Bill Text: FL S1804 | 2018 | Regular Session | Comm Sub
Bill Title: School District Accountability
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2018-03-02 - Laid on Table, refer to CS/CS/CS/HB 1279 [S1804 Detail]
Download: Florida-2018-S1804-Comm_Sub.html
Florida Senate - 2018 CS for CS for SB 1804 By the Committees on Appropriations; and Education; and Senator Stargel 576-03837-18 20181804c2 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. 75 76 Be It Enacted by the Legislature of the State of Florida: 77 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 81 read: 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. 96 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 141 individual. 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 asprovided thatin subsection191(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 withshall also be governed by therules 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 217ADMINISTRATORS.—Adopt policies establishing standards of ethical 218 conduct for instructional personnel, administrative personnel, 219 and school officersadministrators. The policies must require 220 all instructional personnel, administrative personnel, and 221 school officersadministrators, 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 officersadministratorsto report, and procedures for reporting, 225 alleged misconduct by other instructional or administrative 226 personnel and school officersadministratorswhich 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 officersadministrators, or233personnel or administratorswho 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 officersadministratorswith 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 244administratorswhich affects the health, safety, or welfare of a 245 student is void, is contrary to public policy, and may not be 246 enforced. 247 (7) DISQUALIFICATION FROM EMPLOYMENT.—Disqualify 248 instructional personnel and administrative personnelschool249administrators, as defined in s. 1012.01, from employment in any 250 position that requires direct contact with students if the 251 personnelor administratorsare 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 personnelschool257administratorswhich 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 personnelschool administratorsto report alleged misconduct by 263 other instructional personnel and administrative personnel 264school administrators, or that require the investigation of all 265 reports of alleged misconduct by instructional personnel and 266 administrative personnelschool 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 shalltoperform 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 294 practices. 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 personnelschool313administrators, 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 317 districts.— 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. 322 1011.62(6). 323 (b) Each district shall report to the department on a 324 school-by-school and on an aggregate district basis expenditures 325 for: 326 1. Each program funded in s. 1011.62(1)(c). 327 2. Total operating costs as reported pursuant to s. 328 1010.215. 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 341 paragraph. 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 weaknessfinding, 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 386ss. 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 required392by the Legislature to increase classroom expenditures pursuant393to s. 1011.64 must include the following statement:394“This proposed budget reflects an increase in classroom395expenditures as a percent of total current operating396expenditures of XX percent over the (previous fiscal year)397fiscal year. This increase in classroom expenditures is required398by the Legislature because the district has performed below the399required performance standard on XX of XX student performance400standards for the (previous school year) school year. In order401to achieve the legislatively required level of classroom402expenditures as a percentage of total operating expenditures,403the proposed budget includes an increase in overall classroom404expenditures of $XX,XXX,XXX above the amount spent for this same405purpose during the (previous fiscal year) fiscal year. In order406to achieve improved student academic performance, this proposed407increase 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 fiscalbudgettransparency.— 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 427 following: 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. 447 448 This information must be prominently posted on the school 449 district’s website in a manner that is readily accessible to the 450 public. 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 454 conducted. 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. 464 287.057(3). 465 (f) Recommendations of the citizens’ budget advisory 466 committee. 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 524 applicable. 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 amendingand amendsthe budget at the next scheduled public 537 meeting. The district school board must provide a full 538 explanation of any amendments at the public meetingwithin539timelines 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 boardDuring the 2009-2010 fiscal year, unless550otherwise specifically approved by the district school board,551public fundsmay not make expendituresbe expendedforout-of552statetravel 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 with583the minimum classroom expenditure requirements and associated584reporting 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 employor appointa 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.