Florida Senate - 2009 PROPOSED COMMITTEE SUBSTITUTE
Bill No. SB 6-A
Barcode 618218
602-00062B-09A
Proposed Committee Substitute by the Committee on Education Pre
K - 12 Appropriations
1 A bill to be entitled
2 An act relating to education funding; amending s.
3 218.503, F.S.; providing for a reduction in salary for
4 certain school district employees when a state of
5 financial emergency within the district continues
6 beyond a specified period; amending ss. 1001.42 and
7 1001.50, F.S.; prohibiting a district school board
8 from entering into an employment contract that
9 provides for payment of an amount greater than 1 year
10 of an employee's or superintendent's annual salary for
11 termination, buy-out, or other type of settlement;
12 amending s. 1002.53, F.S., relating to the Voluntary
13 Prekindergarten Education Program; conforming
14 provisions to changes made by the act; amending s.
15 1002.61, F.S.; increasing the number of students
16 authorized for a summer prekindergarten class;
17 conforming cross-references; amending s. 1002.63,
18 F.S.; eliminating certain eligibility requirements for
19 delivering a prekindergarten program during the school
20 year; amending s. 1002.71, F.S.; providing for
21 separate base student allocations for school-year and
22 summer prekindergarten programs; revising the formula
23 for calculating and reporting full-time equivalent
24 student enrollment; providing certain restrictions
25 with respect to a child who reenrolls in a
26 prekindergarten program; requiring that certain
27 administrative procedures be automated; decreasing the
28 amount that an early learning coalition may expend for
29 administrative purposes; amending s. 1002.73, F.S.;
30 revising duties of the Department of Education, to
31 conform; amending s. 1006.40, F.S.; waiving, for the
32 adoption cycle of the 2008-2009 academic year, the
33 requirement that district school boards purchase
34 instructional materials in core courses; creating s.
35 1011.051, F.S.; requiring that district school boards
36 maintain an unreserved general fund balance sufficient
37 to address contingencies; specifying procedures for
38 the district to follow if the operating budget falls
39 below specified percentages or projected general fund
40 revenues; requiring that collective bargaining
41 agreements make adequate provisions for maintaining
42 the required general fund balances; providing that a
43 collective bargaining agreement entered into after the
44 effective date of the act which fails to comply with
45 the act is void and unenforceable; requiring
46 modification of collective bargaining agreements under
47 circumstances involving financial urgency; amending s.
48 1011.71, F.S.; eliminating certain restrictions on the
49 expenditure of revenues from the district school tax
50 levy; providing for future expiration of such
51 provisions; amending s. 1013.64, F.S., relating to
52 funds for constructing educational plant space;
53 conforming provisions; requiring that the Merit Award
54 Program for Instructional Personnel and School-Based
55 Administrators be held in abeyance during the 2008
56 2009 fiscal year; incorporating by reference certain
57 calculations of the Florida Education Finance Program
58 for the 2008-2009 fiscal year; providing for
59 contingent retroactive application of specified
60 provisions of the act; providing an effective date.
61
62 Be It Enacted by the Legislature of the State of Florida:
63
64 Section 1. Present subsections (4) and (5) of section
65 218.503, Florida Statutes, are renumbered as subsections (5) and
66 (6), respectively, and a new subsection (4) is added to that
67 section, to read:
68 218.503 Determination of financial emergency.—
69 (4) Notwithstanding ss. 1001.395 and 1001.47, if the
70 Commissioner of Education determines that the measures imposed
71 pursuant to subsection (3) have not eliminated a state of
72 financial emergency in a school district within 30 days after
73 the date the condition was declared to exist, the salary of each
74 district school board member, the district superintendent, and
75 each district employee shall be reduced proportionately in an
76 amount necessary to prevent a deficit in the unreserved general
77 fund of the district's operating budget during the remainder of
78 the fiscal year.
79 Section 2. Present subsection (25) of section 1001.42,
80 Florida Statutes, is renumbered as subsection (26), and a new
81 subsection (25) is added to that section, to read:
82 1001.42 Powers and duties of district school board.—The
83 district school board, acting as a board, shall exercise all
84 powers and perform all duties listed below:
85 (25) EMPLOYMENT CONTRACTS.—On or after February 1, 2009, a
86 district school board may not enter into an employment contract
87 that is funded from state funds and that requires the district
88 to pay an employee an amount in excess of 1 year of the
89 employee's annual salary for termination, buy-out, or any other
90 type of contract settlement.
91 Section 3. Subsection (2) of section 1001.50, Florida
92 Statutes, is amended to read:
93 1001.50 Superintendents employed under Art. IX of the State
94 Constitution.—
95 (2) The district school board of each of such districts
96 shall enter into contracts of employment with the district
97 school superintendent and shall adopt rules relating to his or
98 her appointment; however, on or after February 1, 2009, the
99 district school board may not enter into an employment contract
100 that is funded from state funds and that requires the district
101 to pay a superintendent an amount in excess of 1 year of the
102 superintendent's annual salary for termination, buy-out, or any
103 other type of contract settlement.
104 Section 4. Paragraph (c) of subsection (3) of section
105 1002.53, Florida Statutes, is amended to read:
106 1002.53 Voluntary Prekindergarten Education Program;
107 eligibility and enrollment.—
108 (3) The parent of each child eligible under subsection (2)
109 may enroll the child in one of the following programs:
110 (c) A school-year prekindergarten program delivered by a
111 public school, if offered by a school district that is eligible
112 under s. 1002.63.
113 Except as provided in s. 1002.71(4), a child may not enroll in
114 more than one of these programs.
115 Section 5. Subsections (4) and (7) of section 1002.61,
116 Florida Statutes, are amended to read:
117 1002.61 Summer prekindergarten program delivered by public
118 schools and private prekindergarten providers.—
119 (4) Notwithstanding ss. 1002.55(3)(c)1. and 1002.63(4)
120 1002.63(5), each public school and private prekindergarten
121 provider must have, for each prekindergarten class, at least one
122 prekindergarten instructor who:
123 (a) Is a certified teacher; or
124 (b) Holds one of the educational credentials specified in
125 s. 1002.55(4)(a) or (b).
126 As used in this subsection, the term “certified teacher” means a
127 teacher holding a valid Florida educator certificate under s.
128 1012.56 who has the qualifications required by the district
129 school board to instruct students in the summer prekindergarten
130 program. In selecting instructional staff for the summer
131 prekindergarten program, each school district shall give
132 priority to teachers who have experience or coursework in early
133 childhood education.
134 (7) Notwithstanding ss. 1002.55(3)(f) and 1002.63(7)
135 1002.63(8), each prekindergarten class in the summer
136 prekindergarten program, regardless of whether the class is a
137 public school's or private prekindergarten provider's class,
138 must be composed of at least 4 students but may not exceed 12 10
139 students beginning with the 2009 summer session. In order to
140 protect the health and safety of students, each public school or
141 private prekindergarten provider must also provide appropriate
142 adult supervision for students at all times. This subsection
143 does not supersede any requirement imposed on a provider under
144 ss. 402.301-402.319.
145 Section 6. Section 1002.63, Florida Statutes, is amended to
146 read:
147 1002.63 School-year prekindergarten program delivered by
148 public schools.—
149 (1) Each school district eligible under subsection (4) may
150 administer the Voluntary Prekindergarten Education Program at
151 the district level for students enrolled under s. 1002.53(3)(c)
152 in a school-year prekindergarten program delivered by a public
153 school.
154 (2) Each school-year prekindergarten program delivered by a
155 public school must comprise at least 540 instructional hours.
156 (3) The district school board of each school district
157 eligible under subsection (4) shall determine which public
158 schools in the district may are eligible to deliver the
159 prekindergarten program during the school year.
160 (4) To be eligible to deliver the prekindergarten program
161 during the school year, each school district must meet both of
162 the following requirements:
163 (a) The district school board must certify to the State
164 Board of Education that the school district:
165 1. Has reduced the average class size in each classroom in
166 accordance with s. 1003.03 and the schedule in s. 1(a), Art. IX
167 of the State Constitution; and
168 2. Has sufficient satisfactory educational facilities and
169 capital outlay funds to continue reducing the average class size
170 in each classroom in the district's elementary schools for each
171 year in accordance with the schedule for class size reduction
172 and to achieve full compliance with the maximum class sizes in
173 s. 1(a), Art. IX of the State Constitution by the beginning of
174 the 2010-2011 school year.
175 (b) The Commissioner of Education must certify to the State
176 Board of Education that the department has reviewed the school
177 district's educational facilities, capital outlay funds, and
178 projected student enrollment and concurs with the district
179 school board's certification under paragraph (a).
180 (4)(5) Each public school must have, for each
181 prekindergarten class, at least one prekindergarten instructor
182 who meets each requirement in s. 1002.55(3)(c) for a
183 prekindergarten instructor of a private prekindergarten
184 provider.
185 (5)(6) Each prekindergarten instructor employed by a public
186 school delivering the school-year prekindergarten program must
187 be of good moral character, must be screened using the level 2
188 screening standards in s. 435.04 before employment and
189 rescreened at least once every 5 years, must be denied
190 employment or terminated if required under s. 435.06, and must
191 not be ineligible to teach in a public school because his or her
192 educator certificate is suspended or revoked. This subsection
193 does not supersede employment requirements for instructional
194 personnel in public schools which are more stringent than the
195 requirements of this subsection.
196 (6)(7) A public school prekindergarten provider may assign
197 a substitute instructor to temporarily replace a credentialed
198 instructor if the credentialed instructor assigned to a
199 prekindergarten class is absent, as long as the substitute
200 instructor is of good moral character and has been screened
201 before employment in accordance with level 2 background
202 screening requirements in chapter 435. This subsection does not
203 supersede employment requirements for instructional personnel in
204 public schools which are more stringent than the requirements of
205 this subsection. The Agency for Workforce Innovation shall adopt
206 rules to implement this subsection which shall include required
207 qualifications of substitute instructors and the circumstances
208 and time limits for which a public school prekindergarten
209 provider may assign a substitute instructor.
210 (7)(8) Each prekindergarten class in a public school
211 delivering the school-year prekindergarten program must be
212 composed of at least 4 students but may not exceed 18 students.
213 In order to protect the health and safety of students, each
214 school must also provide appropriate adult supervision for
215 students at all times and, for each prekindergarten class
216 composed of 11 or more students, must have, in addition to a
217 prekindergarten instructor who meets the requirements of s.
218 1002.55(3)(c), at least one adult prekindergarten instructor who
219 is not required to meet those requirements but who must meet
220 each requirement of subsection (5) (6).
221 (8)(9) Each public school delivering the school-year
222 prekindergarten program must:
223 (a) Register with the early learning coalition on forms
224 prescribed by the Agency for Workforce Innovation; and
225 (b) Deliver the Voluntary Prekindergarten Education Program
226 in accordance with this part.
227 Section 7. Subsections (3) and (4), paragraph (d) of
228 subsection (6), and subsection (7) of section 1002.71, Florida
229 Statutes, are amended to read:
230 1002.71 Funding; financial and attendance reporting.—
231 (3)(a) A separate The base student allocation per full-time
232 equivalent student in the Voluntary Prekindergarten Education
233 Program shall be provided in the General Appropriations Act for
234 a school-year prekindergarten program and for a summer
235 prekindergarten program. The base student allocation for a
236 school-year program and shall be equal for each student,
237 regardless of whether the student is enrolled in a school-year
238 prekindergarten program delivered by a private prekindergarten
239 provider or a public school. The base student allocation for, a
240 summer prekindergarten program shall be equal for each student,
241 regardless of whether the student is enrolled in a summer
242 prekindergarten program delivered by a public school or private
243 prekindergarten provider, or a school-year prekindergarten
244 program delivered by a public school.
245 (b) Each county's allocation per full-time equivalent
246 student in the Voluntary Prekindergarten Education Program shall
247 be calculated annually by multiplying the base student
248 allocation provided in the General Appropriations Act by the
249 county's district cost differential provided in s. 1011.62(2).
250 Each private prekindergarten provider and public school shall be
251 paid in accordance with the county's allocation per full-time
252 equivalent student.
253 (c) The initial allocation shall be based on estimated
254 student enrollment in each coalition service area. The Agency
255 for Workforce Innovation shall reallocate funds among the
256 coalitions based on actual full-time equivalent student
257 enrollment in each coalition service area.
258 (d) For programs offered by school districts pursuant to s.
259 1002.61 and beginning with the 2009 summer program, each
260 district's funding shall be based on a full-time equivalent
261 student enrollment that is evenly divisible by 12 10. If the
262 result of dividing a district's full-time equivalent student
263 enrollment by 12 10 is not a whole number, the district's
264 enrollment calculation shall be adjusted by adding the minimum
265 number of full-time equivalent students to produce a full-time
266 equivalent student enrollment calculation that is evenly
267 divisible by 12 10.
268 (4) Notwithstanding s. 1002.53(3) and subsection (2):
269 (a) A child who, for any of the prekindergarten programs
270 listed in s. 1002.53(3), has not completed more than 10 percent
271 of the hours authorized to be reported for funding under
272 subsection (2) may withdraw from the program for good cause,
273 reenroll in one of the programs, and be reported for funding
274 purposes as a full-time equivalent student in the program for
275 which the child is reenrolled. The total funding for a child who
276 reenrolls in the same program shall not exceed one full-time
277 equivalent student.
278 (b) A child who has not substantially completed any of the
279 prekindergarten programs listed in s. 1002.53(3) may withdraw
280 from the program due to an extreme hardship that is beyond the
281 child's or parent's control, reenroll in one of the summer
282 programs, and be reported for funding purposes as a full-time
283 equivalent student in the summer program for which the child is
284 reenrolled.
285 A child may reenroll only once in a prekindergarten program
286 under this section. A child who reenrolls in a prekindergarten
287 program under this subsection may not subsequently withdraw from
288 the program and reenroll. The Agency for Workforce Innovation
289 shall establish criteria specifying whether a good cause exists
290 for a child to withdraw from a program under paragraph (a),
291 whether a child has substantially completed a program under
292 paragraph (b), and whether an extreme hardship exists which is
293 beyond the child's or parent's control under paragraph (b).
294 (6)
295 (d) The Agency for Workforce Innovation shall adopt, for
296 funding purposes, a uniform attendance policy for the Voluntary
297 Prekindergarten Education Program. The attendance policy must
298 apply statewide and apply equally to all private prekindergarten
299 providers and public schools. The attendance policy must
300 establish a minimum requirement for student attendance and
301 include the following provisions:
302 1. Beginning with the 2009-2010 fiscal year for school-year
303 programs and the 2009 summer program, a student who meets the
304 minimum requirement of 80 percent of the total number of hours
305 for the program may be reported as a full-time equivalent
306 student for funding purposes.
307 2. A student who does not meet the minimum requirement may
308 be reported only as a fractional part of a full-time equivalent
309 student, reduced pro rata based on the student's attendance.
310 3. A student who does not meet the minimum requirement may
311 be reported as a full-time equivalent student if the student is
312 absent for good cause in accordance with exceptions specified in
313 the uniform attendance policy.
314 The uniform attendance policy shall be used only for funding
315 purposes and does not prohibit a private prekindergarten
316 provider or public school from adopting and enforcing its
317 attendance policy under paragraphs (a) and (c).
318 (7) The Agency for Workforce Innovation shall require that
319 administrative expenditures be kept to the minimum necessary for
320 efficient and effective administration of the Voluntary
321 Prekindergarten Education Program. Administrative policies and
322 procedures shall be revised, to the maximum extent practicable,
323 to incorporate the use of automation and electronic submission
324 of forms, including those required for child eligibility and
325 enrollment, provider and class registration, and monthly
326 certification of attendance for payment. Beginning with the
327 2008-2009 fiscal year, each early learning coalition may retain
328 and expend no more than 4.85 5 percent of the funds paid by the
329 coalition to private prekindergarten providers and public
330 schools under paragraph (5)(b). Funds retained by an early
331 learning coalition under this subsection may be used only for
332 administering the Voluntary Prekindergarten Education Program
333 and may not be used for the school readiness program or other
334 programs.
335 Section 8. Paragraphs (c) and (d) of subsection (2) of
336 section 1002.73, Florida Statutes, are amended to read:
337 1002.73 Department of Education; powers and duties;
338 accountability requirements.—
339 (2) The department shall adopt procedures for the
340 department's:
341 (c) Certification of school districts that are eligible to
342 deliver the school-year prekindergarten program under s.
343 1002.63.
344 (c)(d) Administration of the statewide kindergarten
345 screening and calculation of kindergarten readiness rates under
346 s. 1002.69.
347 Section 9. Paragraph (a) of subsection (2) of section
348 1006.40, Florida Statutes, is amended to read:
349 1006.40 Use of instructional materials allocation;
350 instructional materials, library books, and reference books;
351 repair of books.—
352 (2)(a) Each district school board must purchase current
353 instructional materials to provide each student with a textbook
354 or other instructional materials as a major tool of instruction
355 in core courses of the appropriate subject areas of mathematics,
356 language arts, science, social studies, reading, and literature
357 for kindergarten through grade 12. Such purchase must be made
358 within the first 2 years after of the effective date of the
359 adoption cycle; however, this requirement is waived for the
360 adoption cycle occurring in the 2008-2009 academic year. Unless
361 specifically provided for in the General Appropriations Act, the
362 cost of instructional materials purchases required by this
363 paragraph shall not exceed the amount of the district's
364 allocation for instructional materials, pursuant to s. 1011.67,
365 for the previous 2 years.
366 Section 10. Section 1011.051, Florida Statutes, is created
367 to read:
368 1011.051 Guidelines for general funds.—The district school
369 board shall maintain an unreserved general fund balance that is
370 sufficient to address normal contingencies.
371 (1) If at any time the unreserved general fund in the
372 district's approved operating budget is projected to fall during
373 the current fiscal year below 5 percent of projected general
374 fund revenues, the superintendent shall provide written
375 notification to the district school board and the Commissioner
376 of Education.
377 (a) With respect to a collective bargaining agreement
378 executed on or after the effective date of this act, if the
379 unreserved general fund in the district's approved operating
380 budget is projected to fall during the current fiscal year below
381 2 percent of projected general fund revenues, the provisions of
382 s. 447.4095 shall be followed for the purpose of modifying the
383 agreement as necessary to avoid a financial emergency within the
384 school district as provided under part V of chapter 218. If the
385 parties fail to reach agreement and proceed to implement the
386 provisions of s. 447.403, the superintendent shall provide
387 written notification to the Commissioner of Education, the
388 dispute shall be resolved through an expedited impasse hearing,
389 and the timelines prescribed in s. 447.403(2)(c) shall apply.
390 (b) With respect to a collective bargaining agreement
391 executed before the effective date of this act, if the
392 unreserved general fund in the district's approved operating
393 budget is projected to fall during the current fiscal year below
394 projected general fund revenues, the provisions of s. 447.4095
395 shall be followed for the purpose of modifying the agreement as
396 necessary to avoid a financial emergency within the school
397 district as provided under part V of chapter 218. If the parties
398 fail to reach agreement and proceed to implement the provisions
399 of s. 447.403, the superintendent shall provide written
400 notification to the Commissioner of Education, the dispute shall
401 be resolved through an expedited impasse hearing, and the
402 timelines prescribed in s. 447.403(2)(c) shall apply.
403 (2)(a) Each collective bargaining agreement entered into by
404 a school board on or after the effective date of this act must
405 make adequate provision to allow the school board to maintain an
406 unreserved general fund balance as required by this section.
407 (b) Any collective bargaining agreement entered into by a
408 school board on or after the effective date of this act which
409 does not meet the requirements of this section is void, is
410 contrary to public policy, and may not be enforced.
411 (c) Any collective bargaining agreement entered into by a
412 school board before the effective date of this act is subject to
413 the provisions of s. 447.4095 if the school district projects
414 that, at any point in the fiscal year, it will have insufficient
415 funds to continue normal operations and address normal
416 contingencies. Projection of such conditions by the school board
417 constitutes “financial urgency” for purposes of s. 447.4095, but
418 this paragraph does not limit the meaning of “financial urgency”
419 to such projection.
420 Section 11. Subsection (4) of section 1011.71, Florida
421 Statutes, as amended by chapters 2007-328, 2008-2, 2008-142, and
422 2008-213, Laws of Florida, is amended to read:
423 1011.71 District school tax.—
424 (4) A school district that has met the reduction
425 requirements regarding class size for the 2008-2009 fiscal year
426 pursuant to s. 1003.03 for K-12 students for whom the school
427 district provides the educational facilities and governs
428 operations and certifies to the Commissioner of Education that
429 the district does not need all of its discretionary 1.75-mill
430 capital improvement revenue for capital outlay purposes and all
431 of the district's instructional space needs for the next 5 years
432 can be met from capital outlay sources that the district
433 reasonably expects to receive during the next 5 years from local
434 revenues and from currently appropriated state facilities
435 funding or from alternative scheduling or construction, leasing,
436 rezoning, or technological methodologies that exhibit sound
437 management may expend, subject to the provisions of s. 200.065,
438 up to $65 per unweighted full-time equivalent student from the
439 revenue generated by the 2008-2009 millage levy authorized by
440 subsection (2) to fund, in addition to expenditures authorized
441 in paragraphs (2)(a)-(j), 2008-2009 expenses for the following:
442 (a) The purchase, lease-purchase, or lease of driver's
443 education vehicles; motor vehicles used for the maintenance or
444 operation of plants and equipment; security vehicles; or
445 vehicles used in storing or distributing materials and
446 equipment.
447 (b) Payment of the cost of premiums for property and
448 casualty insurance necessary to insure school district
449 educational and ancillary plants. Operating revenues that are
450 made available through the payment of property and casualty
451 insurance premiums from revenues generated under this subsection
452 may be expended only for nonrecurring operational expenditures
453 of the school district.
454 Section 12. The amendments made by this act to subsection
455 (4) of section 1011.71, Florida Statutes, as carried forward by
456 this act from chapters 2007-328, 2008-2, 2008-142, and 2008-213,
457 Laws of Florida, shall expire July 1, 2009, and the text of that
458 subsection shall revert to that in existence on the day before
459 the effective date of chapter 2007-328, Laws of Florida, except
460 that any amendments to such text enacted other than by this act
461 and chapters 2007-328, 2008-2, 2008-142, and 2008-213, Laws of
462 Florida, shall be preserved and continue to operate to the
463 extent that the amendments are not dependent upon the portions
464 of such text which expire pursuant to this section.
465 Section 13. Paragraph (b) of subsection (6) of section
466 1013.64, Florida Statutes, is amended to read:
467 1013.64 Funds for comprehensive educational plant needs;
468 construction cost maximums for school district capital
469 projects.—Allocations from the Public Education Capital Outlay
470 and Debt Service Trust Fund to the various boards for capital
471 outlay projects shall be determined as follows:
472 (6)
473 (b)1. A district school board, including a district school
474 board of an academic performance-based charter school district,
475 must not use funds from the following sources: Public Education
476 Capital Outlay and Debt Service Trust Fund; School District and
477 Community College District Capital Outlay and Debt Service Trust
478 Fund; Classrooms First Program funds provided in s. 1013.68;
479 effort index grant funds provided in s. 1013.73; nonvoted 1.75
480 mill 2-mill levy of ad valorem property taxes provided in s.
481 1011.71(2); Classrooms for Kids Program funds provided in s.
482 1013.735; District Effort Recognition Program funds provided in
483 s. 1013.736; or High Growth District Capital Outlay Assistance
484 Grant Program funds provided in s. 1013.738 for any new
485 construction of educational plant space with a total cost per
486 student station, including change orders, that equals more than:
487 a. $17,952 for an elementary school,
488 b. $19,386 for a middle school, or
489 c. $25,181 for a high school,
490 (January 2006) as adjusted annually to reflect increases or
491 decreases in the Consumer Price Index.
492 2. A district school board must not use funds from the
493 Public Education Capital Outlay and Debt Service Trust Fund or
494 the School District and Community College District Capital
495 Outlay and Debt Service Trust Fund for any new construction of
496 an ancillary plant that exceeds 70 percent of the average cost
497 per square foot of new construction for all schools.
498 Section 14. Implementation of the provisions of section
499 1012.225, Florida Statutes, the Merit Award Program for
500 Instructional Personnel and School-Based Administrators shall be
501 held in abeyance during the 2008-2009 fiscal year.
502 Section 15. In order to implement Specific Appropriations
503 2, 3, and 41 through 44 of the Special Appropriations Act for
504 the 2008-2009 fiscal year, the calculations of the Florida
505 Education Finance Program for the 2008-2009 fiscal year in the
506 document entitled “Public School Funding – The Florida Education
507 Finance Program,” dated January 8, 2009, and filed with the
508 Secretary of the Senate are incorporated by reference for the
509 purpose of displaying the calculations used by the Legislature,
510 consistent with requirements of the Florida Statutes, in making
511 appropriations and reductions in appropriations for the Florida
512 Education Finance Program.
513 Section 16. This act shall take effect February 1, 2009, or
514 upon becoming a law, whichever occurs later; however, if this
515 act becomes a law after February 1, 2009, the provisions of s.
516 1002.71, Florida Statutes, as amended by this act, shall operate
517 retroactively to February 1, 2009.
518