School Board Must Maintain Its Full Budgetary Flexibility Despite Lease Penalties Imposed Due to Failure to Appropriate Funds

In State v. School Board of Sarasota County, 561 So. 2d 549, 553 (Fla. 1990), the court noted that the school board's failure to appropriate funds would result in "lease penalties," but that even with such penalties, the board maintained its "full budgetary flexibility." See 561 So. 2d at 552-53. As set forth in our opinion in that case, the lease penalties included either purchasing the constructed facilities or surrendering possession of the facilities and the land upon which those facilities stood for the remainder of the lease term. See id. at 551. The court emphasized, however, that the school board was "free to substitute other facilities for those surrendered." See id. Clearly, the presence of a nonsubstitution clause here distinguishes this case from our decision in School Board of Sarasota County, insofar as "full budgetary flexibility" is concerned.