CS for CS for SB 6-A                            Second Engrossed
       
       
       
       
       
       
       
       
       20096Ae2
       
    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. 1003.03, F.S.; authorizing the Commissioner of
   34         Education to recommend a greater reduction in the
   35         amount allocated for transfer to a district's fixed
   36         capital outlay fund; amending s. 1006.40, F.S.;
   37         waiving, for the adoption cycle of the 2008-2009
   38         academic year, the requirement that district school
   39         boards purchase instructional materials in core
   40         courses; creating s. 1011.051, F.S.; requiring that
   41         district school boards maintain an unreserved general
   42         fund balance sufficient to address contingencies;
   43         specifying procedures for the district to follow if
   44         the operating budget falls below a specified
   45         percentage of projected general fund revenues;
   46         amending s. 1011.71, F.S.; authorizing the purchase of
   47         certain enterprise resource software applications with
   48         proceeds of the district school tax; eliminating
   49         certain restrictions on the expenditure of revenues
   50         from the district school tax levy; increasing the
   51         amount that school districts may expend per unweighted
   52         full-time equivalent student from the revenue
   53         generated by the levy; repealing s. 11 of chapter
   54         2008-142 and s. 2 of chapter 2008-213, Laws of
   55         Florida, relating to the future expiration of certain
   56         provisions relating to school district expenditure of
   57         capital outlay millage; amending s. 1013.64, F.S.,
   58         relating to funds for constructing educational plant
   59         space; conforming provisions; providing for awards for
   60         instructional personnel and school-based
   61         administrators under the Merit Award Program to be
   62         paid only to the extent funded in the 2009-2010 fiscal
   63         year; authorizing the Commissioner of Education to
   64         waive the equal-dollar reduction requirement for
   65         expenditures made during a specified time for property
   66         and casualty insurance and for the audit findings for
   67         a specified fiscal year related to the purchase of
   68         software, if the commissioner determines that a school
   69         district acted in good faith; providing that such
   70         authorization is contingent upon dismissal of a
   71         specified lawsuit; incorporating by reference certain
   72         calculations of the Florida Education Finance Program
   73         for the 2008-2009 fiscal year; providing for
   74         retroactive application of specified provisions of the
   75         act; providing an effective date.
   76         
   77  Be It Enacted by the Legislature of the State of Florida:
   78         
   79         Section 1.  Section 1001.395, Florida Statutes, is amended
   80  to read:
   81         1001.395 District school board members; compensation.—
   82         (1) Each member of the district school board shall receive
   83  a base salary, the amounts indicated in this section, based on
   84  the population of the county the district school board member
   85  serves. In addition, compensation shall be made for population
   86  increments over the minimum for each population group, which
   87  shall be determined by multiplying the population in excess of
   88  the minimum for the group times the group rate. The product of
   89  such calculation shall be added to the base salary to determine
   90  the adjusted base salary. The adjusted base salaries of district
   91  school board members shall be increased annually as provided for
   92  in s. 145.19.
   93                                                                      
   94    Pop. Group  County Pop. Range        Base Salary        Group Rate
   95  District school board member salaries negotiated on or after
   96  November of 2006 shall remain in effect up to the date of the
   97  2007-2008 calculation provided pursuant to s. 145.19.
   98         (2)Notwithstanding the provisions of this section or s.
   99  145.19, Florida Statutes, district school board members may
  100  reduce their salary rate on a voluntary basis.
  101         Section 2. Present subsection (25) of section 1001.42,
  102  Florida Statutes, is renumbered as subsection (26), and a new
  103  subsection (25) is added to that section, to read:
  104         1001.42 Powers and duties of district school board.—The
  105  district school board, acting as a board, shall exercise all
  106  powers and perform all duties listed below:
  107         (25)EMPLOYMENT CONTRACTS.—On or after February 1, 2009, a
  108  district school board may not enter into an employment contract
  109  that is funded from state funds and that requires the district
  110  to pay an employee an amount in excess of 1 year of the
  111  employee's annual salary for termination, buy-out, or any other
  112  type of contract settlement.
  113         Section 3. Subsection (2) of section 1001.50, Florida
  114  Statutes, is amended to read:
  115         1001.50 Superintendents employed under Art. IX of the State
  116  Constitution.—
  117         (2) The district school board of each of such districts
  118  shall enter into contracts of employment with the district
  119  school superintendent and shall adopt rules relating to his or
  120  her appointment; however, on or after February 1, 2009, the
  121  district school board may not enter into an employment contract
  122  that is funded from state funds and that requires the district
  123  to pay a superintendent an amount in excess of 1 year of the
  124  superintendent's annual salary for termination, buy-out, or any
  125  other type of contract settlement.
  126         Section 4. Paragraph (c) of subsection (3) of section
  127  1002.53, Florida Statutes, is amended to read:
  128         1002.53 Voluntary Prekindergarten Education Program;
  129  eligibility and enrollment.—
  130         (3) The parent of each child eligible under subsection (2)
  131  may enroll the child in one of the following programs:
  132         (c) A school-year prekindergarten program delivered by a
  133  public school, if offered by a school district that is eligible
  134  under s. 1002.63.
  135  Except as provided in s. 1002.71(4), a child may not enroll in
  136  more than one of these programs.
  137         Section 5. Subsections (4) and (7) of section 1002.61,
  138  Florida Statutes, are amended to read:
  139         1002.61 Summer prekindergarten program delivered by public
  140  schools and private prekindergarten providers.—
  141         (4) Notwithstanding ss. 1002.55(3)(c)1. and 1002.63(4)
  142  1002.63(5), each public school and private prekindergarten
  143  provider must have, for each prekindergarten class, at least one
  144  prekindergarten instructor who:
  145         (a) Is a certified teacher; or
  146         (b) Holds one of the educational credentials specified in
  147  s. 1002.55(4)(a) or (b).
  148  As used in this subsection, the term “certified teacher” means a
  149  teacher holding a valid Florida educator certificate under s.
  150  1012.56 who has the qualifications required by the district
  151  school board to instruct students in the summer prekindergarten
  152  program. In selecting instructional staff for the summer
  153  prekindergarten program, each school district shall give
  154  priority to teachers who have experience or coursework in early
  155  childhood education.
  156         (7) Notwithstanding ss. 1002.55(3)(f) and 1002.63(7)
  157  1002.63(8), each prekindergarten class in the summer
  158  prekindergarten program, regardless of whether the class is a
  159  public school's or private prekindergarten provider's class,
  160  must be composed of at least 4 students but may not exceed 12 10
  161  students beginning with the 2009 summer session. In order to
  162  protect the health and safety of students, each public school or
  163  private prekindergarten provider must also provide appropriate
  164  adult supervision for students at all times. This subsection
  165  does not supersede any requirement imposed on a provider under
  166  ss. 402.301-402.319.
  167         Section 6. Section 1002.63, Florida Statutes, is amended to
  168  read:
  169         1002.63 School-year prekindergarten program delivered by
  170  public schools.—
  171         (1) Each school district eligible under subsection (4) may
  172  administer the Voluntary Prekindergarten Education Program at
  173  the district level for students enrolled under s. 1002.53(3)(c)
  174  in a school-year prekindergarten program delivered by a public
  175  school.
  176         (2) Each school-year prekindergarten program delivered by a
  177  public school must comprise at least 540 instructional hours.
  178         (3) The district school board of each school district
  179  eligible under subsection (4) shall determine which public
  180  schools in the district may are eligible to deliver the
  181  prekindergarten program during the school year.
  182         (4)To be eligible to deliver the prekindergarten program
  183  during the school year, each school district must meet both of
  184  the following requirements:
  185         (a)The district school board must certify to the State
  186  Board of Education that the school district:
  187         1.Has reduced the average class size in each classroom in
  188  accordance with s. 1003.03 and the schedule in s. 1(a), Art. IX
  189  of the State Constitution; and
  190         2.Has sufficient satisfactory educational facilities and
  191  capital outlay funds to continue reducing the average class size
  192  in each classroom in the district's elementary schools for each
  193  year in accordance with the schedule for class size reduction
  194  and to achieve full compliance with the maximum class sizes in
  195  s. 1(a), Art. IX of the State Constitution by the beginning of
  196  the 2010-2011 school year.
  197         (b)The Commissioner of Education must certify to the State
  198  Board of Education that the department has reviewed the school
  199  district's educational facilities, capital outlay funds, and
  200  projected student enrollment and concurs with the district
  201  school board's certification under paragraph (a).
  202         (4)(5) Each public school must have, for each
  203  prekindergarten class, at least one prekindergarten instructor
  204  who meets each requirement in s. 1002.55(3)(c) for a
  205  prekindergarten instructor of a private prekindergarten
  206  provider.
  207         (5)(6) Each prekindergarten instructor employed by a public
  208  school delivering the school-year prekindergarten program must
  209  be of good moral character, must be screened using the level 2
  210  screening standards in s. 435.04 before employment and
  211  rescreened at least once every 5 years, must be denied
  212  employment or terminated if required under s. 435.06, and must
  213  not be ineligible to teach in a public school because his or her
  214  educator certificate is suspended or revoked. This subsection
  215  does not supersede employment requirements for instructional
  216  personnel in public schools which are more stringent than the
  217  requirements of this subsection.
  218         (6)(7) A public school prekindergarten provider may assign
  219  a substitute instructor to temporarily replace a credentialed
  220  instructor if the credentialed instructor assigned to a
  221  prekindergarten class is absent, as long as the substitute
  222  instructor is of good moral character and has been screened
  223  before employment in accordance with level 2 background
  224  screening requirements in chapter 435. This subsection does not
  225  supersede employment requirements for instructional personnel in
  226  public schools which are more stringent than the requirements of
  227  this subsection. The Agency for Workforce Innovation shall adopt
  228  rules to implement this subsection which shall include required
  229  qualifications of substitute instructors and the circumstances
  230  and time limits for which a public school prekindergarten
  231  provider may assign a substitute instructor.
  232         (7)(8) Each prekindergarten class in a public school
  233  delivering the school-year prekindergarten program must be
  234  composed of at least 4 students but may not exceed 18 students.
  235  In order to protect the health and safety of students, each
  236  school must also provide appropriate adult supervision for
  237  students at all times and, for each prekindergarten class
  238  composed of 11 or more students, must have, in addition to a
  239  prekindergarten instructor who meets the requirements of s.
  240  1002.55(3)(c), at least one adult prekindergarten instructor who
  241  is not required to meet those requirements but who must meet
  242  each requirement of subsection (5) (6).
  243         (8)(9) Each public school delivering the school-year
  244  prekindergarten program must:
  245         (a) Register with the early learning coalition on forms
  246  prescribed by the Agency for Workforce Innovation; and
  247         (b) Deliver the Voluntary Prekindergarten Education Program
  248  in accordance with this part.
  249         Section 7. Subsections (3) and (4), paragraph (d) of
  250  subsection (6), and subsection (7) of section 1002.71, Florida
  251  Statutes, are amended to read:
  252         1002.71 Funding; financial and attendance reporting.—
  253         (3)(a) A separate The base student allocation per full-time
  254  equivalent student in the Voluntary Prekindergarten Education
  255  Program shall be provided in the General Appropriations Act for
  256  a school-year prekindergarten program and for a summer
  257  prekindergarten program. The base student allocation for a
  258  school-year program and shall be equal for each student,
  259  regardless of whether the student is enrolled in a school-year
  260  prekindergarten program delivered by a public school or a
  261  private prekindergarten provider. The base student allocation
  262  for, a summer prekindergarten program shall be equal for each
  263  student, regardless of whether the student is enrolled in a
  264  summer prekindergarten program delivered by a public school or
  265  private prekindergarten provider, or a school-year
  266  prekindergarten program delivered by a public school.
  267         (b) Each county's allocation per full-time equivalent
  268  student in the Voluntary Prekindergarten Education Program shall
  269  be calculated annually by multiplying the base student
  270  allocation provided in the General Appropriations Act by the
  271  county's district cost differential provided in s. 1011.62(2).
  272  Each private prekindergarten provider and public school shall be
  273  paid in accordance with the county's allocation per full-time
  274  equivalent student.
  275         (c) The initial allocation shall be based on estimated
  276  student enrollment in each coalition service area. The Agency
  277  for Workforce Innovation shall reallocate funds among the
  278  coalitions based on actual full-time equivalent student
  279  enrollment in each coalition service area.
  280         (d) For programs offered by school districts pursuant to s.
  281  1002.61 and beginning with the 2009 summer program, each
  282  district's funding shall be based on a full-time equivalent
  283  student enrollment that is evenly divisible by 12 10. If the
  284  result of dividing a district's full-time equivalent student
  285  enrollment by 12 10 is not a whole number, the district's
  286  enrollment calculation shall be adjusted by adding the minimum
  287  number of full-time equivalent students to produce a full-time
  288  equivalent student enrollment calculation that is evenly
  289  divisible by 12 10.
  290         (4) Notwithstanding s. 1002.53(3) and subsection (2):
  291         (a) A child who, for any of the prekindergarten programs
  292  listed in s. 1002.53(3), has not completed more than 10 percent
  293  of the hours authorized to be reported for funding under
  294  subsection (2) may withdraw from the program for good cause,
  295  reenroll in one of the programs, and be reported for funding
  296  purposes as a full-time equivalent student in the program for
  297  which the child is reenrolled. The total funding for a child who
  298  reenrolls in one of the programs shall not exceed one full-time
  299  equivalent student.
  300         (b) A child who has not substantially completed any of the
  301  prekindergarten programs listed in s. 1002.53(3) may withdraw
  302  from the program due to an extreme hardship that is beyond the
  303  child's or parent's control, reenroll in one of the summer
  304  programs, and be reported for funding purposes as a full-time
  305  equivalent student in the summer program for which the child is
  306  reenrolled.
  307  A child may reenroll only once in a prekindergarten program
  308  under this section. A child who reenrolls in a prekindergarten
  309  program under this subsection may not subsequently withdraw from
  310  the program and reenroll. The Agency for Workforce Innovation
  311  shall establish criteria specifying whether a good cause exists
  312  for a child to withdraw from a program under paragraph (a),
  313  whether a child has substantially completed a program under
  314  paragraph (b), and whether an extreme hardship exists which is
  315  beyond the child's or parent's control under paragraph (b).
  316         (6)
  317         (d) The Agency for Workforce Innovation shall adopt, for
  318  funding purposes, a uniform attendance policy for the Voluntary
  319  Prekindergarten Education Program. The attendance policy must
  320  apply statewide and apply equally to all private prekindergarten
  321  providers and public schools. The attendance policy must
  322  establish a minimum requirement for student attendance and
  323  include the following provisions:
  324         1. Beginning with the 2009-2010 fiscal year for school-year
  325  programs and the 2009 summer program, a student who meets the
  326  minimum requirement of 80 percent of the total number of hours
  327  for the program may be reported as a full-time equivalent
  328  student for funding purposes.
  329         2. A student who does not meet the minimum requirement may
  330  be reported only as a fractional part of a full-time equivalent
  331  student, reduced pro rata based on the student's attendance.
  332         3. A student who does not meet the minimum requirement may
  333  be reported as a full-time equivalent student if the student is
  334  absent for good cause in accordance with exceptions specified in
  335  the uniform attendance policy.
  336  The uniform attendance policy shall be used only for funding
  337  purposes and does not prohibit a private prekindergarten
  338  provider or public school from adopting and enforcing its
  339  attendance policy under paragraphs (a) and (c).
  340         (7) The Agency for Workforce Innovation shall require that
  341  administrative expenditures be kept to the minimum necessary for
  342  efficient and effective administration of the Voluntary
  343  Prekindergarten Education Program. Administrative policies and
  344  procedures shall be revised, to the maximum extent practicable,
  345  to incorporate the use of automation and electronic submission
  346  of forms, including those required for child eligibility and
  347  enrollment, provider and class registration, and monthly
  348  certification of attendance for payment. A school district may
  349  use its automated daily attendance reporting system for the
  350  purpose of transmitting attendance records to the early learning
  351  coalition in a mutually agreed-upon format. In addition, actions
  352  shall be taken to reduce paperwork, eliminate the duplication of
  353  reports, and eliminate other duplicative activities. Beginning
  354  with the 2008-2009 fiscal year, each early learning coalition
  355  may retain and expend no more than 4.85 5 percent of the funds
  356  paid by the coalition to private prekindergarten providers and
  357  public schools under paragraph (5)(b). Funds retained by an
  358  early learning coalition under this subsection may be used only
  359  for administering the Voluntary Prekindergarten Education
  360  Program and may not be used for the school readiness program or
  361  other programs.
  362         Section 8. Paragraphs (c) and (d) of subsection (2) of
  363  section 1002.73, Florida Statutes, are amended to read:
  364         1002.73 Department of Education; powers and duties;
  365  accountability requirements.—
  366         (2) The department shall adopt procedures for the
  367  department's:
  368         (c)Certification of school districts that are eligible to
  369  deliver the school-year prekindergarten program under s.
  370  1002.63.
  371         (c)(d) Administration of the statewide kindergarten
  372  screening and calculation of kindergarten readiness rates under
  373  s. 1002.69.
  374         Section 9. Paragraph (a) of subsection (4) of section
  375  1003.03, Florida Statutes, is amended to read:
  376         1003.03 Maximum class size.—
  377         (4) ACCOUNTABILITY.—
  378         (a)1. Beginning in the 2003-2004 fiscal year, if the
  379  department determines for any year that a school district has
  380  not reduced average class size as required in subsection (2) at
  381  the time of the third FEFP calculation, the department shall
  382  calculate an amount from the class size reduction operating
  383  categorical which is proportionate to the amount of class size
  384  reduction not accomplished. Upon verification of the
  385  department's calculation by the Florida Education Finance
  386  Program Appropriation Allocation Conference and not later than
  387  March 1 of each year, the Executive Office of the Governor shall
  388  transfer undistributed funds equivalent to the calculated amount
  389  from the district's class size reduction operating categorical
  390  to an approved fixed capital outlay appropriation for class size
  391  reduction in the affected district pursuant to s. 216.292(2)(d).
  392  The amount of funds transferred shall be the lesser of the
  393  amount verified by the Florida Education Finance Program
  394  Appropriation Allocation Conference or the undistributed balance
  395  of the district's class size reduction operating categorical.
  396         2. In lieu of the transfer required by subparagraph 1., the
  397  Commissioner of Education may recommend a budget amendment,
  398  subject to approval by the Legislative Budget Commission, to
  399  transfer an alternative amount of funds from the district's
  400  class size reduction operating categorical to its approved fixed
  401  capital outlay account for class size reduction if the
  402  commissioner finds that the State Board of Education has
  403  reviewed evidence indicating that a district has been unable to
  404  meet class size reduction requirements despite appropriate
  405  effort to do so. The commissioner's budget amendment must be
  406  submitted to the Legislative Budget Commission by February 15 of
  407  each year.
  408         3. For the 2007-2008 fiscal year and thereafter, if in any
  409  fiscal year funds from a district's class size operating
  410  categorical are required to be transferred to its fixed capital
  411  outlay fund and the district's class size operating categorical
  412  allocation in the General Appropriations Act for that fiscal
  413  year has been reduced by a subsequent appropriation, the
  414  Commissioner of Education may recommend a 50 percent 10-percent
  415  reduction in the amount of the transfer.
  416         Section 10. Paragraph (a) of subsection (2) of section
  417  1006.40, Florida Statutes, is amended to read:
  418         1006.40 Use of instructional materials allocation;
  419  instructional materials, library books, and reference books;
  420  repair of books.—
  421         (2)(a) Each district school board must purchase current
  422  instructional materials to provide each student with a textbook
  423  or other instructional materials as a major tool of instruction
  424  in core courses of the appropriate subject areas of mathematics,
  425  language arts, science, social studies, reading, and literature
  426  for kindergarten through grade 12. Such purchase must be made
  427  within the first 2 years after of the effective date of the
  428  adoption cycle; however, this requirement is waived for the
  429  adoption cycle occurring in the 2008-2009 academic year. Unless
  430  specifically provided for in the General Appropriations Act, the
  431  cost of instructional materials purchases required by this
  432  paragraph shall not exceed the amount of the district's
  433  allocation for instructional materials, pursuant to s. 1011.67,
  434  for the previous 2 years.
  435         Section 11. Section 1011.051, Florida Statutes, is created
  436  to read:
  437         1011.051Guidelines for general funds.—The district school
  438  board shall maintain an unreserved general fund balance that is
  439  sufficient to address normal contingencies.
  440         (1)If at any time the unreserved general fund balance in
  441  the district's approved operating budget is projected to fall
  442  during the current fiscal year below 3 percent of projected
  443  general fund revenues, the superintendent shall provide written
  444  notification to the district school board and the Commissioner
  445  of Education.
  446         (2)If the unreserved general fund balance in the
  447  district’s approved operating budget is projected to fall during
  448  the current fiscal year below 2 percent of projected general
  449  fund revenues, the superintendent shall provide written
  450  notification to the district school board and the Commissioner
  451  of Education. Within 14 days after receiving such notification,
  452  if the commissioner determines that the district does not have a
  453  plan that is reasonably anticipated to avoid a financial
  454  emergency as determined pursuant to 218.503, the commissioner
  455  shall appoint a financial emergency board that shall operate
  456  consistent with the requirements, powers, and duties specified
  457  in s. 218.503(3)(g).
  458         Section 12. Paragraph (d) of subsection (2) and subsection
  459  (4) of section 1011.71, Florida Statutes, are amended to read:
  460         1011.71 District school tax.—
  461         (2) In addition to the maximum millage levy as provided in
  462  subsection (1), each school board may levy not more than 1.75
  463  mills against the taxable value for school purposes for district
  464  schools, including charter schools at the discretion of the
  465  school board, to fund:
  466         (d) Effective July 1, 2008, the purchase, lease-purchase,
  467  or lease of new and replacement equipment, and enterprise
  468  resource software applications that are classified as capital
  469  assets in accordance with definitions of the Governmental
  470  Accounting Standards Board, have a useful life of at least 5
  471  years, and are used to support district-wide administration or
  472  state-mandated reporting requirements.
  473         (4) Effective July 1, 2008, and through June 30, 2010, a
  474  school district that has met the reduction requirements
  475  regarding class size for the 2008-2009 fiscal year pursuant to
  476  s. 1003.03 for K-12 students for whom the school district
  477  provides the educational facilities and governs operations and
  478  certifies to the Commissioner of Education that the district
  479  does not need all of its discretionary 1.75-mill capital
  480  improvement revenue for capital outlay purposes and all of the
  481  district's instructional space needs for the next 5 years can be
  482  met from capital outlay sources that the district reasonably
  483  expects to receive during the next 5 years from local revenues
  484  and from currently appropriated state facilities funding or from
  485  alternative scheduling or construction, leasing, rezoning, or
  486  technological methodologies that exhibit sound management may
  487  expend, subject to the provisions of s. 200.065, up to $100 $65
  488  per unweighted full-time equivalent student from the revenue
  489  generated by the 2008-2009 millage levy authorized by subsection
  490  (2) to fund, in addition to expenditures authorized in
  491  paragraphs (2)(a)-(j), 2008-2009 expenses for the following:
  492         (a) The purchase, lease-purchase, or lease of driver's
  493  education vehicles; motor vehicles used for the maintenance or
  494  operation of plants and equipment; security vehicles; or
  495  vehicles used in storing or distributing materials and
  496  equipment.
  497         (b) Payment of the cost of premiums for property and
  498  casualty insurance necessary to insure school district
  499  educational and ancillary plants. Operating revenues that are
  500  made available through the payment of property and casualty
  501  insurance premiums from revenues generated under this subsection
  502  may be expended only for nonrecurring operational expenditures
  503  of the school district.
  504         Section 13. Section 11 of chapter 2008-142 and section 2 of
  505  chapter 2008-213, Laws of Florida, are repealed.
  506         Section 14. Paragraph (b) of subsection (6) of section
  507  1013.64, Florida Statutes, is amended to read:
  508         1013.64 Funds for comprehensive educational plant needs;
  509  construction cost maximums for school district capital
  510  projects.—Allocations from the Public Education Capital Outlay
  511  and Debt Service Trust Fund to the various boards for capital
  512  outlay projects shall be determined as follows:
  513         (6)
  514         (b)1. A district school board, including a district school
  515  board of an academic performance-based charter school district,
  516  must not use funds from the following sources: Public Education
  517  Capital Outlay and Debt Service Trust Fund; School District and
  518  Community College District Capital Outlay and Debt Service Trust
  519  Fund; Classrooms First Program funds provided in s. 1013.68;
  520  effort index grant funds provided in s. 1013.73; nonvoted 1.75
  521  mill 2-mill levy of ad valorem property taxes provided in s.
  522  1011.71(2); Classrooms for Kids Program funds provided in s.
  523  1013.735; District Effort Recognition Program funds provided in
  524  s. 1013.736; or High Growth District Capital Outlay Assistance
  525  Grant Program funds provided in s. 1013.738 for any new
  526  construction of educational plant space with a total cost per
  527  student station, including change orders, that equals more than:
  528         a. $17,952 for an elementary school,
  529         b. $19,386 for a middle school, or
  530         c. $25,181 for a high school,
  531  (January 2006) as adjusted annually to reflect increases or
  532  decreases in the Consumer Price Index.
  533         2. A district school board must not use funds from the
  534  Public Education Capital Outlay and Debt Service Trust Fund or
  535  the School District and Community College District Capital
  536  Outlay and Debt Service Trust Fund for any new construction of
  537  an ancillary plant that exceeds 70 percent of the average cost
  538  per square foot of new construction for all schools.
  539         Section 15. Merit awards for instructional personnel and
  540  school-based administrators selected for the Merit Award Program
  541  in 2008-2009 shall be paid in the 2009-2010 fiscal year only to
  542  the extent that funds are available and specifically
  543  appropriated in the 2009-2010 fiscal year.
  544         Section 16. (1)If the Commissioner of Education determines
  545  that a school district acted in good faith, he or she may waive
  546  the equal-dollar reduction required in s. 1011.71(5), Florida
  547  Statutes, for expenditures for property and casualty insurance
  548  made between May 1 and December 31, 2007, and for the audit
  549  findings for the 2006-2007 fiscal year related to the purchase
  550  of software.
  551         (2)This section shall take effect upon this act becoming a
  552  law, but only if the School Board of Miami-Dade County dismisses
  553  the lawsuit entitled “School Board of Miami-Dade County v. State
  554  of Florida Board of Education,” case number 09-00507CA20, which
  555  is pending in the Circuit Court of the Eleventh Judicial
  556  Circuit.
  557         Section 17. In order to implement Specific Appropriations
  558  2, 3, and 42 through 45 of the Special Appropriations Act for
  559  the 2008-2009 fiscal year, the calculations of the Florida
  560  Education Finance Program for the 2008-2009 fiscal year in the
  561  document entitled “Public School Funding – The Florida Education
  562  Finance Program,” dated January 11, 2009, and filed with the
  563  Secretary of the Senate are incorporated by reference for the
  564  purpose of displaying the calculations used by the Legislature,
  565  consistent with requirements of the Florida Statutes, in making
  566  appropriations and reductions in appropriations for the Florida
  567  Education Finance Program.
  568         Section 18. Except as otherwise expressly provided in this
  569  act, this act shall take effect February 1, 2009, or upon
  570  becoming a law, whichever occurs later; however, the provisions
  571  of s. 1011.71, Florida Statutes, as amended by this act, shall
  572  operate retroactively to July 1, 2008, and, if this act becomes
  573  a law after February 1, 2009, the provisions of s. 1002.71,
  574  Florida Statutes, as amended by this act, shall operate
  575  retroactively to February 1, 2009.