Amendment
Bill No. 0004C
Amendment No. 815505
CHAMBER ACTION
Senate House
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1Representative(s) Sansom offered the following:
2
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
6implementing and administering provisions of this act apply to
7the act making appropriations and reductions in appropriations
8for the 2007-2008 state fiscal year.
9     Section 2.  In order to implement Specific Appropriations
102, 11, 11A, 12, and 12A of House Bill 5001C, 2007C Special
11Session, subsection (4) of section 1003.03, Florida Statutes, is
12amended to read:
13     1003.03  Maximum class size.--
14     (4)  ACCOUNTABILITY.--
15     (a)1.  Beginning in the 2003-2004 fiscal year, if the
16department determines for any year that a school district has
17not reduced average class size as required in subsection (2) at
18the time of the third FEFP calculation, the department shall
19calculate an amount from the class size reduction operating
20categorical which is proportionate to the amount of class size
21reduction not accomplished. Upon verification of the
22department's calculation by the Florida Education Finance
23Program Appropriation Allocation Conference and not later than
24March 1 of each year, the Executive Office of the Governor shall
25transfer undistributed funds equivalent to the calculated amount
26from the district's class size reduction operating categorical
27to an approved fixed capital outlay appropriation for class size
28reduction in the affected district pursuant to s. 216.292(2)(d).
29The amount of funds transferred shall be the lesser of the
30amount verified by the Florida Education Finance Program
31Appropriation Allocation Conference or the undistributed balance
32of the district's class size reduction operating categorical.
33     2.  In lieu of the transfer required by subparagraph 1.,
34the Commissioner of Education may recommend a budget amendment,
35subject to approval by the Legislative Budget Commission, to
36transfer an alternative amount of funds from the district's
37class size reduction operating categorical to its approved fixed
38capital outlay account for class size reduction if the
39commissioner finds that the State Board of Education has
40reviewed evidence indicating that a district has been unable to
41meet class size reduction requirements despite appropriate
42effort to do so. The commissioner's budget amendment must be
43submitted to the Legislative Budget Commission by February 15 of
44each year.
45     (a)(b)  Beginning in the 2005-2006 school year, the
46department shall determine by January 15 of each year which
47districts have not met the two-student-per-year reduction
48required in subsection (2) based upon a comparison of the
49district's October student membership survey for the current
50school year and the February 2003 baseline student membership
51survey. The department shall report such districts to the
52Legislature. Each district that has not met the two-student-per-
53year reduction shall be required to implement one of the
54following policies in the subsequent school year unless the
55department finds that the district comes into compliance based
56upon 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
61required teacher loads and scheduling of planning periods,
62deploying school district employees who have professional
63certification to the classroom, using adjunct educators,
64operating schools beyond the normal operating hours to provide
65classes in the evening, or operating more than one session
66during the day.
67
68A school district that is required to implement one of the
69policies outlined in subparagraphs 1.-4. shall correct in the
70year of implementation any past deficiencies and bring the
71district into compliance with the two-student-per-year reduction
72goals established for the district by the department pursuant to
73subsection (2). A school district may choose to implement more
74than one of these policies. The district school superintendent
75shall report to the Commissioner of Education the extent to
76which the district implemented any of the policies outlined in
77subparagraphs 1.-4. in a format to be specified by the
78Commissioner of Education. The Department of Education shall use
79the enforcement authority provided in s. 1008.32 to ensure that
80districts comply with the provisions of this paragraph.
81     (b)(c)  Beginning in the 2006-2007 school year, the
82department shall annually determine which districts do not meet
83the requirements described in subsection (2). In addition to
84enforcement authority provided in s. 1008.32, the Department of
85Education shall develop a constitutional compliance plan for
86each such district which includes, but is not limited to,
87redrawing school attendance zones to maximize use of facilities
88while minimizing the additional use of transportation unless the
89department finds that the district comes into compliance based
90upon the February student membership survey and the other
91accountability policies listed in paragraph (a) (b). Each
92district school board shall implement the constitutional
93compliance plan developed by the state board until the district
94complies with the constitutional class size maximums.
95     Section 3.  The amendments to s. 1003.03, Florida Statutes,
96made by this act shall expire July 1, 2008, and the text of that
97section shall revert to that in existence on the day before the
98effective date of this act, except that any amendments to such
99text enacted other than by this act shall be preserved and
100continue to operate to the extent that such amendments are not
101dependent upon the portions of such text that expire pursuant to
102this section.
103     Section 4.  In order to implement Specific Appropriations
10411 and 11A of House Bill 5001C, 2007C Special Session,
105subsection (2) of section 1006.36, Florida Statutes, is amended
106to read:
107     1006.36  Term of adoption for instructional materials.--
108     (2)  The department shall publish annually an official
109schedule of subject areas to be called for adoption for each of
110the succeeding 2 years, and a tentative schedule for years 3, 4,
1115, and 6. A district school board may delay the official
112adoption schedule by 1 year. If extenuating circumstances
113warrant, the commissioner may order the department to add one or
114more subject areas to the official schedule, in which event the
115commissioner shall develop criteria for such additional subject
116area or areas and make them available to publishers as soon as
117practicable before the date on which bids are due. The schedule
118shall be developed so as to promote balance among the subject
119areas so that the required expenditure for new instructional
120materials is approximately the same each year in order to
121maintain curricular consistency.
122     Section 5.  The amendments to s. 1006.36, Florida Statutes,
123made by this act shall expire July 1, 2008, and the text of that
124section shall revert to that in existence on the day before the
125effective date of this act, except that any amendments to such
126text enacted other than by this act shall be preserved and
127continue to operate to the extent that such amendments are not
128dependent upon the portions of such text that expire pursuant to
129this section.
130     Section 6.  In order to implement Specific Appropriations
13111 and 11A of House Bill 5001C, 2007C Special Session,
132subsection (6) of section 1011.62, Florida Statutes, is amended
133to read:
134     1011.62  Funds for operation of schools.--If the annual
135allocation from the Florida Education Finance Program to each
136district for operation of schools is not determined in the
137annual appropriations act or the substantive bill implementing
138the annual appropriations act, it shall be determined as
139follows:
140     (6)  CATEGORICAL FUNDS.--
141     (a)  In addition to the basic amount for current operations
142for the FEFP as determined in subsection (1), the Legislature
143may appropriate categorical funding for specified programs,
144activities, or purposes.
145     (b)  If a district school board finds and declares in a
146resolution adopted at a regular meeting of the school board that
147expenditures for administration and for all functions not core
148to K-12 instruction have been reduced to the maximum extent
149possible and that the funds received for any of the following
150categorical appropriations are urgently needed to maintain
151school board specified academic classroom instruction, the
152school board may consider and approve an amendment to the school
153district operating budget transferring the identified amount of
154the categorical funds to the appropriate account for
155expenditure:
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
162financial report to the Department of Education the amount of
163funds the school board transferred from each of the categorical
164funds identified in this subsection and the specific academic
165classroom instruction for which the transferred funds were
166expended. The Department of Education shall provide instructions
167and specify the format to be used in submitting this required
168information as a part of the district annual financial report.
169The Department of Education shall provide to the Chair of the
170Senate Fiscal Policy and Calendar Committee and the Chair of the
171House Policy and Budget Council a report that identifies by
172district and by categorical fund the amount transferred and the
173specific academic classroom instruction for which the
174transferred funds were expended.
175     (d)  If a district school board transfers funds from its
176research-based reading instruction allocation, the school board
177must also submit to the Department of Education an amendment
178describing the changes the district is making to its 2007-2008
179comprehensive reading plan approved pursuant to paragraph
180(9)(d).
181     Section 7.  The amendments to s. 1011.62, Florida Statutes,
182made by this act shall expire July 1, 2008, and the text of that
183section shall revert to that in existence on the day before the
184effective date of this act, except that any amendments to such
185text enacted other than by this act shall be preserved and
186continue to operate to the extent that such amendments are not
187dependent upon the portions of such text that expire pursuant to
188this section.
189     Section 8.  In order to implement Specific Appropriations
19011 and 11A of House Bill 5001C, 2007C Special Session,
191subsection (3) of section 1011.71, Florida Statutes, is amended
192to read:
193     1011.71  District school tax.--
194     (3)  A school district that has met the reduction
195requirements regarding class size for the current year pursuant
196to s. 1003.03, has received an unqualified opinion on its
197financial statements for the preceding 3 years, has no material
198weaknesses or instances of material noncompliance noted in an
199audit for the preceding 3 years, and certifies to the
200Commissioner of Education that all of the district's
201instructional space needs for the next 5 years can be met from
202capital outlay sources that the district reasonably expects to
203receive during the next 5 years from local revenues and from
204currently appropriated state facilities funding or from
205alternative scheduling or construction, leasing, rezoning, or
206technological methodologies that exhibit sound management may
207expend revenue generated by the millage levy authorized by
208subsection (2) to fund, in addition to expenditures authorized
209in paragraphs (2)(a)-(j), the following:
210     (a)  The purchase, lease-purchase, or lease of driver's
211education vehicles; motor vehicles used for the maintenance or
212operation of plants and equipment; security vehicles; or
213vehicles used in storing or distributing materials and
214equipment.
215     (b)  Payment of the cost of premiums for property and
216casualty insurance necessary to insure school district
217educational and ancillary plants. Operating revenues that are
218made available through the payment of property and casualty
219insurance premiums from revenues generated under this subsection
220may be expended only for nonrecurring operational expenditures
221of the school district.
222     Section 9.  The amendments to s. 1011.71, Florida Statutes,
223made by this act shall expire July 1, 2008, and the text of that
224section shall revert to that in existence on the day before the
225effective date of this act, except that any amendments to such
226text enacted other than by this act shall be preserved and
227continue to operate to the extent that such amendments are not
228dependent upon the portions of such text that expire pursuant to
229this section.
230     Section 10.  In order to implement Specific Appropriations
2312 and 11 through 12A of House Bill 5001C, 2007C Special Session,
232the calculations for the budget adjustments to the Florida
233Education Finance Program for the 2007-2008 fiscal year in the
234document entitled "Public School Funding--The Florida Education
235Finance Program Revised Second Calculation," dated October 2007
236and filed with the Secretary of the Senate, are incorporated by
237reference for the purpose of displaying the calculations used by
238the Legislature, consistent with the requirements of the Florida
239Statutes, in making appropriations for the Florida Education
240Finance Program. This section expires July 1, 2008.
241     Section 11.  A section of this act that implements a
242specific appropriation or specifically identified proviso
243language in the act making appropriations and reductions in
244appropriations for the 2007-2008 state fiscal year is void if
245the specific appropriation or specifically identified proviso
246language is vetoed. A section of this act that implements more
247than one specific appropriation or more than one portion of
248specifically identified proviso language in the act making
249appropriations and reductions in appropriations for the 2007-
2502008 state fiscal year is void if all the specific
251appropriations or portions of specifically identified proviso
252language are vetoed.
253     Section 12.  If any other act passed in 2007 contains a
254provision that is substantively the same as a provision in this
255act but that removes or is otherwise not subject to the future
256repeal or reversion applied to such provision by this act, the
257Legislature intends that the provision in the other act shall
258take precedence and shall continue to operate, notwithstanding
259the future repeal or reversion provided by this act.
260     Section 13.  Paragraph (f) of subsection (3) of section
261393.0661, Florida Statutes, is amended to read:
262     393.0661  Home and community-based services delivery
263system; comprehensive redesign.--The Legislature finds that the
264home and community-based services delivery system for persons
265with developmental disabilities and the availability of
266appropriated funds are two of the critical elements in making
267services available. Therefore, it is the intent of the
268Legislature that the Agency for Persons with Disabilities shall
269develop and implement a comprehensive redesign of the system.
270     (3)  The Agency for Health Care Administration, in
271consultation with the agency, shall seek federal approval and
272implement a four-tiered waiver system to serve clients with
273developmental disabilities in the developmental disabilities and
274family and supported living waivers. The agency shall assign all
275clients receiving services through the developmental
276disabilities waiver to a tier based on a valid assessment
277instrument, client characteristics, and other appropriate
278assessment methods. All services covered under the current
279developmental disabilities waiver shall be available to all
280clients in all tiers where appropriate, except as otherwise
281provided in this subsection or in the General Appropriations
282Act.
283     (f)  The agency shall seek federal waivers and amend
284contracts as necessary to make changes to services defined in
285federal waiver programs administered by the agency as follows:
286     1.  Supported living coaching services shall not exceed 20
287hours per month for persons who also receive in-home support
288services.
289     2.  Limited support coordination services shall be the only
290type of support coordination service provided to persons under
291the age of 18 who live in the family home.
292     3.  Personal care assistance services shall be limited to
293no more than 180 hours per calendar month and shall not include
294rate modifiers. Additional hours may be authorized for persons
295who have intensive physical, medical, or adaptive needs and if
296such hours are essential for avoiding institutionalization only
297if a substantial change in circumstances occurs for the
298individual.
299     4.  Residential habilitation services shall be limited to 8
300hours per day. Additional hours may be authorized for persons
301who have intensive medical or adaptive needs and if such hours
302are essential for avoiding institutionalization, or for persons
303who possess behavioral problems that are exceptional in
304intensity, duration, or frequency and present a substantial risk
305of harming themselves or others. This restriction shall be in
306effect until the four-tiered waiver system is fully implemented.
307     5.  Chore Services, nonresidential support services, and
308homemaker services shall be eliminated. The agency shall expand
309the definition of in-home support services to enable the
310provider of the service to include activities previously
311provided in these eliminated services.
312     6.  Massage therapy and psychological assessment services
313shall be eliminated.
314     7.  The agency shall conduct supplemental cost plan reviews
315to verify the medical necessity of authorized services for plans
316that have increased by more than 8 percent during either of the
3172 preceding fiscal years.
318     8.  The agency shall implement a consolidated residential
319habilitation rate structure to increase savings to the state
320through a more cost-effective payment method and establish
321uniform rates for intensive behavioral residential habilitation
322services.
323     9.  Pending federal approval, the agency is authorized to
324extend current support plans for clients receiving services
325under Medicaid waivers for 1 year beginning July 1, 2007, or
326from the date approved, whichever is later. Clients who have a
327substantial change in circumstances which threatens their health
328and safety may be reassessed during this year in order to
329determine the necessity for a change in their support plan.
330     Section 14.  The following proviso language associated with
331Specific Appropriation 270 in chapter 2007-72, Laws of Florida,
332is amended to read:
333
334Personal Care Assistance services shall be limited to no more
335than 180 hours per calendar month and shall not include rate
336modifiers. Additional hours may be authorized for persons who
337have intensive physical, medical, or adaptive needs and if such
338hours are essential for avoiding institutionalization only if a
339substantial change in circumstances occurs for the individual.
340
341     Section 15.  If any provision of this act or its
342application to any person or circumstance is held invalid, the
343invalidity shall not affect other provisions or applications of
344the act which can be given effect without the invalid provision
345or application, and to this end the provisions of this act are
346declared severable.
347     Section 16.  This act shall take effect upon becoming a
348law.
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
353An act relating to implementing the act making
354appropriations and reductions in appropriations for the
3552007-2008 state fiscal year; providing legislative intent;
356amending s. 1003.03, F.S.; removing requirements for the
357transfer of certain funds for a school district that is
358not in compliance with class size reduction requirements;
359amending s. 1006.36, F.S.; authorizing a district school
360board to delay the instructional materials adoption
361schedule; amending s. 1011.62, F.S.; authorizing certain
362expenditures from categorical funds as determined by the
363district school board under certain conditions; revising
364reporting requirements; amending s. 1011.71, F.S.;
365revising the requirements under which school districts
366qualify to use capital outlay funds for certain purposes;
367specifying the calculations for the budget adjustments to
368the Florida Education Finance Program for the 2007-2008
369fiscal year; providing for reversion of certain
370provisions; providing effect of veto of specific
371appropriation or proviso to which implementing language
372refers; providing applicability to other legislation;
373amending s. 393.0661, F.S.; providing for additional hours
374to be authorized under the personal care assistance
375services provided pursuant to a federal waiver program and
376administered by the Agency for Persons with Disabilities;
377amending proviso language contained in Specific
378Appropriation 270 in chapter 2007-72, Laws of Florida, to
379conform; providing severability; providing an effective
380date.


CODING: Words stricken are deletions; words underlined are additions.