1

2

An act implementing the 2007-2008 Special Appropriations

3

Act; providing legislative intent; providing for the

4

incorporation by reference of certain calculations used by

5

the Legislature for the 2007-2008 fiscal year; providing

6

for the implementation of specified appropriations;

7

providing legislative intent with respect to reductions in

8

expenditures made by district school boards; providing for

9

moneys in specified trust funds to be expended as directed

10

by the Legislature, notwithstanding certain provisions to

11

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

12

amount that certain school districts may expend, per

13

unweighted full-time equivalent student, from the revenue

14

generated by the 2007-2008 district school tax levy;

15

providing for the expiration of such increase; providing

16

for the effect of a veto of one or more specific

17

appropriations or proviso provisions to which implementing

18

language refers; providing for severability; providing an

19

effective date.

20

21

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

22

23

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

24

implementing and administering provisions of this act apply to

25

the act making special appropriations and reductions in

26

appropriations for the 2007-2008 fiscal year adopted during the

27

2008 Regular Session.

28

     Section 2. In order to implement Specific Appropriations 2

29

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

30

during the 2008 Regular Session, the calculations of the Florida

31

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

32

document entitled "Public School Funding - The Florida Education

33

Finance Program," dated March 9, 2008, and filed with the Clerk

34

of the House of Representatives are incorporated by reference for

35

the purpose of displaying the calculations used by the

36

Legislature, consistent with requirements of the Florida

37

Statutes, in making appropriations and reductions in

38

appropriations for the Florida Education Finance Program.

39

     Section 3. The 2007-2008 appropriations for the Florida

40

Education Finance Program and categorical funds provide each

41

school district an increase in total potential funds per full-

42

time equivalent student which is greater than the amount provided

43

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

44

Legislature that any reductions in expenditures by school

45

districts in response to any of the appropriation reductions in

46

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

47

Appropriations Act adopted during the 2008 Regular Session be

48

made in functions other than classroom instruction.

49

     Section 4. In order to implement Specific Appropriation

50

953A of the 2007-2008 Special Appropriations Act adopted during

51

the 2008 Regular Session and notwithstanding the provisions of s.

52

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

53

Education Trust Fund shall also be expended as directed by the

54

Legislature in the 2007-2008 Special Appropriations Act adopted

55

during the 2008 Regular Session.

56

     Section 5. In order to implement Specific Appropriations

57

945A and 953A of the 2007-2008 Special Appropriations Act adopted

58

during the 2008 Regular Session, and notwithstanding the

59

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

60

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

61

deposited in the Mediation and Arbitration Trust Fund shall also

62

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

63

Special Appropriations Act adopted during the 2008 Regular

64

Session.

65

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

66

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

67

Florida, is amended to read:

68

     1011.71  District school tax.--

69

     (3)  A school district that has met the reduction

70

requirements regarding class size for the 2007-2008 fiscal year

71

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

72

district provides the educational facilities and certifies to the

73

Commissioner of Education that the district does not need all of

74

its discretionary 2-mill capital improvement revenue for capital

75

outlay purposes and all of the district's instructional space

76

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

77

that the district reasonably expects to receive during the next 5

78

years from local revenues and from currently appropriated state

79

facilities funding or from alternative scheduling or

80

construction, leasing, rezoning, or technological methodologies

81

that exhibit sound management may expend, subject to the

82

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

83

equivalent student from the revenue generated by the 2007-2008

84

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

85

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

86

expenses for the following:

87

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

88

education vehicles; motor vehicles used for the maintenance or

89

operation of plants and equipment; security vehicles; or vehicles

90

used in storing or distributing materials and equipment.

91

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

92

casualty insurance necessary to insure school district

93

educational and ancillary plants. Operating revenues that are

94

made available through the payment of property and casualty

95

insurance premiums from revenues generated under this subsection

96

may be expended only for nonrecurring operational expenditures of

97

the school district.

98

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

99

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

100

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

101

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

102

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

103

Florida, except that any amendments to such text enacted other

104

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

105

preserved and continue to operate to the extent that such

106

amendments are not dependent upon the portions of such text which

107

expire pursuant to this section.

108

     Section 8. Any section of this act which implements a

109

specific appropriation or specifically identified proviso

110

language in the act making appropriations and reductions in

111

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

112

specific appropriation or specifically identified proviso

113

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

114

than one specific appropriation or more than one portion of

115

specifically identified proviso language in the act making

116

appropriations and reductions for the 2007-2008 fiscal year is

117

void if all the specific appropriations or portions of

118

specifically identified proviso language are vetoed.

119

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

120

to any person or circumstance is held invalid, the invalidity

121

does not affect other provisions or applications of the act which

122

can be given effect without the invalid provision or application,

123

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

124

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