by Mike Sharkey
Staff Writer
Seventeen years ago, Jim King was elected to the Florida Legislature to represent Northeast Florida. Since practically day one, he has been on a mission to tackle a 25 year-old gorilla known as the Florida Education Financing Program. Through the FEFP’s complicated formula, the state’s money for education is dispersed. During those 25 years, a vast majority of the money was annually going to big counties in South Florida and, being a local, that didn’t sit well with King.
Every year King and the rest of the Duval Delegation would talk about taking on the FEFP and, specifically, its District Cost Differential formula used to dole out money for education. Simplified, counties in South Florida got more money per student every year because the cost of living is so much higher in south Florida than north Florida.
Like others, King felt it was unfair to penalize the Duval County school system because a cup of coffee costs more in West Palm Beach than it does in Neptune Beach. But there wasn’t much he or the Duval Delegation could do.
“All the delegation said it was unfair and not the way to fund school districts,” said King. “Each year, we tried to make a change, but we didn’t have the legislative muscle or the votes and it was always defeated.”
When King was elected president of the Florida Senate in 2003, he knew it was time to make a serious push to have the formula first evaluated and then changed.
After a great deal of lobbying and exerting what presidential influence he could, King managed to get the formula changed during the 2003-04 Legislative session and officially incorporated into the State’s budget. The result was $9-10 million more a year for Duval County schools and less of an annual increase for schools in counties like Miami-Dade, Broward, Monroe and Volusia.
Naturally, those counties sued, claiming the budget changes were both unconstitutional and unfair. The case went to trial in Tallahassee and last week the judge ruled in favor of Duval County.
“It was a great victory, but it’s not the end of the road,” said King. “We have not popped any champagne corks and I expect those counties to appeal the decision.”
One person who thinks the South Florida counties won’t appeal is W. C. Gentry, the lead attorney representing Duval County. Gentry believes that the other side presented everything they had and still lost. With little to no more evidence to present, Gentry isn’t convinced they will appeal the judge’s decision to throw out the case. Still, the trial wasn’t easy for Gentry, who took it on a pro bono basis.
“The judge let them do whatever they wanted and we had no complaints. I am sure they spent $1 million in legal fees,” said Gentry. “It turned into World War III. I volunteered to to take the case pro bono because I have been involved in education for years. This funding formula has been a pet peeve of mine. When (the budget passed), we were so proud of Jim because this is important for Northeast Florida.”
Gentry said the dismissal is also important from a legal standpoint. Had South Florida been successful in having the formula reverted back to the old system, it may have created an avenue for every county that disapproved of any piece of legislation to sue to have that legislation blocked.
“It would have opened a Pandora’s Box if the type of suit they were bringing was permitted,” said Gentry. “Under their argument, the Legislature could pass a law, then someone could asking a judge to look at it, then the judge may throw (the legislation) out. It would be chaos.”
King explained that getting the formula changed doesn’t mean any county is getting less money than before. It simply means that some counties may not get the same percentage increase as in years past. He also said getting the formula changed didn’t just involve lobbying. As president of the Senate, he vowed to take on the DCD formula not with emotion, but facts. He asked permission to have an independent study of the formula done.
“I said if I’m wrong, I’ll step back and not say anything about the DCD again,” said King. “We gave a group from the University of Florida all the information. They came back and said the formula was unfair and several things need to be done to make it more fair. I guess Jupiter aligned with Mars and when we found out we were right, we had the impetus for the change.”
King said he expects the issue to arise again in March when the entire Legislature convenes again. Marco Rubio, a representative from Miami and a friend of King’s, is set to take over as Speaker of the House.
“It’s a budget issue, but it has deep ramifications. I’m sure it will come up in the next session,” said King. “Marco and I have a good relationship and I admire him greatly. But I am sure they will try to make changes. I hope that whatever happens, everyone understands that it is more fair now than what went on for 25 years.”