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; authorizing the waiver of penalty
42	for certain audit citations; incorporating by reference
43	certain calculations of the Florida Education Finance
44	Program for the 2008-2009 fiscal year; repealing s. 11 of
45	ch. 2008-142 and s. 2 of ch. 2008-213, Laws of Florida,
46	relating to the expiration and reversion of certain
47	district school tax provisions, to conform; providing for
48	contingent retroactive application of specified provisions
49	of the act; providing an effective date.
50
51	Be It Enacted by the Legislature of the State of Florida:
52
53	Section 1.  Present subsections (4) and (5) of section
54	218.503, Florida Statutes, are renumbered as subsections (5) and
55	(6), respectively, and a new subsection (4) is added to that
56	section to read:
57	218.503  Determination of financial emergency.--
58	(4)  Notwithstanding ss. 1001.395 and 1001.47, if the
59	Commissioner of Education determines that the measures imposed
60	pursuant to subsection (3) have not eliminated a state of
61	financial emergency in a school district within 30 days after
62	the date the financial emergency was declared to exist, the
63	salary of each district school board member, the district
64	superintendent, and each district employee, except for classroom
65	teachers and other classroom instructional personnel, shall be
66	reduced proportionately in an amount necessary to provide for an
67	unreserved general fund balance of 2 percent of general fund
68	revenues in the district's operating budget.
69	Section 2.  Paragraph (c) of subsection (3) of section
70	1002.53, Florida Statutes, is amended to read:
71	1002.53  Voluntary Prekindergarten Education Program;
72	eligibility and enrollment.--
73	(3)  The parent of each child eligible under subsection (2)
74	may enroll the child in one of the following programs:
75	(c)  A school-year prekindergarten program delivered by a
76	public school, if offered by a school district that is eligible
77	under s. 1002.63.
78
79	Except as provided in s. 1002.71(4), a child may not enroll in
80	more than one of these programs.
81	Section 3.  Subsections (4) and (7) of section 1002.61,
82	Florida Statutes, are amended to read:
83	1002.61  Summer prekindergarten program delivered by public
84	schools and private prekindergarten providers.--
85	(4)  Notwithstanding ss. 1002.55(3)(c)1. and 1002.63(4)
86	1002.63(5), each public school and private prekindergarten
87	provider must have, for each prekindergarten class, at least one
88	prekindergarten instructor who:
89	(a)  Is a certified teacher; or
90	(b)  Holds one of the educational credentials specified in
91	s. 1002.55(4)(a) or (b).
92
93	As used in this subsection, the term "certified teacher" means a
94	teacher holding a valid Florida educator certificate under s.
95	1012.56 who has the qualifications required by the district
96	school board to instruct students in the summer prekindergarten
97	program. In selecting instructional staff for the summer
98	prekindergarten program, each school district shall give
99	priority to teachers who have experience or coursework in early
100	childhood education.
101	(7)  Notwithstanding ss. 1002.55(3)(f) and 1002.63(7)
102	1002.63(8), each prekindergarten class in the summer
103	prekindergarten program, regardless of whether the class is a
104	public school's or private prekindergarten provider's class,
105	must be composed of at least 4 students but may not exceed 12 10
106	students beginning with the 2009 summer session. In order to
107	protect the health and safety of students, each public school or
108	private prekindergarten provider must also provide appropriate
109	adult supervision for students at all times. This subsection
110	does not supersede any requirement imposed on a provider under
111	ss. 402.301-402.319.
112	Section 4.  Section 1002.63, Florida Statutes, is amended
113	to read:
114	1002.63  School-year prekindergarten program delivered by
115	public schools.--
116	(1)  Each school district eligible under subsection (4) may
117	administer the Voluntary Prekindergarten Education Program at
118	the district level for students enrolled under s. 1002.53(3)(c)
119	in a school-year prekindergarten program delivered by a public
120	school.
121	(2)  Each school-year prekindergarten program delivered by
122	a public school must comprise at least 540 instructional hours.
123	(3)  The district school board of each school district
124	eligible under subsection (4) shall determine which public
125	schools in the district may are eligible to deliver the
126	prekindergarten program during the school year.
127	(4)  To be eligible to deliver the prekindergarten program
128	during the school year, each school district must meet both of
129	the following requirements:
130	(a)  The district school board must certify to the State
131	Board of Education that the school district:
132	1.  Has reduced the average class size in each classroom in
133	accordance with s. 1003.03 and the schedule in s. 1(a), Art. IX
134	of the State Constitution; and
135	2.  Has sufficient satisfactory educational facilities and
136	capital outlay funds to continue reducing the average class size
137	in each classroom in the district's elementary schools for each
138	year in accordance with the schedule for class size reduction
139	and to achieve full compliance with the maximum class sizes in
140	s. 1(a), Art. IX of the State Constitution by the beginning of
141	the 2010-2011 school year.
142	(b)  The Commissioner of Education must certify to the
143	State Board of Education that the department has reviewed the
144	school district's educational facilities, capital outlay funds,
145	and projected student enrollment and concurs with the district
146	school board's certification under paragraph (a).
147	(4)(5)  Each public school must have, for each
148	prekindergarten class, at least one prekindergarten instructor
149	who meets each requirement in s. 1002.55(3)(c) for a
150	prekindergarten instructor of a private prekindergarten
151	provider.
152	(5)(6)  Each prekindergarten instructor employed by a
153	public school delivering the school-year prekindergarten program
154	must be of good moral character, must be screened using the
155	level 2 screening standards in s. 435.04 before employment and
156	rescreened at least once every 5 years, must be denied
157	employment or terminated if required under s. 435.06, and must
158	not be ineligible to teach in a public school because his or her
159	educator certificate is suspended or revoked. This subsection
160	does not supersede employment requirements for instructional
161	personnel in public schools which are more stringent than the
162	requirements of this subsection.
163	(6)(7)  A public school prekindergarten provider may assign
164	a substitute instructor to temporarily replace a credentialed
165	instructor if the credentialed instructor assigned to a
166	prekindergarten class is absent, as long as the substitute
167	instructor is of good moral character and has been screened
168	before employment in accordance with level 2 background
169	screening requirements in chapter 435. This subsection does not
170	supersede employment requirements for instructional personnel in
171	public schools which are more stringent than the requirements of
172	this subsection. The Agency for Workforce Innovation shall adopt
173	rules to implement this subsection which shall include required
174	qualifications of substitute instructors and the circumstances
175	and time limits for which a public school prekindergarten
176	provider may assign a substitute instructor.
177	(7)(8)  Each prekindergarten class in a public school
178	delivering the school-year prekindergarten program must be
179	composed of at least 4 students but may not exceed 18 students.
180	In order to protect the health and safety of students, each
181	school must also provide appropriate adult supervision for
182	students at all times and, for each prekindergarten class
183	composed of 11 or more students, must have, in addition to a
184	prekindergarten instructor who meets the requirements of s.
185	1002.55(3)(c), at least one adult prekindergarten instructor who
186	is not required to meet those requirements but who must meet
187	each requirement of subsection (5) (6).
188	(8)(9)  Each public school delivering the school-year
189	prekindergarten program must:
190	(a)  Register with the early learning coalition on forms
191	prescribed by the Agency for Workforce Innovation; and
192	(b)  Deliver the Voluntary Prekindergarten Education
193	Program in accordance with this part.
194	Section 5.  Subsections (3) and (4), paragraph (d) of
195	subsection (6), and subsection (7) of section 1002.71, Florida
196	Statutes, are amended to read:
197	1002.71  Funding; financial and attendance reporting.--
198	(3)(a)  A separate The base student allocation per full-
199	time equivalent student in the Voluntary Prekindergarten
200	Education Program shall be provided in the General
201	Appropriations Act for a school-year prekindergarten program and
202	for a summer prekindergarten program. The base student
203	allocation for a school-year prekindergarten program and shall
204	be equal for each student, regardless of whether the student is
205	enrolled in a school-year prekindergarten program delivered by a
206	public school or a private prekindergarten provider. The base
207	student allocation for, a summer prekindergarten program shall
208	be equal for each student, regardless of whether the student is
209	enrolled in a summer prekindergarten program delivered by a
210	public school or a private prekindergarten provider, or a
211	school-year prekindergarten program delivered by a public
212	school.
213	(b)  Each county's allocation per full-time equivalent
214	student in the Voluntary Prekindergarten Education Program shall
215	be calculated annually by multiplying the base student
216	allocation provided in the General Appropriations Act by the
217	county's district cost differential provided in s. 1011.62(2).
218	Each private prekindergarten provider and public school shall be
219	paid in accordance with the county's allocation per full-time
220	equivalent student.
221	(c)  The initial allocation shall be based on estimated
222	student enrollment in each coalition service area. The Agency
223	for Workforce Innovation shall reallocate funds among the
224	coalitions based on actual full-time equivalent student
225	enrollment in each coalition service area.
226	(d)  For programs offered by school districts pursuant to
227	s. 1002.61 and beginning with the 2009 summer program, each
228	district's funding shall be based on a full-time equivalent
229	student enrollment that is evenly divisible by 12 10. If the
230	result of dividing a district's full-time equivalent student
231	enrollment by 12 10 is not a whole number, the district's
232	enrollment calculation shall be adjusted by adding the minimum
233	number of full-time equivalent students to produce a full-time
234	equivalent student enrollment calculation that is evenly
235	divisible by 12 10.
236	(4)  Notwithstanding s. 1002.53(3) and subsection (2):
237	(a)  A child who, for any of the prekindergarten programs
238	listed in s. 1002.53(3), has not completed more than 10 percent
239	of the hours authorized to be reported for funding under
240	subsection (2) may withdraw from the program for good cause,
241	reenroll in one of the programs, and be reported for funding
242	purposes as a full-time equivalent student in the program for
243	which the child is reenrolled. The total funding for a child who
244	reenrolls in the same program shall not exceed one full-time
245	equivalent student.
246	(b)  A child who has not substantially completed any of the
247	prekindergarten programs listed in s. 1002.53(3) may withdraw
248	from the program due to an extreme hardship that is beyond the
249	child's or parent's control, reenroll in one of the summer
250	programs, and be reported for funding purposes as a full-time
251	equivalent student in the summer program for which the child is
252	reenrolled.
253
254	A child may reenroll only once in a prekindergarten program
255	under this section. A child who reenrolls in a prekindergarten
256	program under this subsection may not subsequently withdraw from
257	the program and reenroll. The Agency for Workforce Innovation
258	shall establish criteria specifying whether a good cause exists
259	for a child to withdraw from a program under paragraph (a),
260	whether a child has substantially completed a program under
261	paragraph (b), and whether an extreme hardship exists which is
262	beyond the child's or parent's control under paragraph (b).
263	(6)
264	(d)  The Agency for Workforce Innovation shall adopt, for
265	funding purposes, a uniform attendance policy for the Voluntary
266	Prekindergarten Education Program. The attendance policy must
267	apply statewide and apply equally to all private prekindergarten
268	providers and public schools. The attendance policy must
269	establish a minimum requirement for student attendance and
270	include the following provisions:
271	1.  Beginning with the 2009-2010 fiscal year for school-
272	year programs and the 2009 summer program, a student who meets
273	the minimum requirement of 80 percent of the total number of
274	hours for the program may be reported as a full-time equivalent
275	student for funding purposes.
276	2.  A student who does not meet the minimum requirement may
277	be reported only as a fractional part of a full-time equivalent
278	student, reduced pro rata based on the student's attendance.
279	3.  A student who does not meet the minimum requirement may
280	be reported as a full-time equivalent student if the student is
281	absent for good cause in accordance with exceptions specified in
282	the uniform attendance policy.
283
284	The uniform attendance policy shall be used only for funding
285	purposes and does not prohibit a private prekindergarten
286	provider or public school from adopting and enforcing its
287	attendance policy under paragraphs (a) and (c).
288	(7)  The Agency for Workforce Innovation shall require that
289	administrative expenditures be kept to the minimum necessary for
290	efficient and effective administration of the Voluntary
291	Prekindergarten Education Program. Administrative policies and
292	procedures shall be revised, to the maximum extent practicable,
293	to incorporate the use of automation and electronic submission
294	of forms, including those required for child eligibility and
295	enrollment, provider and class registration, and monthly
296	certification of attendance for payment. A school district may
297	use the attendance reporting system with which it transmits data
298	regarding K-12 students to the Department of Education for the
299	purpose of transmitting attendance data for prekindergarten
300	students to the early learning coalition. Beginning with the
301	2008-2009 fiscal year, each early learning coalition may retain
302	and expend no more than 4.85 5 percent of the funds paid by the
303	coalition to private prekindergarten providers and public
304	schools under paragraph (5)(b). Funds retained by an early
305	learning coalition under this subsection may be used only for
306	administering the Voluntary Prekindergarten Education Program
307	and may not be used for the school readiness program or other
308	programs.
309	Section 6.  Paragraphs (c) and (d) of subsection (2) of
310	section 1002.73, Florida Statutes, are amended to read:
311	1002.73  Department of Education; powers and duties;
312	accountability requirements.--
313	(2)  The department shall adopt procedures for the
314	department's:
315	(c)  Certification of school districts that are eligible to
316	deliver the school-year prekindergarten program under s.
317	1002.63.
318	(c)(d)  Administration of the statewide kindergarten
319	screening and calculation of kindergarten readiness rates under
320	s. 1002.69.
321	Section 7.  Paragraph (a) of subsection (4) of section
322	1003.03, Florida Statutes, is amended to read:
323	1003.03  Maximum class size.--
324	(4)  ACCOUNTABILITY.--
325	(a)1.  Beginning in the 2003-2004 fiscal year, if the
326	department determines for any year that a school district has
327	not reduced average class size as required in subsection (2) at
328	the time of the third FEFP calculation, the department shall
329	calculate an amount from the class size reduction operating
330	categorical which is proportionate to the amount of class size
331	reduction not accomplished. Upon verification of the
332	department's calculation by the Florida Education Finance
333	Program Appropriation Allocation Conference and not later than
334	March 1 of each year, the Executive Office of the Governor shall
335	transfer undistributed funds equivalent to the calculated amount
336	from the district's class size reduction operating categorical
337	to an approved fixed capital outlay appropriation for class size
338	reduction in the affected district pursuant to s. 216.292(2)(d).
339	The amount of funds transferred shall be the lesser of the
340	amount verified by the Florida Education Finance Program
341	Appropriation Allocation Conference or the undistributed balance
342	of the district's class size reduction operating categorical.
343	2.  In lieu of the transfer required by subparagraph 1.,
344	the Commissioner of Education may recommend a budget amendment,
345	subject to approval by the Legislative Budget Commission, to
346	transfer an alternative amount of funds from the district's
347	class size reduction operating categorical to its approved fixed
348	capital outlay account for class size reduction if the
349	commissioner finds that the State Board of Education has
350	reviewed evidence indicating that a district has been unable to
351	meet class size reduction requirements despite appropriate
352	effort to do so. The commissioner's budget amendment must be
353	submitted to the Legislative Budget Commission by February 15 of
354	each year.
355	3.  For the 2007-2008 fiscal year and thereafter, if in any
356	fiscal year funds from a district's class size operating
357	categorical are required to be transferred to its fixed capital
358	outlay fund and the district's class size operating categorical
359	allocation in the General Appropriations Act for that fiscal
360	year has been reduced by a subsequent appropriation, the
361	Commissioner of Education may recommend a 50-percent 10-percent
362	reduction in the amount of the transfer.
363	Section 8.  Section 1011.051, Florida Statutes, is created
364	to read:
365	1011.051  Guidelines for general funds.--The district
366	school board shall maintain an unreserved general fund balance
367	that is sufficient to address normal contingencies. If at any
368	time the unreserved general fund in the district's approved
369	operating budget falls below:
370	(1)  Five percent of projected general fund revenues, the
371	superintendent shall provide written notification to the
372	district school board and the Commissioner of Education.
373	(2)  Two percent of projected general fund revenues, the
374	provisions of s. 447.4095 shall be followed for the purpose of
375	modifying existing collective bargaining agreements as necessary
376	to avoid a financial emergency within the school district as
377	provided under part V of chapter 218. If the parties fail to
378	reach agreement and proceed to implement the provisions of s.
379	447.403, the superintendent shall provide written notification
380	to the Commissioner of Education, the dispute shall be resolved
381	through an expedited impasse hearing, and the timelines
382	prescribed in s. 447.403(2)(c) shall apply.
383	Section 9.  Paragraph (d) of subsection (2) and subsections
384	(4) through (8) of section 1011.71, Florida Statutes, are
385	amended, and paragraphs (k) and (l) are added to subsection (2)
386	of that section, to read:
387	1011.71  District school tax.--
388	(2)  In addition to the maximum millage levy as provided in
389	subsection (1), each school board may levy not more than 1.75
390	mills against the taxable value for school purposes for district
391	schools, including charter schools at the discretion of the
392	school board, to fund:
393	(d)  The purchase, lease-purchase, or lease of new and
394	replacement equipment, and enterprise resource software
395	applications that are classified as capital assets in accordance
396	with definitions of the Governmental Accounting Standards Board,
397	have a useful life of at least 5 years, and are used to support
398	district-wide administration or state mandated reporting
399	requirements.
400	(k)  Payment of the cost of premiums for property and
401	casualty insurance necessary to insure school district
402	educational and ancillary plants as required by ss.
403	1001.42(11)(d) and 1001.51(11)(k).
404	(l)  The purchase, lease-purchase, or lease of driver's
405	education vehicles; motor vehicles used for the maintenance or
406	operation of plants and equipment; security vehicles; or
407	vehicles used in storing or distributing materials and
408	equipment.
409	(4)  A school district that has met the reduction
410	requirements regarding class size for the 2008-2009 fiscal year
411	pursuant to s. 1003.03 for K-12 students for whom the school
412	district provides the educational facilities and governs
413	operations and certifies to the Commissioner of Education that
414	the district does not need all of its discretionary 1.75-mill
415	capital improvement revenue for capital outlay purposes and all
416	of the district's instructional space needs for the next 5 years
417	can be met from capital outlay sources that the district
418	reasonably expects to receive during the next 5 years from local
419	revenues and from currently appropriated state facilities
420	funding or from alternative scheduling or construction, leasing,
421	rezoning, or technological methodologies that exhibit sound
422	management may expend, subject to the provisions of s. 200.065,
423	up to $65 per unweighted full-time equivalent student from the
424	revenue generated by the 2008-2009 millage levy authorized by
425	subsection (2) to fund, in addition to expenditures authorized
426	in paragraphs (2)(a)-(j), 2008-2009 expenses for the following:
427	(a)  The purchase, lease-purchase, or lease of driver's
428	education vehicles; motor vehicles used for the maintenance or
429	operation of plants and equipment; security vehicles; or
430	vehicles used in storing or distributing materials and
431	equipment.
432	(b)  Payment of the cost of premiums for property and
433	casualty insurance necessary to insure school district
434	educational and ancillary plants. Operating revenues that are
435	made available through the payment of property and casualty
436	insurance premiums from revenues generated under this subsection
437	may be expended only for nonrecurring operational expenditures
438	of the school district.
439	(4)(5)  Violations of the expenditure provisions in
440	subsection (2) or subsection (4) shall result in an equal dollar
441	reduction in the Florida Education Finance Program (FEFP) funds
442	for the violating district in the fiscal year following the
443	audit citation.
444	(5)(6)  These taxes shall be certified, assessed, and
445	collected as prescribed in s. 1011.04 and shall be expended as
446	provided by law.
447	(6)(7)  Nothing in s. 1011.62(4)(a)1. shall in any way be
448	construed to increase the maximum school millage levies as
449	provided for in subsection (1).
450	(7)(8)  In addition to the maximum millage levied under
451	this section and the General Appropriations Act, a school
452	district may levy, by local referendum or in a general election,
453	additional millage for school operational purposes up to an
454	amount that, when combined with nonvoted millage levied under
455	this section, does not exceed the 10-mill limit established in
456	s. 9(b), Art. VII of the State Constitution. Any such levy shall
457	be for a maximum of 4 years and shall be counted as part of the
458	10-mill limit established in s. 9(b), Art. VII of the State
459	Constitution. Millage elections conducted under the authority
460	granted pursuant to this section are subject to s. 1011.73.
461	Funds generated by such additional millage do not become a part
462	of the calculation of the Florida Education Finance Program
463	total potential funds in 2001-2002 or any subsequent year and
464	must not be incorporated in the calculation of any hold-harmless
465	or other component of the Florida Education Finance Program
466	formula in any year. If an increase in required local effort,
467	when added to existing millage levied under the 10-mill limit,
468	would result in a combined millage in excess of the 10-mill
469	limit, any millage levied pursuant to this subsection shall be
470	considered to be required local effort to the extent that the
471	district millage would otherwise exceed the 10-mill limit.
472	Section 10.  Subsection (2) of section 1011.73, Florida
473	Statutes, is amended to read:
474	1011.73  District millage elections.--
475	(2)  MILLAGE AUTHORIZED NOT TO EXCEED 4 YEARS.--The
476	district school board, pursuant to resolution adopted at a
477	regular meeting, shall direct the county commissioners to call
478	an election at which the electors within the school district may
479	approve an ad valorem tax millage as authorized under s.
480	1011.71(7) 1011.71(8). Such election may be held at any time,
481	except that not more than one such election shall be held during
482	any 12-month period. Any millage so authorized shall be levied
483	for a period not in excess of 4 years or until changed by
484	another millage election, whichever is earlier. If any such
485	election is invalidated by a court of competent jurisdiction,
486	such invalidated election shall be considered not to have been
487	held.
488	Section 11.  Paragraph (b) of subsection (6) of section
489	1013.64, Florida Statutes, is amended to read:
490	1013.64  Funds for comprehensive educational plant needs;
491	construction cost maximums for school district capital
492	projects.--Allocations from the Public Education Capital Outlay
493	and Debt Service Trust Fund to the various boards for capital
494	outlay projects shall be determined as follows:
495	(6)
496	(b)1.  A district school board, including a district school
497	board of an academic performance-based charter school district,
498	must not use funds from the following sources: Public Education
499	Capital Outlay and Debt Service Trust Fund; School District and
500	Community College District Capital Outlay and Debt Service Trust
501	Fund; Classrooms First Program funds provided in s. 1013.68;
502	effort index grant funds provided in s. 1013.73; nonvoted 1.75-
503	mill 2-mill levy of ad valorem property taxes provided in s.
504	1011.71(2); Classrooms for Kids Program funds provided in s.
505	1013.735; District Effort Recognition Program funds provided in
506	s. 1013.736; or High Growth District Capital Outlay Assistance
507	Grant Program funds provided in s. 1013.738 for any new
508	construction of educational plant space with a total cost per
509	student station, including change orders, that equals more than:
510	a.  $17,952 for an elementary school,
511	b.  $19,386 for a middle school, or
512	c.  $25,181 for a high school,
513
514	(January 2006) as adjusted annually to reflect increases or
515	decreases in the Consumer Price Index.
516	2.  A district school board must not use funds from the
517	Public Education Capital Outlay and Debt Service Trust Fund or
518	the School District and Community College District Capital
519	Outlay and Debt Service Trust Fund for any new construction of
520	an ancillary plant that exceeds 70 percent of the average cost
521	per square foot of new construction for all schools.
522	Section 12.  Merit awards for instructional personnel and
523	school-based administrators selected for the Merit Award Program
524	in 2008-2009, pursuant to s. 1012.225, Florida Statutes, are
525	required to be paid in fiscal year 2009-2010 only to the extent
526	funds are available and specifically appropriated in fiscal year
527	2009-2010.
528	Section 13.  If the Commissioner of Education determines
529	that a school district acted in good faith, he or she may waive
530	the equal-dollar reduction required in s. 1011.71(4), Florida
531	Statutes, for expenditures for property and casualty insurance
532	made between May 1 and December 31, 2007, and for the audit
533	findings for the 2006-2007 fiscal year related to the purchase
534	of software.
535	Section 14.  In order to implement Specific Appropriations
536	2, 3, and 35 through 38 of the Special Appropriations Act for
537	the 2008-2009 fiscal year, the calculations of the Florida
538	Education Finance Program for the 2008-2009 fiscal year in the
539	document entitled "Public School Funding - The Florida Education
540	Finance Program," dated January  , 2009, and filed with the
541	Clerk of the House of Representatives are incorporated by
542	reference for the purpose of displaying the calculations used by
543	the Legislature, consistent with requirements of the Florida
544	Statutes, in making appropriations and reductions in
545	appropriations for the Florida Education Finance Program.
546	Section 15.  Section 11 of chapter 2008-142 and section 2
547	of chapter 2008-213, Laws of Florida, are repealed.
548	Section 16.  This act shall take effect February 1, 2009,
549	or upon becoming a law, whichever occurs later; however, if this
550	act becomes a law after February 1, 2009, ss. 1002.53, 1002.61,
551	1002.63, 1002.71, and 1002.73, Florida Statutes, as amended by
552	this act, shall operate retroactively to February 1, 2009.

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