HB 5005A

1	A bill to be entitled
2	An act relating to education funding; amending s. 218.503,
3	F.S.; providing for a reduction in salary for certain
4	school district employees when a state of financial
5	emergency within the district continues beyond a specified
6	period; amending s. 1002.53, F.S.; conforming provisions;
7	amending s. 1002.61, F.S.; increasing the number of
8	students authorized for a summer prekindergarten class;
9	conforming cross-references; amending s. 1002.63, F.S.;
10	eliminating certain eligibility requirements for
11	delivering a prekindergarten program during the school
12	year; amending s. 1002.71, F.S.; providing for separate
13	base student allocations for school-year and summer
14	prekindergarten programs; revising the formula for
15	calculating and reporting full-time equivalent student
16	enrollment; providing certain restrictions with respect to
17	a child who reenrolls in a prekindergarten program;
18	requiring that certain administrative procedures be
19	automated; decreasing the amount that an early learning
20	coalition may expend for administrative purposes; amending
21	s. 1002.73, F.S.; conforming provisions; amending s.
22	1003.03, F.S.; authorizing the Commissioner of Education
23	to recommend a greater reduction in the amount allocated
24	for transfer to a district's fixed capital outlay fund;
25	creating s. 1011.051, F.S.; requiring district school
26	boards to maintain a general fund balance sufficient to
27	address contingencies; specifying procedures for the
28	district to follow if the operating budget falls below
29	specified percentages; requiring modification of
30	collective bargaining agreements under certain
31	circumstances; amending s. 1011.71, F.S.; revising
32	provisions and eliminating restrictions relating to the
33	expenditure of revenues from the district school tax levy;
34	amending s. 1011.73, F.S.; conforming a cross-reference;
35	amending s. 1013.64, F.S.; conforming provisions;
36	requiring that the Merit Award Program for Instructional
37	Personnel and School-Based Administrators be held in
38	abeyance during the 2008-2009 fiscal year; incorporating
39	by reference certain calculations of the Florida Education
40	Finance Program for the 2008-2009 fiscal year; repealing
41	s. 11 of ch. 2008-142 and s. 2 of ch. 2008-213, Laws of
42	Florida, relating to the expiration and reversion of
43	certain district school tax provisions, to conform;
44	providing for contingent retroactive application of
45	specified provisions of the act; providing an effective
46	date.
47
48	Be It Enacted by the Legislature of the State of Florida:
49
50	Section 1.  Present subsections (4) and (5) of section
51	218.503, Florida Statutes, are renumbered as subsections (5) and
52	(6), respectively, and a new subsection (4) is added to that
53	section to read:
54	218.503  Determination of financial emergency.--
55	(4)  Notwithstanding ss. 1001.395 and 1001.47, if the
56	Commissioner of Education determines that the measures imposed
57	pursuant to subsection (3) have not eliminated a state of
58	financial emergency in a school district within 30 days after
59	the date the financial emergency was declared to exist, the
60	salary of each district school board member, the district
61	superintendent, and each district employee shall be reduced
62	proportionately in an amount necessary to provide for an
63	unreserved general fund balance of 2 percent of general fund
64	revenues in the district's operating budget.
65	Section 2.  Paragraph (c) of subsection (3) of section
66	1002.53, Florida Statutes, is amended to read:
67	1002.53  Voluntary Prekindergarten Education Program;
68	eligibility and enrollment.--
69	(3)  The parent of each child eligible under subsection (2)
70	may enroll the child in one of the following programs:
71	(c)  A school-year prekindergarten program delivered by a
72	public school, if offered by a school district that is eligible
73	under s. 1002.63.
74
75	Except as provided in s. 1002.71(4), a child may not enroll in
76	more than one of these programs.
77	Section 3.  Subsections (4) and (7) of section 1002.61,
78	Florida Statutes, are amended to read:
79	1002.61  Summer prekindergarten program delivered by public
80	schools and private prekindergarten providers.--
81	(4)  Notwithstanding ss. 1002.55(3)(c)1. and 1002.63(4)
82	1002.63(5), each public school and private prekindergarten
83	provider must have, for each prekindergarten class, at least one
84	prekindergarten instructor who:
85	(a)  Is a certified teacher; or
86	(b)  Holds one of the educational credentials specified in
87	s. 1002.55(4)(a) or (b).
88
89	As used in this subsection, the term "certified teacher" means a
90	teacher holding a valid Florida educator certificate under s.
91	1012.56 who has the qualifications required by the district
92	school board to instruct students in the summer prekindergarten
93	program. In selecting instructional staff for the summer
94	prekindergarten program, each school district shall give
95	priority to teachers who have experience or coursework in early
96	childhood education.
97	(7)  Notwithstanding ss. 1002.55(3)(f) and 1002.63(7)
98	1002.63(8), each prekindergarten class in the summer
99	prekindergarten program, regardless of whether the class is a
100	public school's or private prekindergarten provider's class,
101	must be composed of at least 4 students but may not exceed 12 10
102	students beginning with the 2009 summer session. In order to
103	protect the health and safety of students, each public school or
104	private prekindergarten provider must also provide appropriate
105	adult supervision for students at all times. This subsection
106	does not supersede any requirement imposed on a provider under
107	ss. 402.301-402.319.
108	Section 4.  Section 1002.63, Florida Statutes, is amended
109	to read:
110	1002.63  School-year prekindergarten program delivered by
111	public schools.--
112	(1)  Each school district eligible under subsection (4) may
113	administer the Voluntary Prekindergarten Education Program at
114	the district level for students enrolled under s. 1002.53(3)(c)
115	in a school-year prekindergarten program delivered by a public
116	school.
117	(2)  Each school-year prekindergarten program delivered by
118	a public school must comprise at least 540 instructional hours.
119	(3)  The district school board of each school district
120	eligible under subsection (4) shall determine which public
121	schools in the district may are eligible to deliver the
122	prekindergarten program during the school year.
123	(4)  To be eligible to deliver the prekindergarten program
124	during the school year, each school district must meet both of
125	the following requirements:
126	(a)  The district school board must certify to the State
127	Board of Education that the school district:
128	1.  Has reduced the average class size in each classroom in
129	accordance with s. 1003.03 and the schedule in s. 1(a), Art. IX
130	of the State Constitution; and
131	2.  Has sufficient satisfactory educational facilities and
132	capital outlay funds to continue reducing the average class size
133	in each classroom in the district's elementary schools for each
134	year in accordance with the schedule for class size reduction
135	and to achieve full compliance with the maximum class sizes in
136	s. 1(a), Art. IX of the State Constitution by the beginning of
137	the 2010-2011 school year.
138	(b)  The Commissioner of Education must certify to the
139	State Board of Education that the department has reviewed the
140	school district's educational facilities, capital outlay funds,
141	and projected student enrollment and concurs with the district
142	school board's certification under paragraph (a).
143	(4)(5)  Each public school must have, for each
144	prekindergarten class, at least one prekindergarten instructor
145	who meets each requirement in s. 1002.55(3)(c) for a
146	prekindergarten instructor of a private prekindergarten
147	provider.
148	(5)(6)  Each prekindergarten instructor employed by a
149	public school delivering the school-year prekindergarten program
150	must be of good moral character, must be screened using the
151	level 2 screening standards in s. 435.04 before employment and
152	rescreened at least once every 5 years, must be denied
153	employment or terminated if required under s. 435.06, and must
154	not be ineligible to teach in a public school because his or her
155	educator certificate is suspended or revoked. This subsection
156	does not supersede employment requirements for instructional
157	personnel in public schools which are more stringent than the
158	requirements of this subsection.
159	(6)(7)  A public school prekindergarten provider may assign
160	a substitute instructor to temporarily replace a credentialed
161	instructor if the credentialed instructor assigned to a
162	prekindergarten class is absent, as long as the substitute
163	instructor is of good moral character and has been screened
164	before employment in accordance with level 2 background
165	screening requirements in chapter 435. This subsection does not
166	supersede employment requirements for instructional personnel in
167	public schools which are more stringent than the requirements of
168	this subsection. The Agency for Workforce Innovation shall adopt
169	rules to implement this subsection which shall include required
170	qualifications of substitute instructors and the circumstances
171	and time limits for which a public school prekindergarten
172	provider may assign a substitute instructor.
173	(7)(8)  Each prekindergarten class in a public school
174	delivering the school-year prekindergarten program must be
175	composed of at least 4 students but may not exceed 18 students.
176	In order to protect the health and safety of students, each
177	school must also provide appropriate adult supervision for
178	students at all times and, for each prekindergarten class
179	composed of 11 or more students, must have, in addition to a
180	prekindergarten instructor who meets the requirements of s.
181	1002.55(3)(c), at least one adult prekindergarten instructor who
182	is not required to meet those requirements but who must meet
183	each requirement of subsection (5) (6).
184	(8)(9)  Each public school delivering the school-year
185	prekindergarten program must:
186	(a)  Register with the early learning coalition on forms
187	prescribed by the Agency for Workforce Innovation; and
188	(b)  Deliver the Voluntary Prekindergarten Education
189	Program in accordance with this part.
190	Section 5.  Subsections (3) and (4), paragraph (d) of
191	subsection (6), and subsection (7) of section 1002.71, Florida
192	Statutes, are amended to read:
193	1002.71  Funding; financial and attendance reporting.--
194	(3)(a)  A separate The base student allocation per full-
195	time equivalent student in the Voluntary Prekindergarten
196	Education Program shall be provided in the General
197	Appropriations Act for a school-year prekindergarten program and
198	for a summer prekindergarten program. The base student
199	allocation for a school-year prekindergarten program and shall
200	be equal for each student, regardless of whether the student is
201	enrolled in a school-year prekindergarten program delivered by a
202	public school or a private prekindergarten provider. The base
203	student allocation for, a summer prekindergarten program shall
204	be equal for each student, regardless of whether the student is
205	enrolled in a summer prekindergarten program delivered by a
206	public school or a private prekindergarten provider, or a
207	school-year prekindergarten program delivered by a public
208	school.
209	(b)  Each county's allocation per full-time equivalent
210	student in the Voluntary Prekindergarten Education Program shall
211	be calculated annually by multiplying the base student
212	allocation provided in the General Appropriations Act by the
213	county's district cost differential provided in s. 1011.62(2).
214	Each private prekindergarten provider and public school shall be
215	paid in accordance with the county's allocation per full-time
216	equivalent student.
217	(c)  The initial allocation shall be based on estimated
218	student enrollment in each coalition service area. The Agency
219	for Workforce Innovation shall reallocate funds among the
220	coalitions based on actual full-time equivalent student
221	enrollment in each coalition service area.
222	(d)  For programs offered by school districts pursuant to
223	s. 1002.61 and beginning with the 2009 summer program, each
224	district's funding shall be based on a full-time equivalent
225	student enrollment that is evenly divisible by 12 10. If the
226	result of dividing a district's full-time equivalent student
227	enrollment by 12 10 is not a whole number, the district's
228	enrollment calculation shall be adjusted by adding the minimum
229	number of full-time equivalent students to produce a full-time
230	equivalent student enrollment calculation that is evenly
231	divisible by 12 10.
232	(4)  Notwithstanding s. 1002.53(3) and subsection (2):
233	(a)  A child who, for any of the prekindergarten programs
234	listed in s. 1002.53(3), has not completed more than 10 percent
235	of the hours authorized to be reported for funding under
236	subsection (2) may withdraw from the program for good cause,
237	reenroll in one of the programs, and be reported for funding
238	purposes as a full-time equivalent student in the program for
239	which the child is reenrolled. The total funding for a child who
240	reenrolls in the same program shall not exceed one full-time
241	equivalent student.
242	(b)  A child who has not substantially completed any of the
243	prekindergarten programs listed in s. 1002.53(3) may withdraw
244	from the program due to an extreme hardship that is beyond the
245	child's or parent's control, reenroll in one of the summer
246	programs, and be reported for funding purposes as a full-time
247	equivalent student in the summer program for which the child is
248	reenrolled.
249
250	A child may reenroll only once in a prekindergarten program
251	under this section. A child who reenrolls in a prekindergarten
252	program under this subsection may not subsequently withdraw from
253	the program and reenroll. The Agency for Workforce Innovation
254	shall establish criteria specifying whether a good cause exists
255	for a child to withdraw from a program under paragraph (a),
256	whether a child has substantially completed a program under
257	paragraph (b), and whether an extreme hardship exists which is
258	beyond the child's or parent's control under paragraph (b).
259	(6)
260	(d)  The Agency for Workforce Innovation shall adopt, for
261	funding purposes, a uniform attendance policy for the Voluntary
262	Prekindergarten Education Program. The attendance policy must
263	apply statewide and apply equally to all private prekindergarten
264	providers and public schools. The attendance policy must
265	establish a minimum requirement for student attendance and
266	include the following provisions:
267	1.  Beginning with the 2009-2010 fiscal year for school-
268	year programs and the 2009 summer program, a student who meets
269	the minimum requirement of 80 percent of the total number of
270	hours for the program may be reported as a full-time equivalent
271	student for funding purposes.
272	2.  A student who does not meet the minimum requirement may
273	be reported only as a fractional part of a full-time equivalent
274	student, reduced pro rata based on the student's attendance.
275	3.  A student who does not meet the minimum requirement may
276	be reported as a full-time equivalent student if the student is
277	absent for good cause in accordance with exceptions specified in
278	the uniform attendance policy.
279
280	The uniform attendance policy shall be used only for funding
281	purposes and does not prohibit a private prekindergarten
282	provider or public school from adopting and enforcing its
283	attendance policy under paragraphs (a) and (c).
284	(7)  The Agency for Workforce Innovation shall require that
285	administrative expenditures be kept to the minimum necessary for
286	efficient and effective administration of the Voluntary
287	Prekindergarten Education Program. Administrative policies and
288	procedures shall be revised, to the maximum extent practicable,
289	to incorporate the use of automation and electronic submission
290	of forms, including those required for child eligibility and
291	enrollment, provider and class registration, and monthly
292	certification of attendance for payment. Beginning with the
293	2008-2009 fiscal year, each early learning coalition may retain
294	and expend no more than 4.85 5 percent of the funds paid by the
295	coalition to private prekindergarten providers and public
296	schools under paragraph (5)(b). Funds retained by an early
297	learning coalition under this subsection may be used only for
298	administering the Voluntary Prekindergarten Education Program
299	and may not be used for the school readiness program or other
300	programs.
301	Section 6.  Paragraphs (c) and (d) of subsection (2) of
302	section 1002.73, Florida Statutes, are amended to read:
303	1002.73  Department of Education; powers and duties;
304	accountability requirements.--
305	(2)  The department shall adopt procedures for the
306	department's:
307	(c)  Certification of school districts that are eligible to
308	deliver the school-year prekindergarten program under s.
309	1002.63.
310	(c)(d)  Administration of the statewide kindergarten
311	screening and calculation of kindergarten readiness rates under
312	s. 1002.69.
313	Section 7.  Paragraph (a) of subsection (4) of section
314	1003.03, Florida Statutes, is amended to read:
315	1003.03  Maximum class size.--
316	(4)  ACCOUNTABILITY.--
317	(a)1.  Beginning in the 2003-2004 fiscal year, if the
318	department determines for any year that a school district has
319	not reduced average class size as required in subsection (2) at
320	the time of the third FEFP calculation, the department shall
321	calculate an amount from the class size reduction operating
322	categorical which is proportionate to the amount of class size
323	reduction not accomplished. Upon verification of the
324	department's calculation by the Florida Education Finance
325	Program Appropriation Allocation Conference and not later than
326	March 1 of each year, the Executive Office of the Governor shall
327	transfer undistributed funds equivalent to the calculated amount
328	from the district's class size reduction operating categorical
329	to an approved fixed capital outlay appropriation for class size
330	reduction in the affected district pursuant to s. 216.292(2)(d).
331	The amount of funds transferred shall be the lesser of the
332	amount verified by the Florida Education Finance Program
333	Appropriation Allocation Conference or the undistributed balance
334	of the district's class size reduction operating categorical.
335	2.  In lieu of the transfer required by subparagraph 1.,
336	the Commissioner of Education may recommend a budget amendment,
337	subject to approval by the Legislative Budget Commission, to
338	transfer an alternative amount of funds from the district's
339	class size reduction operating categorical to its approved fixed
340	capital outlay account for class size reduction if the
341	commissioner finds that the State Board of Education has
342	reviewed evidence indicating that a district has been unable to
343	meet class size reduction requirements despite appropriate
344	effort to do so. The commissioner's budget amendment must be
345	submitted to the Legislative Budget Commission by February 15 of
346	each year.
347	3.  For the 2007-2008 fiscal year and thereafter, if in any
348	fiscal year funds from a district's class size operating
349	categorical are required to be transferred to its fixed capital
350	outlay fund and the district's class size operating categorical
351	allocation in the General Appropriations Act for that fiscal
352	year has been reduced by a subsequent appropriation, the
353	Commissioner of Education may recommend a 50-percent 10-percent
354	reduction in the amount of the transfer.
355	Section 8.  Section 1011.051, Florida Statutes, is created
356	to read:
357	1011.051  Guidelines for general funds.--The district
358	school board shall maintain an unreserved general fund balance
359	that is sufficient to address normal contingencies. If at any
360	time the unreserved general fund in the district's approved
361	operating budget falls below:
362	(1)  Five percent of projected general fund revenues, the
363	superintendent shall provide written notification to the
364	district school board and the Commissioner of Education.
365	(2)  Two percent of projected general fund revenues, the
366	provisions of s. 447.4095 shall be followed for the purpose of
367	modifying existing collective bargaining agreements as necessary
368	to avoid a financial emergency within the school district as
369	provided under part V of chapter 218. If the parties fail to
370	reach agreement and proceed to implement the provisions of s.
371	447.403, the superintendent shall provide written notification
372	to the Commissioner of Education, the dispute shall be resolved
373	through an expedited impasse hearing, and the timelines
374	prescribed in s. 447.403(2)(c) shall apply.
375	Section 9.  Paragraphs (k) and (l) are added to subsection
376	(2) of section 1011.71, Florida Statutes, and subsections (4),
377	(5), (6), (7), and (8) of that section are amended, to read:
378	1011.71  District school tax.--
379	(2)  In addition to the maximum millage levy as provided in
380	subsection (1), each school board may levy not more than 1.75
381	mills against the taxable value for school purposes for district
382	schools, including charter schools at the discretion of the
383	school board, to fund:
384	(k)  Payment of the cost of premiums for property and
385	casualty insurance necessary to insure school district
386	educational and ancillary plants as required by ss.
387	1001.42(11)(d) and 1001.51(11)(k).
388	(l)  The purchase, lease-purchase, or lease of driver's
389	education vehicles; motor vehicles used for the maintenance or
390	operation of plants and equipment; security vehicles; or
391	vehicles used in storing or distributing materials and
392	equipment.
393	(4)  A school district that has met the reduction
394	requirements regarding class size for the 2008-2009 fiscal year
395	pursuant to s. 1003.03 for K-12 students for whom the school
396	district provides the educational facilities and governs
397	operations and certifies to the Commissioner of Education that
398	the district does not need all of its discretionary 1.75-mill
399	capital improvement revenue for capital outlay purposes and all
400	of the district's instructional space needs for the next 5 years
401	can be met from capital outlay sources that the district
402	reasonably expects to receive during the next 5 years from local
403	revenues and from currently appropriated state facilities
404	funding or from alternative scheduling or construction, leasing,
405	rezoning, or technological methodologies that exhibit sound
406	management may expend, subject to the provisions of s. 200.065,
407	up to $65 per unweighted full-time equivalent student from the
408	revenue generated by the 2008-2009 millage levy authorized by
409	subsection (2) to fund, in addition to expenditures authorized
410	in paragraphs (2)(a)-(j), 2008-2009 expenses for the following:
411	(a)  The purchase, lease-purchase, or lease of driver's
412	education vehicles; motor vehicles used for the maintenance or
413	operation of plants and equipment; security vehicles; or
414	vehicles used in storing or distributing materials and
415	equipment.
416	(b)  Payment of the cost of premiums for property and
417	casualty insurance necessary to insure school district
418	educational and ancillary plants. Operating revenues that are
419	made available through the payment of property and casualty
420	insurance premiums from revenues generated under this subsection
421	may be expended only for nonrecurring operational expenditures
422	of the school district.
423	(4)(5)  Violations of the expenditure provisions in
424	subsection (2) or subsection (4) shall result in an equal dollar
425	reduction in the Florida Education Finance Program (FEFP) funds
426	for the violating district in the fiscal year following the
427	audit citation.
428	(5)(6)  These taxes shall be certified, assessed, and
429	collected as prescribed in s. 1011.04 and shall be expended as
430	provided by law.
431	(6)(7)  Nothing in s. 1011.62(4)(a)1. shall in any way be
432	construed to increase the maximum school millage levies as
433	provided for in subsection (1).
434	(7)(8)  In addition to the maximum millage levied under
435	this section and the General Appropriations Act, a school
436	district may levy, by local referendum or in a general election,
437	additional millage for school operational purposes up to an
438	amount that, when combined with nonvoted millage levied under
439	this section, does not exceed the 10-mill limit established in
440	s. 9(b), Art. VII of the State Constitution. Any such levy shall
441	be for a maximum of 4 years and shall be counted as part of the
442	10-mill limit established in s. 9(b), Art. VII of the State
443	Constitution. Millage elections conducted under the authority
444	granted pursuant to this section are subject to s. 1011.73.
445	Funds generated by such additional millage do not become a part
446	of the calculation of the Florida Education Finance Program
447	total potential funds in 2001-2002 or any subsequent year and
448	must not be incorporated in the calculation of any hold-harmless
449	or other component of the Florida Education Finance Program
450	formula in any year. If an increase in required local effort,
451	when added to existing millage levied under the 10-mill limit,
452	would result in a combined millage in excess of the 10-mill
453	limit, any millage levied pursuant to this subsection shall be
454	considered to be required local effort to the extent that the
455	district millage would otherwise exceed the 10-mill limit.
456	Section 10.  Subsection (2) of section 1011.73, Florida
457	Statutes, is amended to read:
458	1011.73  District millage elections.--
459	(2)  MILLAGE AUTHORIZED NOT TO EXCEED 4 YEARS.--The
460	district school board, pursuant to resolution adopted at a
461	regular meeting, shall direct the county commissioners to call
462	an election at which the electors within the school district may
463	approve an ad valorem tax millage as authorized under s.
464	1011.71(7) 1011.71(8). Such election may be held at any time,
465	except that not more than one such election shall be held during
466	any 12-month period. Any millage so authorized shall be levied
467	for a period not in excess of 4 years or until changed by
468	another millage election, whichever is earlier. If any such
469	election is invalidated by a court of competent jurisdiction,
470	such invalidated election shall be considered not to have been
471	held.
472	Section 11.  Paragraph (b) of subsection (6) of section
473	1013.64, Florida Statutes, is amended to read:
474	1013.64  Funds for comprehensive educational plant needs;
475	construction cost maximums for school district capital
476	projects.--Allocations from the Public Education Capital Outlay
477	and Debt Service Trust Fund to the various boards for capital
478	outlay projects shall be determined as follows:
479	(6)
480	(b)1.  A district school board, including a district school
481	board of an academic performance-based charter school district,
482	must not use funds from the following sources: Public Education
483	Capital Outlay and Debt Service Trust Fund; School District and
484	Community College District Capital Outlay and Debt Service Trust
485	Fund; Classrooms First Program funds provided in s. 1013.68;
486	effort index grant funds provided in s. 1013.73; nonvoted 1.75-
487	mill 2-mill levy of ad valorem property taxes provided in s.
488	1011.71(2); Classrooms for Kids Program funds provided in s.
489	1013.735; District Effort Recognition Program funds provided in
490	s. 1013.736; or High Growth District Capital Outlay Assistance
491	Grant Program funds provided in s. 1013.738 for any new
492	construction of educational plant space with a total cost per
493	student station, including change orders, that equals more than:
494	a.  $17,952 for an elementary school,
495	b.  $19,386 for a middle school, or
496	c.  $25,181 for a high school,
497
498	(January 2006) as adjusted annually to reflect increases or
499	decreases in the Consumer Price Index.
500	2.  A district school board must not use funds from the
501	Public Education Capital Outlay and Debt Service Trust Fund or
502	the School District and Community College District Capital
503	Outlay and Debt Service Trust Fund for any new construction of
504	an ancillary plant that exceeds 70 percent of the average cost
505	per square foot of new construction for all schools.
506	Section 12.  Implementation of the provisions of section
507	1012.225, Florida Statutes, the Merit Award Program for
508	Instructional Personnel and School-Based Administrators, shall
509	be held in abeyance during the 2008-2009 fiscal year.
510	Section 13.  In order to implement Specific Appropriations
511	2, 3, and 41 through 44 of the Special Appropriations Act for
512	the 2008-2009 fiscal year, the calculations of the Florida
513	Education Finance Program for the 2008-2009 fiscal year in the
514	document entitled "Public School Funding - The Florida Education
515	Finance Program," dated January 8, 2009, and filed with the
516	Secretary of the Senate are incorporated by reference for the
517	purpose of displaying the calculations used by the Legislature,
518	consistent with requirements of the Florida Statutes, in making
519	appropriations and reductions in appropriations for the Florida
520	Education Finance Program.
521	Section 14.  Section 11 of chapter 2008-142 and section 2
522	of chapter 2008-213, Laws of Florida, are repealed.
523	Section 15.  This act shall take effect February 1, 2009,
524	or upon becoming a law, whichever occurs later; however, if this
525	act becomes a law after February 1, 2009, ss. 1002.53, 1002.61,
526	1002.63, 1002.71, and 1002.73, Florida Statutes, as amended by
527	this act, shall operate retroactively to February 1, 2009.

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