HB 5003C

1	A bill to be entitled
2	An act relating to implementing the act making
3	appropriations and reductions in appropriations for the
4	2007-2008 state fiscal year; providing legislative intent;
5	amending s. 1003.03, F.S.; removing requirements for the
6	transfer of certain funds for a school district that is
7	not in compliance with class size reduction requirements;
8	amending s. 1006.36, F.S.; authorizing a district school
9	board to delay the instructional materials adoption
10	schedule; amending s. 1011.62, F.S.; authorizing certain
11	expenditures from categorical funds as determined by the
12	district school board under certain conditions; revising
13	reporting requirements; amending s. 1011.71, F.S.;
14	revising the requirements under which school districts
15	qualify to use capital outlay funds for certain purposes;
16	specifying the calculations for the budget adjustments to
17	the Florida Education Finance Program for the 2007-2008
18	fiscal year; providing for reversion of certain
19	provisions; providing effect of veto of specific
20	appropriation or proviso to which implementing language
21	refers; providing applicability to other legislation;
22	providing severability; providing an effective date.
23
24	Be It Enacted by the Legislature of the State of Florida:
25
26	Section 1.  It is the intent of the Legislature that the
27	implementing and administering provisions of this act apply to
28	the act making appropriations and reductions in appropriations
29	for the 2007-2008 state fiscal year.
30	Section 2.  In order to implement Specific Appropriations
31	2, 11, 11A, 12, and 12A of House Bill 5001C, 2007C Special
32	Session, subsection (4) of section 1003.03, Florida Statutes, is
33	amended to read:
34	1003.03  Maximum class size.--
35	(4)  ACCOUNTABILITY.--
36	(a)1.  Beginning in the 2003-2004 fiscal year, if the
37	department determines for any year that a school district has
38	not reduced average class size as required in subsection (2) at
39	the time of the third FEFP calculation, the department shall
40	calculate an amount from the class size reduction operating
41	categorical which is proportionate to the amount of class size
42	reduction not accomplished. Upon verification of the
43	department's calculation by the Florida Education Finance
44	Program Appropriation Allocation Conference and not later than
45	March 1 of each year, the Executive Office of the Governor shall
46	transfer undistributed funds equivalent to the calculated amount
47	from the district's class size reduction operating categorical
48	to an approved fixed capital outlay appropriation for class size
49	reduction in the affected district pursuant to s. 216.292(2)(d).
50	The amount of funds transferred shall be the lesser of the
51	amount verified by the Florida Education Finance Program
52	Appropriation Allocation Conference or the undistributed balance
53	of the district's class size reduction operating categorical.
54	2.  In lieu of the transfer required by subparagraph 1.,
55	the Commissioner of Education may recommend a budget amendment,
56	subject to approval by the Legislative Budget Commission, to
57	transfer an alternative amount of funds from the district's
58	class size reduction operating categorical to its approved fixed
59	capital outlay account for class size reduction if the
60	commissioner finds that the State Board of Education has
61	reviewed evidence indicating that a district has been unable to
62	meet class size reduction requirements despite appropriate
63	effort to do so. The commissioner's budget amendment must be
64	submitted to the Legislative Budget Commission by February 15 of
65	each year.
66	(a)(b)  Beginning in the 2005-2006 school year, the
67	department shall determine by January 15 of each year which
68	districts have not met the two-student-per-year reduction
69	required in subsection (2) based upon a comparison of the
70	district's October student membership survey for the current
71	school year and the February 2003 baseline student membership
72	survey. The department shall report such districts to the
73	Legislature. Each district that has not met the two-student-per-
74	year reduction shall be required to implement one of the
75	following policies in the subsequent school year unless the
76	department finds that the district comes into compliance based
77	upon the February student membership survey:
78	1.  Year-round schools;
79	2.  Double sessions;
80	3.  Rezoning; or
81	4.  Maximizing use of instructional staff by changing
82	required teacher loads and scheduling of planning periods,
83	deploying school district employees who have professional
84	certification to the classroom, using adjunct educators,
85	operating schools beyond the normal operating hours to provide
86	classes in the evening, or operating more than one session
87	during the day.
88
89	A school district that is required to implement one of the
90	policies outlined in subparagraphs 1.-4. shall correct in the
91	year of implementation any past deficiencies and bring the
92	district into compliance with the two-student-per-year reduction
93	goals established for the district by the department pursuant to
94	subsection (2). A school district may choose to implement more
95	than one of these policies. The district school superintendent
96	shall report to the Commissioner of Education the extent to
97	which the district implemented any of the policies outlined in
98	subparagraphs 1.-4. in a format to be specified by the
99	Commissioner of Education. The Department of Education shall use
100	the enforcement authority provided in s. 1008.32 to ensure that
101	districts comply with the provisions of this paragraph.
102	(b)(c)  Beginning in the 2006-2007 school year, the
103	department shall annually determine which districts do not meet
104	the requirements described in subsection (2). In addition to
105	enforcement authority provided in s. 1008.32, the Department of
106	Education shall develop a constitutional compliance plan for
107	each such district which includes, but is not limited to,
108	redrawing school attendance zones to maximize use of facilities
109	while minimizing the additional use of transportation unless the
110	department finds that the district comes into compliance based
111	upon the February student membership survey and the other
112	accountability policies listed in paragraph (a) (b). Each
113	district school board shall implement the constitutional
114	compliance plan developed by the state board until the district
115	complies with the constitutional class size maximums.
116	Section 3.  The amendments to s. 1003.03, Florida Statutes,
117	made by this act shall expire July 1, 2008, and the text of that
118	section shall revert to that in existence on the day before the
119	effective date of this act, except that any amendments to such
120	text enacted other than by this act shall be preserved and
121	continue to operate to the extent that such amendments are not
122	dependent upon the portions of such text that expire pursuant to
123	this section.
124	Section 4.  In order to implement Specific Appropriations
125	11 and 11A of House Bill 5001C, 2007C Special Session,
126	subsection (2) of section 1006.36, Florida Statutes, is amended
127	to read:
128	1006.36  Term of adoption for instructional materials.--
129	(2)  The department shall publish annually an official
130	schedule of subject areas to be called for adoption for each of
131	the succeeding 2 years, and a tentative schedule for years 3, 4,
132	5, and 6. A district school board may delay the official
133	adoption schedule by 1 year. If extenuating circumstances
134	warrant, the commissioner may order the department to add one or
135	more subject areas to the official schedule, in which event the
136	commissioner shall develop criteria for such additional subject
137	area or areas and make them available to publishers as soon as
138	practicable before the date on which bids are due. The schedule
139	shall be developed so as to promote balance among the subject
140	areas so that the required expenditure for new instructional
141	materials is approximately the same each year in order to
142	maintain curricular consistency.
143	Section 5.  The amendments to s. 1006.36, Florida Statutes,
144	made by this act shall expire July 1, 2008, and the text of that
145	section shall revert to that in existence on the day before the
146	effective date of this act, except that any amendments to such
147	text enacted other than by this act shall be preserved and
148	continue to operate to the extent that such amendments are not
149	dependent upon the portions of such text that expire pursuant to
150	this section.
151	Section 6.  In order to implement Specific Appropriations
152	11 and 11A of House Bill 5001C, 2007C Special Session,
153	subsection (6) of section 1011.62, Florida Statutes, is amended
154	to read:
155	1011.62  Funds for operation of schools.--If the annual
156	allocation from the Florida Education Finance Program to each
157	district for operation of schools is not determined in the
158	annual appropriations act or the substantive bill implementing
159	the annual appropriations act, it shall be determined as
160	follows:
161	(6)  CATEGORICAL FUNDS.--
162	(a)  In addition to the basic amount for current operations
163	for the FEFP as determined in subsection (1), the Legislature
164	may appropriate categorical funding for specified programs,
165	activities, or purposes.
166	(b)  If a district school board finds and declares in a
167	resolution adopted at a regular meeting of the school board that
168	expenditures for administration and for all functions not core
169	to K-12 instruction have been reduced to the maximum extent
170	possible and that the funds received for any of the following
171	categorical appropriations are urgently needed to maintain
172	school board specified academic classroom instruction, the
173	school board may consider and approve an amendment to the school
174	district operating budget transferring the identified amount of
175	the categorical funds to the appropriate account for
176	expenditure:
177	1.  Funds for student transportation.
178	2.  Funds for safe schools.
179	3.  Funds for supplemental academic instruction.
180	4.  Funds for research-based reading instruction.
181	5.  Funds for instructional materials.
182	(c)  Each district school board shall include in its annual
183	financial report to the Department of Education the amount of
184	funds the school board transferred from each of the categorical
185	funds identified in this subsection and the specific academic
186	classroom instruction for which the transferred funds were
187	expended. The Department of Education shall provide instructions
188	and specify the format to be used in submitting this required
189	information as a part of the district annual financial report.
190	The Department of Education shall provide to the Chair of the
191	Senate Fiscal Policy and Calendar Committee and the Chair of the
192	House Policy and Budget Council a report that identifies by
193	district and by categorical fund the amount transferred and the
194	specific academic classroom instruction for which the
195	transferred funds were expended.
196	(d)  If a district school board transfers funds from its
197	research-based reading instruction allocation, the school board
198	must also submit to the Department of Education an amendment
199	describing the changes the district is making to its 2007-2008
200	comprehensive reading plan approved pursuant to paragraph
201	(9)(d).
202	Section 7.  The amendments to s. 1011.62, Florida Statutes,
203	made by this act shall expire July 1, 2008, and the text of that
204	section shall revert to that in existence on the day before the
205	effective date of this act, except that any amendments to such
206	text enacted other than by this act shall be preserved and
207	continue to operate to the extent that such amendments are not
208	dependent upon the portions of such text that expire pursuant to
209	this section.
210	Section 8.  In order to implement Specific Appropriations
211	11 and 11A of House Bill 5001C, 2007C Special Session,
212	subsection (3) of section 1011.71, Florida Statutes, is amended
213	to read:
214	1011.71  District school tax.--
215	(3)  A school district that has met the reduction
216	requirements regarding class size for the current year pursuant
217	to s. 1003.03, has received an unqualified opinion on its
218	financial statements for the preceding 3 years, has no material
219	weaknesses or instances of material noncompliance noted in an
220	audit for the preceding 3 years, and certifies to the
221	Commissioner of Education that all of the district's
222	instructional space needs for the next 5 years can be met from
223	capital outlay sources that the district reasonably expects to
224	receive during the next 5 years from local revenues and from
225	currently appropriated state facilities funding or from
226	alternative scheduling or construction, leasing, rezoning, or
227	technological methodologies that exhibit sound management may
228	expend revenue generated by the millage levy authorized by
229	subsection (2) to fund, in addition to expenditures authorized
230	in paragraphs (2)(a)-(j), the following:
231	(a)  The purchase, lease-purchase, or lease of driver's
232	education vehicles; motor vehicles used for the maintenance or
233	operation of plants and equipment; security vehicles; or
234	vehicles used in storing or distributing materials and
235	equipment.
236	(b)  Payment of the cost of premiums for property and
237	casualty insurance necessary to insure school district
238	educational and ancillary plants. Operating revenues that are
239	made available through the payment of property and casualty
240	insurance premiums from revenues generated under this subsection
241	may be expended only for nonrecurring operational expenditures
242	of the school district.
243	Section 9.  The amendments to s. 1011.71, Florida Statutes,
244	made by this act shall expire July 1, 2008, and the text of that
245	section shall revert to that in existence on the day before the
246	effective date of this act, except that any amendments to such
247	text enacted other than by this act shall be preserved and
248	continue to operate to the extent that such amendments are not
249	dependent upon the portions of such text that expire pursuant to
250	this section.
251	Section 10.  In order to implement Specific Appropriations
252	2 and 11 through 12A of House Bill 5001C, 2007C Special Session,
253	the calculations for the budget adjustments to the Florida
254	Education Finance Program for the 2007-2008 fiscal year in the
255	document entitled "Public School Funding--The Florida Education
256	Finance Program Revised Second Calculation," dated October 2007
257	and filed with the Secretary of the Senate, are incorporated by
258	reference for the purpose of displaying the calculations used by
259	the Legislature, consistent with the requirements of the Florida
260	Statutes, in making appropriations for the Florida Education
261	Finance Program. This section expires July 1, 2008.
262	Section 11.  A section of this act that implements a
263	specific appropriation or specifically identified proviso
264	language in the act making appropriations and reductions in
265	appropriations for the 2007-2008 state fiscal year is void if
266	the specific appropriation or specifically identified proviso
267	language is vetoed. A section of this act that implements more
268	than one specific appropriation or more than one portion of
269	specifically identified proviso language in the act making
270	appropriations and reductions in appropriations for the 2007-
271	2008 state fiscal year is void if all the specific
272	appropriations or portions of specifically identified proviso
273	language are vetoed.
274	Section 12.  If any other act passed in 2007 contains a
275	provision that is substantively the same as a provision in this
276	act but that removes or is otherwise not subject to the future
277	repeal or reversion applied to such provision by this act, the
278	Legislature intends that the provision in the other act shall
279	take precedence and shall continue to operate, notwithstanding
280	the future repeal or reversion provided by this act.
281	Section 13.  If any provision of this act or its
282	application to any person or circumstance is held invalid, the
283	invalidity shall not affect other provisions or applications of
284	the act which can be given effect without the invalid provision
285	or application, and to this end the provisions of this act are
286	declared severable.
287	Section 14.  This act shall take effect upon becoming a
288	law.

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