| 1 | Representative(s) Sansom offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause and insert: |
| 5 | Section 1. It is the intent of the Legislature that the |
| 6 | implementing and administering provisions of this act apply to |
| 7 | the act making appropriations and reductions in appropriations |
| 8 | for the 2007-2008 state fiscal year. |
| 9 | Section 2. In order to implement Specific Appropriations |
| 10 | 2, 11, 11A, 12, and 12A of House Bill 5001C, 2007C Special |
| 11 | Session, subsection (4) of section 1003.03, Florida Statutes, is |
| 12 | amended to read: |
| 13 | 1003.03 Maximum class size.-- |
| 14 | (4) ACCOUNTABILITY.-- |
| 15 | (a)1. Beginning in the 2003-2004 fiscal year, if the |
| 16 | department determines for any year that a school district has |
| 17 | not reduced average class size as required in subsection (2) at |
| 18 | the time of the third FEFP calculation, the department shall |
| 19 | calculate an amount from the class size reduction operating |
| 20 | categorical which is proportionate to the amount of class size |
| 21 | reduction not accomplished. Upon verification of the |
| 22 | department's calculation by the Florida Education Finance |
| 23 | Program Appropriation Allocation Conference and not later than |
| 24 | March 1 of each year, the Executive Office of the Governor shall |
| 25 | transfer undistributed funds equivalent to the calculated amount |
| 26 | from the district's class size reduction operating categorical |
| 27 | to an approved fixed capital outlay appropriation for class size |
| 28 | reduction in the affected district pursuant to s. 216.292(2)(d). |
| 29 | The amount of funds transferred shall be the lesser of the |
| 30 | amount verified by the Florida Education Finance Program |
| 31 | Appropriation Allocation Conference or the undistributed balance |
| 32 | of the district's class size reduction operating categorical. |
| 33 | 2. In lieu of the transfer required by subparagraph 1., |
| 34 | the Commissioner of Education may recommend a budget amendment, |
| 35 | subject to approval by the Legislative Budget Commission, to |
| 36 | transfer an alternative amount of funds from the district's |
| 37 | class size reduction operating categorical to its approved fixed |
| 38 | capital outlay account for class size reduction if the |
| 39 | commissioner finds that the State Board of Education has |
| 40 | reviewed evidence indicating that a district has been unable to |
| 41 | meet class size reduction requirements despite appropriate |
| 42 | effort to do so. The commissioner's budget amendment must be |
| 43 | submitted to the Legislative Budget Commission by February 15 of |
| 44 | each year. |
| 45 | (a)(b) Beginning in the 2005-2006 school year, the |
| 46 | department shall determine by January 15 of each year which |
| 47 | districts have not met the two-student-per-year reduction |
| 48 | required in subsection (2) based upon a comparison of the |
| 49 | district's October student membership survey for the current |
| 50 | school year and the February 2003 baseline student membership |
| 51 | survey. The department shall report such districts to the |
| 52 | Legislature. Each district that has not met the two-student-per- |
| 53 | year reduction shall be required to implement one of the |
| 54 | following policies in the subsequent school year unless the |
| 55 | department finds that the district comes into compliance based |
| 56 | upon the February student membership survey: |
| 57 | 1. Year-round schools; |
| 58 | 2. Double sessions; |
| 59 | 3. Rezoning; or |
| 60 | 4. Maximizing use of instructional staff by changing |
| 61 | required teacher loads and scheduling of planning periods, |
| 62 | deploying school district employees who have professional |
| 63 | certification to the classroom, using adjunct educators, |
| 64 | operating schools beyond the normal operating hours to provide |
| 65 | classes in the evening, or operating more than one session |
| 66 | during the day. |
| 67 |
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| 68 | A school district that is required to implement one of the |
| 69 | policies outlined in subparagraphs 1.-4. shall correct in the |
| 70 | year of implementation any past deficiencies and bring the |
| 71 | district into compliance with the two-student-per-year reduction |
| 72 | goals established for the district by the department pursuant to |
| 73 | subsection (2). A school district may choose to implement more |
| 74 | than one of these policies. The district school superintendent |
| 75 | shall report to the Commissioner of Education the extent to |
| 76 | which the district implemented any of the policies outlined in |
| 77 | subparagraphs 1.-4. in a format to be specified by the |
| 78 | Commissioner of Education. The Department of Education shall use |
| 79 | the enforcement authority provided in s. 1008.32 to ensure that |
| 80 | districts comply with the provisions of this paragraph. |
| 81 | (b)(c) Beginning in the 2006-2007 school year, the |
| 82 | department shall annually determine which districts do not meet |
| 83 | the requirements described in subsection (2). In addition to |
| 84 | enforcement authority provided in s. 1008.32, the Department of |
| 85 | Education shall develop a constitutional compliance plan for |
| 86 | each such district which includes, but is not limited to, |
| 87 | redrawing school attendance zones to maximize use of facilities |
| 88 | while minimizing the additional use of transportation unless the |
| 89 | department finds that the district comes into compliance based |
| 90 | upon the February student membership survey and the other |
| 91 | accountability policies listed in paragraph (a) (b). Each |
| 92 | district school board shall implement the constitutional |
| 93 | compliance plan developed by the state board until the district |
| 94 | complies with the constitutional class size maximums. |
| 95 | Section 3. The amendments to s. 1003.03, Florida Statutes, |
| 96 | made by this act shall expire July 1, 2008, and the text of that |
| 97 | section shall revert to that in existence on the day before the |
| 98 | effective date of this act, except that any amendments to such |
| 99 | text enacted other than by this act shall be preserved and |
| 100 | continue to operate to the extent that such amendments are not |
| 101 | dependent upon the portions of such text that expire pursuant to |
| 102 | this section. |
| 103 | Section 4. In order to implement Specific Appropriations |
| 104 | 11 and 11A of House Bill 5001C, 2007C Special Session, |
| 105 | subsection (2) of section 1006.36, Florida Statutes, is amended |
| 106 | to read: |
| 107 | 1006.36 Term of adoption for instructional materials.-- |
| 108 | (2) The department shall publish annually an official |
| 109 | schedule of subject areas to be called for adoption for each of |
| 110 | the succeeding 2 years, and a tentative schedule for years 3, 4, |
| 111 | 5, and 6. A district school board may delay the official |
| 112 | adoption schedule by 1 year. If extenuating circumstances |
| 113 | warrant, the commissioner may order the department to add one or |
| 114 | more subject areas to the official schedule, in which event the |
| 115 | commissioner shall develop criteria for such additional subject |
| 116 | area or areas and make them available to publishers as soon as |
| 117 | practicable before the date on which bids are due. The schedule |
| 118 | shall be developed so as to promote balance among the subject |
| 119 | areas so that the required expenditure for new instructional |
| 120 | materials is approximately the same each year in order to |
| 121 | maintain curricular consistency. |
| 122 | Section 5. The amendments to s. 1006.36, Florida Statutes, |
| 123 | made by this act shall expire July 1, 2008, and the text of that |
| 124 | section shall revert to that in existence on the day before the |
| 125 | effective date of this act, except that any amendments to such |
| 126 | text enacted other than by this act shall be preserved and |
| 127 | continue to operate to the extent that such amendments are not |
| 128 | dependent upon the portions of such text that expire pursuant to |
| 129 | this section. |
| 130 | Section 6. In order to implement Specific Appropriations |
| 131 | 11 and 11A of House Bill 5001C, 2007C Special Session, |
| 132 | subsection (6) of section 1011.62, Florida Statutes, is amended |
| 133 | to read: |
| 134 | 1011.62 Funds for operation of schools.--If the annual |
| 135 | allocation from the Florida Education Finance Program to each |
| 136 | district for operation of schools is not determined in the |
| 137 | annual appropriations act or the substantive bill implementing |
| 138 | the annual appropriations act, it shall be determined as |
| 139 | follows: |
| 140 | (6) CATEGORICAL FUNDS.-- |
| 141 | (a) In addition to the basic amount for current operations |
| 142 | for the FEFP as determined in subsection (1), the Legislature |
| 143 | may appropriate categorical funding for specified programs, |
| 144 | activities, or purposes. |
| 145 | (b) If a district school board finds and declares in a |
| 146 | resolution adopted at a regular meeting of the school board that |
| 147 | expenditures for administration and for all functions not core |
| 148 | to K-12 instruction have been reduced to the maximum extent |
| 149 | possible and that the funds received for any of the following |
| 150 | categorical appropriations are urgently needed to maintain |
| 151 | school board specified academic classroom instruction, the |
| 152 | school board may consider and approve an amendment to the school |
| 153 | district operating budget transferring the identified amount of |
| 154 | the categorical funds to the appropriate account for |
| 155 | expenditure: |
| 156 | 1. Funds for student transportation. |
| 157 | 2. Funds for safe schools. |
| 158 | 3. Funds for supplemental academic instruction. |
| 159 | 4. Funds for research-based reading instruction. |
| 160 | 5. Funds for instructional materials. |
| 161 | (c) Each district school board shall include in its annual |
| 162 | financial report to the Department of Education the amount of |
| 163 | funds the school board transferred from each of the categorical |
| 164 | funds identified in this subsection and the specific academic |
| 165 | classroom instruction for which the transferred funds were |
| 166 | expended. The Department of Education shall provide instructions |
| 167 | and specify the format to be used in submitting this required |
| 168 | information as a part of the district annual financial report. |
| 169 | The Department of Education shall provide to the Chair of the |
| 170 | Senate Fiscal Policy and Calendar Committee and the Chair of the |
| 171 | House Policy and Budget Council a report that identifies by |
| 172 | district and by categorical fund the amount transferred and the |
| 173 | specific academic classroom instruction for which the |
| 174 | transferred funds were expended. |
| 175 | (d) If a district school board transfers funds from its |
| 176 | research-based reading instruction allocation, the school board |
| 177 | must also submit to the Department of Education an amendment |
| 178 | describing the changes the district is making to its 2007-2008 |
| 179 | comprehensive reading plan approved pursuant to paragraph |
| 180 | (9)(d). |
| 181 | Section 7. The amendments to s. 1011.62, Florida Statutes, |
| 182 | made by this act shall expire July 1, 2008, and the text of that |
| 183 | section shall revert to that in existence on the day before the |
| 184 | effective date of this act, except that any amendments to such |
| 185 | text enacted other than by this act shall be preserved and |
| 186 | continue to operate to the extent that such amendments are not |
| 187 | dependent upon the portions of such text that expire pursuant to |
| 188 | this section. |
| 189 | Section 8. In order to implement Specific Appropriations |
| 190 | 11 and 11A of House Bill 5001C, 2007C Special Session, |
| 191 | subsection (3) of section 1011.71, Florida Statutes, is amended |
| 192 | to read: |
| 193 | 1011.71 District school tax.-- |
| 194 | (3) A school district that has met the reduction |
| 195 | requirements regarding class size for the current year pursuant |
| 196 | to s. 1003.03, has received an unqualified opinion on its |
| 197 | financial statements for the preceding 3 years, has no material |
| 198 | weaknesses or instances of material noncompliance noted in an |
| 199 | audit for the preceding 3 years, and certifies to the |
| 200 | Commissioner of Education that all of the district's |
| 201 | instructional space needs for the next 5 years can be met from |
| 202 | capital outlay sources that the district reasonably expects to |
| 203 | receive during the next 5 years from local revenues and from |
| 204 | currently appropriated state facilities funding or from |
| 205 | alternative scheduling or construction, leasing, rezoning, or |
| 206 | technological methodologies that exhibit sound management may |
| 207 | expend revenue generated by the millage levy authorized by |
| 208 | subsection (2) to fund, in addition to expenditures authorized |
| 209 | in paragraphs (2)(a)-(j), the following: |
| 210 | (a) The purchase, lease-purchase, or lease of driver's |
| 211 | education vehicles; motor vehicles used for the maintenance or |
| 212 | operation of plants and equipment; security vehicles; or |
| 213 | vehicles used in storing or distributing materials and |
| 214 | equipment. |
| 215 | (b) Payment of the cost of premiums for property and |
| 216 | casualty insurance necessary to insure school district |
| 217 | educational and ancillary plants. Operating revenues that are |
| 218 | made available through the payment of property and casualty |
| 219 | insurance premiums from revenues generated under this subsection |
| 220 | may be expended only for nonrecurring operational expenditures |
| 221 | of the school district. |
| 222 | Section 9. The amendments to s. 1011.71, Florida Statutes, |
| 223 | made by this act shall expire July 1, 2008, and the text of that |
| 224 | section shall revert to that in existence on the day before the |
| 225 | effective date of this act, except that any amendments to such |
| 226 | text enacted other than by this act shall be preserved and |
| 227 | continue to operate to the extent that such amendments are not |
| 228 | dependent upon the portions of such text that expire pursuant to |
| 229 | this section. |
| 230 | Section 10. In order to implement Specific Appropriations |
| 231 | 2 and 11 through 12A of House Bill 5001C, 2007C Special Session, |
| 232 | the calculations for the budget adjustments to the Florida |
| 233 | Education Finance Program for the 2007-2008 fiscal year in the |
| 234 | document entitled "Public School Funding--The Florida Education |
| 235 | Finance Program Revised Second Calculation," dated October 2007 |
| 236 | and filed with the Secretary of the Senate, are incorporated by |
| 237 | reference for the purpose of displaying the calculations used by |
| 238 | the Legislature, consistent with the requirements of the Florida |
| 239 | Statutes, in making appropriations for the Florida Education |
| 240 | Finance Program. This section expires July 1, 2008. |
| 241 | Section 11. A section of this act that implements a |
| 242 | specific appropriation or specifically identified proviso |
| 243 | language in the act making appropriations and reductions in |
| 244 | appropriations for the 2007-2008 state fiscal year is void if |
| 245 | the specific appropriation or specifically identified proviso |
| 246 | language is vetoed. A section of this act that implements more |
| 247 | than one specific appropriation or more than one portion of |
| 248 | specifically identified proviso language in the act making |
| 249 | appropriations and reductions in appropriations for the 2007- |
| 250 | 2008 state fiscal year is void if all the specific |
| 251 | appropriations or portions of specifically identified proviso |
| 252 | language are vetoed. |
| 253 | Section 12. If any other act passed in 2007 contains a |
| 254 | provision that is substantively the same as a provision in this |
| 255 | act but that removes or is otherwise not subject to the future |
| 256 | repeal or reversion applied to such provision by this act, the |
| 257 | Legislature intends that the provision in the other act shall |
| 258 | take precedence and shall continue to operate, notwithstanding |
| 259 | the future repeal or reversion provided by this act. |
| 260 | Section 13. Paragraph (f) of subsection (3) of section |
| 261 | 393.0661, Florida Statutes, is amended to read: |
| 262 | 393.0661 Home and community-based services delivery |
| 263 | system; comprehensive redesign.--The Legislature finds that the |
| 264 | home and community-based services delivery system for persons |
| 265 | with developmental disabilities and the availability of |
| 266 | appropriated funds are two of the critical elements in making |
| 267 | services available. Therefore, it is the intent of the |
| 268 | Legislature that the Agency for Persons with Disabilities shall |
| 269 | develop and implement a comprehensive redesign of the system. |
| 270 | (3) The Agency for Health Care Administration, in |
| 271 | consultation with the agency, shall seek federal approval and |
| 272 | implement a four-tiered waiver system to serve clients with |
| 273 | developmental disabilities in the developmental disabilities and |
| 274 | family and supported living waivers. The agency shall assign all |
| 275 | clients receiving services through the developmental |
| 276 | disabilities waiver to a tier based on a valid assessment |
| 277 | instrument, client characteristics, and other appropriate |
| 278 | assessment methods. All services covered under the current |
| 279 | developmental disabilities waiver shall be available to all |
| 280 | clients in all tiers where appropriate, except as otherwise |
| 281 | provided in this subsection or in the General Appropriations |
| 282 | Act. |
| 283 | (f) The agency shall seek federal waivers and amend |
| 284 | contracts as necessary to make changes to services defined in |
| 285 | federal waiver programs administered by the agency as follows: |
| 286 | 1. Supported living coaching services shall not exceed 20 |
| 287 | hours per month for persons who also receive in-home support |
| 288 | services. |
| 289 | 2. Limited support coordination services shall be the only |
| 290 | type of support coordination service provided to persons under |
| 291 | the age of 18 who live in the family home. |
| 292 | 3. Personal care assistance services shall be limited to |
| 293 | no more than 180 hours per calendar month and shall not include |
| 294 | rate modifiers. Additional hours may be authorized for persons |
| 295 | who have intensive physical, medical, or adaptive needs and if |
| 296 | such hours are essential for avoiding institutionalization only |
| 297 | if a substantial change in circumstances occurs for the |
| 298 | individual. |
| 299 | 4. Residential habilitation services shall be limited to 8 |
| 300 | hours per day. Additional hours may be authorized for persons |
| 301 | who have intensive medical or adaptive needs and if such hours |
| 302 | are essential for avoiding institutionalization, or for persons |
| 303 | who possess behavioral problems that are exceptional in |
| 304 | intensity, duration, or frequency and present a substantial risk |
| 305 | of harming themselves or others. This restriction shall be in |
| 306 | effect until the four-tiered waiver system is fully implemented. |
| 307 | 5. Chore Services, nonresidential support services, and |
| 308 | homemaker services shall be eliminated. The agency shall expand |
| 309 | the definition of in-home support services to enable the |
| 310 | provider of the service to include activities previously |
| 311 | provided in these eliminated services. |
| 312 | 6. Massage therapy and psychological assessment services |
| 313 | shall be eliminated. |
| 314 | 7. The agency shall conduct supplemental cost plan reviews |
| 315 | to verify the medical necessity of authorized services for plans |
| 316 | that have increased by more than 8 percent during either of the |
| 317 | 2 preceding fiscal years. |
| 318 | 8. The agency shall implement a consolidated residential |
| 319 | habilitation rate structure to increase savings to the state |
| 320 | through a more cost-effective payment method and establish |
| 321 | uniform rates for intensive behavioral residential habilitation |
| 322 | services. |
| 323 | 9. Pending federal approval, the agency is authorized to |
| 324 | extend current support plans for clients receiving services |
| 325 | under Medicaid waivers for 1 year beginning July 1, 2007, or |
| 326 | from the date approved, whichever is later. Clients who have a |
| 327 | substantial change in circumstances which threatens their health |
| 328 | and safety may be reassessed during this year in order to |
| 329 | determine the necessity for a change in their support plan. |
| 330 | Section 14. The following proviso language associated with |
| 331 | Specific Appropriation 270 in chapter 2007-72, Laws of Florida, |
| 332 | is amended to read: |
| 333 |
|
| 334 | Personal Care Assistance services shall be limited to no more |
| 335 | than 180 hours per calendar month and shall not include rate |
| 336 | modifiers. Additional hours may be authorized for persons who |
| 337 | have intensive physical, medical, or adaptive needs and if such |
| 338 | hours are essential for avoiding institutionalization only if a |
| 339 | substantial change in circumstances occurs for the individual. |
| 340 |
|
| 341 | Section 15. If any provision of this act or its |
| 342 | application to any person or circumstance is held invalid, the |
| 343 | invalidity shall not affect other provisions or applications of |
| 344 | the act which can be given effect without the invalid provision |
| 345 | or application, and to this end the provisions of this act are |
| 346 | declared severable. |
| 347 | Section 16. This act shall take effect upon becoming a |
| 348 | law. |
| 349 |
|
| 350 | ======= T I T L E A M E N D M E N T ========== |
| 351 | Remove the entire title and insert: |
| 352 | A bill to be entitled |
| 353 | An act relating to implementing the act making |
| 354 | appropriations and reductions in appropriations for the |
| 355 | 2007-2008 state fiscal year; providing legislative intent; |
| 356 | amending s. 1003.03, F.S.; removing requirements for the |
| 357 | transfer of certain funds for a school district that is |
| 358 | not in compliance with class size reduction requirements; |
| 359 | amending s. 1006.36, F.S.; authorizing a district school |
| 360 | board to delay the instructional materials adoption |
| 361 | schedule; amending s. 1011.62, F.S.; authorizing certain |
| 362 | expenditures from categorical funds as determined by the |
| 363 | district school board under certain conditions; revising |
| 364 | reporting requirements; amending s. 1011.71, F.S.; |
| 365 | revising the requirements under which school districts |
| 366 | qualify to use capital outlay funds for certain purposes; |
| 367 | specifying the calculations for the budget adjustments to |
| 368 | the Florida Education Finance Program for the 2007-2008 |
| 369 | fiscal year; providing for reversion of certain |
| 370 | provisions; providing effect of veto of specific |
| 371 | appropriation or proviso to which implementing language |
| 372 | refers; providing applicability to other legislation; |
| 373 | amending s. 393.0661, F.S.; providing for additional hours |
| 374 | to be authorized under the personal care assistance |
| 375 | services provided pursuant to a federal waiver program and |
| 376 | administered by the Agency for Persons with Disabilities; |
| 377 | amending proviso language contained in Specific |
| 378 | Appropriation 270 in chapter 2007-72, Laws of Florida, to |
| 379 | conform; providing severability; providing an effective |
| 380 | date. |