Florida Senate - 2018 CS for CS for SB 1804
By the Committees on Appropriations; and Education; and Senator
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 to be
9 notified if an officer or employee of the body owes a
10 certain fine; requiring the governing body of a
11 district school board to take specified actions under
12 such circumstances; amending s. 1001.20, F.S.;
13 requiring the Office of Inspector General of the
14 Department of Education to investigate certain
15 allegations and reports made by specified individuals;
16 amending s. 1001.39, F.S.; requiring certain district
17 school board member travel outside of the school
18 district to be preapproved and meet certain criteria;
19 providing requirements for a school board member’s
20 request for travel outside of the state; providing an
21 opportunity for the public to speak on such travel;
22 amending s. 1001.395, F.S.; providing that certain
23 requirements for the salaries of district school board
24 members apply every fiscal year, rather than one
25 specific fiscal year; amending s. 1001.42, F.S.;
26 providing that the standards of ethical conduct apply
27 to administrative personnel and school officers;
28 authorizing district school board members to request
29 and receive specified budget information; requiring
30 employment of internal auditors in certain school
31 districts; revising provisions relating to the scope
32 of such internal auditors; amending s. 1010.20, F.S.;
33 requiring each school district to report certain
34 expenditures to the Department of Education; providing
35 department responsibilities; amending s. 1010.30,
36 F.S.; requiring certain entities to conduct an audit
37 overview under certain circumstances; providing the
38 contents of the overview; amending ss. 1011.01 and
39 1011.03, F.S.; conforming provisions and cross
40 references to changes made by the act; amending s.
41 1011.035, F.S.; requiring each district school board
42 to post on its website certain graphical
43 representations and a link to a certain web-based tool
44 on the department’s website; providing requirements
45 for such graphical representations; amending s.
46 1011.051, F.S.; requiring a district school board to
47 limit certain expenditures by a specified amount if
48 certain financial conditions exist for a specified
49 period of time; requiring the department to contract
50 with a third party to conduct an investigation under
51 certain circumstances; providing requirements for such
52 investigation; requiring the results of such
53 investigation to include certain information and be
54 provided to certain entities; amending s. 1011.06,
55 F.S.; requiring each district school board to approve
56 certain expenditures by amending its budget and
57 provide a public explanation for such budget
58 amendments; amending s. 1011.09, F.S.; providing
59 certain expenditure limitations for a school district
60 that meets specified criteria; amending s. 1011.10,
61 F.S.; requiring certain school districts to withhold
62 certain district school board member and district
63 school superintendent salaries until certain
64 conditions are met; amending s. 1011.60, F.S.;
65 conforming cross-references; repealing s. 1011.64,
66 F.S., relating to school district minimum classroom
67 expenditure requirements; amending s. 1012.23, F.S.;
68 prohibiting a district school superintendent and
69 district school board from appointing or employing
70 certain individuals in certain positions; providing an
71 exception; requiring the Commission on Ethics to
72 investigate alleged violations; amending s. 1002.395,
73 F.S.; conforming a cross-reference; providing an
74 appropriation; providing an effective date.
76 Be It Enacted by the Legislature of the State of Florida:
78 Section 1. Present paragraph (k) of subsection (2) of
79 section 11.45, Florida Statutes, is redesignated as paragraph
80 (l), and a new paragraph (k) is added to that subsection, to
82 11.45 Definitions; duties; authorities; reports; rules.—
83 (2) DUTIES.—The Auditor General shall:
84 (k) Contact each district school board, as defined in s.
85 1003.01(1), with the findings and recommendations contained
86 within the Auditor General’s previous operational audit report.
87 The district school board shall provide the Auditor General with
88 evidence of the initiation of corrective action within 45 days
89 after the date it is requested by the Auditor General and
90 evidence of completion of corrective action within 180 days
91 after the date it is requested by the Auditor General. If the
92 district school board fails to comply with the Auditor General’s
93 request or is unable to take corrective action within the
94 required timeframe, the Auditor General shall notify the
95 Legislative Auditing Committee.
97 The Auditor General shall perform his or her duties
98 independently but under the general policies established by the
99 Legislative Auditing Committee. This subsection does not limit
100 the Auditor General’s discretionary authority to conduct other
101 audits or engagements of governmental entities as authorized in
102 subsection (3).
103 Section 2. Subsection (14) of section 112.313, Florida
104 Statutes, is amended to read:
105 112.313 Standards of conduct for public officers, employees
106 of agencies, and local government attorneys.—
107 (14) LOBBYING BY FORMER LOCAL OFFICERS; PROHIBITION.—A
108 person who has been elected to any county, municipal, special
109 district, or school district office or appointed superintendent
110 of a school district may not personally represent another person
111 or entity for compensation before the government body or agency
112 of which the person was an officer for a period of 2 years after
113 vacating that office. For purposes of this subsection:
114 (a) The “government body or agency” of a member of a board
115 of county commissioners consists of the commission, the chief
116 administrative officer or employee of the county, and their
117 immediate support staff.
118 (b) The “government body or agency” of any other county
119 elected officer is the office or department headed by that
120 officer, including all subordinate employees.
121 (c) The “government body or agency” of an elected municipal
122 officer consists of the governing body of the municipality, the
123 chief administrative officer or employee of the municipality,
124 and their immediate support staff.
125 (d) The “government body or agency” of an elected special
126 district officer is the special district.
127 (e) The “government body or agency” of an elected school
128 district officer is the school district.
129 Section 3. Subsection (1) of section 112.31455, Florida
130 Statutes, is amended to read:
131 112.31455 Collection methods for unpaid automatic fines for
132 failure to timely file disclosure of financial interests.—
133 (1) Before referring any unpaid fine accrued pursuant to s.
134 112.3144(5) or s. 112.3145(7) to the Department of Financial
135 Services, the commission shall attempt to determine whether the
136 individual owing such a fine is a current public officer or
137 current public employee. If so, the commission may notify the
138 Chief Financial Officer or the governing body of the appropriate
139 county, municipality, district school board, or special district
140 of the total amount of any fine owed to the commission by such
142 (a) After receipt and verification of the notice from the
143 commission, the Chief Financial Officer or the governing body of
144 the county, municipality, district school board, or special
145 district shall begin withholding the lesser of 10 percent or the
146 maximum amount allowed under federal law from any salary-related
147 payment. The withheld payments shall be remitted to the
148 commission until the fine is satisfied.
149 (b) The Chief Financial Officer or the governing body of
150 the county, municipality, district school board, or special
151 district may retain an amount of each withheld payment, as
152 provided in s. 77.0305, to cover the administrative costs
153 incurred under this section.
154 Section 4. Paragraph (e) of subsection (4) of section
155 1001.20, Florida Statutes, is amended to read:
156 1001.20 Department under direction of state board.—
157 (4) The Department of Education shall establish the
158 following offices within the Office of the Commissioner of
159 Education which shall coordinate their activities with all other
160 divisions and offices:
161 (e) Office of Inspector General.—Organized using existing
162 resources and funds and responsible for promoting
163 accountability, efficiency, and effectiveness and detecting
164 fraud and abuse within school districts, the Florida School for
165 the Deaf and the Blind, and Florida College System institutions
166 in Florida. If the Commissioner of Education determines that a
167 district school board, the Board of Trustees for the Florida
168 School for the Deaf and the Blind, or a Florida College System
169 institution board of trustees is unwilling or unable to address
170 substantiated allegations made by any person relating to waste,
171 fraud, or financial mismanagement within the school district,
172 the Florida School for the Deaf and the Blind, or the Florida
173 College System institution, the office shall conduct,
174 coordinate, or request investigations into such substantiated
175 allegations. The office shall investigate allegations or reports
176 of possible fraud or abuse against a district school board made
177 by any member of the Cabinet; the presiding officer of either
178 house of the Legislature; a chair of a substantive or
179 appropriations committee with jurisdiction; or a member of the
180 board for which an investigation is sought. The office shall
181 have access to all information and personnel necessary to
182 perform its duties and shall have all of its current powers,
183 duties, and responsibilities authorized in s. 20.055.
184 Section 5. Subsection (1) of section 1001.39, Florida
185 Statutes, is amended to read:
186 1001.39 District school board members; travel expenses.—
187 (1) In addition to the salary provided in s. 1001.395, each
188 member of a district school board shall be allowed, from the
189 district school fund, reimbursement of travel expenses as
190 authorized in s. 112.061,
except as provided that in subsection
191 (2). any travel outside the district which exceeds $500 requires
192 prior approval by the district school board to confirm that such
193 travel is for official business of the school district and
194 complies with shall also be governed by the rules of the State
195 Board of Education. Any request for travel outside the state
196 must include an itemized list detailing all anticipated travel
197 expenses, including, but not limited to, the anticipated costs
198 of all means of travel, lodging, and subsistence. Immediately
199 preceding a request, the public must have an opportunity to
200 speak on the specific travel agenda item.
201 Section 6. Subsection (3) of section 1001.395, Florida
202 Statutes, is amended to read:
203 1001.395 District school board members; compensation.—
204 (3) Notwithstanding the provisions of this section and s.
205 145.19, for the 2010-2011 fiscal year, the salary of each
206 district school board member shall be the amount calculated
207 pursuant to subsection (1) or the district’s beginning salary
208 for teachers who hold baccalaureate degrees, whichever is less.
209 Section 7. Subsections (6) and (7), paragraphs (b) and (l)
210 of subsection (12), and paragraph (b) of subsection (17) of
211 section 1001.42, Florida Statutes, are amended to read:
212 1001.42 Powers and duties of district school board.—The
213 district school board, acting as a board, shall exercise all
214 powers and perform all duties listed below:
215 (6) STANDARDS OF ETHICAL CONDUCT FOR INSTRUCTIONAL
216 PERSONNEL, ADMINISTRATIVE PERSONNEL, AND SCHOOL OFFICERS
217 ADMINISTRATORS.—Adopt policies establishing standards of ethical
218 conduct for instructional personnel, administrative personnel,
219 and school officers administrators. The policies must require
220 all instructional personnel, administrative personnel, and
221 school officers administrators, as defined in s. 1012.01, to
222 complete training on the standards; establish the duty of
223 instructional personnel, administrative personnel, and school
224 officers administrators to report, and procedures for reporting,
225 alleged misconduct by other instructional or administrative
226 personnel and school officers administrators which affects the
227 health, safety, or welfare of a student; and include an
228 explanation of the liability protections provided under ss.
229 39.203 and 768.095. A district school board, or any of its
230 employees, may not enter into a confidentiality agreement
231 regarding terminated or dismissed instructional or
232 administrative personnel or school officers administrators, or
233 personnel or administrators who resign in lieu of termination,
234 based in whole or in part on misconduct that affects the health,
235 safety, or welfare of a student, and may not provide
236 instructional personnel, administrative personnel, or school
237 officers administrators with employment references or discuss
238 the personnel’s or officers’ administrators’ performance with
239 prospective employers in another educational setting, without
240 disclosing the personnel’s or officers’ administrators’
241 misconduct. Any part of an agreement or contract that has the
242 purpose or effect of concealing misconduct by instructional
243 personnel, administrative personnel, or school officers
244 administrators which affects the health, safety, or welfare of a
245 student is void, is contrary to public policy, and may not be
247 (7) DISQUALIFICATION FROM EMPLOYMENT.—Disqualify
248 instructional personnel and administrative personnel school
249 administrators, as defined in s. 1012.01, from employment in any
250 position that requires direct contact with students if the
251 personnel or administrators are ineligible for such employment
252 under s. 1012.315. An elected or appointed school board official
253 forfeits his or her salary for 1 year if:
254 (a) The school board official knowingly signs and transmits
255 to any state official a report of alleged misconduct by
256 instructional personnel or administrative personnel school
257 administrators which affects the health, safety, or welfare of a
258 student and the school board official knows the report to be
259 false or incorrect; or
260 (b) The school board official knowingly fails to adopt
261 policies that require instructional personnel and administrative
262 personnel school administrators to report alleged misconduct by
263 other instructional personnel and administrative personnel
264 school administrators, or that require the investigation of all
265 reports of alleged misconduct by instructional personnel and
266 administrative personnel school administrators, if the
267 misconduct affects the health, safety, or welfare of a student.
268 (12) FINANCE.—Take steps to assure students adequate
269 educational facilities through the financial procedure
270 authorized in chapters 1010 and 1011 and as prescribed below:
271 (b) Annual budget.—
272 1. Cause to be prepared, adopt, and have submitted to the
273 Department of Education as required by law and rules of the
274 State Board of Education, the annual school budget, such budget
275 to be so prepared and executed as to promote the improvement of
276 the district school system.
277 2. An individual school board member may request and shall
278 receive any proposed, tentative, and official budget documents,
279 including all supporting and background information.
280 (l) Internal auditor.—May or, in the case of a school
281 district receiving annual federal, state, and local funds in
282 excess of $500 million, shall employ an internal auditor. The
283 scope of the internal auditor shall not be restricted and shall
284 include every functional and program area of the school system.
285 1. The internal auditor shall to perform ongoing financial
286 verification of the financial records of the school district, a
287 comprehensive risk assessment of all areas of the school system
288 every 5 years, and other audits and reviews as the district
289 school board directs for determining:
290 a. The adequacy of internal controls designed to prevent
291 and detect fraud, waste, and abuse.
292 b. Compliance with applicable laws, rules, contracts, grant
293 agreements, district school board-approved policies, and best
295 c. The efficiency of operations.
296 d. The reliability of financial records and reports.
297 e. The safeguarding of assets.
298 f. Financial solvency.
299 g. Projected revenues and expenditures.
300 h. The rate of change in the general fund balance.
301 2. The internal auditor shall prepare audit reports of his
302 or her findings and report directly to the district school board
303 or its designee.
304 3. Any person responsible for furnishing or producing any
305 book, record, paper, document, data, or sufficient information
306 necessary to conduct a proper audit or examination which the
307 internal auditor is by law authorized to perform is subject to
308 the provisions of s. 11.47(3) and (4).
309 (17) PUBLIC INFORMATION AND PARENTAL INVOLVEMENT PROGRAM.—
310 (b) Adopt rules to strengthen family involvement and
311 empowerment pursuant to s. 1002.23. The rules shall be developed
312 in collaboration with administrative personnel school
313 administrators, parents, teachers, and community partners.
314 Section 8. Subsection (2) of section 1010.20, Florida
315 Statutes, is amended to read:
316 1010.20 Cost accounting and reporting for school
318 (2) COST REPORTING.—
319 (a) Each district shall report on a district-aggregate
320 basis expenditures for inservice training pursuant to s.
321 1011.62(3) and for categorical programs as provided in s.
323 (b) Each district shall report to the department on a
324 school-by-school and on an aggregate district basis expenditures
326 1. Each program funded in s. 1011.62(1)(c).
327 2. Total operating costs as reported pursuant to s.
329 3. Expenditures for classroom instruction pursuant to the
330 calculation in s. 1010.215(4)(b)1. and 2.
331 (c) The department shall:
332 1. Categorize all public schools and districts into
333 appropriate groups based primarily on average full-time
334 equivalent student enrollment as reported on the most recent
335 student membership survey under s. 1011.62 and in state board
336 rule to determine groups of peer schools and districts.
337 2. Annually calculate for each public school, district, and
338 for the entire state the percentage of classroom expenditures to
339 total operating costs expenditures reported in subparagraphs
340 (b)2. and 3. The results shall be categorized pursuant to this
342 3. Annually calculate for all public schools, districts,
343 and the state the average percentage of classroom expenditures
344 to total operating costs and expenditures reported in
345 subparagraphs (b)2. and 3. The results shall be categorized
346 pursuant to this paragraph.
347 4. Develop a web-based fiscal transparency tool that
348 identifies public schools and districts that produce high
349 academic achievement based on the ratio of classroom instruction
350 expenditures to total expenditures. The fiscal transparency tool
351 shall must combine the data calculated pursuant to this
352 paragraph with the student performance measurements calculated
353 pursuant to s. 1012.34(7) to determine the financial efficiency
354 of each public school and district. The results shall be
355 displayed in an easy-to-use format that enables the user to
356 compare performance among public schools and districts.
357 (d) (c) The Commissioner of Education shall present to the
358 Legislature, prior to the opening of the regular session each
359 year, a district-by-district report of the expenditures reported
360 pursuant to paragraphs (a) and (b). The report shall include
361 total expenditures, a detailed analysis showing expenditures for
362 each program, and such other data as may be useful for
363 management of the education system. The Commissioner of
364 Education shall also compute cost factors relative to the base
365 student allocation for each funded program in s. 1011.62(1)(c).
366 Section 9. Subsection (2) of section 1010.30, Florida
367 Statutes, is amended to read:
368 1010.30 Audits required.—
369 (2) If an audit contains a significant deficiency or
370 material weakness finding, the district school board, the
371 Florida College System institution board of trustees, or the
372 university board of trustees shall conduct an audit overview
373 during a public meeting. The audit overview shall describe the
374 corrective action to be taken and a timeline for completion of
375 such action.
376 Section 10. Paragraph (a) of subsection (3) of section
377 1011.01, Florida Statutes, is amended to read:
378 1011.01 Budget system established.—
379 (3)(a) Each district school board and each Florida College
380 System institution board of trustees shall prepare, adopt, and
381 submit to the Commissioner of Education an annual operating
382 budget. Operating budgets shall be prepared and submitted in
383 accordance with the provisions of law, rules of the State Board
384 of Education, the General Appropriations Act, and for district
385 school boards in accordance with the provisions of s. 200.065
386 ss. 200.065 and 1011.64.
387 Section 11. Subsection (2) of section 1011.03, Florida
388 Statutes, is amended to read:
389 1011.03 Public hearings; budget to be submitted to
390 Department of Education.—
391 (2) The advertisement of a district that has been required
392 by the Legislature to increase classroom expenditures pursuant
393 to s. 1011.64 must include the following statement:
394 “This proposed budget reflects an increase in classroom
395 expenditures as a percent of total current operating
396 expenditures of XX percent over the (previous fiscal year)
397 fiscal year. This increase in classroom expenditures is required
398 by the Legislature because the district has performed below the
399 required performance standard on XX of XX student performance
400 standards for the (previous school year) school year. In order
401 to achieve the legislatively required level of classroom
402 expenditures as a percentage of total operating expenditures,
403 the proposed budget includes an increase in overall classroom
404 expenditures of $XX,XXX,XXX above the amount spent for this same
405 purpose during the (previous fiscal year) fiscal year. In order
406 to achieve improved student academic performance, this proposed
407 increase is being budgeted for the following activities:
408 ...(list activities and amount budgeted)....”
409 Section 12. Section 1011.035, Florida Statutes, is amended
410 to read:
411 1011.035 School district fiscal budget transparency.—
412 (1) It is important for school districts to provide
413 budgetary transparency to enable taxpayers, parents, and
414 education advocates to obtain school district budget and related
415 information in a manner that is simply explained and easily
416 understandable. Budgetary transparency leads to more responsible
417 spending, more citizen involvement, and improved accountability.
418 A budget that is not transparent, accessible, and accurate
419 cannot be properly analyzed, its implementation thoroughly
420 monitored, or its outcomes evaluated.
421 (2) Each district school board shall post on its website a
422 plain language version of each proposed, tentative, and official
423 budget which describes each budget item in terms that are easily
424 understandable to the public and includes:
425 (a) Graphical representations, for each public school
426 within the district and for the school district, of the
428 1. Summary financial efficiency data.
429 2. Fiscal trend information for the previous 3 years on:
430 a. The ratio of full-time equivalent students to full-time
431 equivalent instructional personnel.
432 b. The ratio of full-time equivalent students to full-time
433 equivalent administrative personnel.
434 c. The total operating expenditures per full-time
435 equivalent student.
436 d. The total instructional expenditures per full-time
437 equivalent student.
438 e. The general administrative expenditures as a percentage
439 of total budget.
440 f. The rate of change in the general fund’s ending fund
441 balance not classified as restricted.
442 (b) A link to the web-based fiscal transparency tool
443 developed by the department pursuant to s. 1010.20 to enable
444 taxpayers to evaluate the financial efficiency of the school
445 district and compare the financial efficiency of the school
446 district with other similarly situated school districts.
448 This information must be prominently posted on the school
449 district’s website in a manner that is readily accessible to the
451 (3) Each district school board is encouraged to post the
452 following information on its website:
453 (a) Timely information as to when a budget hearing will be
455 (b) Each contract between the district school board and the
456 teachers’ union.
457 (c) Each contract between the district school board and
458 noninstructional staff.
459 (d) Each contract exceeding $35,000 between the school
460 board and a vendor of services, supplies, or programs or for the
461 purchase or lease of lands, facilities, or properties.
462 (e) Each contract exceeding $35,000 that is an emergency
463 procurement or is with a single source as authorized under s.
465 (f) Recommendations of the citizens’ budget advisory
467 (g) Current and archived video recordings of each district
468 school board meeting and workshop.
469 (4) The website should contain links to:
470 (a) Help explain or provide background information on
471 various budget items that are required by state or federal law.
472 (b) Allow users to navigate to related sites to view
473 supporting details.
474 (c) Enable taxpayers, parents, and education advocates to
475 send e-mails asking questions about the budget and enable others
476 to view the questions and responses.
477 Section 13. Section 1011.051, Florida Statutes, is amended
478 to read:
479 1011.051 Guidelines for general funds.—The district school
480 board shall maintain a general fund ending fund balance that is
481 sufficient to address normal contingencies.
482 (1) If at any time the portion of the general fund’s ending
483 fund balance not classified as restricted, committed, or
484 nonspendable in the district’s approved operating budget is
485 projected to fall below 3 percent of projected general fund
486 revenues during the current fiscal year, the superintendent
487 shall provide written notification to the district school board
488 and the Commissioner of Education. If such financial condition
489 exists for 2 consecutive fiscal years, the superintendent shall
490 reduce the district’s administrative expenditures reported
491 pursuant to s. 1010.215(4)(a) in proportion to the reduction in
492 the general fund’s ending balance or the reduction in student
493 enrollment, whichever is greater.
494 (2)(a) If at any time the portion of the general fund’s
495 ending fund balance not classified as restricted, committed, or
496 nonspendable in the district’s approved operating budget is
497 projected to fall below 2 percent of projected general fund
498 revenues during the current fiscal year, the superintendent
499 shall provide written notification to the district school board
500 and the Commissioner of Education. Within 14 days after
501 receiving such notification, if the commissioner determines that
502 the district does not have a plan that is reasonably anticipated
503 to avoid a financial emergency as determined pursuant to s.
504 218.503, the commissioner shall appoint a financial emergency
505 board that shall operate under the requirements, powers, and
506 duties specified in s. 218.503(3)(g).
507 (b) If any of the conditions identified in s. 218.503(1)
508 existed in the 2015-2016 school year or thereafter, the
509 department shall contract with an independent third party to
510 conduct an investigation of all accounts and records to
511 determine the cause of the deficit, what efforts, if any, were
512 made to avoid the deficit, and whether any of the conditions
513 identified in s. 1011.10 have occurred. The investigation must
514 include a detailed review and analysis of documents and records,
515 including, but not limited to, budget reports, journal entries,
516 budget methodologies, staff e-mails, hard copy records, monthly
517 financial statements, quarterly revenue and expenditure reports,
518 finance staff job descriptions, and minutes from meetings. The
519 results of the investigation must include recommendations for
520 corrective action and controls to avoid a reoccurrence of a
521 future budget shortfall. A final report shall be provided to the
522 district school board, the department, the Legislative Auditing
523 Committee, and the district’s financial emergency board, if
525 Section 14. Subsection (2) of section 1011.06, Florida
526 Statutes, is amended to read:
527 1011.06 Expenditures.—
528 (2) EXPENDITURES FROM DISTRICT AND OTHER FUNDS.
529 Expenditures from district and all other funds available for the
530 public school program of any district shall be authorized by law
531 and must be in accordance with procedures prescribed by the
532 district school board. A district school board may establish
533 policies that allow expenditures to exceed the amount budgeted
534 by function and object, provided that the district school board
535 complies with s. 1011.09(4) and approves the expenditure by
536 amending and amends the budget at the next scheduled public
537 meeting. The district school board must provide a full
538 explanation of any amendments at the public meeting within
539 timelines established by school board policies.
540 Section 15. Subsection (4) of section 1011.09, Florida
541 Statutes, is amended to read:
542 1011.09 Expenditure of funds by district school board.—All
543 state funds apportioned to the credit of any district constitute
544 a part of the district school fund of that district and must be
545 budgeted and expended under authority of the district school
546 board subject to the provisions of law and rules of the State
547 Board of Education.
548 (4) If the financial conditions in s. 1011.051 exist, a
549 district school board During the 2009-2010 fiscal year, unless
550 otherwise specifically approved by the district school board,
551 public funds may not make expenditures be expended for out-of
552 state travel outside of the district or cellular phones,
553 cellular phone service, personal digital assistants, or any
554 other mobile wireless communication device or service, including
555 text messaging, whether through purchasing, leasing,
556 contracting, or any other method, while the financial conditions
557 exist. The expenditure of public funds for art programs, music
558 programs, sports programs, and extracurricular programs for
559 students is a higher priority than expending funds for employee
560 travel and cellular phones.
561 Section 16. Subsection (3) is added to section 1011.10,
562 Florida Statutes, to read:
563 1011.10 Penalty.—
564 (3) If any of the conditions identified in s. 218.503(1)
565 exist within a school district, the salary of each district
566 school board member and district superintendent, calculated
567 pursuant to ss. 1001.395 and 1001.47, shall be withheld until
568 the conditions are corrected. This subsection does not apply to
569 a district school board member or district superintendent
570 elected or appointed within 1 year after the identification of
571 the conditions in s. 218.503(1) if he or she did not participate
572 in the approval or preparation of the final school district
573 budget adopted before the identification of such conditions.
574 Section 17. Subsection (8) of section 1011.60, Florida
575 Statutes, is amended to read:
576 1011.60 Minimum requirements of the Florida Education
577 Finance Program.—Each district which participates in the state
578 appropriations for the Florida Education Finance Program shall
579 provide evidence of its effort to maintain an adequate school
580 program throughout the district and shall meet at least the
581 following requirements:
582 (8) MINIMUM CLASSROOM EXPENDITURE REQUIREMENTS.—Comply with
583 the minimum classroom expenditure requirements and associated
584 reporting pursuant to s. 1011.64.
585 Section 18. Section 1011.64, Florida Statutes, is repealed.
586 Section 19. Subsection (2) of section 1012.23, Florida
587 Statutes, is amended to read:
588 1012.23 School district personnel policies.—
589 (2) The district school superintendent or a district school
590 board member may not appoint or employ or appoint a relative, as
591 defined in s. 112.3135, to work under the direct supervision of
592 that district school board member or district school
593 superintendent. The limitations of this subsection do not apply
594 to employees appointed or employed before the election or
595 appointment of a school board member or district school
596 superintendent. The Commission on Ethics shall accept and
597 investigate any alleged violations of this section pursuant to
598 the procedures contained in ss. 112.322-112.3241.
599 Section 20. Paragraph (d) of subsection (9) of section
600 1002.395, Florida Statutes, is amended to read:
601 1002.395 Florida Tax Credit Scholarship Program.—
602 (9) DEPARTMENT OF EDUCATION OBLIGATIONS.—The Department of
603 Education shall:
604 (d) Annually verify the eligibility of expenditures as
605 provided in paragraph (6)(d) using the audit required by
606 paragraph (6)(m) and s. 11.45(2)(l) s. 11.45(2)(k).
607 Section 21. For the 2018-2019 fiscal year, the sum of
608 $850,000 in nonrecurring funds from the General Revenue Fund is
609 appropriated to the Department of Education to implement the
610 provisions of this act.
611 Section 22. This act shall take effect July 1, 2018.