 | organization, formed under s. 1001.451, may make purchases under |
| 24 | contracts procured pursuant to this section. |
| 25 | Section 6. Section 1001.453, Florida Statutes, is amended |
| 26 | to read: |
| 27 | 1001.453 Direct-support organization; use of property; |
| 28 | board of directors; audit.-- |
| 29 | (1) DEFINITIONS.--For the purposes of this section, the |
| 30 | term: |
| 31 | (a) "District school board Direct-support organization" |
| 32 | means a district school board direct-support organization or a |
| 33 | regional consortium service organization direct-support an |
| 34 | organization that: |
| 35 | 1. Is approved by the district school board or regional |
| 36 | consortium service organization board of directors; |
| 37 | 2. Is a Florida corporation not for profit, incorporated |
| 38 | under the provisions of chapter 617 and approved by the |
| 39 | Department of State; and |
| 40 | 3. Is organized and operated exclusively to receive, hold, |
| 41 | invest, and administer property and to make expenditures to or |
| 42 | for the benefit of public kindergarten through 12th grade |
| 43 | education and adult career and community education programs in |
| 44 | this state. |
| 45 | (b) "Personal services" includes full-time or part-time |
| 46 | personnel, as well as payroll processing. |
| 47 | (c) "Regional consortium service organization" means an |
| 48 | organization formed under s. 1001.451. |
| 49 | (2) USE OF PROPERTY.--A district school board or regional |
| 50 | consortium service organization board of directors: |
| 51 | (a) Is authorized to permit the use of property, |
| 52 | facilities, and personal services of the district or regional |
| 53 | consortium service organization by a direct-support |
| 54 | organization, subject to the provisions of this section. |
| 55 | (b) Shall prescribe by rule conditions with which a |
| 56 | district school board direct-support organization must comply in |
| 57 | order to use property, facilities, or personal services of the |
| 58 | district or regional consortium service organization. Adoption |
| 59 | of such rules shall be coordinated with the Department of |
| 60 | Education. The rules shall provide for budget and audit review |
| 61 | and oversight by the district school board or regional |
| 62 | consortium service organization board of directors and the |
| 63 | department. |
| 64 | (c) Shall not permit the use of property, facilities, or |
| 65 | personal services of a direct-support organization if such |
| 66 | organization does not provide equal employment opportunities to |
| 67 | all persons, regardless of race, color, religion, sex, age, or |
| 68 | national origin. |
| 69 | (3) BOARD OF DIRECTORS.--The board of directors of the |
| 70 | district school board direct-support organization shall be |
| 71 | approved by the district school board or the regional consortium |
| 72 | service organization board of directors. |
| 73 | (4) ANNUAL AUDIT.--Each direct-support organization with |
| 74 | more than $100,000 in expenditures or expenses shall provide for |
| 75 | an annual financial audit of its financial statements in order |
| 76 | to express an opinion on the fairness with which the financial |
| 77 | statements are presented in conformance with generally accepted |
| 78 | accounting principles. The audit is accounts and records, to be |
| 79 | conducted by an independent certified public accountant in |
| 80 | accordance with rules adopted by the Auditor General pursuant to |
| 81 | s. 11.45(8) and the Commissioner of Education. The annual audit |
| 82 | report shall be submitted to the Auditor General and the |
| 83 | district school board or regional consortium service |
| 84 | organization board of directors for review within 9 months after |
| 85 | the end of the fiscal year or by the date established by year's |
| 86 | end to the district school board or regional consortium service |
| 87 | organization board of directors and the Auditor General, |
| 88 | whichever is earlier. The Commissioner of Education, the Auditor |
| 89 | General, and the Office of Program Policy Analysis and |
| 90 | Government Accountability have the authority to require and |
| 91 | receive from the organization or the district auditor or |
| 92 | regional consortium service organization auditor any records |
| 93 | relative to the operation of the organization. The identity of |
| 94 | donors and all information identifying donors and prospective |
| 95 | donors are confidential and exempt from the provisions of s. |
| 96 | 119.07(1), and that anonymity shall be maintained in the |
| 97 | auditor's report. All other records and information shall be |
| 98 | considered public records for the purposes of chapter 119. |
| 99 | Section 7. Section 1010.09, Florida Statutes, is amended |
| 100 | to read: |
| 101 | 1010.09 Direct-support organizations.--School district, |
| 102 | regional consortium service organization, community college, and |
| 103 | university direct-support organizations shall be organized and |
| 104 | conducted under the provisions of ss. 1001.453, 1004.28, and |
| 105 | 1004.70 and rules of the State Board of Education, as |
| 106 | applicable. |
| 107 | Section 8. Section 1011.765, Florida Statutes, is amended |
| 108 | to read: |
| 109 | 1011.765 Florida Academic Improvement Trust Fund matching |
| 110 | grants.-- |
| 111 | (1) MATCHING GRANTS.--The Florida Academic Improvement |
| 112 | Trust Fund shall be utilized to provide matching grants to the |
| 113 | Florida School for the Deaf and the Blind Endowment Fund, and to |
| 114 | any public school district education foundation, and any |
| 115 | regional consortium service organization education foundation |
| 116 | that meets the requirements of this section and is recognized by |
| 117 | the local school district as a its designated K-12 education |
| 118 | foundation. For purposes of this section, "regional consortium |
| 119 | service organization" means an organization formed under s. |
| 120 | 1001.451. |
| 121 | (a) The State Board of Education shall adopt rules for the |
| 122 | administration, submission, documentation, evaluation, and |
| 123 | approval of requests for matching funds and for maintaining |
| 124 | accountability for matching funds. |
| 125 | (b) Donations, state matching funds, or proceeds from |
| 126 | endowments established pursuant to this section shall be used at |
| 127 | the discretion of the public school district education |
| 128 | foundation, the regional consortium service organization |
| 129 | education foundation, or the Florida School for the Deaf and the |
| 130 | Blind for academic achievement within the school district, |
| 131 | school districts, or school, and shall not be expended for the |
| 132 | construction of facilities or for the support of interscholastic |
| 133 | athletics. A No public school district education foundation, a |
| 134 | regional consortium service organization education foundation, |
| 135 | or the Florida School for the Deaf and the Blind shall not |
| 136 | accept or purchase facilities for which the state will be asked |
| 137 | for operating funds unless the Legislature has granted prior |
| 138 | approval for such acquisition. |
| 139 | (2) ALLOCATION OF THE TRUST FUND.--Funds appropriated to |
| 140 | the Florida Academic Improvement Trust Fund shall be allocated |
| 141 | by the Department of Education in the following manner: |
| 142 | (a) For every year in which there is a legislative |
| 143 | appropriation to the trust fund, an equal amount of the annual |
| 144 | appropriation, to be determined by dividing the total |
| 145 | legislative appropriation by the number of local education |
| 146 | foundations and regional consortium service organization |
| 147 | education foundations, as well as the Florida School for the |
| 148 | Deaf and the Blind, must be reserved for each public school |
| 149 | district education foundation, each regional consortium service |
| 150 | organization education foundation, and the Florida School for |
| 151 | the Deaf and the Blind Endowment Fund to provide each foundation |
| 152 | and the Florida School for the Deaf and the Blind with an |
| 153 | opportunity to receive and match appropriated funds. Trust funds |
| 154 | that remain unmatched by contribution on April 1 of any year |
| 155 | shall be made available for matching by any public school |
| 156 | district education foundation, by any regional consortium |
| 157 | service organization education foundation, and by the Florida |
| 158 | School for the Deaf and the Blind which shall have an |
| 159 | opportunity to apply for excess trust funds prior to the award |
| 160 | of such funds. |
| 161 | (b) Matching grants shall be proportionately allocated |
| 162 | from the trust fund on the basis of matching each $4 of state |
| 163 | funds with $6 of private funds. To be eligible for matching, a |
| 164 | minimum of $4,500 must be raised from private sources. |
| 165 | (c) Funds sufficient to provide the match shall be |
| 166 | transferred from the state trust fund to the public school |
| 167 | education foundation, to the regional consortium service |
| 168 | organization education foundation, or to the Florida School for |
| 169 | the Deaf and the Blind Endowment Fund upon notification that a |
| 170 | proportionate amount has been received and deposited by the |
| 171 | foundation or school into its own trust fund. |
| 172 | (d) If the total of the amounts to be distributed in any |
| 173 | quarter pursuant to this subsection exceeds the amount of funds |
| 174 | remaining from specific appropriations made for the |
| 175 | implementation of this section, all grants shall be |
| 176 | proportionately reduced so that the total of matching grants |
| 177 | distributed does not exceed available appropriations. |
| 178 | (3) GRANT ADMINISTRATION.-- |
| 179 | (a) Each public school district education foundation, each |
| 180 | regional consortium service organization education foundation, |
| 181 | and the Florida School for the Deaf and the Blind participating |
| 182 | in the Florida Academic Improvement Trust Fund shall separately |
| 183 | account for all funds received pursuant to this section, and may |
| 184 | establish its own academic improvement trust fund as a |
| 185 | depository for the private contributions, state matching funds, |
| 186 | and earnings on investments of such funds. State matching funds |
| 187 | shall be transferred to the public school district education |
| 188 | foundation, to the regional consortium service organization |
| 189 | education foundation, or to the Florida School for the Deaf and |
| 190 | the Blind Endowment Fund upon notification that the foundation |
| 191 | or school has received and deposited private contributions that |
| 192 | meet the criteria for matching as provided in this section. The |
| 193 | public school district education foundations, the regional |
| 194 | consortium service organization education foundations, and the |
| 195 | Florida School for the Deaf and the Blind are responsible for |
| 196 | the maintenance, investment, and administration of their |
| 197 | academic improvement trust funds. |
| 198 | (b) The public school district education foundations, the |
| 199 | regional consortium service organization education foundations, |
| 200 | and the Florida School for the Deaf and the Blind shall be |
| 201 | responsible for soliciting and receiving contributions to be |
| 202 | deposited and matched with grants for academic achievement |
| 203 | within the school district, school districts, or school. |
| 204 | (c) Each public school district education foundation, each |
| 205 | regional consortium service organization education foundation, |
| 206 | and the Florida School for the Deaf and the Blind shall be |
| 207 | responsible for proper expenditure of the funds received |
| 208 | pursuant to this section. |
| 209 |
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| 210 | ================= T I T L E A M E N D M E N T ================= |
| 211 | On page 3, line(s) 15, after the semicolon, insert: |
| 212 | amending s. 287.055, F.S.; including regional consortium |
| 213 | service organizations under provisions relating to |
| 214 | procurement and competitive selection of certain |
| 215 | professional services; amending 1001.453, F.S.; revising |
| 216 | definition of direct-support organization to include a |
| 217 | regional consortium service organization direct-support |
| 218 | organization; authorizing use of property and requiring |
| 219 | rules; providing for approval of a board of directors and |
| 220 | requiring audits; amending s. 1010.09, F.S.; conforming a |
| 221 | provision relating to direct-support organizations; |
| 222 | amending s. 1011.765, F.S.; providing that the Florida |
| 223 | Academic Improvement Trust Fund shall be utilized to |
| 224 | provide matching grants to regional consortium service |
| 225 | organization education foundations; |