SB 2502 First Engrossed

20082502e1

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A bill to be entitled

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An act implementing the 2007-2008 Special Appropriations

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Act; providing legislative intent; providing for the

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incorporation by reference of certain calculations used by

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the Legislature for the 2007-2008 fiscal year; providing

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for the implementation of specified appropriations;

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providing legislative intent with respect to reductions in

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expenditures made by district school boards; providing for

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moneys in specified trust funds to be expended as directed

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by the Legislature, notwithstanding certain provisions to

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the contrary; amending s. 1011.71, F.S.; increasing the

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amount that certain school districts may expend, per

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unweighted full-time equivalent student, from the revenue

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generated by the 2007-2008 district school tax levy;

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providing for the expiration of such increase; providing

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for the effect of a veto of one or more specific

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appropriations or proviso provisions to which implementing

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language refers; providing for severability; providing an

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effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1. It is the intent of the Legislature that the

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implementing and administering provisions of this act apply to

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the act making special appropriations and reductions in

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appropriations for the 2007-2008 fiscal year adopted during the

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2008 Regular Session.

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     Section 2. In order to implement Specific Appropriations 2

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and 29-32 of the 2007-2008 Special Appropriations Act adopted

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during the 2008 Regular Session, the calculations of the Florida

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Education Finance Program for the 2007-2008 fiscal year in the

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document entitled "Public School Funding - The Florida Education

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Finance Program," dated March 4, 2008, and filed with the

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Secretary of the Senate are incorporated by reference for the

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purpose of displaying the calculations used by the Legislature,

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consistent with requirements of the Florida Statutes, in making

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appropriations and reductions in appropriations for the Florida

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Education Finance Program.

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     Section 3. The 2007-2008 appropriations for the Florida

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Education Finance Program and categorical funds provide each

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school district an increase in total potential funds per full-

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time equivalent student which is greater than the amount provided

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for the 2006-2007 fiscal year. Therefore, it is the intent of the

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Legislature that any reductions in expenditures by school

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districts in response to any of the appropriation reductions in

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Specific Appropriations 2 and 29-32 of the 2007-2008 Special

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Appropriations Act adopted during the 2008 Regular Session be

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made in functions other than classroom instruction.

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     Section 4. In order to implement Specific Appropriation

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909A of the 2007-2008 Special Appropriations Act adopted during

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the 2008 Regular Session and notwithstanding the provisions of s.

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25.384(2), Florida Statutes, to the contrary, funds in the Court

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Education Trust Fund shall also be expended as directed by the

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Legislature in the 2007-2008 Special Appropriations Act adopted

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during the 2008 Regular Session.

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     Section 5. In order to implement Specific Appropriations

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904A and 909A of the 2007-2008 Special Appropriations Act adopted

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during the 2008 Regular Session, and notwithstanding the

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provisions of s. 44.108, Florida Statutes, to the contrary, the

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fees imposed pursuant to s. 44.108(1), Florida Statutes, and

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deposited in the Mediation and Arbitration Trust Fund shall also

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be expended as directed by the Legislature in the 2007-2008

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Special Appropriations Act adopted during the 2008 Regular

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Session.

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     Section 6.  Subsection (3) of section 1011.71, Florida

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Statutes, as amended by section 4 of chapter 2007-328, Laws of

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Florida, is amended to read:

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     1011.71  District school tax.--

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     (3)  A school district that has met the reduction

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requirements regarding class size for the 2007-2008 fiscal year

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pursuant to s. 1003.03 for K-12 students for whom the school

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district provides the educational facilities and certifies to the

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Commissioner of Education that the district does not need all of

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its discretionary 2-mill capital improvement revenue for capital

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outlay purposes and all of the district's instructional space

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needs for the next 5 years can be met from capital outlay sources

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that the district reasonably expects to receive during the next 5

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years from local revenues and from currently appropriated state

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facilities funding or from alternative scheduling or

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construction, leasing, rezoning, or technological methodologies

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that exhibit sound management may expend, subject to the

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provisions of s. 200.065, up to $65 $25 per unweighted full-time

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equivalent student from the revenue generated by the 2007-2008

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millage levy authorized by subsection (2) to fund, in addition to

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expenditures authorized in paragraphs (2)(a)-(j), 2007-2008

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expenses for the following:

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     (a)  The purchase, lease-purchase, or lease of driver's

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education vehicles; motor vehicles used for the maintenance or

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operation of plants and equipment; security vehicles; or vehicles

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used in storing or distributing materials and equipment.

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     (b)  Payment of the cost of premiums for property and

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casualty insurance necessary to insure school district

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educational and ancillary plants. Operating revenues that are

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made available through the payment of property and casualty

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insurance premiums from revenues generated under this subsection

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may be expended only for nonrecurring operational expenditures of

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the school district.

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     Section 7. The amendments to s. 1011.71(3), Florida

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Statutes, as carried forward by this act from chapter 2007-328,

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Laws of Florida, and made by this act shall expire July 1, 2008,

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and the text of that section shall revert to that in existence on

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the day before the effective date of chapter 2007-328, Laws of

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Florida, except that any amendments to such text enacted other

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than by this act and chapter 2007-328, Laws of Florida, shall be

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preserved and continue to operate to the extent that such

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amendments are not dependent upon the portions of such text which

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expire pursuant to this section.

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     Section 8. Any section of this act which implements a

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specific appropriation or specifically identified proviso

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language in the act making appropriations and reductions in

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appropriations for the 2007-2008 fiscal year is void if the

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specific appropriation or specifically identified proviso

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language is vetoed. Any section of this act which implements more

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than one specific appropriation or more than one portion of

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specifically identified proviso language in the act making

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appropriations and reductions for the 2007-2008 fiscal year is

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void if all the specific appropriations or portions of

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specifically identified proviso language are vetoed.

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     Section 9. If any provision of this act or its application

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to any person or circumstance is held invalid, the invalidity

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does not affect other provisions or applications of the act which

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can be given effect without the invalid provision or application,

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and to this end the provisions of this act are severable.

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     Section 10.  This act shall take effect upon becoming a law.

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