HB 803

1
A bill to be entitled
2An act relating to public school funding; providing for
3school district flexibility in the 2009-2010 fiscal year
4to expend specific funds for operating expenses; requiring
5district school board adoption of a resolution and
6approval of an amendment to the school district's
7operating budget; requiring the district school board to
8report to the Department of Education the amount of
9transferred funds and the operating expense for which the
10funds were expended; requiring reporting to the Governor
11and Legislature; providing for school district flexibility
12in the 2009-2010 fiscal year to expend a portion of
13nonvoted capital improvement millage for operating
14expenses; requiring transfer of proceeds by budget
15amendment approved by the district school board; providing
16for equalization of funds; providing for repeal; requiring
17legislative review of the transfer of funds; providing
18that the transfer of funds may be reauthorized by the
19Legislature; providing an effective date.
20
21Be It Enacted by the Legislature of the State of Florida:
22
23     Section 1.  School district flexibility.--
24     (1)(a)  Each district school board is given flexibility to
25expend in its operating budget as nonrecurring funds the
26following funds allocated to the school district through
27specific appropriations in the 2009-2010 General Appropriations
28Act.
29     1.  Funds for safe schools.
30     2.  Funds for supplemental academic instruction.
31     3.  Funds for supplemental reading instruction.
32     4.  Department of Juvenile Justice supplemental funds.
33     5.  Funds for student transportation.
34     6.  Funds for instructional materials.
35     7.  Funds for the Teachers Lead Program.
36     8.  Funds for class size reduction.
37     9.  Funds for the Florida School Recognition Program.
38     (b)  To expend funds for operating expenses under this
39subsection, a district school board shall find and declare in a
40resolution adopted at a regular meeting of the school board that
41the funds are urgently needed to maintain school board operating
42expenses and shall approve an amendment to the school district's
432009-2010 operating budget transferring the identified amount of
44funds to the appropriate account for expenditure.
45     (c)  Each district school board shall report to the
46Department of Education the amount of funds it transferred under
47paragraph (a) and the specific operating expense for which these
48funds were expended. The department shall provide instructions
49to each district school board and specify the format to be used
50in submitting this required information. The department shall
51submit to the Governor, the President of the Senate, and the
52Speaker of the House of Representatives a report showing the
53actions taken by each school board and a statewide summary of
54all actions taken by school districts.
55     (2)(a)  Each district school board is given flexibility to
56expend in its operating budget as nonrecurring funds up to 0.5
57mill of its nonvoted capital improvement millage levied pursuant
58to s. 1011.71(2), Florida Statutes, for the 2009-2010 fiscal
59year, which amount shall not exceed $328 per full-time
60equivalent student. This authorized use of proceeds from this
61millage levy is in addition to the authorized uses set forth in
62s. 1011.71, Florida Statutes, and is for the 2009-2010 fiscal
63year only. Any proceeds from this millage levy used for school
64district operating expenses shall be transferred by budget
65amendment approved by the school board at a regular meeting of
66the school board.
67     (b)  If the proceeds from 0.5 mill produce less than $328
68per full-time equivalent student in any school district, the
69additional amount required to equal $328 per full-time
70equivalent student shall be provided from state funds.
71     (c)  If a district school board has not levied sufficient
72millage under s. 1011.71(2), Florida Statutes, for the 2009-2010
73fiscal year to produce $328 per full-time equivalent student and
74the school board has other similar funds available, the school
75board may use such funds in lieu of proceeds from millage.
76     (3)  This section is repealed June 30, 2010.
77     Section 2.  The transfer of funds authorized in section 1
78of this act shall be reviewed by the Legislature and may be
79reauthorized for subsequent fiscal years.
80     Section 3.  This act shall take effect July 1, 2009.


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