CS/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.; authorizing the
32	purchase of certain enterprise resource software
33	applications with revenues from the district school tax
34	levy; revising provisions and eliminating restrictions
35	relating to the expenditure of revenues from the district
36	school tax levy; amending s. 1011.73, F.S.; conforming a
37	cross-reference; amending s. 1013.64, F.S.; conforming
38	provisions; requiring Merit Award Program awards for
39	personnel in 2008-2009 to be paid in fiscal year 2009-2010
40	to the extent funds are available and appropriated in
41	fiscal year 2009-2010; incorporating by reference certain
42	calculations of the Florida Education Finance Program for
43	the 2008-2009 fiscal year; repealing s. 11 of ch. 2008-142
44	and s. 2 of ch. 2008-213, Laws of Florida, relating to the
45	expiration and reversion of certain district school tax
46	provisions, to conform; providing for contingent
47	retroactive application of specified provisions of the
48	act; providing an effective date.
49
50	Be It Enacted by the Legislature of the State of Florida:
51
52	Section 1.  Present subsections (4) and (5) of section
53	218.503, Florida Statutes, are renumbered as subsections (5) and
54	(6), respectively, and a new subsection (4) is added to that
55	section to read:
56	218.503  Determination of financial emergency.--
57	(4)  Notwithstanding ss. 1001.395 and 1001.47, if the
58	Commissioner of Education determines that the measures imposed
59	pursuant to subsection (3) have not eliminated a state of
60	financial emergency in a school district within 30 days after
61	the date the financial emergency was declared to exist, the
62	salary of each district school board member, the district
63	superintendent, and each district employee shall be reduced
64	proportionately in an amount necessary to provide for an
65	unreserved general fund balance of 2 percent of general fund
66	revenues in the district's operating budget.
67	Section 2.  Paragraph (c) of subsection (3) of section
68	1002.53, Florida Statutes, is amended to read:
69	1002.53  Voluntary Prekindergarten Education Program;
70	eligibility and enrollment.--
71	(3)  The parent of each child eligible under subsection (2)
72	may enroll the child in one of the following programs:
73	(c)  A school-year prekindergarten program delivered by a
74	public school, if offered by a school district that is eligible
75	under s. 1002.63.
76
77	Except as provided in s. 1002.71(4), a child may not enroll in
78	more than one of these programs.
79	Section 3.  Subsections (4) and (7) of section 1002.61,
80	Florida Statutes, are amended to read:
81	1002.61  Summer prekindergarten program delivered by public
82	schools and private prekindergarten providers.--
83	(4)  Notwithstanding ss. 1002.55(3)(c)1. and 1002.63(4)
84	1002.63(5), each public school and private prekindergarten
85	provider must have, for each prekindergarten class, at least one
86	prekindergarten instructor who:
87	(a)  Is a certified teacher; or
88	(b)  Holds one of the educational credentials specified in
89	s. 1002.55(4)(a) or (b).
90
91	As used in this subsection, the term "certified teacher" means a
92	teacher holding a valid Florida educator certificate under s.
93	1012.56 who has the qualifications required by the district
94	school board to instruct students in the summer prekindergarten
95	program. In selecting instructional staff for the summer
96	prekindergarten program, each school district shall give
97	priority to teachers who have experience or coursework in early
98	childhood education.
99	(7)  Notwithstanding ss. 1002.55(3)(f) and 1002.63(7)
100	1002.63(8), each prekindergarten class in the summer
101	prekindergarten program, regardless of whether the class is a
102	public school's or private prekindergarten provider's class,
103	must be composed of at least 4 students but may not exceed 12 10
104	students beginning with the 2009 summer session. In order to
105	protect the health and safety of students, each public school or
106	private prekindergarten provider must also provide appropriate
107	adult supervision for students at all times. This subsection
108	does not supersede any requirement imposed on a provider under
109	ss. 402.301-402.319.
110	Section 4.  Section 1002.63, Florida Statutes, is amended
111	to read:
112	1002.63  School-year prekindergarten program delivered by
113	public schools.--
114	(1)  Each school district eligible under subsection (4) may
115	administer the Voluntary Prekindergarten Education Program at
116	the district level for students enrolled under s. 1002.53(3)(c)
117	in a school-year prekindergarten program delivered by a public
118	school.
119	(2)  Each school-year prekindergarten program delivered by
120	a public school must comprise at least 540 instructional hours.
121	(3)  The district school board of each school district
122	eligible under subsection (4) shall determine which public
123	schools in the district may are eligible to deliver the
124	prekindergarten program during the school year.
125	(4)  To be eligible to deliver the prekindergarten program
126	during the school year, each school district must meet both of
127	the following requirements:
128	(a)  The district school board must certify to the State
129	Board of Education that the school district:
130	1.  Has reduced the average class size in each classroom in
131	accordance with s. 1003.03 and the schedule in s. 1(a), Art. IX
132	of the State Constitution; and
133	2.  Has sufficient satisfactory educational facilities and
134	capital outlay funds to continue reducing the average class size
135	in each classroom in the district's elementary schools for each
136	year in accordance with the schedule for class size reduction
137	and to achieve full compliance with the maximum class sizes in
138	s. 1(a), Art. IX of the State Constitution by the beginning of
139	the 2010-2011 school year.
140	(b)  The Commissioner of Education must certify to the
141	State Board of Education that the department has reviewed the
142	school district's educational facilities, capital outlay funds,
143	and projected student enrollment and concurs with the district
144	school board's certification under paragraph (a).
145	(4)(5)  Each public school must have, for each
146	prekindergarten class, at least one prekindergarten instructor
147	who meets each requirement in s. 1002.55(3)(c) for a
148	prekindergarten instructor of a private prekindergarten
149	provider.
150	(5)(6)  Each prekindergarten instructor employed by a
151	public school delivering the school-year prekindergarten program
152	must be of good moral character, must be screened using the
153	level 2 screening standards in s. 435.04 before employment and
154	rescreened at least once every 5 years, must be denied
155	employment or terminated if required under s. 435.06, and must
156	not be ineligible to teach in a public school because his or her
157	educator certificate is suspended or revoked. This subsection
158	does not supersede employment requirements for instructional
159	personnel in public schools which are more stringent than the
160	requirements of this subsection.
161	(6)(7)  A public school prekindergarten provider may assign
162	a substitute instructor to temporarily replace a credentialed
163	instructor if the credentialed instructor assigned to a
164	prekindergarten class is absent, as long as the substitute
165	instructor is of good moral character and has been screened
166	before employment in accordance with level 2 background
167	screening requirements in chapter 435. This subsection does not
168	supersede employment requirements for instructional personnel in
169	public schools which are more stringent than the requirements of
170	this subsection. The Agency for Workforce Innovation shall adopt
171	rules to implement this subsection which shall include required
172	qualifications of substitute instructors and the circumstances
173	and time limits for which a public school prekindergarten
174	provider may assign a substitute instructor.
175	(7)(8)  Each prekindergarten class in a public school
176	delivering the school-year prekindergarten program must be
177	composed of at least 4 students but may not exceed 18 students.
178	In order to protect the health and safety of students, each
179	school must also provide appropriate adult supervision for
180	students at all times and, for each prekindergarten class
181	composed of 11 or more students, must have, in addition to a
182	prekindergarten instructor who meets the requirements of s.
183	1002.55(3)(c), at least one adult prekindergarten instructor who
184	is not required to meet those requirements but who must meet
185	each requirement of subsection (5) (6).
186	(8)(9)  Each public school delivering the school-year
187	prekindergarten program must:
188	(a)  Register with the early learning coalition on forms
189	prescribed by the Agency for Workforce Innovation; and
190	(b)  Deliver the Voluntary Prekindergarten Education
191	Program in accordance with this part.
192	Section 5.  Subsections (3) and (4), paragraph (d) of
193	subsection (6), and subsection (7) of section 1002.71, Florida
194	Statutes, are amended to read:
195	1002.71  Funding; financial and attendance reporting.--
196	(3)(a)  A separate The base student allocation per full-
197	time equivalent student in the Voluntary Prekindergarten
198	Education Program shall be provided in the General
199	Appropriations Act for a school-year prekindergarten program and
200	for a summer prekindergarten program. The base student
201	allocation for a school-year prekindergarten program and shall
202	be equal for each student, regardless of whether the student is
203	enrolled in a school-year prekindergarten program delivered by a
204	public school or a private prekindergarten provider. The base
205	student allocation for, a summer prekindergarten program shall
206	be equal for each student, regardless of whether the student is
207	enrolled in a summer prekindergarten program delivered by a
208	public school or a private prekindergarten provider, or a
209	school-year prekindergarten program delivered by a public
210	school.
211	(b)  Each county's allocation per full-time equivalent
212	student in the Voluntary Prekindergarten Education Program shall
213	be calculated annually by multiplying the base student
214	allocation provided in the General Appropriations Act by the
215	county's district cost differential provided in s. 1011.62(2).
216	Each private prekindergarten provider and public school shall be
217	paid in accordance with the county's allocation per full-time
218	equivalent student.
219	(c)  The initial allocation shall be based on estimated
220	student enrollment in each coalition service area. The Agency
221	for Workforce Innovation shall reallocate funds among the
222	coalitions based on actual full-time equivalent student
223	enrollment in each coalition service area.
224	(d)  For programs offered by school districts pursuant to
225	s. 1002.61 and beginning with the 2009 summer program, each
226	district's funding shall be based on a full-time equivalent
227	student enrollment that is evenly divisible by 12 10. If the
228	result of dividing a district's full-time equivalent student
229	enrollment by 12 10 is not a whole number, the district's
230	enrollment calculation shall be adjusted by adding the minimum
231	number of full-time equivalent students to produce a full-time
232	equivalent student enrollment calculation that is evenly
233	divisible by 12 10.
234	(4)  Notwithstanding s. 1002.53(3) and subsection (2):
235	(a)  A child who, for any of the prekindergarten programs
236	listed in s. 1002.53(3), has not completed more than 10 percent
237	of the hours authorized to be reported for funding under
238	subsection (2) may withdraw from the program for good cause,
239	reenroll in one of the programs, and be reported for funding
240	purposes as a full-time equivalent student in the program for
241	which the child is reenrolled. The total funding for a child who
242	reenrolls in the same program shall not exceed one full-time
243	equivalent student.
244	(b)  A child who has not substantially completed any of the
245	prekindergarten programs listed in s. 1002.53(3) may withdraw
246	from the program due to an extreme hardship that is beyond the
247	child's or parent's control, reenroll in one of the summer
248	programs, and be reported for funding purposes as a full-time
249	equivalent student in the summer program for which the child is
250	reenrolled.
251
252	A child may reenroll only once in a prekindergarten program
253	under this section. A child who reenrolls in a prekindergarten
254	program under this subsection may not subsequently withdraw from
255	the program and reenroll. The Agency for Workforce Innovation
256	shall establish criteria specifying whether a good cause exists
257	for a child to withdraw from a program under paragraph (a),
258	whether a child has substantially completed a program under
259	paragraph (b), and whether an extreme hardship exists which is
260	beyond the child's or parent's control under paragraph (b).
261	(6)
262	(d)  The Agency for Workforce Innovation shall adopt, for
263	funding purposes, a uniform attendance policy for the Voluntary
264	Prekindergarten Education Program. The attendance policy must
265	apply statewide and apply equally to all private prekindergarten
266	providers and public schools. The attendance policy must
267	establish a minimum requirement for student attendance and
268	include the following provisions:
269	1.  Beginning with the 2009-2010 fiscal year for school-
270	year programs and the 2009 summer program, a student who meets
271	the minimum requirement of 80 percent of the total number of
272	hours for the program may be reported as a full-time equivalent
273	student for funding purposes.
274	2.  A student who does not meet the minimum requirement may
275	be reported only as a fractional part of a full-time equivalent
276	student, reduced pro rata based on the student's attendance.
277	3.  A student who does not meet the minimum requirement may
278	be reported as a full-time equivalent student if the student is
279	absent for good cause in accordance with exceptions specified in
280	the uniform attendance policy.
281
282	The uniform attendance policy shall be used only for funding
283	purposes and does not prohibit a private prekindergarten
284	provider or public school from adopting and enforcing its
285	attendance policy under paragraphs (a) and (c).
286	(7)  The Agency for Workforce Innovation shall require that
287	administrative expenditures be kept to the minimum necessary for
288	efficient and effective administration of the Voluntary
289	Prekindergarten Education Program. Administrative policies and
290	procedures shall be revised, to the maximum extent practicable,
291	to incorporate the use of automation and electronic submission
292	of forms, including those required for child eligibility and
293	enrollment, provider and class registration, and monthly
294	certification of attendance for payment. Beginning with the
295	2008-2009 fiscal year, each early learning coalition may retain
296	and expend no more than 4.85 5 percent of the funds paid by the
297	coalition to private prekindergarten providers and public
298	schools under paragraph (5)(b). Funds retained by an early
299	learning coalition under this subsection may be used only for
300	administering the Voluntary Prekindergarten Education Program
301	and may not be used for the school readiness program or other
302	programs.
303	Section 6.  Paragraphs (c) and (d) of subsection (2) of
304	section 1002.73, Florida Statutes, are amended to read:
305	1002.73  Department of Education; powers and duties;
306	accountability requirements.--
307	(2)  The department shall adopt procedures for the
308	department's:
309	(c)  Certification of school districts that are eligible to
310	deliver the school-year prekindergarten program under s.
311	1002.63.
312	(c)(d)  Administration of the statewide kindergarten
313	screening and calculation of kindergarten readiness rates under
314	s. 1002.69.
315	Section 7.  Paragraph (a) of subsection (4) of section
316	1003.03, Florida Statutes, is amended to read:
317	1003.03  Maximum class size.--
318	(4)  ACCOUNTABILITY.--
319	(a)1.  Beginning in the 2003-2004 fiscal year, if the
320	department determines for any year that a school district has
321	not reduced average class size as required in subsection (2) at
322	the time of the third FEFP calculation, the department shall
323	calculate an amount from the class size reduction operating
324	categorical which is proportionate to the amount of class size
325	reduction not accomplished. Upon verification of the
326	department's calculation by the Florida Education Finance
327	Program Appropriation Allocation Conference and not later than
328	March 1 of each year, the Executive Office of the Governor shall
329	transfer undistributed funds equivalent to the calculated amount
330	from the district's class size reduction operating categorical
331	to an approved fixed capital outlay appropriation for class size
332	reduction in the affected district pursuant to s. 216.292(2)(d).
333	The amount of funds transferred shall be the lesser of the
334	amount verified by the Florida Education Finance Program
335	Appropriation Allocation Conference or the undistributed balance
336	of the district's class size reduction operating categorical.
337	2.  In lieu of the transfer required by subparagraph 1.,
338	the Commissioner of Education may recommend a budget amendment,
339	subject to approval by the Legislative Budget Commission, to
340	transfer an alternative amount of funds from the district's
341	class size reduction operating categorical to its approved fixed
342	capital outlay account for class size reduction if the
343	commissioner finds that the State Board of Education has
344	reviewed evidence indicating that a district has been unable to
345	meet class size reduction requirements despite appropriate
346	effort to do so. The commissioner's budget amendment must be
347	submitted to the Legislative Budget Commission by February 15 of
348	each year.
349	3.  For the 2007-2008 fiscal year and thereafter, if in any
350	fiscal year funds from a district's class size operating
351	categorical are required to be transferred to its fixed capital
352	outlay fund and the district's class size operating categorical
353	allocation in the General Appropriations Act for that fiscal
354	year has been reduced by a subsequent appropriation, the
355	Commissioner of Education may recommend a 50-percent 10-percent
356	reduction in the amount of the transfer.
357	Section 8.  Section 1011.051, Florida Statutes, is created
358	to read:
359	1011.051  Guidelines for general funds.--The district
360	school board shall maintain an unreserved general fund balance
361	that is sufficient to address normal contingencies. If at any
362	time the unreserved general fund in the district's approved
363	operating budget falls below:
364	(1)  Five percent of projected general fund revenues, the
365	superintendent shall provide written notification to the
366	district school board and the Commissioner of Education.
367	(2)  Two percent of projected general fund revenues, the
368	provisions of s. 447.4095 shall be followed for the purpose of
369	modifying existing collective bargaining agreements as necessary
370	to avoid a financial emergency within the school district as
371	provided under part V of chapter 218. If the parties fail to
372	reach agreement and proceed to implement the provisions of s.
373	447.403, the superintendent shall provide written notification
374	to the Commissioner of Education, the dispute shall be resolved
375	through an expedited impasse hearing, and the timelines
376	prescribed in s. 447.403(2)(c) shall apply.
377	Section 9.  Paragraph (d) of subsection (2) and subsections
378	(4) through (8) of section 1011.71, Florida Statutes, are
379	amended, and paragraphs (k) and (l) are added to subsection (2)
380	of that section, to read:
381	1011.71  District school tax.--
382	(2)  In addition to the maximum millage levy as provided in
383	subsection (1), each school board may levy not more than 1.75
384	mills against the taxable value for school purposes for district
385	schools, including charter schools at the discretion of the
386	school board, to fund:
387	(d)  The purchase, lease-purchase, or lease of new and
388	replacement equipment, and enterprise resource software
389	applications that are classified as capital assets in accordance
390	with definitions of the Governmental Accounting Standards Board,
391	have a useful life of at least 5 years, and are used to support
392	district-wide administration or state mandated reporting
393	requirements.
394	(k)  Payment of the cost of premiums for property and
395	casualty insurance necessary to insure school district
396	educational and ancillary plants as required by ss.
397	1001.42(11)(d) and 1001.51(11)(k).
398	(l)  The purchase, lease-purchase, or lease of driver's
399	education vehicles; motor vehicles used for the maintenance or
400	operation of plants and equipment; security vehicles; or
401	vehicles used in storing or distributing materials and
402	equipment.
403	(4)  A school district that has met the reduction
404	requirements regarding class size for the 2008-2009 fiscal year
405	pursuant to s. 1003.03 for K-12 students for whom the school
406	district provides the educational facilities and governs
407	operations and certifies to the Commissioner of Education that
408	the district does not need all of its discretionary 1.75-mill
409	capital improvement revenue for capital outlay purposes and all
410	of the district's instructional space needs for the next 5 years
411	can be met from capital outlay sources that the district
412	reasonably expects to receive during the next 5 years from local
413	revenues and from currently appropriated state facilities
414	funding or from alternative scheduling or construction, leasing,
415	rezoning, or technological methodologies that exhibit sound
416	management may expend, subject to the provisions of s. 200.065,
417	up to $65 per unweighted full-time equivalent student from the
418	revenue generated by the 2008-2009 millage levy authorized by
419	subsection (2) to fund, in addition to expenditures authorized
420	in paragraphs (2)(a)-(j), 2008-2009 expenses for the following:
421	(a)  The purchase, lease-purchase, or lease of driver's
422	education vehicles; motor vehicles used for the maintenance or
423	operation of plants and equipment; security vehicles; or
424	vehicles used in storing or distributing materials and
425	equipment.
426	(b)  Payment of the cost of premiums for property and
427	casualty insurance necessary to insure school district
428	educational and ancillary plants. Operating revenues that are
429	made available through the payment of property and casualty
430	insurance premiums from revenues generated under this subsection
431	may be expended only for nonrecurring operational expenditures
432	of the school district.
433	(4)(5)  Violations of the expenditure provisions in
434	subsection (2) or subsection (4) shall result in an equal dollar
435	reduction in the Florida Education Finance Program (FEFP) funds
436	for the violating district in the fiscal year following the
437	audit citation.
438	(5)(6)  These taxes shall be certified, assessed, and
439	collected as prescribed in s. 1011.04 and shall be expended as
440	provided by law.
441	(6)(7)  Nothing in s. 1011.62(4)(a)1. shall in any way be
442	construed to increase the maximum school millage levies as
443	provided for in subsection (1).
444	(7)(8)  In addition to the maximum millage levied under
445	this section and the General Appropriations Act, a school
446	district may levy, by local referendum or in a general election,
447	additional millage for school operational purposes up to an
448	amount that, when combined with nonvoted millage levied under
449	this section, does not exceed the 10-mill limit established in
450	s. 9(b), Art. VII of the State Constitution. Any such levy shall
451	be for a maximum of 4 years and shall be counted as part of the
452	10-mill limit established in s. 9(b), Art. VII of the State
453	Constitution. Millage elections conducted under the authority
454	granted pursuant to this section are subject to s. 1011.73.
455	Funds generated by such additional millage do not become a part
456	of the calculation of the Florida Education Finance Program
457	total potential funds in 2001-2002 or any subsequent year and
458	must not be incorporated in the calculation of any hold-harmless
459	or other component of the Florida Education Finance Program
460	formula in any year. If an increase in required local effort,
461	when added to existing millage levied under the 10-mill limit,
462	would result in a combined millage in excess of the 10-mill
463	limit, any millage levied pursuant to this subsection shall be
464	considered to be required local effort to the extent that the
465	district millage would otherwise exceed the 10-mill limit.
466	Section 10.  Subsection (2) of section 1011.73, Florida
467	Statutes, is amended to read:
468	1011.73  District millage elections.--
469	(2)  MILLAGE AUTHORIZED NOT TO EXCEED 4 YEARS.--The
470	district school board, pursuant to resolution adopted at a
471	regular meeting, shall direct the county commissioners to call
472	an election at which the electors within the school district may
473	approve an ad valorem tax millage as authorized under s.
474	1011.71(7) 1011.71(8). Such election may be held at any time,
475	except that not more than one such election shall be held during
476	any 12-month period. Any millage so authorized shall be levied
477	for a period not in excess of 4 years or until changed by
478	another millage election, whichever is earlier. If any such
479	election is invalidated by a court of competent jurisdiction,
480	such invalidated election shall be considered not to have been
481	held.
482	Section 11.  Paragraph (b) of subsection (6) of section
483	1013.64, Florida Statutes, is amended to read:
484	1013.64  Funds for comprehensive educational plant needs;
485	construction cost maximums for school district capital
486	projects.--Allocations from the Public Education Capital Outlay
487	and Debt Service Trust Fund to the various boards for capital
488	outlay projects shall be determined as follows:
489	(6)
490	(b)1.  A district school board, including a district school
491	board of an academic performance-based charter school district,
492	must not use funds from the following sources: Public Education
493	Capital Outlay and Debt Service Trust Fund; School District and
494	Community College District Capital Outlay and Debt Service Trust
495	Fund; Classrooms First Program funds provided in s. 1013.68;
496	effort index grant funds provided in s. 1013.73; nonvoted 1.75-
497	mill 2-mill levy of ad valorem property taxes provided in s.
498	1011.71(2); Classrooms for Kids Program funds provided in s.
499	1013.735; District Effort Recognition Program funds provided in
500	s. 1013.736; or High Growth District Capital Outlay Assistance
501	Grant Program funds provided in s. 1013.738 for any new
502	construction of educational plant space with a total cost per
503	student station, including change orders, that equals more than:
504	a.  $17,952 for an elementary school,
505	b.  $19,386 for a middle school, or
506	c.  $25,181 for a high school,
507
508	(January 2006) as adjusted annually to reflect increases or
509	decreases in the Consumer Price Index.
510	2.  A district school board must not use funds from the
511	Public Education Capital Outlay and Debt Service Trust Fund or
512	the School District and Community College District Capital
513	Outlay and Debt Service Trust Fund for any new construction of
514	an ancillary plant that exceeds 70 percent of the average cost
515	per square foot of new construction for all schools.
516	Section 12.  Merit awards for instructional personnel and
517	school-based administrators selected for the Merit Award Program
518	in 2008-2009, pursuant to s. 1012.225, Florida Statutes, are
519	required to be paid in fiscal year 2009-2010 only to the extent
520	funds are available and specifically appropriated in fiscal year
521	2009-2010.
522	Section 13.  In order to implement Specific Appropriations
523	2, 3, and 35 through 38 of the Special Appropriations Act for
524	the 2008-2009 fiscal year, the calculations of the Florida
525	Education Finance Program for the 2008-2009 fiscal year in the
526	document entitled "Public School Funding - The Florida Education
527	Finance Program," dated January  , 2009, and filed with the
528	Clerk of the House of Representatives are incorporated by
529	reference for the purpose of displaying the calculations used by
530	the Legislature, consistent with requirements of the Florida
531	Statutes, in making appropriations and reductions in
532	appropriations for the Florida Education Finance Program.
533	Section 14.  Section 11 of chapter 2008-142 and section 2
534	of chapter 2008-213, Laws of Florida, are repealed.
535	Section 15.  This act shall take effect February 1, 2009,
536	or upon becoming a law, whichever occurs later; however, if this
537	act becomes a law after February 1, 2009, ss. 1002.53, 1002.61,
538	1002.63, 1002.71, and 1002.73, Florida Statutes, as amended by
539	this act, shall operate retroactively to February 1, 2009.

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