Florida Senate - 2018                                    SB 1804
       By Senator Stargel
       22-01165A-18                                          20181804__
    1                        A bill to be entitled                      
    2         An act relating to school district accountability;
    3         amending s. 11.45, F.S.; revising the duties of the
    4         Auditor General; amending s. 112.313, F.S.;
    5         prohibiting former appointed district school
    6         superintendents from conducting certain lobbying
    7         activities; amending s. 112.31455, F.S.; requiring the
    8         governing body of a district school board be notified
    9         if an officer or employee of the body owes a certain
   10         fine; requiring the governing body of a district
   11         school board to take specified actions under such
   12         circumstances; amending s. 1001.20, F.S.; requiring
   13         the Office of Inspector General to investigate certain
   14         allegations and reports made by specified individuals;
   15         amending s. 1001.39, F.S.; requiring a district school
   16         board member’s travel outside of the school district
   17         to be preapproved and meet certain criteria; amending
   18         s. 1001.395, F.S.; providing that certain requirements
   19         for the salaries of district school board members
   20         apply every fiscal year, rather than one specific
   21         fiscal year; amending s. 1001.42, F.S.; providing that
   22         the standards of ethical conduct apply to
   23         administrative personnel and school officers;
   24         requiring employment of internal auditors in certain
   25         school districts; revising provisions relating to the
   26         duties of such internal auditors; amending s. 1010.20,
   27         F.S.; requiring each school district to report certain
   28         expenditures to the Department of Education; providing
   29         department responsibilities; amending s. 1010.30,
   30         F.S.; requiring certain entities to provide an audit
   31         overview under certain circumstances; providing the
   32         contents of the overview; amending ss. 1011.01 and
   33         1011.03, F.S.; conforming cross-references; amending
   34         s. 1011.035, F.S.; requiring each district school
   35         board to post on its website certain graphical
   36         representations and a link to a certain web-based tool
   37         on the department’s website; providing requirements
   38         for such graphical representations; amending s.
   39         1011.051, F.S.; requiring a district school board to
   40         limit certain expenditures by a specified amount if
   41         certain financial conditions exist for a specified
   42         period of time; requiring the department to contract
   43         with a third party to conduct a forensic audit under
   44         certain circumstances; requiring the results of such
   45         audit to be provided to certain entities; amending s.
   46         1011.06, F.S.; requiring each district school board to
   47         approve certain expenditures by amending its budget
   48         and provide a public explanation for such budget
   49         amendments; amending s. 1011.09, F.S.; providing
   50         certain expenditure limitations for a school district
   51         that meets specified criteria; amending s. 1011.10,
   52         F.S.; requiring certain school districts to withhold
   53         district school board member and school district
   54         superintendent salaries until certain conditions are
   55         met; amending s. 1011.60, F.S.; conforming cross
   56         references; repealing s. 1011.64, F.S., relating to
   57         school district minimum classroom expenditure
   58         requirements; amending s. 1012.23, F.S.; prohibiting a
   59         school district superintendent and district school
   60         board from appointing or employing certain individuals
   61         in certain positions; providing an exception;
   62         requiring the Commission on Ethics to investigate
   63         alleged violations; providing an effective date.
   65  Be It Enacted by the Legislature of the State of Florida:
   67         Section 1. Paragraph (j) of subsection (2) of section
   68  11.45, Florida Statutes, is amended to read:
   69         11.45 Definitions; duties; authorities; reports; rules.—
   70         (2) DUTIES.—The Auditor General shall:
   71         (j) Conduct audits of local governmental entities when
   72  determined to be necessary by the Auditor General, when directed
   73  by the Legislative Auditing Committee, or when otherwise
   74  required by law. No later than 18 months after the release of
   75  the audit report, the Auditor General shall:
   76         1. Perform such appropriate followup procedures as he or
   77  she deems necessary to determine the audited entity’s progress
   78  in addressing the findings and recommendations contained within
   79  the Auditor General’s previous report.
   80         2.Perform such appropriate followup procedures to
   81  determine a district school board’s progress in addressing
   82  findings and recommendations that require corrective action
   83  contained within the Auditor General’s previous report. The
   84  Commissioner of Education shall be notified of the district
   85  school board’s progress.
   87  The Auditor General shall notify each member of the audited
   88  entity’s governing body and the Legislative Auditing Committee
   89  of the results of his or her determination.
   91  The Auditor General shall perform his or her duties
   92  independently but under the general policies established by the
   93  Legislative Auditing Committee. This subsection does not limit
   94  the Auditor General’s discretionary authority to conduct other
   95  audits or engagements of governmental entities as authorized in
   96  subsection (3).
   97         Section 2. Subsection (14) of section 112.313, Florida
   98  Statutes, is amended to read:
   99         112.313 Standards of conduct for public officers, employees
  100  of agencies, and local government attorneys.—
  102  person who has been elected to any county, municipal, special
  103  district, or school district office or appointed superintendent
  104  of a school district may not personally represent another person
  105  or entity for compensation before the government body or agency
  106  of which the person was an officer for a period of 2 years after
  107  vacating that office. For purposes of this subsection:
  108         (a) The “government body or agency” of a member of a board
  109  of county commissioners consists of the commission, the chief
  110  administrative officer or employee of the county, and their
  111  immediate support staff.
  112         (b) The “government body or agency” of any other county
  113  elected officer is the office or department headed by that
  114  officer, including all subordinate employees.
  115         (c) The “government body or agency” of an elected municipal
  116  officer consists of the governing body of the municipality, the
  117  chief administrative officer or employee of the municipality,
  118  and their immediate support staff.
  119         (d) The “government body or agency” of an elected special
  120  district officer is the special district.
  121         (e) The “government body or agency” of an elected school
  122  district officer is the school district.
  123         Section 3. Subsection (1) of section 112.31455, Florida
  124  Statutes, is amended to read:
  125         112.31455 Collection methods for unpaid automatic fines for
  126  failure to timely file disclosure of financial interests.—
  127         (1) Before referring any unpaid fine accrued pursuant to s.
  128  112.3144(5) or s. 112.3145(7) to the Department of Financial
  129  Services, the commission shall attempt to determine whether the
  130  individual owing such a fine is a current public officer or
  131  current public employee. If so, the commission may notify the
  132  Chief Financial Officer or the governing body of the appropriate
  133  county, municipality, district school board, or special district
  134  of the total amount of any fine owed to the commission by such
  135  individual.
  136         (a) After receipt and verification of the notice from the
  137  commission, the Chief Financial Officer or the governing body of
  138  the county, municipality, district school board, or special
  139  district shall begin withholding the lesser of 10 percent or the
  140  maximum amount allowed under federal law from any salary-related
  141  payment. The withheld payments shall be remitted to the
  142  commission until the fine is satisfied.
  143         (b) The Chief Financial Officer or the governing body of
  144  the county, municipality, district school board, or special
  145  district may retain an amount of each withheld payment, as
  146  provided in s. 77.0305, to cover the administrative costs
  147  incurred under this section.
  148         Section 4. Paragraph (e) of subsection (4) of section
  149  1001.20, Florida Statutes, is amended to read:
  150         1001.20 Department under direction of state board.—
  151         (4) The Department of Education shall establish the
  152  following offices within the Office of the Commissioner of
  153  Education which shall coordinate their activities with all other
  154  divisions and offices:
  155         (e) Office of Inspector General.—Organized using existing
  156  resources and funds and responsible for promoting
  157  accountability, efficiency, and effectiveness and detecting
  158  fraud and abuse within school districts, the Florida School for
  159  the Deaf and the Blind, and Florida College System institutions
  160  in Florida. If the Commissioner of Education determines that a
  161  district school board, the Board of Trustees for the Florida
  162  School for the Deaf and the Blind, or a Florida College System
  163  institution board of trustees is unwilling or unable to address
  164  substantiated allegations made by any person relating to waste,
  165  fraud, or financial mismanagement within the school district,
  166  the Florida School for the Deaf and the Blind, or the Florida
  167  College System institution, the office shall conduct,
  168  coordinate, or request investigations into such substantiated
  169  allegations. The office shall investigate allegations or reports
  170  of possible fraud or abuse against a district school board made
  171  by any member of the Cabinet; the presiding officer of either
  172  house of the Legislature; a chair of a substantive or
  173  appropriations committee with jurisdiction; or a member of the
  174  board for which an investigation is sought. The office shall
  175  have access to all information and personnel necessary to
  176  perform its duties and shall have all of its current powers,
  177  duties, and responsibilities authorized in s. 20.055.
  178         Section 5. Subsection (1) of section 1001.39, Florida
  179  Statutes, is amended to read:
  180         1001.39 District school board members; travel expenses.—
  181         (1) In addition to the salary provided in s. 1001.395, each
  182  member of a district school board shall be allowed, from the
  183  district school fund, reimbursement of travel expenses as
  184  authorized in s. 112.061, except as provided that in subsection
  185  (2). any travel outside the district requires prior approval by
  186  the district school board to confirm that such travel is for
  187  official business of the school district and complies with shall
  188  also be governed by the rules of the State Board of Education.
  189         Section 6. Subsection (3) of section 1001.395, Florida
  190  Statutes, is amended to read:
  191         1001.395 District school board members; compensation.—
  192         (3) Notwithstanding the provisions of this section and s.
  193  145.19, for the 2010-2011 fiscal year, the salary of each
  194  district school board member shall be the amount calculated
  195  pursuant to subsection (1) or the district’s beginning salary
  196  for teachers who hold baccalaureate degrees, whichever is less.
  197         Section 7. Subsections (6) and (7), paragraph (l) of
  198  subsection (12), and paragraph (b) of subsection (17) of section
  199  1001.42, Florida Statutes, are amended to read:
  200         1001.42 Powers and duties of district school board.—The
  201  district school board, acting as a board, shall exercise all
  202  powers and perform all duties listed below:
  205  ADMINISTRATORS.—Adopt policies establishing standards of ethical
  206  conduct for instructional personnel, administrative personnel,
  207  and school officers administrators. The policies must require
  208  all instructional personnel, administrative personnel, and
  209  school officers administrators, as defined in s. 1012.01, to
  210  complete training on the standards; establish the duty of
  211  instructional personnel, administrative personnel, and school
  212  officers administrators to report, and procedures for reporting,
  213  alleged misconduct by other instructional or administrative
  214  personnel and school officers school administrators which
  215  affects the health, safety, or welfare of a student; and include
  216  an explanation of the liability protections provided under ss.
  217  39.203 and 768.095. A district school board, or any of its
  218  employees, may not enter into a confidentiality agreement
  219  regarding terminated or dismissed instructional or
  220  administrative personnel or school officers administrators, or
  221  personnel or administrators who resign in lieu of termination,
  222  based in whole or in part on misconduct that affects the health,
  223  safety, or welfare of a student, and may not provide
  224  instructional personnel, administrative personnel, or school
  225  officers administrators with employment references or discuss
  226  the personnel’s or officers’ administrators’ performance with
  227  prospective employers in another educational setting, without
  228  disclosing the personnel’s or officers’ administrators’
  229  misconduct. Any part of an agreement or contract that has the
  230  purpose or effect of concealing misconduct by instructional
  231  personnel, administrative personnel, or school officers
  232  administrators which affects the health, safety, or welfare of a
  233  student is void, is contrary to public policy, and may not be
  234  enforced.
  235         (7) DISQUALIFICATION FROM EMPLOYMENT.—Disqualify
  236  instructional personnel and administrative personnel school
  237  administrators, as defined in s. 1012.01, from employment in any
  238  position that requires direct contact with students if the
  239  personnel or administrators are ineligible for such employment
  240  under s. 1012.315. An elected or appointed school board official
  241  forfeits his or her salary for 1 year if:
  242         (a) The school board official knowingly signs and transmits
  243  to any state official a report of alleged misconduct by
  244  instructional personnel or administrative personnel school
  245  administrators which affects the health, safety, or welfare of a
  246  student and the school board official knows the report to be
  247  false or incorrect; or
  248         (b) The school board official knowingly fails to adopt
  249  policies that require instructional personnel and administrative
  250  personnel school administrators to report alleged misconduct by
  251  other instructional personnel and administrative personnel
  252  school administrators, or that require the investigation of all
  253  reports of alleged misconduct by instructional personnel and
  254  administrative personnel school administrators, if the
  255  misconduct affects the health, safety, or welfare of a student.
  256         (12) FINANCE.—Take steps to assure students adequate
  257  educational facilities through the financial procedure
  258  authorized in chapters 1010 and 1011 and as prescribed below:
  259         (l) Internal auditor.—May or, in the case of a school
  260  district receiving annual federal, state, and local funds in
  261  excess of $500 million, shall employ an internal auditor. The
  262  duties of the internal auditor shall include oversight of every
  263  functional and program area of the school system.
  264         1.The internal auditor shall to perform ongoing financial
  265  verification of the financial records of the school district, a
  266  comprehensive risk assessment of all areas of the school system
  267  every 5 years, and other audits and reviews as the district
  268  school board directs for determining:
  269         a.The adequacy of internal controls designed to prevent
  270  and detect fraud, waste, and abuse.
  271         b.Compliance with applicable laws, rules, contracts, grant
  272  agreements, district school board-approved policies, and best
  273  practices.
  274         c.The efficiency of operations.
  275         d.The reliability of financial records and reports.
  276         e.The safeguarding of assets.
  277         f.Financial solvency.
  278         g.Projected revenues and expenditures.
  279         h.The rate of change in the general fund balance.
  280         2. The internal auditor shall prepare audit reports of his
  281  or her findings and report directly to the district school board
  282  or its designee.
  283         3.Any person responsible for furnishing or producing any
  284  book, record, paper, document, data, or sufficient information
  285  necessary to conduct a proper audit or examination which the
  286  internal auditor is by law authorized to perform is subject to
  287  the provisions of s. 11.47(3) and (4).
  289         (b) Adopt rules to strengthen family involvement and
  290  empowerment pursuant to s. 1002.23. The rules shall be developed
  291  in collaboration with administrative personnel school
  292  administrators, parents, teachers, and community partners.
  293         Section 8. Subsection (2) of section 1010.20, Florida
  294  Statutes, is amended to read:
  295         1010.20 Cost accounting and reporting for school
  296  districts.—
  297         (2) COST REPORTING.—
  298         (a) Each district shall report on a district-aggregate
  299  basis expenditures for inservice training pursuant to s.
  300  1011.62(3) and for categorical programs as provided in s.
  301  1011.62(6).
  302         (b) Each district shall report to the department on a
  303  school-by-school and on an aggregate district basis expenditures
  304  for:
  305         1. Each program funded in s. 1011.62(1)(c).
  306         2.Total operating costs as reported pursuant to s.
  307  1010.215.
  308         3.Expenditures for classroom instruction pursuant to the
  309  calculation in s. 1010.215(4)(b)1. and 2.
  310         (c)The department shall:
  311         1.Categorize all public schools and districts into
  312  appropriate groups based primarily on average full-time
  313  equivalent student enrollment as reported on the most recent
  314  student membership survey under s. 1011.62 and in state board
  315  rule to determine groups of peer schools and districts.
  316         2.Annually calculate for each public school, district, and
  317  for the entire state, the percentage of classroom expenditures
  318  to total operating expenditures reported in subparagraphs (b)2.
  319  and 3. The results shall be categorized pursuant to this
  320  paragraph.
  321         3.Annually calculate for all public schools, districts,
  322  and the state, the average percentage of classroom expenditures
  323  to total operating expenditures reported in subparagraphs (b)2.
  324  and 3. The results shall be categorized pursuant to this
  325  paragraph.
  326         4.Develop a web-based fiscal transparency tool that
  327  identifies public schools and districts that produce high
  328  academic achievement based on the ratio of classroom instruction
  329  expenditures to total expenditures. The fiscal transparency tool
  330  shall combine the data calculated pursuant to this paragraph
  331  with the student performance measurements calculated pursuant to
  332  s. 1012.34(7) to determine the financial efficiency of each
  333  public school and district. The results shall be displayed in an
  334  easy to use format that enables the user to compare performance
  335  among public schools and districts.
  336         (d)(c) The Commissioner of Education shall present to the
  337  Legislature, prior to the opening of the regular session each
  338  year, a district-by-district report of the expenditures reported
  339  pursuant to paragraphs (a) and (b). The report shall include
  340  total expenditures, a detailed analysis showing expenditures for
  341  each program, and such other data as may be useful for
  342  management of the education system. The Commissioner of
  343  Education shall also compute cost factors relative to the base
  344  student allocation for each funded program in s. 1011.62(1)(c).
  345         Section 9. Subsection (2) of section 1010.30, Florida
  346  Statutes, is amended to read:
  347         1010.30 Audits required.—
  348         (2) If an audit contains a significant deficiency or
  349  material weakness finding, the district school board, the
  350  Florida College System institution board of trustees, or the
  351  university board of trustees shall conduct an audit overview
  352  during a public meeting. The audit overview shall describe the
  353  corrective action to be taken and a timeline for completion of
  354  such action.
  355         Section 10. Paragraph (a) of subsection (3) of section
  356  1011.01, Florida Statutes, is amended to read:
  357         1011.01 Budget system established.—
  358         (3)(a) Each district school board and each Florida College
  359  System institution board of trustees shall prepare, adopt, and
  360  submit to the Commissioner of Education an annual operating
  361  budget. Operating budgets shall be prepared and submitted in
  362  accordance with the provisions of law, rules of the State Board
  363  of Education, the General Appropriations Act, and for district
  364  school boards in accordance with the provisions of s. 200.065
  365  ss. 200.065 and 1011.64.
  366         Section 11. Subsection (2) of section 1011.03, Florida
  367  Statutes, is amended to read:
  368         1011.03 Public hearings; budget to be submitted to
  369  Department of Education.—
  370         (2)The advertisement of a district that has been required
  371  by the Legislature to increase classroom expenditures pursuant
  372  to s. 1011.64 must include the following statement:
  373  “This proposed budget reflects an increase in classroom
  374  expenditures as a percent of total current operating
  375  expenditures of XX percent over the (previous fiscal year)
  376  fiscal year. This increase in classroom expenditures is required
  377  by the Legislature because the district has performed below the
  378  required performance standard on XX of XX student performance
  379  standards for the (previous school year) school year. In order
  380  to achieve the legislatively required level of classroom
  381  expenditures as a percentage of total operating expenditures,
  382  the proposed budget includes an increase in overall classroom
  383  expenditures of $XX,XXX,XXX above the amount spent for this same
  384  purpose during the (previous fiscal year) fiscal year. In order
  385  to achieve improved student academic performance, this proposed
  386  increase is being budgeted for the following activities:
  387  ...(list activities and amount budgeted)....”
  388         Section 12. Subsection (2) of section 1011.035, Florida
  389  Statutes, is amended, and paragraph (d) is added to subsection
  390  (4) of that section, to read:
  391         1011.035 School district fiscal budget transparency.—
  392         (2) Each district school board shall post on its website a
  393  plain language version of each proposed, tentative, and official
  394  budget which describes each budget item in terms that are easily
  395  understandable to the public and includes graphical
  396  representations, for each public school within the district and
  397  for the school district, of the following:
  398         (a)Summary financial efficiency data.
  399         (b)Fiscal trend information for the previous 3 years on:
  400         1.The ratio of full-time equivalent students to full-time
  401  equivalent instructional personnel.
  402         2.The ratio of full-time equivalent students to full-time
  403  equivalent administrative personnel.
  404         3.The total operating expenditures per full-time
  405  equivalent student.
  406         4.The total instructional expenditures per full-time
  407  equivalent student.
  408         5.The general administrative expenditures as a percentage
  409  of the total budget.
  410         6.The rate of change in the general fund’s ending fund
  411  balance not classified as restricted.
  413  This information must be prominently posted on the school
  414  district’s website in a manner that is readily accessible to the
  415  public.
  416         (4) The website should contain links to:
  417         (d)The web-based fiscal transparency tool developed by the
  418  department pursuant to s. 1010.20 to enable taxpayers to
  419  evaluate the financial efficiency of the school district and
  420  compare the financial efficiency of the school district with
  421  other similarly situated school districts.
  422         Section 13. Subsections (1) and (2) of section 1011.051,
  423  Florida Statutes, are amended to read:
  424         1011.051 Guidelines for general funds.—The district school
  425  board shall maintain a general fund ending fund balance that is
  426  sufficient to address normal contingencies.
  427         (1) If at any time the portion of the general fund’s ending
  428  fund balance not classified as restricted, committed, or
  429  nonspendable in the district’s approved operating budget is
  430  projected to fall below 3 percent of projected general fund
  431  revenues during the current fiscal year, the superintendent
  432  shall provide written notification to the district school board
  433  and the Commissioner of Education. If such financial condition
  434  exists for 2 consecutive fiscal years, the superintendent shall
  435  reduce the district’s administration expenditures reported
  436  pursuant to s. 1010.215(4)(a) in proportion to the reduction in
  437  the general fund’s ending balance or the reduction in student
  438  enrollment, whichever is greater.
  439         (2)(a) If at any time the portion of the general fund’s
  440  ending fund balance not classified as restricted, committed, or
  441  nonspendable in the district’s approved operating budget is
  442  projected to fall below 2 percent of projected general fund
  443  revenues during the current fiscal year, the superintendent
  444  shall provide written notification to the district school board
  445  and the Commissioner of Education. Within 14 days after
  446  receiving such notification, if the commissioner determines that
  447  the district does not have a plan that is reasonably anticipated
  448  to avoid a financial emergency as determined pursuant to s.
  449  218.503, the commissioner shall appoint a financial emergency
  450  board that shall operate under the requirements, powers, and
  451  duties specified in s. 218.503(3)(g).
  452         (b)If any of the conditions identified in s. 218.503(1)
  453  existed in the 2015-2016 school year or thereafter, the
  454  department shall contract with an independent third party to
  455  conduct a forensic audit of all accounts and records which shall
  456  include a financial solvency analysis that encompasses
  457  techniques to prevent and detect fraud, waste, and abuse. The
  458  forensic audit must also collect evidence to determine if any of
  459  the conditions identified in s. 1011.10 have occurred. The
  460  results of the forensic audit shall be provided to the district
  461  school board, the department, the Legislative Auditing
  462  Committee, and the district’s financial emergency board, if
  463  applicable.
  464         Section 14. Subsection (2) of section 1011.06, Florida
  465  Statutes, is amended to read:
  466         1011.06 Expenditures.—
  468  Expenditures from district and all other funds available for the
  469  public school program of any district shall be authorized by law
  470  and must be in accordance with procedures prescribed by the
  471  district school board. A district school board may establish
  472  policies that allow expenditures to exceed the amount budgeted
  473  by function and object, provided that the district school board
  474  complies with s. 1011.09(4) and approves the expenditure by
  475  amending and amends the budget at the next scheduled public
  476  meeting. The district school board must provide a full
  477  explanation of any amendments at the public meeting within
  478  timelines established by school board policies.
  479         Section 15. Subsection (4) of section 1011.09, Florida
  480  Statutes, is amended to read:
  481         1011.09 Expenditure of funds by district school board.—All
  482  state funds apportioned to the credit of any district constitute
  483  a part of the district school fund of that district and must be
  484  budgeted and expended under authority of the district school
  485  board subject to the provisions of law and rules of the State
  486  Board of Education.
  487         (4) If the financial conditions in s. 1011.051 exist, a
  488  district school board During the 2009-2010 fiscal year, unless
  489  otherwise specifically approved by the district school board,
  490  public funds may not make expenditures be expended for out-of
  491  state travel outside of the district or cellular phones,
  492  cellular phone service, personal digital assistants, or any
  493  other mobile wireless communication device or service, including
  494  text messaging, whether through purchasing, leasing,
  495  contracting, or any other method, while the financial conditions
  496  in s. 1011.051 exist. The expenditure of public funds for art
  497  programs, music programs, sports programs, and extracurricular
  498  programs for students is a higher priority than expending funds
  499  for employee travel and cellular phones.
  500         Section 16. Subsection (3) is added to section 1011.10,
  501  Florida Statutes, to read:
  502         1011.10 Penalty.—
  503         (3)If any of the conditions identified in s. 218.503(1)
  504  exist within a school district, the salary of each district
  505  school board member and district superintendent, calculated
  506  pursuant to ss. 1001.395 and 1001.47, shall be withheld until
  507  the conditions are corrected.
  508         Section 17. Subsection (8) of section 1011.60, Florida
  509  Statutes, is amended to read:
  510         1011.60 Minimum requirements of the Florida Education
  511  Finance Program.—Each district which participates in the state
  512  appropriations for the Florida Education Finance Program shall
  513  provide evidence of its effort to maintain an adequate school
  514  program throughout the district and shall meet at least the
  515  following requirements:
  517  the minimum classroom expenditure requirements and associated
  518  reporting pursuant to s. 1011.64.
  519         Section 18. Section 1011.64, Florida Statutes, is repealed.
  520         Section 19. Subsection (2) of section 1012.23, Florida
  521  Statutes, is amended to read:
  522         1012.23 School district personnel policies.—
  523         (2) Neither the district school superintendent nor a
  524  district school board member may appoint or not employ or
  525  appoint a relative, as defined in s. 112.3135, to work under the
  526  direct supervision of that district school board member or
  527  district school superintendent. The limitations of this
  528  subsection do not apply to employees appointed or employed
  529  before the election or appointment of a school board member or
  530  district school superintendent. The Commission on Ethics shall
  531  accept and investigate any alleged violations of this section
  532  pursuant to the procedures contained in ss. 112.322-112.3241.
  533         Section 20. This act shall take effect July 1, 2018.