CS for CS for SB 6-A First Engrossed
20096Ae1
1 A bill to be entitled
2 An act relating to education funding; amending s.
3 1001.395, F.S.; providing for district school members
4 to reduce their salary rate on a voluntary basis;
5 amending ss. 1001.42 and 1001.50, F.S.; prohibiting a
6 district school board from entering into an employment
7 contract that provides for payment of an amount
8 greater than 1 year of an employee's or
9 superintendent's annual salary for termination, buy
10 out, or other type of settlement; amending s. 1002.53,
11 F.S., relating to the Voluntary Prekindergarten
12 Education Program; conforming provisions to changes
13 made by the act; amending s. 1002.61, F.S.; increasing
14 the number of students authorized for a summer
15 prekindergarten class; conforming cross-references;
16 amending s. 1002.63, F.S.; eliminating certain
17 eligibility requirements for delivering a
18 prekindergarten program during the school year;
19 amending s. 1002.71, F.S.; providing for separate base
20 student allocations for school-year and summer
21 prekindergarten programs; revising the formula for
22 calculating and reporting full-time equivalent student
23 enrollment; providing certain restrictions with
24 respect to a child who reenrolls in a prekindergarten
25 program; requiring that certain administrative
26 procedures be automated; requiring that actions be
27 taken to reduce paperwork, eliminate the duplication
28 of reports, and eliminate other duplicative
29 activities; decreasing the amount that an early
30 learning coalition may expend for administrative
31 purposes; amending s. 1002.73, F.S.; revising duties
32 of the Department of Education, to conform; amending
33 s. 1006.40, F.S.; waiving, for the adoption cycle of
34 the 2008-2009 academic year, the requirement that
35 district school boards purchase instructional
36 materials in core courses; creating s. 1011.051, F.S.;
37 requiring that district school boards maintain an
38 unreserved general fund balance sufficient to address
39 contingencies; specifying procedures for the district
40 to follow if the operating budget falls below a
41 specified percentage of projected general fund
42 revenues; amending s. 1011.71, F.S.; authorizing the
43 purchase of certain enterprise resource software
44 applications with proceeds of the district school tax;
45 eliminating certain restrictions on the expenditure of
46 revenues from the district school tax levy; providing
47 for future expiration of such provisions; amending s.
48 1013.64, F.S., relating to funds for constructing
49 educational plant space; conforming provisions;
50 providing for awards for instructional personnel and
51 school-based administrators under the Merit Award
52 Program to be paid only to the extent funded in the
53 2009-2010 fiscal year; authorizing the Commissioner of
54 Education to waive the equal-dollar reduction
55 requirement for expenditures made during a specified
56 time for property and casualty insurance and for the
57 audit findings for a specified fiscal year related to
58 the purchase of software, if the commissioner
59 determines that a school district acted in good faith;
60 incorporating by reference certain calculations of the
61 Florida Education Finance Program for the 2008-2009
62 fiscal year; providing for contingent retroactive
63 application of specified provisions of the act;
64 providing an effective date.
65
66 Be It Enacted by the Legislature of the State of Florida:
67
68 Section 1. Section 1001.395, Florida Statutes, is amended
69 to read:
70 1001.395 District school board members; compensation.—
71 (1) Each member of the district school board shall receive
72 a base salary, the amounts indicated in this section, based on
73 the population of the county the district school board member
74 serves. In addition, compensation shall be made for population
75 increments over the minimum for each population group, which
76 shall be determined by multiplying the population in excess of
77 the minimum for the group times the group rate. The product of
78 such calculation shall be added to the base salary to determine
79 the adjusted base salary. The adjusted base salaries of district
80 school board members shall be increased annually as provided for
81 in s. 145.19.
82
83 Pop. Group County Pop. Range Base Salary Group Rate
84 District school board member salaries negotiated on or after
85 November of 2006 shall remain in effect up to the date of the
86 2007-2008 calculation provided pursuant to s. 145.19.
87 (2) Notwithstanding the provisions of this section or s.
88 145.19, Florida Statutes, district school board members may
89 reduce their salary rate on a voluntary basis.
90 Section 2. Present subsection (25) of section 1001.42,
91 Florida Statutes, is renumbered as subsection (26), and a new
92 subsection (25) is added to that section, to read:
93 1001.42 Powers and duties of district school board.—The
94 district school board, acting as a board, shall exercise all
95 powers and perform all duties listed below:
96 (25) EMPLOYMENT CONTRACTS.—On or after February 1, 2009, a
97 district school board may not enter into an employment contract
98 that is funded from state funds and that requires the district
99 to pay an employee an amount in excess of 1 year of the
100 employee's annual salary for termination, buy-out, or any other
101 type of contract settlement.
102 Section 3. Subsection (2) of section 1001.50, Florida
103 Statutes, is amended to read:
104 1001.50 Superintendents employed under Art. IX of the State
105 Constitution.—
106 (2) The district school board of each of such districts
107 shall enter into contracts of employment with the district
108 school superintendent and shall adopt rules relating to his or
109 her appointment; however, on or after February 1, 2009, the
110 district school board may not enter into an employment contract
111 that is funded from state funds and that requires the district
112 to pay a superintendent an amount in excess of 1 year of the
113 superintendent's annual salary for termination, buy-out, or any
114 other type of contract settlement.
115 Section 4. Paragraph (c) of subsection (3) of section
116 1002.53, Florida Statutes, is amended to read:
117 1002.53 Voluntary Prekindergarten Education Program;
118 eligibility and enrollment.—
119 (3) The parent of each child eligible under subsection (2)
120 may enroll the child in one of the following programs:
121 (c) A school-year prekindergarten program delivered by a
122 public school, if offered by a school district that is eligible
123 under s. 1002.63.
124 Except as provided in s. 1002.71(4), a child may not enroll in
125 more than one of these programs.
126 Section 5. Subsections (4) and (7) of section 1002.61,
127 Florida Statutes, are amended to read:
128 1002.61 Summer prekindergarten program delivered by public
129 schools and private prekindergarten providers.—
130 (4) Notwithstanding ss. 1002.55(3)(c)1. and 1002.63(4)
131 1002.63(5), each public school and private prekindergarten
132 provider must have, for each prekindergarten class, at least one
133 prekindergarten instructor who:
134 (a) Is a certified teacher; or
135 (b) Holds one of the educational credentials specified in
136 s. 1002.55(4)(a) or (b).
137 As used in this subsection, the term “certified teacher” means a
138 teacher holding a valid Florida educator certificate under s.
139 1012.56 who has the qualifications required by the district
140 school board to instruct students in the summer prekindergarten
141 program. In selecting instructional staff for the summer
142 prekindergarten program, each school district shall give
143 priority to teachers who have experience or coursework in early
144 childhood education.
145 (7) Notwithstanding ss. 1002.55(3)(f) and 1002.63(7)
146 1002.63(8), each prekindergarten class in the summer
147 prekindergarten program, regardless of whether the class is a
148 public school's or private prekindergarten provider's class,
149 must be composed of at least 4 students but may not exceed 12 10
150 students beginning with the 2009 summer session. In order to
151 protect the health and safety of students, each public school or
152 private prekindergarten provider must also provide appropriate
153 adult supervision for students at all times. This subsection
154 does not supersede any requirement imposed on a provider under
155 ss. 402.301-402.319.
156 Section 6. Section 1002.63, Florida Statutes, is amended to
157 read:
158 1002.63 School-year prekindergarten program delivered by
159 public schools.—
160 (1) Each school district eligible under subsection (4) may
161 administer the Voluntary Prekindergarten Education Program at
162 the district level for students enrolled under s. 1002.53(3)(c)
163 in a school-year prekindergarten program delivered by a public
164 school.
165 (2) Each school-year prekindergarten program delivered by a
166 public school must comprise at least 540 instructional hours.
167 (3) The district school board of each school district
168 eligible under subsection (4) shall determine which public
169 schools in the district may are eligible to deliver the
170 prekindergarten program during the school year.
171 (4) To be eligible to deliver the prekindergarten program
172 during the school year, each school district must meet both of
173 the following requirements:
174 (a) The district school board must certify to the State
175 Board of Education that the school district:
176 1. Has reduced the average class size in each classroom in
177 accordance with s. 1003.03 and the schedule in s. 1(a), Art. IX
178 of the State Constitution; and
179 2. Has sufficient satisfactory educational facilities and
180 capital outlay funds to continue reducing the average class size
181 in each classroom in the district's elementary schools for each
182 year in accordance with the schedule for class size reduction
183 and to achieve full compliance with the maximum class sizes in
184 s. 1(a), Art. IX of the State Constitution by the beginning of
185 the 2010-2011 school year.
186 (b) The Commissioner of Education must certify to the State
187 Board of Education that the department has reviewed the school
188 district's educational facilities, capital outlay funds, and
189 projected student enrollment and concurs with the district
190 school board's certification under paragraph (a).
191 (4)(5) Each public school must have, for each
192 prekindergarten class, at least one prekindergarten instructor
193 who meets each requirement in s. 1002.55(3)(c) for a
194 prekindergarten instructor of a private prekindergarten
195 provider.
196 (5)(6) Each prekindergarten instructor employed by a public
197 school delivering the school-year prekindergarten program must
198 be of good moral character, must be screened using the level 2
199 screening standards in s. 435.04 before employment and
200 rescreened at least once every 5 years, must be denied
201 employment or terminated if required under s. 435.06, and must
202 not be ineligible to teach in a public school because his or her
203 educator certificate is suspended or revoked. This subsection
204 does not supersede employment requirements for instructional
205 personnel in public schools which are more stringent than the
206 requirements of this subsection.
207 (6)(7) A public school prekindergarten provider may assign
208 a substitute instructor to temporarily replace a credentialed
209 instructor if the credentialed instructor assigned to a
210 prekindergarten class is absent, as long as the substitute
211 instructor is of good moral character and has been screened
212 before employment in accordance with level 2 background
213 screening requirements in chapter 435. This subsection does not
214 supersede employment requirements for instructional personnel in
215 public schools which are more stringent than the requirements of
216 this subsection. The Agency for Workforce Innovation shall adopt
217 rules to implement this subsection which shall include required
218 qualifications of substitute instructors and the circumstances
219 and time limits for which a public school prekindergarten
220 provider may assign a substitute instructor.
221 (7)(8) Each prekindergarten class in a public school
222 delivering the school-year prekindergarten program must be
223 composed of at least 4 students but may not exceed 18 students.
224 In order to protect the health and safety of students, each
225 school must also provide appropriate adult supervision for
226 students at all times and, for each prekindergarten class
227 composed of 11 or more students, must have, in addition to a
228 prekindergarten instructor who meets the requirements of s.
229 1002.55(3)(c), at least one adult prekindergarten instructor who
230 is not required to meet those requirements but who must meet
231 each requirement of subsection (5) (6).
232 (8)(9) Each public school delivering the school-year
233 prekindergarten program must:
234 (a) Register with the early learning coalition on forms
235 prescribed by the Agency for Workforce Innovation; and
236 (b) Deliver the Voluntary Prekindergarten Education Program
237 in accordance with this part.
238 Section 7. Subsections (3) and (4), paragraph (d) of
239 subsection (6), and subsection (7) of section 1002.71, Florida
240 Statutes, are amended to read:
241 1002.71 Funding; financial and attendance reporting.—
242 (3)(a) A separate The base student allocation per full-time
243 equivalent student in the Voluntary Prekindergarten Education
244 Program shall be provided in the General Appropriations Act for
245 a school-year prekindergarten program and for a summer
246 prekindergarten program. The base student allocation for a
247 school-year program and shall be equal for each student,
248 regardless of whether the student is enrolled in a school-year
249 prekindergarten program delivered by a private prekindergarten
250 provider or a public school. The base student allocation for, a
251 summer prekindergarten program shall be equal for each student,
252 regardless of whether the student is enrolled in a summer
253 prekindergarten program delivered by a public school or private
254 prekindergarten provider, or a school-year prekindergarten
255 program delivered by a public school.
256 (b) Each county's allocation per full-time equivalent
257 student in the Voluntary Prekindergarten Education Program shall
258 be calculated annually by multiplying the base student
259 allocation provided in the General Appropriations Act by the
260 county's district cost differential provided in s. 1011.62(2).
261 Each private prekindergarten provider and public school shall be
262 paid in accordance with the county's allocation per full-time
263 equivalent student.
264 (c) The initial allocation shall be based on estimated
265 student enrollment in each coalition service area. The Agency
266 for Workforce Innovation shall reallocate funds among the
267 coalitions based on actual full-time equivalent student
268 enrollment in each coalition service area.
269 (d) For programs offered by school districts pursuant to s.
270 1002.61 and beginning with the 2009 summer program, each
271 district's funding shall be based on a full-time equivalent
272 student enrollment that is evenly divisible by 12 10. If the
273 result of dividing a district's full-time equivalent student
274 enrollment by 12 10 is not a whole number, the district's
275 enrollment calculation shall be adjusted by adding the minimum
276 number of full-time equivalent students to produce a full-time
277 equivalent student enrollment calculation that is evenly
278 divisible by 12 10.
279 (4) Notwithstanding s. 1002.53(3) and subsection (2):
280 (a) A child who, for any of the prekindergarten programs
281 listed in s. 1002.53(3), has not completed more than 10 percent
282 of the hours authorized to be reported for funding under
283 subsection (2) may withdraw from the program for good cause,
284 reenroll in one of the programs, and be reported for funding
285 purposes as a full-time equivalent student in the program for
286 which the child is reenrolled. The total funding for a child who
287 reenrolls in the same program shall not exceed one full-time
288 equivalent student.
289 (b) A child who has not substantially completed any of the
290 prekindergarten programs listed in s. 1002.53(3) may withdraw
291 from the program due to an extreme hardship that is beyond the
292 child's or parent's control, reenroll in one of the summer
293 programs, and be reported for funding purposes as a full-time
294 equivalent student in the summer program for which the child is
295 reenrolled.
296 A child may reenroll only once in a prekindergarten program
297 under this section. A child who reenrolls in a prekindergarten
298 program under this subsection may not subsequently withdraw from
299 the program and reenroll. The Agency for Workforce Innovation
300 shall establish criteria specifying whether a good cause exists
301 for a child to withdraw from a program under paragraph (a),
302 whether a child has substantially completed a program under
303 paragraph (b), and whether an extreme hardship exists which is
304 beyond the child's or parent's control under paragraph (b).
305 (6)
306 (d) The Agency for Workforce Innovation shall adopt, for
307 funding purposes, a uniform attendance policy for the Voluntary
308 Prekindergarten Education Program. The attendance policy must
309 apply statewide and apply equally to all private prekindergarten
310 providers and public schools. The attendance policy must
311 establish a minimum requirement for student attendance and
312 include the following provisions:
313 1. Beginning with the 2009-2010 fiscal year for school-year
314 programs and the 2009 summer program, a student who meets the
315 minimum requirement of 80 percent of the total number of hours
316 for the program may be reported as a full-time equivalent
317 student for funding purposes.
318 2. A student who does not meet the minimum requirement may
319 be reported only as a fractional part of a full-time equivalent
320 student, reduced pro rata based on the student's attendance.
321 3. A student who does not meet the minimum requirement may
322 be reported as a full-time equivalent student if the student is
323 absent for good cause in accordance with exceptions specified in
324 the uniform attendance policy.
325 The uniform attendance policy shall be used only for funding
326 purposes and does not prohibit a private prekindergarten
327 provider or public school from adopting and enforcing its
328 attendance policy under paragraphs (a) and (c).
329 (7) The Agency for Workforce Innovation shall require that
330 administrative expenditures be kept to the minimum necessary for
331 efficient and effective administration of the Voluntary
332 Prekindergarten Education Program. Administrative policies and
333 procedures shall be revised, to the maximum extent practicable,
334 to incorporate the use of automation and electronic submission
335 of forms, including those required for child eligibility and
336 enrollment, provider and class registration, and monthly
337 certification of attendance for payment. In addition, actions
338 shall be taken to reduce paperwork, eliminate the duplication of
339 reports, and eliminate other duplicative activities. Beginning
340 with the 2008-2009 fiscal year, each early learning coalition
341 may retain and expend no more than 4.85 5 percent of the funds
342 paid by the coalition to private prekindergarten providers and
343 public schools under paragraph (5)(b). Funds retained by an
344 early learning coalition under this subsection may be used only
345 for administering the Voluntary Prekindergarten Education
346 Program and may not be used for the school readiness program or
347 other programs.
348 Section 8. Paragraphs (c) and (d) of subsection (2) of
349 section 1002.73, Florida Statutes, are amended to read:
350 1002.73 Department of Education; powers and duties;
351 accountability requirements.—
352 (2) The department shall adopt procedures for the
353 department's:
354 (c) Certification of school districts that are eligible to
355 deliver the school-year prekindergarten program under s.
356 1002.63.
357 (c)(d) Administration of the statewide kindergarten
358 screening and calculation of kindergarten readiness rates under
359 s. 1002.69.
360 Section 9. Paragraph (a) of subsection (2) of section
361 1006.40, Florida Statutes, is amended to read:
362 1006.40 Use of instructional materials allocation;
363 instructional materials, library books, and reference books;
364 repair of books.—
365 (2)(a) Each district school board must purchase current
366 instructional materials to provide each student with a textbook
367 or other instructional materials as a major tool of instruction
368 in core courses of the appropriate subject areas of mathematics,
369 language arts, science, social studies, reading, and literature
370 for kindergarten through grade 12. Such purchase must be made
371 within the first 2 years after of the effective date of the
372 adoption cycle; however, this requirement is waived for the
373 adoption cycle occurring in the 2008-2009 academic year. Unless
374 specifically provided for in the General Appropriations Act, the
375 cost of instructional materials purchases required by this
376 paragraph shall not exceed the amount of the district's
377 allocation for instructional materials, pursuant to s. 1011.67,
378 for the previous 2 years.
379 Section 10. Section 1011.051, Florida Statutes, is created
380 to read:
381 1011.051 Guidelines for general funds.—The district school
382 board shall maintain an unreserved general fund balance that is
383 sufficient to address normal contingencies.
384 (1) If at any time the unreserved general fund in the
385 district's approved operating budget is projected to fall during
386 the current fiscal year below 3 percent of projected general
387 fund revenues, the superintendent shall provide written
388 notification to the district school board and the Commissioner
389 of Education.
390 (2) If the unreserved general fund in the district’s
391 approved operating budget is projected to fall during the
392 current fiscal year below 2 percent of projected general
393 revenues, the superintendent shall provide written notification
394 to the school district board and the Commissioner of Education.
395 Within 14 days after receiving such notification, if the
396 commissioner determines that the district does not have a plan
397 that is reasonably anticipated to avoid a financial emergency as
398 determined pursuant to 218.503, the commissioner shall appoint a
399 financial emergency board that shall operate consistent with the
400 requirements, powers, and duties specified in s. 218.503(3)(g).
401 Section 11. Paragraph (d) of subsection (2) and subsection
402 (4) of section 1011.71, Florida Statutes, as amended by chapters
403 2007-328, 2008-2, 2008-142, and 2008-213, Laws of Florida, are
404 amended to read:
405 1011.71 District school tax.—
406 (2) In addition to the maximum millage levy as provided in
407 subsection (1), each school board may levy not more than 1.75
408 mills against the taxable value for school purposes for district
409 schools, including charter schools at the discretion of the
410 school board, to fund:
411 (d) The purchase, lease-purchase, or lease of new and
412 replacement equipment, and enterprise resource software
413 applications that are classified as capital assets in accordance
414 with definitions of the Governmental Accounting Standards Board,
415 have a useful life of at least 5 years, and are used to support
416 district-wide administration or state-mandated reporting
417 requirements.
418 (4) A school district that has met the reduction
419 requirements regarding class size for the 2008-2009 fiscal year
420 pursuant to s. 1003.03 for K-12 students for whom the school
421 district provides the educational facilities and governs
422 operations and certifies to the Commissioner of Education that
423 the district does not need all of its discretionary 1.75-mill
424 capital improvement revenue for capital outlay purposes and all
425 of the district's instructional space needs for the next 5 years
426 can be met from capital outlay sources that the district
427 reasonably expects to receive during the next 5 years from local
428 revenues and from currently appropriated state facilities
429 funding or from alternative scheduling or construction, leasing,
430 rezoning, or technological methodologies that exhibit sound
431 management may expend, subject to the provisions of s. 200.065,
432 up to $65 per unweighted full-time equivalent student from the
433 revenue generated by the 2008-2009 millage levy authorized by
434 subsection (2) to fund, in addition to expenditures authorized
435 in paragraphs (2)(a)-(j), 2008-2009 expenses for the following:
436 (a) The purchase, lease-purchase, or lease of driver's
437 education vehicles; motor vehicles used for the maintenance or
438 operation of plants and equipment; security vehicles; or
439 vehicles used in storing or distributing materials and
440 equipment.
441 (b) Payment of the cost of premiums for property and
442 casualty insurance necessary to insure school district
443 educational and ancillary plants. Operating revenues that are
444 made available through the payment of property and casualty
445 insurance premiums from revenues generated under this subsection
446 may be expended only for nonrecurring operational expenditures
447 of the school district.
448 Section 12. The amendments made by this act to subsection
449 (4) of section 1011.71, Florida Statutes, as carried forward by
450 this act from chapters 2007-328, 2008-2, 2008-142, and 2008-213,
451 Laws of Florida, shall expire July 1, 2009, and the text of that
452 subsection shall revert to that in existence on the day before
453 the effective date of chapter 2007-328, Laws of Florida, except
454 that any amendments to such text enacted other than by this act
455 and chapters 2007-328, 2008-2, 2008-142, and 2008-213, Laws of
456 Florida, shall be preserved and continue to operate to the
457 extent that the amendments are not dependent upon the portions
458 of such text which expire pursuant to this section.
459 Section 13. Paragraph (b) of subsection (6) of section
460 1013.64, Florida Statutes, is amended to read:
461 1013.64 Funds for comprehensive educational plant needs;
462 construction cost maximums for school district capital
463 projects.—Allocations from the Public Education Capital Outlay
464 and Debt Service Trust Fund to the various boards for capital
465 outlay projects shall be determined as follows:
466 (6)
467 (b)1. A district school board, including a district school
468 board of an academic performance-based charter school district,
469 must not use funds from the following sources: Public Education
470 Capital Outlay and Debt Service Trust Fund; School District and
471 Community College District Capital Outlay and Debt Service Trust
472 Fund; Classrooms First Program funds provided in s. 1013.68;
473 effort index grant funds provided in s. 1013.73; nonvoted 1.75
474 mill 2-mill levy of ad valorem property taxes provided in s.
475 1011.71(2); Classrooms for Kids Program funds provided in s.
476 1013.735; District Effort Recognition Program funds provided in
477 s. 1013.736; or High Growth District Capital Outlay Assistance
478 Grant Program funds provided in s. 1013.738 for any new
479 construction of educational plant space with a total cost per
480 student station, including change orders, that equals more than:
481 a. $17,952 for an elementary school,
482 b. $19,386 for a middle school, or
483 c. $25,181 for a high school,
484 (January 2006) as adjusted annually to reflect increases or
485 decreases in the Consumer Price Index.
486 2. A district school board must not use funds from the
487 Public Education Capital Outlay and Debt Service Trust Fund or
488 the School District and Community College District Capital
489 Outlay and Debt Service Trust Fund for any new construction of
490 an ancillary plant that exceeds 70 percent of the average cost
491 per square foot of new construction for all schools.
492 Section 14. Merit awards for instructional personnel and
493 school-based administrators selected for the Merit Award Program
494 in 2008-2009 shall be paid in the 2009-2010 fiscal year only to
495 the extent that funds are available and specifically
496 appropriated in the 2009-2010 fiscal year.
497 Section 15. If the Commissioner of Education determines
498 that a school district acted in good faith, he or she may waive
499 the equal-dollar reduction required in s. 1011.71(5), Florida
500 Statutes, for expenditures for property and casualty insurance
501 made between May 1 and December 31, 2007, and for the audit
502 findings for the 2006-2007 fiscal year related to the purchase
503 of software.
504 Section 16. In order to implement Specific Appropriations
505 2, 3, and 42 through 45 of the Special Appropriations Act for
506 the 2008-2009 fiscal year, the calculations of the Florida
507 Education Finance Program for the 2008-2009 fiscal year in the
508 document entitled “Public School Funding – The Florida Education
509 Finance Program,” dated January 8, 2009, and filed with the
510 Secretary of the Senate are incorporated by reference for the
511 purpose of displaying the calculations used by the Legislature,
512 consistent with requirements of the Florida Statutes, in making
513 appropriations and reductions in appropriations for the Florida
514 Education Finance Program.
515 Section 17. This act shall take effect February 1, 2009, or
516 upon becoming a law, whichever occurs later; however, if this
517 act becomes a law after February 1, 2009, the provisions of s.
518 1002.71, Florida Statutes, as amended by this act, shall operate
519 retroactively to February 1, 2009.