(1) If at any time the portion of the general fund’s ending fund balance not classified as restricted, committed, or nonspendable in the district’s approved operating budget is projected to fall below 3 percent of projected general fund revenues during the current fiscal year, the superintendent shall provide written notification to the district school board and the Commissioner of Education. If such financial condition exists for 2 consecutive fiscal years, the superintendent shall reduce the district’s administration expenditures reported pursuant to s. 1010.215(4)(a) in proportion to the reduction in the general fund’s ending balance or the reduction in student enrollment, whichever is greater.
(2)(a) If at any time the portion of the general fund’s ending fund balance not classified as restricted, committed, or nonspendable in the district’s approved operating budget is projected to fall below 2 percent of projected general fund revenues during the current fiscal year, the superintendent shall provide written notification to the district school board and the Commissioner of Education. Within 14 days after receiving such notification, if the commissioner determines that the district does not have a plan that is reasonably anticipated to avoid a financial emergency as determined pursuant to s. 218.503, the commissioner shall appoint a financial emergency board that shall operate under the requirements, powers, and duties specified in s. 218.503(3)(g).
(b) If any of the conditions identified in s. 218.503(1) existed in the 2015-2016 school year or thereafter, the department shall contract with an independent third party to conduct an investigation of all accounts and records to determine the cause of the deficit; what efforts, if any, were made to avoid the deficit; and whether any of the conditions identified in s. 1011.10 have occurred. The investigation must include a detailed review and analysis of documents and records, including, but not limited to, budget reports, journal entries, budget methodologies, staff emails, hard copy records, monthly financial statements, quarterly revenue and expenditure reports, finance staff job descriptions, and minutes from meetings. The results of the investigation must include recommendations for corrective action and controls to avoid a reoccurrence of a future budget shortfall. A final report shall be provided to the district school board, the department, the Legislative Auditing Committee, and the district’s financial emergency board, if applicable.
History.—s. 11, ch. 2009-3; s. 24, ch. 2011-144; s. 13, ch. 2018-5.
Structure Florida Statutes
Title XLVIII - Early Learning-20 Education Code
Chapter 1011 - Planning and Budgeting
Part I - Preparation, Adoption, and Implementation of Budgets (Ss. 1011.01-1011.57)
Subpart A - District School Boards:Preparation, Adoption, andImplementation of Budgets
1011.02 - District school boards to adopt tentative budget.
1011.03 - Public hearings; budget to be submitted to Department of Education.
1011.035 - School district fiscal transparency.
1011.05 - Implementation of the official budget.
1011.051 - Guidelines for general funds.
1011.08 - Expenditures between July 1 and date budget becomes official.
1011.09 - Expenditure of funds by district school board.
1011.11 - Certain provisions to be directory.
1011.12 - Purposes of and procedures in incurring school indebtedness.
1011.13 - Current loans authorized under certain conditions.
1011.14 - Obligations for a period of 1 year.
1011.15 - Obligations to eliminate major emergency conditions.
1011.16 - Provisions for retirement of existing indebtedness which is unfunded or in default.
1011.17 - School funds to be paid to Chief Financial Officer or into depository.
1011.18 - School depositories; payments into and withdrawals from depositories.
1011.19 - Sources of district school fund.
1011.20 - Apportionment and use of district school fund.
1011.21 - Source and use of district interest and sinking fund.
1011.22 - Interest and sinking funds may be invested in certain bonds, warrants, and notes.
1011.23 - Disposition of balance in interest and sinking fund.