Florida Senate - 2013                                     SB 350
       By Senator Braynon
       36-00370-13                                            2013350__
    1                        A bill to be entitled                      
    2         An act relating to the allocation and expenditure of
    3         state lottery revenues; amending s. 24.121, F.S.;
    4         requiring a percentage of unencumbered funds to be
    5         allocated to the Voluntary Prekindergarten Education
    6         Program; providing for use of the funds; providing an
    7         effective date.
    9  Be It Enacted by the Legislature of the State of Florida:
   11         Section 1. Subsection (5) of section 24.121, Florida
   12  Statutes, is amended to read:
   13         24.121 Allocation of revenues and expenditure of funds for
   14  public education.—
   15         (5)(a) Public educational programs and purposes funded by
   16  the Educational Enhancement Trust Fund may include, but are not
   17  limited to, endowment, scholarship, matching funds, direct
   18  grants, research and economic development related to education,
   19  salary enhancement, contracts with independent institutions to
   20  conduct programs consistent with the state master plan for
   21  postsecondary education, or any other educational program or
   22  purpose deemed desirable by the Legislature. Before Prior to the
   23  expenditure of these funds, each school district shall establish
   24  policies and procedures that define enhancement and the types of
   25  expenditures consistent with that definition.
   26         (b) Except as provided in paragraphs (c)-(f) (c), (d), and
   27  (e), the Legislature shall equitably apportion moneys in the
   28  trust fund among public schools, community colleges, and
   29  universities.
   30         (c) A portion of such net revenues, as determined annually
   31  by the Legislature, shall be distributed to each school district
   32  and shall be made available to each public school in the
   33  district for enhancing school performance through development
   34  and implementation of a school improvement plan pursuant to s.
   35  1001.42(18). A portion of these moneys, as determined annually
   36  in the General Appropriations Act, must be allocated to each
   37  school in an equal amount for each student enrolled. These
   38  moneys may be expended only on programs or projects selected by
   39  the school advisory council or by a parent advisory committee
   40  created pursuant to this paragraph. If a school does not have a
   41  school advisory council, the district advisory council must
   42  appoint a parent advisory committee composed of parents of
   43  students enrolled in that school, which is representative of the
   44  ethnic, racial, and economic community served by the school, to
   45  advise the school’s principal on the programs or projects to be
   46  funded. Neither School district staff and the school’s principal
   47  nor principals may not override the recommendations of the
   48  school advisory council or the parent advisory committee. These
   49  moneys may not be used for capital improvements or for any
   50  project or program that has a duration of more than 1 year;
   51  however, a school advisory council or parent advisory committee
   52  may independently determine that a program or project formerly
   53  funded under this paragraph should receive funds in a subsequent
   54  year.
   55         (d) No Funds may not shall be released for any purpose from
   56  the Educational Enhancement Trust Fund to any school district in
   57  which one or more schools do not have an approved school
   58  improvement plan pursuant to s. 1001.42(18) or do not comply
   59  with school advisory council membership composition requirements
   60  pursuant to s. 1001.452(1). The Commissioner of Education shall
   61  withhold disbursements from the trust fund to any school
   62  district that fails to adopt the performance-based salary
   63  schedule required by s. 1012.22(1).
   64         (e) All components of the Florida Bright Futures
   65  Scholarship Program shall be funded annually from the
   66  Educational Enhancement Trust Fund. Funds shall be allocated to
   67  this program before prior to application of the formula for
   68  equitable distribution to public schools, community colleges,
   69  and state universities. If shortages require reductions in
   70  estimated distributions from the Educational Enhancement Trust
   71  Fund, funds for the Florida Bright Futures Scholarship Program
   72  shall be reduced only after reductions in all other
   73  distributions are made.
   74         (f) Fifty percent of unencumbered funds not spent in the
   75  previous fiscal year shall be allocated to enhance the Voluntary
   76  Prekindergarten Education Program pursuant to a final audit of
   77  those funds. Such unencumbered funds shall be allocated to each
   78  school-year or summer prekindergarten program in an equal amount
   79  for each student enrolled. These funds shall be used for direct
   80  classroom expenditures and may not be used for administrative
   81  costs.
   82         (g)(f) Each school district shall, on a quarterly basis,
   83  make available to the public and distribute, in an easy to
   84  understand format, the expenditures of lottery funds allocated
   85  to the school district.
   86         Section 2. This act shall take effect October 1, 2013.