Florida Senate - 2009 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS/CS/SB 1676, 1st Eng.
Barcode 654660
LEGISLATIVE ACTION
Senate . House
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Floor: AD/CR .
05/08/2009 01:05 PM .
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The Conference Committee on CS/CS/SB 1676, 1st Eng. recommended
the following:
1 Senate Conference Committee Amendment (with title
2 amendment)
3
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. Part IX of chapter 159, Florida Statutes,
7 consisting of sections 159.841, 159.842, 159.843, 159.844, and
8 159.845, is created to read:
9 PART IX
10 QUALIFIED SCHOOL CONSTRUCTION BONDS
11 159.841 Short title.—This part may be cited as the “Florida
12 Qualified School Construction Bond Allocation Act.”
13 159.842 Purpose.—The purpose of this part is to allocate
14 the state volume limitation imposed by s. 54F(d) of the code on
15 qualified school construction bonds to finance qualified school
16 construction facilities. Any bond issued which uses a portion of
17 the limitation imposed by s. 54F(d)(1)of the code, or uses a
18 portion of the limitation reallocated to the state pursuant to
19 s.54F(d)(2)(D) of the code, may not be issued in this state
20 unless a written confirmation therefor is issued pursuant to
21 this part.
22 159.843 Definitions.—As used in this part, the term:
23 (1) “Board” means the State Board of Education, created
24 pursuant to s. 2, Art. IX of the State Constitution.
25 (2) “Code” means the Internal Revenue Code of 1986, as
26 amended, and the regulations and rulings issued thereunder.
27 (3) “Commissioner” means the Commissioner of Education.
28 (4) “Department” means the Department of Education, created
29 pursuant to s. 20.15.
30 (5) “Issued” has the same meaning as in the code.
31 (6) “Qualified school construction bond” means a bond
32 described in s. 54F(a) of the code.
33 (7) “Qualified school construction facility” means a
34 facility permitted to be financed with qualified school
35 construction bonds pursuant to s.54F(a) of the code.
36 159.844 Allocation of state volume limitation.—
37 (1) The board shall establish a program for allocating the
38 state volume limitation imposed by s. 54F(d)(1) of the code, or
39 reallocated to the state pursuant to s. 54F(d)(2)(D) of the
40 code, on qualified school construction bonds to finance
41 qualified school construction facilities. The Department of
42 Education shall administer the program for allocation of the
43 state volume limitation pursuant to an application and issuance
44 reporting process. Such program must include objective criteria
45 to be considered in determining whether to grant a request for
46 the volume limitation, including, but not limited to, the need
47 for a qualified school construction facility in the area
48 proposed in the application, the number of students to be served
49 by such facility, and the cost-effectiveness of the proposed
50 facility.
51 (2) The department shall annually determine the amount of
52 qualified school construction bonds permitted to be issued in
53 this state under s. 54F(d)(1) of the code and shall make such
54 information available upon request to any person or agency.
55 (3) The department shall ensure that any volume limitation
56 that is unused at the end of each calendar year is carried
57 forward pursuant to s. 54F(e) of the code.
58 (4) The commissioner shall sign any certificate required by
59 the code which relates to the allocation of the state volume
60 limitation on qualified school construction bonds to finance
61 qualified school construction facilities.
62 159.845 Rules.—The board and the department shall adopt any
63 rules necessary to ensure the orderly implementation of this
64 part.
65 Section 2. Paragraph (a) of subsection (4) of section
66 1001.20, Florida Statutes, is amended to read:
67 1001.20 Department under direction of state board.—
68 (4) The Department of Education shall establish the
69 following offices within the Office of the Commissioner of
70 Education which shall coordinate their activities with all other
71 divisions and offices:
72 (a) Office of Technology and Information Services.
73 Responsible for developing a systemwide technology plan, making
74 budget recommendations to the commissioner, providing data
75 collection and management for the system, assisting school
76 districts in securing Internet access and telecommunications
77 services, including those eligible for funding under the Schools
78 and Libraries Program of the federal Universal Service Fund, and
79 coordinating services with other state, local, and private
80 agencies. The office shall develop a method to address the need
81 for a statewide approach to planning and operations of library
82 and information services to achieve a single K-20 education
83 system library information portal and a unified higher education
84 library management system. The Florida Virtual School shall be
85 administratively housed within the office.
86 Section 3. Section 1001.271, Florida Statutes, is created
87 to read:
88 1001.271 Florida Information Resource Network.—Upon
89 requisition by school districts, community colleges,
90 universities, or other eligible users of the Florida Information
91 Resource Network, the Commissioner of Education shall purchase
92 the nondiscounted portion of Internet access services,
93 including, but not limited to, circuits, encryption, content
94 filtering, support, and any other services needed for the
95 effective and efficient operation of the network. For the 2009
96 2010 fiscal year, each school district, the Florida School for
97 the Deaf and the Blind, and the Regional Education Consortia
98 eligible for the e-rate must submit a requisition to the
99 Commissioner of Education for at least the same level of
100 Internet access services used through the Florida Information
101 Resource Network contract in the 2008-2009 fiscal year. Each
102 user shall identify in its requisition the source of funds from
103 which the commissioner is to make payments.
104 Section 4. Subsection (2) of section 1001.28, Florida
105 Statutes, is amended to read:
106 1001.28 Distance learning duties.—The duties of the
107 Department of Education concerning distance learning include,
108 but are not limited to, the duty to:
109 (2) Coordinate the use of existing resources, including,
110 but not limited to, the state’s satellite transponders on the
111 education satellites, the SUNCOM Network, the Florida
112 Information Resource Network (FIRN), the Florida Knowledge
113 Network, the Department of Management Services, the Department
114 of Corrections, and the Department of Children and Family
115 Services’ satellite communication facilities to support a
116 statewide advanced telecommunications services and distance
117 learning initiatives network.
118
119 Nothing in this section shall be construed to abrogate,
120 supersede, alter, or amend the powers and duties of any state
121 agency, district school board, community college board of
122 trustees, university board of trustees, the Board of Governors,
123 or the State Board of Education.
124 Section 5. Subsection (3) is added to section 1001.395,
125 Florida Statutes, as amended by section 1 of chapter 2009-3,
126 Laws of Florida, to read:
127 1001.395 District school board members; compensation.—
128 (3) Notwithstanding the provisions of this section and s.
129 145.19, for the 2009-2010 fiscal year, the salary of each
130 district school board member shall be the amount calculated
131 pursuant to subsection (1) or the district’s beginning salary
132 for teachers who hold baccalaureate degrees, whichever is less.
133 Section 6. Paragraph (a) of subsection (12) and subsection
134 (25) of section 1001.42, Florida Statutes, as created by section
135 2 of chapter 2009-3, Laws of Florida, are amended to read:
136 1001.42 Powers and duties of district school board.—The
137 district school board, acting as a board, shall exercise all
138 powers and perform all duties listed below:
139 (12) FINANCE.—Take steps to assure students adequate
140 educational facilities through the financial procedure
141 authorized in chapters 1010 and 1011 and as prescribed below:
142 (a) Provide for all schools to operate at least 180 days.
143 Provide for the operation of all public schools, both elementary
144 and secondary, as free schools for a term of at least 180 days
145 or the equivalent on an hourly basis as specified by rules of
146 the State Board of Education; determine district school funds
147 necessary in addition to state funds to operate all schools for
148 such minimum term; and arrange for the levying of district
149 school taxes necessary to provide the amount needed from
150 district sources.
151 (25) EMPLOYMENT CONTRACTS.—On or after February 1, 2009, A
152 district school board may not enter into an employment contract
153 that is funded from state funds and that requires the district
154 to pay from state funds an employee an amount in excess of 1
155 year of the employee’s annual salary for termination, buy-out,
156 or any other type of contract settlement. This subsection does
157 not prohibit the payment of earned leave and benefits in
158 accordance with the district’s leave and benefits policies which
159 were accrued by the employee before the contract terminates.
160 Section 7. Paragraph (c) of subsection (2) of section
161 1001.451, Florida Statutes, is amended to read:
162 1001.451 Regional consortium service organizations.—In
163 order to provide a full range of programs to larger numbers of
164 students, minimize duplication of services, and encourage the
165 development of new programs and services:
166 (2)
167 (c) Notwithstanding paragraph (a), the appropriation for
168 the 2009-2010 2008-2009 fiscal year may be less than $50,000 per
169 school district and eligible member. If the amount appropriated
170 is insufficient to provide $50,000, the funds available must be
171 prorated among all eligible districts and members. This
172 paragraph expires July 1, 2010 2009.
173 Section 8. Subsections (6) and (7) are added to section
174 1001.47, Florida Statutes, to read:
175 1001.47 District school superintendent; salary.—
176 (6) Notwithstanding the provisions of this section and s.
177 145.19, elected district school superintendents may reduce their
178 salary rate on a voluntary basis.
179 (7) Notwithstanding the provisions of this section and s.
180 145.19, for the 2009-2010 fiscal year the salary of each elected
181 district school superintendent calculated pursuant to s. 1001.47
182 shall be reduced by 2 percent.
183 Section 9. Subsection (2) of section 1001.50, Florida
184 Statutes, as amended by section 3 of chapter 2009-3, Laws of
185 Florida, is amended, and subsections (5) and (6) are added to
186 that section, to read:
187 1001.50 Superintendents employed under Art. IX of the State
188 Constitution.—
189 (2) The district school board of each of such districts
190 shall enter into contracts of employment with the district
191 school superintendent and shall adopt rules relating to his or
192 her appointment; however, on or after February 1, 2009, the
193 district school board may not enter into an employment contract
194 that is funded from state funds and that requires the district
195 to pay from state funds a superintendent an amount in excess of
196 1 year of the superintendent’s annual salary for termination,
197 buy-out, or any other type of contract settlement. This
198 subsection does not prohibit the payment of earned leave and
199 benefits in accordance with the district’s leave and benefits
200 policies which were accrued by the superintendent before the
201 contract terminates.
202 (5) Notwithstanding any other law, resolution, or rule to
203 the contrary, a district school superintendent employed under
204 this section may not receive more than $225,000 in remuneration
205 annually from state funds. As used in this subsection, the term
206 “remuneration” means salary, bonuses, and cash-equivalent
207 compensation paid to a district school superintendent by his or
208 her employer for work performed, excluding health insurance
209 benefits and retirement benefits. Only compensation, as defined
210 in s. 121.021(22), provided to a district school superintendent
211 may be used in calculating benefits under chapter 121.
212 (6) District school boards and superintendents employed
213 pursuant to this section are encouraged to review the
214 superintendent’s annual remuneration for the 2009-2010 fiscal
215 year and mutually agree to a reduction of at least 5 percent.
216 Section 10. Paragraph (g) of subsection (3) of section
217 1002.37, Florida Statutes, is amended to read:
218 1002.37 The Florida Virtual School.—
219 (3) Funding for the Florida Virtual School shall be
220 provided as follows:
221 (g) The Florida Virtual School shall receive additional
222 state funds as may be provided in the General Appropriations
223 Act; however, such funds may not be provided for the purpose of
224 fulfilling the class size requirements in ss. 1003.03 and
225 1011.685.
226 Section 11. Section 1002.45, Florida Statutes, is amended
227 to read:
228 1002.45 School district virtual instruction programs.—
229 (1) PROGRAM.—
230 (a) For purposes of this section, the term:
231 1. “Approved provider” means a provider that is approved by
232 the Department of Education under subsection (2), the Florida
233 Virtual School, or a franchise of the Florida Virtual School.
234 2. “Virtual instruction program” means a program of
235 instruction provided in an interactive learning environment
236 created through technology in which students are separated from
237 their teachers by time or space, or both, and in which a
238 Florida-certified teacher under chapter 1012 is responsible for
239 at least:
240 a. Fifty percent of the direct instruction to students in
241 kindergarten through grade 5; or
242 b. Eighty percent of the direct instruction to students in
243 grades 6 through 12.
244 (b)(a) Beginning with the 2009-2010 school year, each
245 school district shall provide eligible students within its
246 boundaries the option of participating in a virtual instruction
247 program. The purpose of the program is to make instruction
248 available to students using online and distance learning
249 technology in the nontraditional classroom. The program shall
250 be:
251 1. provide virtual instruction to Full-time for students
252 enrolled in full-time virtual courses in kindergarten through
253 grade 12. 8
254 2. or in Full-time or part-time for students enrolled in
255 dropout prevention and academic intervention programs under s.
256 1003.53 or Department of Juvenile Justice education programs
257 under s. 1003.52 virtual courses in grades 9 through 12 as
258 authorized in paragraph (7)(c).
259 (c) To provide students with the option of participating in
260 virtual instruction programs as required by paragraph (b), a
261 school district may:
262 1. Contract with the Florida Virtual School or establish a
263 franchise of the Florida Virtual School for the provision of a
264 program under paragraph (b). Using this option is subject to the
265 requirements of this section and s. 1011.61(1)(c)1.b.(III) and
266 (IV).
267 2. Contract with an approved provider under subsection (2)
268 for the provision of a full-time program under subparagraph
269 (b)1. or a full-time or part-time program under subparagraph
270 (b)2.
271 3. Enter into an agreement with another school district to
272 allow the participation of its students in an approved virtual
273 instruction program provided by the other school district. The
274 agreement must indicate a process for the transfer of funds
275 required by paragraph (7)(b).
276
277 Contracts under subparagraph 1. or subparagraph 2. may include
278 multidistrict contractual arrangements that may be executed by a
279 regional consortium for its member districts. A multidistrict
280 contractual arrangement or an agreement under subparagraph 3. is
281 not subject to s. 1001.42(4)(d) and does not require the
282 participating school districts to be contiguous.
283 (b) Each school district’s virtual instruction program may
284 consist of one or more schools that are operated by the district
285 or by contracted providers approved by the Department of
286 Education under subsection (2). School districts may participate
287 in multidistrict contractual arrangements, which may include
288 contracts executed by a regional consortium for its member
289 districts, to provide such programs.
290 (d)(c) A charter school may enter into a joint agreement
291 with the school district in which it is located for the charter
292 school’s students to participate in the an approved district
293 school district’s virtual instruction program.
294 (2) PROVIDER QUALIFICATIONS.—On or before March 1, 2009,
295 and annually thereafter,
296 (a) The department shall annually provide school districts
297 with a list of providers approved to offer virtual instruction
298 programs. To be approved by the department, a contract provider
299 must annually document that it:
300 1.(a) Is nonsectarian in its programs, admission policies,
301 employment practices, and operations;
302 2.(b) Complies with the antidiscrimination provisions of s.
303 1000.05;
304 3.(c) Locates an administrative office or offices in this
305 state, requires its administrative staff to be state residents,
306 and requires all instructional staff members to be Florida
307 certified teachers under chapter 1012, and conducts background
308 screenings for all employees or contracted personnel, as
309 required by s. 1012.32, using state and national criminal
310 history records;
311 4.(d) Possesses prior, successful experience offering
312 online courses to elementary, middle, or high school students;
313 and
314 (e) Utilizes an instructional model that relies on
315 certified teachers, not parents, to provide at least 85 percent
316 of the instruction to the student;
317 5.(f) Is accredited by the Southern Association of Colleges
318 and Schools Council on Accreditation and School Improvement, the
319 North Central Association Commission on Accreditation and School
320 Improvement, the Middle States Association of Colleges and
321 Schools Commission on Elementary Schools and Commission on
322 Secondary Schools, the New England Association of Schools and
323 Colleges, the Northwest Association of Accredited Schools, the
324 Western Association of Schools and Colleges, or the Commission
325 on International and Trans-Regional Accreditation. Commission on
326 Colleges of the Southern Association of Colleges and Schools,
327 the Middle States Association of Colleges and Schools, the North
328 Central Association of Colleges and Schools, or the New England
329 Association of Colleges and Schools; and
330 (b) An approved provider shall retain its approved status
331 for a period of 3 years after the date of the department’s
332 approval under paragraph (a) as long as the provider continues
333 to comply with all requirements of this section.
334 (g) Complies with all requirements under this section.
335
336 Notwithstanding this subsection, approved providers of virtual
337 instruction shall include the Florida Virtual School established
338 under s. 1002.37 and providers that operate under s. 1002.415.
339 (3) SCHOOL DISTRICT VIRTUAL INSTRUCTION PROGRAM
340 REQUIREMENTS.—Each school district virtual instruction program
341 under this section operated or contracted by a school district
342 must:
343 (a) Require all instructional staff to be certified
344 professional educators under chapter 1012.
345 (b) Conduct a background screening of all employees or
346 contracted personnel, as required by s. 1012.32, using state and
347 national criminal history records.
348 (a)(c) Align virtual course curriculum and course content
349 to the Sunshine State Standards under s. 1003.41.
350 (b)(d) Offer instruction that is designed to enable a
351 student to gain proficiency in each virtually delivered course
352 of study.
353 (c)(e) Provide each student enrolled in the program with
354 all the necessary instructional materials.
355 (d)(f) Provide, when appropriate, each household having a
356 full-time student enrolled in the program with:
357 1. All equipment necessary for participants in the school
358 district virtual instruction program, including, but not limited
359 to, a computer, computer monitor, and printer; and
360 2. Access to or reimbursement for all Internet services
361 necessary for online delivery of instruction.
362 (e)(g) Not require tuition or student registration fees.
363 (4) CONTRACT REQUIREMENTS PROGRAM CAPACITY; ENROLLMENT.
364 Each contract with an approved provider must at minimum:
365 (a) Set forth a detailed curriculum plan that illustrates
366 how students will be provided services to attain proficiency in
367 the Sunshine State Standards.
368 (b) Provide a method for determining that a student has
369 satisfied the requirements for graduation in s. 1003.428, s.
370 1003.429, or s. 1003.43 if the contract is for the provision of
371 a full-time virtual instruction program to students in grades 9
372 through 12.
373 (c) Specify a method for resolving conflicts among the
374 parties.
375 (d) Specify authorized reasons for termination of the
376 contract.
377 (e) Require the approved provider to be responsible for all
378 debts of the school district virtual instruction program if the
379 contract is not renewed or is terminated.
380 (f) Require the approved provider to comply with all
381 requirements of this section. Beginning with the 2010-2011
382 school year, except for courses offered by the Florida Virtual
383 School under s. 1002.37, a school district may not increase the
384 enrollment for its full-time virtual instruction program in
385 excess of its prior school year enrollment unless the program
386 for the previous school year is designated with a grade of “C,”
387 making satisfactory progress, or better under the school grading
388 system provided in s. 1008.34.
389 (5) STUDENT ELIGIBILITY.—A student may enroll in a
390 Enrollment in a school district virtual instruction program
391 provided by the school district in which he or she resides is
392 open to any student residing within the district’s attendance
393 area if the student meets at least one of the following
394 conditions:
395 (a) The student has spent the prior school year in
396 attendance at a public school in this state and was enrolled and
397 reported by a public school district for funding during the
398 preceding October and February for purposes of the Florida
399 Education Finance Program surveys.
400 (b) The student is a dependent child of a member of the
401 United States Armed Forces who was transferred within the last
402 12 months to this state from another state or from a foreign
403 country pursuant to the parent’s permanent change of station
404 orders.
405 (c) The student was enrolled during the prior school year
406 in a school district virtual instruction program under this
407 section or a K-8 Virtual School Program under s. 1002.415.
408 (6) STUDENT PARTICIPATION REQUIREMENTS.—Each student
409 enrolled in a school district virtual instruction program must:
410 (a) Comply with the compulsory attendance requirements of
411 s. 1003.21. Student attendance must be verified by the school
412 district.
413 (b) Take state assessment tests within the school district
414 in which such student resides, which must provide the student
415 with access to the district’s testing facilities.
416 (7) FUNDING.—
417 (a) For purposes of a school district virtual instruction
418 program, “full-time equivalent student” has the same meaning as
419 provided in s. 1011.61(1)(c)1.b.(III) or (IV).
420 (b) The school district in which the student resides shall
421 report full-time equivalent students for the school district
422 virtual instruction program and for a charter school’s students
423 who participate under paragraph (1)(c) to the department only in
424 a manner prescribed by the department, and funding shall be
425 provided through the Florida Education Finance Program. Funds
426 received by the school district of residence for a student in a
427 virtual instruction program provided by another school district
428 under this section shall be transferred to the school district
429 providing the virtual instruction program.
430 (c) Full-time or part-time school district virtual
431 instruction program courses provided under this section for
432 students in grades 9 through 12 are limited to Department of
433 Juvenile Justice programs, dropout prevention programs, and
434 career and vocational programs.
435 (8) ASSESSMENT AND ACCOUNTABILITY.—
436 (a) With the exception of the programs offered by the
437 Florida Virtual School under s. 1002.37, Each approved provider
438 contracted under this section school district virtual
439 instruction program must:
440 1. Participate in the statewide assessment program under s.
441 1008.22 and in the state’s education performance accountability
442 system under s. 1008.31.
443 2. Receive a school grade under as provided in s. 1008.34
444 or a school improvement rating under s. 1008.341, as applicable.
445 The school grade or school improvement rating received by each
446 approved provider shall be based upon the aggregated assessment
447 scores of all students served by the provider statewide A school
448 district virtual instruction program shall be considered a
449 school under s. 1008.34 for purposes of this section, regardless
450 of the number of individual providers participating in the
451 district’s program. The department shall publish the school
452 grade or school improvement rating received by each approved
453 provider on its Internet website.
454 (b) The performance of part-time students in grades 9
455 through 12 under paragraph (7)(c) shall not be included for
456 purposes of school grades or school improvement ratings grading
457 under subparagraph (a)2.; however, their performance shall be
458 included for school grading or school improvement rating
459 purposes by the nonvirtual school providing the student’s
460 primary instruction.
461 (c) An approved provider A program that receives is
462 designated with a school grade of “D,” making less than
463 satisfactory progress, or “F,” under s. 1008.34 or a school
464 improvement rating of “Declining” under s. 1008.341 failing to
465 make adequate progress, must file a school improvement plan with
466 the department for consultation to determine the causes for low
467 performance and to develop a plan for correction and
468 improvement.
469 (d) An approved provider’s contract must be terminated The
470 school district shall terminate its program, including all
471 contracts with providers for such program, if the provider
472 program receives a school grade of “D,” making less than
473 satisfactory progress, or “F,” under s. 1008.34 or a school
474 improvement rating of “Declining” under s. 1008.341 failing to
475 make adequate progress, for 2 years during any consecutive 4
476 year period. A provider that has a contract terminated under
477 this paragraph may not be an approved provider for a period of
478 at least 1 year after the date upon which the contract was
479 terminated and until the department determines that the provider
480 is in compliance with subsection (2) and has corrected each
481 cause of the provider’s low performance. If a contract is not
482 renewed or is terminated, the contracted provider is responsible
483 for all debts of the program or school operated by the provider.
484 (e) A school district that terminates its program under
485 paragraph (d) shall contract with a provider selected and
486 approved by the department for the provision of virtual
487 instruction until the school district receives approval from the
488 department to operate a new school district virtual instruction
489 program.
490 (9) EXCEPTIONS.—A provider of digital or online content or
491 curriculum that is used to supplement the instruction of
492 students who are not enrolled in a school district virtual
493 instruction program under this section is not required to meet
494 the requirements of this section.
495 (10) MARKETING.—Each school district shall provide Any
496 information provided by a school district to parents and
497 students regarding the school district’s virtual instruction
498 program must include information about opportunities available
499 at, and the parent’s and student’s right to participate access
500 in a school district virtual instruction program under this
501 section and in courses offered by, the Florida Virtual School
502 under s. 1002.37.
503 (11) 2008-2009 SCHOOL DISTRICT VIRTUAL INSTRUCTION
504 PROGRAM.—For the 2008-2009 school year, each school district in
505 the state may offer a school district virtual instruction
506 program to provide full-time virtual courses in kindergarten
507 through grade 8 or to provide full-time or part-time virtual
508 courses in grades 9 through 12 as authorized in paragraph
509 (7)(c). Such program may be operated or contracted as provided
510 under paragraph (1)(b) and must comply with all requirements of
511 this section, except that contracts under this subsection may
512 only be issued for virtual courses in kindergarten through grade
513 8 to providers operating under s. 1002.415 or for virtual
514 courses in grades 9 through 12 as authorized under paragraph
515 (7)(c) to providers who contracted with a regional consortium in
516 the 2007-2008 school year to provide such services.
517 (11)(12) RULES.—The State Board of Education shall adopt
518 rules necessary to administer this section, including rules that
519 prescribe school district and charter school reporting
520 requirements under subsection (7).
521 (12) STUDY.—The department shall review the advisability of
522 legislatively authorizing school districts to contract with
523 approved private providers for the provision of part-time
524 virtual instruction programs for students in grades 9 through 12
525 who are not enrolled in programs under ss. 1003.52 and 1003.53.
526 The department shall report its findings and recommendations to
527 the presiding officers of the Legislature and the Governor by
528 January 15, 2010.
529 Section 12. Paragraph (d) of subsection (3), paragraph (a)
530 of subsection (4), and paragraph (d) of subsection (6) of
531 section 1002.71, Florida Statutes, as amended by section 7 of
532 chapter 2009-3, Laws of Florida, are amended to read:
533 1002.71 Funding; financial and attendance reporting.—
534 (3)
535 (d) For programs offered by school districts pursuant to s.
536 1002.61 and beginning with the 2009 summer program, each
537 district’s funding shall be based on a full-time equivalent
538 student enrollment that is evenly divisible by 12. If the result
539 of dividing a district’s full-time equivalent student enrollment
540 by 12 is not a whole number, the district’s enrollment
541 calculation shall be adjusted by adding the minimum number of
542 full-time equivalent students to produce a full-time equivalent
543 student enrollment calculation that is evenly divisible by 12.
544 (4) Notwithstanding s. 1002.53(3) and subsection (2):
545 (a) A child who, for any of the prekindergarten programs
546 listed in s. 1002.53(3), has not completed more than 70 10
547 percent of the hours authorized to be reported for funding under
548 subsection (2) may withdraw from the program for good cause and,
549 reenroll in one of the programs, and be reported for funding
550 purposes as a full-time equivalent student in the program for
551 which the child is reenrolled. The total funding for a child who
552 reenrolls in one of the programs for good cause may shall not
553 exceed one full-time equivalent student. Funding for a child who
554 withdraws and reenrolls in one of the programs for good cause
555 shall be issued in accordance with the agency’s uniform
556 attendance policy adopted pursuant to paragraph (6)(d).
557
558 A child may reenroll only once in a prekindergarten program
559 under this section. A child who reenrolls in a prekindergarten
560 program under this subsection may not subsequently withdraw from
561 the program and reenroll. The Agency for Workforce Innovation
562 shall establish criteria specifying whether a good cause exists
563 for a child to withdraw from a program under paragraph (a),
564 whether a child has substantially completed a program under
565 paragraph (b), and whether an extreme hardship exists which is
566 beyond the child’s or parent’s control under paragraph (b).
567 (6)
568 (d) The Agency for Workforce Innovation shall adopt, for
569 funding purposes, a uniform attendance policy for the Voluntary
570 Prekindergarten Education Program. The attendance policy must
571 apply statewide and apply equally to all private prekindergarten
572 providers and public schools. The attendance policy must
573 establish a minimum requirement for student attendance and
574 include at least the following provisions:
575 1. Beginning with the 2009-2010 fiscal year for school-year
576 programs, a student’s attendance may be reported on a pro rata
577 basis as a fractional part of a full-time equivalent student and
578 the 2009 summer program, a student who meets the minimum
579 requirement of 80 percent of the total number of hours for the
580 program may be reported as a full-time equivalent student for
581 funding purposes.
582 2. At a maximum, 20 percent of the total payment made on
583 behalf of a student to a private prekindergarten provider or a
584 public school may be for hours a student is absent. A student
585 who does not meet the minimum requirement may be reported only
586 as a fractional part of a full-time equivalent student, reduced
587 pro rata based on the student’s attendance.
588 3. A private prekindergarten provider or public school may
589 not receive payment for absences that occur before a student’s
590 first day of attendance or after a student’s last day of
591 attendance. A student who does not meet the minimum requirement
592 may be reported as a full-time equivalent student if the student
593 is absent for good cause in accordance with exceptions specified
594 in the uniform attendance policy.
595
596 The uniform attendance policy shall be used only for funding
597 purposes and does not prohibit a private prekindergarten
598 provider or public school from adopting and enforcing its
599 attendance policy under paragraphs (a) and (c).
600 Section 13. Paragraph (g) of subsection (1) of section
601 1003.02, Florida Statutes, is amended to read:
602 1003.02 District school board operation and control of
603 public K-12 education within the school district.—As provided in
604 part II of chapter 1001, district school boards are
605 constitutionally and statutorily charged with the operation and
606 control of public K-12 education within their school district.
607 The district school boards must establish, organize, and operate
608 their public K-12 schools and educational programs, employees,
609 and facilities. Their responsibilities include staff
610 development, public K-12 school student education including
611 education for exceptional students and students in juvenile
612 justice programs, special programs, adult education programs,
613 and career education programs. Additionally, district school
614 boards must:
615 (1) Provide for the proper accounting for all students of
616 school age, for the attendance and control of students at
617 school, and for proper attention to health, safety, and other
618 matters relating to the welfare of students in the following
619 fields:
620 (g) School operation.—
621 1. Provide for the operation of all public schools as free
622 schools for a term of at least 180 days or the equivalent on an
623 hourly basis as specified by rules of the State Board of
624 Education; determine district school funds necessary in addition
625 to state funds to operate all schools for the minimum term; and
626 arrange for the levying of district school taxes necessary to
627 provide the amount needed from district sources.
628 2. Prepare, adopt, and timely submit to the Department of
629 Education, as required by law and by rules of the State Board of
630 Education, the annual school budget, so as to promote the
631 improvement of the district school system.
632 Section 14. Paragraph (b) of subsection (2) and subsection
633 (4) of section 1003.03, Florida Statutes, as amended by section
634 9 of chapter 2009-3, Laws of Florida, are amended to read:
635 1003.03 Maximum class size.—
636 (2) IMPLEMENTATION.—
637 (b) Determination of the number of students per classroom
638 in paragraph (a) shall be calculated as follows:
639 1. For fiscal years 2003-2004 through 2005-2006, the
640 calculation for compliance for each of the 3 grade groupings
641 shall be the average at the district level.
642 2. For fiscal years 2006-2007 through 2009-2010 2008-2009,
643 the calculation for compliance for each of the 3 grade groupings
644 shall be the average at the school level.
645 3. For fiscal year 2010-2011 2009-2010 and thereafter, the
646 calculation for compliance shall be at the individual classroom
647 level.
648 4. For fiscal years 2006-2007 through 2009-2010 and
649 thereafter, each teacher assigned to any classroom shall be
650 included in the calculation for compliance.
651 (4) ACCOUNTABILITY.—
652 (a)1. Beginning in the 2003-2004 fiscal year, if the
653 department determines for any year that a school district has
654 not reduced average class size as required in subsection (2) at
655 the time of the third FEFP calculation, the department shall
656 calculate an amount from the class size reduction operating
657 categorical which is proportionate to the amount of class size
658 reduction not accomplished. Upon verification of the
659 department’s calculation by the Florida Education Finance
660 Program Appropriation Allocation Conference and not later than
661 March 1 of each year, the Executive Office of the Governor shall
662 transfer undistributed funds equivalent to the calculated amount
663 from the district’s class size reduction operating categorical
664 to an approved fixed capital outlay appropriation for class size
665 reduction in the affected district pursuant to s. 216.292(2)(d).
666 The amount of funds transferred shall be the lesser of the
667 amount verified by the Florida Education Finance Program
668 Appropriation Allocation Conference or the undistributed balance
669 of the district’s class size reduction operating categorical.
670 2. In lieu of the transfer required by subparagraph 1., the
671 Commissioner of Education may recommend a budget amendment,
672 subject to approval by the Legislative Budget Commission, to
673 transfer an alternative amount of funds from the district’s
674 class size reduction operating categorical to its approved fixed
675 capital outlay account for class size reduction if the
676 commissioner finds that the State Board of Education has
677 reviewed evidence indicating that a district has been unable to
678 meet class size reduction requirements despite appropriate
679 effort to do so. The commissioner’s budget amendment must be
680 submitted to the Legislative Budget Commission by February 15 of
681 each year.
682 3. For the 2007-2008 fiscal year and thereafter, if in any
683 fiscal year funds from a district’s class size operating
684 categorical are required to be transferred to its fixed capital
685 outlay fund and the district’s class size operating categorical
686 allocation in the General Appropriations Act for that fiscal
687 year has been reduced by a subsequent appropriation, the
688 Commissioner of Education may recommend a 50-percent reduction
689 in the amount of the transfer.
690 (b) Beginning in the 2010-2011 fiscal year and each year
691 thereafter, if the department determines that the number of
692 students assigned to any individual class exceeds the class size
693 maximum, as required in subsection (2), at the time of the third
694 FEFP calculation, the department shall:
695 1. Identify, for each grade group, the number of classes in
696 which the enrollment exceeds the maximum, the number of students
697 which exceed the maximum for each class, and the total number of
698 students which exceed the maximum for all classes.
699 2. Determine the number of full-time equivalent students
700 which exceed the maximum class size for each grade group.
701 3. Multiply the total number of FTE students which exceed
702 the maximum class size for each grade group by the district’s
703 FTE dollar amount of the class-size-reduction allocation for
704 that year and calculate the total for all three grade groups.
705 4. Reduce the district’s class-size-reduction operating
706 categorical allocation by an amount equal to the sum of the
707 calculation in subparagraph 3.
708 (c) Upon verification of the department’s calculation by
709 the Florida Education Finance Program Appropriation Allocation
710 Conference and no later than March 1 of each year, the Executive
711 Office of the Governor shall place these funds in reserve and
712 the undistributed funds shall revert to the General Revenue Fund
713 unallocated at the end of the fiscal year. The amount of funds
714 reduced shall be the lesser of the amount verified by the
715 Florida Education Finance Program Appropriation Allocation
716 Conference or the undistributed balance of the district’s class
717 size-reduction operating categorical allocation.
718 (d) In lieu of the reduction calculation in paragraph (b),
719 the Commissioner of Education may recommend a budget amendment,
720 subject to approval of the Legislative Budget Commission, to
721 reduce an alternative amount of funds from the district’s class
722 size-reduction operating categorical allocation. The
723 commissioner’s budget amendment must be submitted to the
724 Legislative Budget Commission by February 15 of each year.
725 (e) In addition to the calculation required in paragraph
726 (a), at the time of the third FEFP calculation for the 2009-2010
727 fiscal year, the department shall also prepare a simulated
728 calculation based on the requirements in paragraphs (b) and (c).
729 This simulated calculation shall be provided to the school
730 districts and the Legislature.
731 (b) Beginning in the 2005-2006 school year, the department
732 shall determine by January 15 of each year which districts have
733 not met the two-student-per-year reduction required in
734 subsection (2) based upon a comparison of the district’s October
735 student membership survey for the current school year and the
736 February 2003 baseline student membership survey. The department
737 shall report such districts to the Legislature. Each district
738 that has not met the two-student-per-year reduction shall be
739 required to implement one of the following policies in the
740 subsequent school year unless the department finds that the
741 district comes into compliance based upon the February student
742 membership survey:
743 1. Year-round schools;
744 2. Double sessions;
745 3. Rezoning; or
746 4. Maximizing use of instructional staff by changing
747 required teacher loads and scheduling of planning periods,
748 deploying school district employees who have professional
749 certification to the classroom, using adjunct educators,
750 operating schools beyond the normal operating hours to provide
751 classes in the evening, or operating more than one session
752 during the day.
753
754 A school district that is required to implement one of the
755 policies outlined in subparagraphs 1.-4. shall correct in the
756 year of implementation any past deficiencies and bring the
757 district into compliance with the two-student-per-year reduction
758 goals established for the district by the department pursuant to
759 subsection (2). A school district may choose to implement more
760 than one of these policies. The district school superintendent
761 shall report to the Commissioner of Education the extent to
762 which the district implemented any of the policies outlined in
763 subparagraphs 1.-4. in a format to be specified by the
764 Commissioner of Education. The Department of Education shall use
765 the enforcement authority provided in s. 1008.32 to ensure that
766 districts comply with the provisions of this paragraph.
767 (c) Beginning in the 2006-2007 school year, the department
768 shall annually determine which districts do not meet the
769 requirements described in subsection (2). In addition to
770 enforcement authority provided in s. 1008.32, the Department of
771 Education shall develop a constitutional compliance plan for
772 each such district which includes, but is not limited to,
773 redrawing school attendance zones to maximize use of facilities
774 while minimizing the additional use of transportation unless the
775 department finds that the district comes into compliance based
776 upon the February student membership survey and the other
777 accountability policies listed in paragraph (b). Each district
778 school board shall implement the constitutional compliance plan
779 developed by the state board until the district complies with
780 the constitutional class size maximums.
781 Section 15. Paragraph (a) of subsection (1) of section
782 1004.55, Florida Statutes, is amended to read:
783 1004.55 Regional autism centers.—
784 (1) Seven regional autism centers are established to
785 provide nonresidential resource and training services for
786 persons of all ages and of all levels of intellectual
787 functioning who have autism, as defined in s. 393.063; who have
788 a pervasive developmental disorder that is not otherwise
789 specified; who have an autistic-like disability; who have a dual
790 sensory impairment; or who have a sensory impairment with other
791 handicapping conditions. Each center shall be operationally and
792 fiscally independent and shall provide services within its
793 geographical region of the state. Service delivery shall be
794 consistent for all centers. Each center shall coordinate
795 services within and between state and local agencies and school
796 districts but may not duplicate services provided by those
797 agencies or school districts. The respective locations and
798 service areas of the centers are:
799 (a) The College of Medicine Department of Communication
800 Disorders at Florida State University, which serves Bay,
801 Calhoun, Escambia, Franklin, Gadsden, Gulf, Holmes, Jackson,
802 Jefferson, Leon, Liberty, Madison, Okaloosa, Santa Rosa, Taylor,
803 Wakulla, Walton, and Washington Counties.
804 Section 16. Paragraphs (a) and (b) of subsection (5) of
805 section 1006.06, Florida Statutes, are amended to read:
806 1006.06 School food service programs.—
807 (5)(a) Each district school board shall implement school
808 breakfast programs that make breakfast meals available to all
809 students in each elementary school. By the beginning of the
810 2010-2011 school year, universal the school breakfast programs
811 shall be offered in schools in which 80 percent or more of the
812 students are eligible for free or reduced-price meals make
813 breakfast meals available to all students in each elementary,
814 middle, and high school. Each school shall, to the maximum
815 extent practicable, make breakfast meals available to students
816 at an alternative site location, which may include, but need not
817 be limited to, alternative breakfast options as described in
818 publications of the Food and Nutrition Service of the United
819 States Department of Agriculture for the federal School
820 Breakfast Program.
821 (b) Beginning with the 2009-2010 school year, each school
822 district must annually set prices for breakfast meals at rates
823 that, combined with federal reimbursements and state
824 allocations, are sufficient to defray costs of school breakfast
825 programs without requiring allocations from the district’s
826 operating funds, except if the district school board approves
827 lower rates.
828 Section 17. Subsection (5) is added to section 1006.21,
829 Florida Statutes, to read:
830 1006.21 Duties of district school superintendent and
831 district school board regarding transportation.—
832 (5) Contiguous school districts shall make provisions for
833 reciprocal policies and agreements for contracts for school bus
834 transportation services, inspections, and screening requirements
835 for public schools and public charter schools.
836 Section 18. Subsection (1) of section 1006.28, Florida
837 Statutes, is amended to read:
838 1006.28 Duties of district school board, district school
839 superintendent; and school principal regarding K-12
840 instructional materials.—
841 (1) DISTRICT SCHOOL BOARD.—The district school board has
842 the duty to provide adequate instructional materials for all
843 students in accordance with the requirements of this part. The
844 term “adequate instructional materials” means a sufficient
845 number of textbooks or sets of materials that are available in
846 bound, unbound, kit, or package form and may consist of hard
847 backed or soft-backed textbooks, consumables, learning
848 laboratories, manipulatives, electronic media, and computer
849 courseware or software that serve serving as the basis for
850 instruction for each student in the core courses of mathematics,
851 language arts, social studies, science, reading, and literature,
852 except for instruction for which the school advisory council
853 approves the use of a program that does not include a textbook
854 as a major tool of instruction. The district school board has
855 the following specific duties:
856 (a) Courses of study; adoption.—Adopt courses of study for
857 use in the schools of the district.
858 (b) Textbooks.—Provide for proper requisitioning,
859 distribution, accounting, storage, care, and use of all
860 instructional materials furnished by the state and furnish such
861 other instructional materials as may be needed. The district
862 school board shall assure that instructional materials used in
863 the district are consistent with the district goals and
864 objectives and the curriculum frameworks adopted by rule of the
865 State Board of Education, as well as with the state and district
866 performance standards provided for in s. 1001.03(1).
867 (c) Other instructional materials.—Provide such other
868 teaching accessories and aids as are needed for the school
869 district’s educational program.
870 (d) School library media services; establishment and
871 maintenance.—Establish and maintain a program of school library
872 media services for all public schools in the district, including
873 school library media centers, or school library media centers
874 open to the public, and, in addition such traveling or
875 circulating libraries as may be needed for the proper operation
876 of the district school system.
877 Section 19. Paragraph (a) of subsection (2) of section
878 1006.40, Florida Statutes, as amended by section 10 of chapter
879 2009-3, Laws of Florida, is amended to read:
880 1006.40 Use of instructional materials allocation;
881 instructional materials, library books, and reference books;
882 repair of books.—
883 (2)(a) Each district school board must purchase current
884 instructional materials to provide each student with a textbook
885 or other instructional materials as a major tool of instruction
886 in core courses of the appropriate subject areas of mathematics,
887 language arts, science, social studies, reading, and literature
888 for kindergarten through grade 12. Such purchase must be made
889 within the first 2 years after the effective date of the
890 adoption cycle; however, this requirement is waived for the
891 adoption cycle occurring in the 2008-2009 academic year for
892 schools within the district which are identified in the top four
893 categories of schools pursuant to s. 1008.33, as amended by
894 CS/CS/HB 991, Engrossed 1. The Commissioner of Education may
895 provide a waiver of this requirement for the adoption cycle
896 occurring in the 2008-2009 academic year if the district
897 demonstrates that it has intervention and support strategies to
898 address the particular needs of schools in the lowest two
899 categories. Unless specifically provided for in the General
900 Appropriations Act, the cost of instructional materials
901 purchases required by this paragraph shall not exceed the amount
902 of the district’s allocation for instructional materials,
903 pursuant to s. 1011.67, for the previous 2 years.
904 Section 20. Subsection (12) is added to section 1007.25,
905 Florida Statutes, to read:
906 1007.25 General education courses; common prerequisites;
907 and other degree requirements.—
908 (12)(a) A public postsecondary educational institution may
909 not confer an associate in arts or baccalaureate degree upon any
910 student who fails to successfully complete one of the following
911 requirements:
912 1. Achieve a score that meets or exceeds a minimum score on
913 a nationally standardized examination, as established by the
914 State Board of Education in conjunction with the Board of
915 Governors; or
916 2. Demonstrate successful remediation of any academic
917 deficiencies and achieve a cumulative grade point average of 2.5
918 or above, on a 4.0 scale, in postsecondary-level coursework
919 identified by the State Board of Education in conjunction with
920 the Board of Governors. The Department of Education shall
921 specify the means by which a student may demonstrate successful
922 remediation.
923 (b) Any student who, in the best professional opinion of
924 the postsecondary educational institution, has a specific
925 learning disability such that the student cannot demonstrate
926 successful mastery of one or more of the authorized examinations
927 but is achieving at the college level in every area despite his
928 or her disability, and whose diagnosis indicates that further
929 remediation will not succeed in overcoming the disability, may
930 appeal through the appropriate dean to a committee appointed by
931 the president or the chief academic officer for special
932 consideration. The committee shall examine the evidence of the
933 student’s academic and medical records and may hear testimony
934 relevant to the case. The committee may grant a waiver for one
935 or more of the authorized examinations based on the results of
936 its review.
937 (c) Each public postsecondary educational institution
938 president shall establish a committee to consider requests for
939 waivers from the requirements in paragraph (a). The committee
940 shall be chaired by the chief academic officer of the
941 institution and shall have four additional members appointed by
942 the president as follows:
943 1. One faculty member from the mathematics department;
944 2. One faculty member from the English department;
945 3. The institutional test administrator; and
946 4. One faculty member from a department other than English
947 or mathematics.
948 (d) Any student who has taken the authorized examinations
949 and has not achieved a passing score, but has otherwise
950 demonstrated proficiency in coursework in the same subject area,
951 may request a waiver from the examination requirement. Waivers
952 shall be considered only after students have been provided test
953 accommodations or other administrative adjustments to permit the
954 accurate measurement of the student’s proficiency in the subject
955 areas measured by the authorized examinations. The committee
956 shall consider the student’s educational records and other
957 evidence as to whether the student should be able to pass the
958 authorized examinations. A waiver may be recommended to the
959 president upon a majority vote of the committee. The president
960 may approve or disapprove the recommendation. The president may
961 not approve a request that the committee has disapproved. If a
962 waiver is approved, the student’s transcript shall include a
963 statement that the student did not meet the requirements of this
964 subsection and that a waiver was granted.
965 Section 21. Section 1008.29, Florida Statutes, is repealed.
966 Section 22. Paragraph (c) of subsection (1) of section
967 1008.41, Florida Statutes, is amended to read:
968 1008.41 Workforce education; management information
969 system.—
970 (1) The Commissioner of Education shall coordinate uniform
971 program structures, common definitions, and uniform management
972 information systems for workforce education for all divisions
973 within the department. In performing these functions, the
974 commissioner shall designate deadlines after which data elements
975 may not be changed for the coming fiscal or school year. School
976 districts and community colleges shall be notified of data
977 element changes at least 90 days prior to the start of the
978 subsequent fiscal or school year. Such systems must provide for:
979 (c) Maximum use of automated technology and records in
980 existing databases and data systems. To the extent feasible, the
981 Florida Information Resource Network may shall be employed for
982 this purpose.
983 Section 23. Section 1010.06, Florida Statutes, is created
984 to read:
985 1010.06 Indirect cost limitation.—State funds appropriated
986 by the Legislature to the Division of Public Schools within the
987 Department of Education may not be used to pay indirect costs to
988 a university, community college, school district, or any other
989 entity.
990 Section 24. Section 1010.11, Florida Statutes, is amended
991 to read:
992 1010.11 Electronic transfer of funds.—Pursuant to the
993 provisions of s. 215.85, each district school board, community
994 college board of trustees, and university board of trustees
995 shall adopt written policies prescribing the accounting and
996 control procedures under which any funds under their control are
997 allowed to be moved by electronic transaction for any purpose
998 including direct deposit, wire transfer, withdrawal, or
999 investment, or payment. Electronic transactions shall comply
1000 with the provisions of chapter 668.
1001 Section 25. Subsection (4) is added to section 1011.09,
1002 Florida Statutes, to read:
1003 1011.09 Expenditure of funds by district school board.—All
1004 state funds apportioned to the credit of any district constitute
1005 a part of the district school fund of that district and must be
1006 budgeted and expended under authority of the district school
1007 board subject to the provisions of law and rules of the State
1008 Board of Education.
1009 (4) During the 2009-2010 fiscal year, unless otherwise
1010 specifically approved by the district school board, public funds
1011 may not be expended for out-of-state travel or cellular phones,
1012 cellular phone service, personal digital assistants, or any
1013 other mobile wireless communication device or service, including
1014 text messaging, whether through purchasing, leasing,
1015 contracting, or any other method. The expenditure of public
1016 funds for art programs, music programs, sports programs, and
1017 extracurricular programs for students is a higher priority than
1018 expending funds for employee travel and cellular phones.
1019 Section 26. Subsection (4) of section 1011.18, Florida
1020 Statutes, is amended to read:
1021 1011.18 School depositories; payments into and withdrawals
1022 from depositories.—
1023 (4) HOW FUNDS DRAWN FROM DEPOSITORIES.—All money drawn from
1024 any district school depository holding same as prescribed herein
1025 shall be upon a check or warrant drawn on authority of the
1026 district school board as prescribed by law. Each check or
1027 warrant shall be signed by the chair or, in his or her absence,
1028 the vice chair of the district school board and countersigned by
1029 the district school superintendent, with corporate seal of the
1030 school board affixed. However, as a matter of convenience, the
1031 corporate seal of the district school board may be printed upon
1032 the warrant and a proper record of such warrant shall be
1033 maintained. The district school board may by resolution, a copy
1034 of which must be delivered to the depository, provide for
1035 internal funds to be withdrawn from any district depository by a
1036 check duly signed by at least two bonded school employees
1037 designated by the board to be responsible for administering such
1038 funds. However, the district school superintendent or his or her
1039 designee, after having been by resolution specifically
1040 authorized by the district school board, may transfer funds from
1041 one depository to another, within a depository, to another
1042 institution, or from another institution to a depository for
1043 investment purposes and may transfer funds to pay expenses,
1044 expenditures, or other disbursements that must be evidenced by
1045 an invoice or other appropriate documentation in a similar
1046 manner when the transfer does not represent an expenditure,
1047 advance, or reduction of cash assets. Such transfer may be made
1048 by electronic, telephonic, or other medium; and each transfer
1049 shall be confirmed in writing and signed by the district school
1050 superintendent or his or her designee.
1051 Section 27. Subsection (2) and paragraphs (d) and (f) of
1052 subsection (3) of section 1011.60, Florida Statutes, are amended
1053 to read:
1054 1011.60 Minimum requirements of the Florida Education
1055 Finance Program.—Each district which participates in the state
1056 appropriations for the Florida Education Finance Program shall
1057 provide evidence of its effort to maintain an adequate school
1058 program throughout the district and shall meet at least the
1059 following requirements:
1060 (2) MINIMUM TERM.—Operate all schools for a term of at
1061 least 180 actual teaching days or the equivalent on an hourly
1062 basis as specified by rules of the State Board of Education each
1063 school year. The State Board of Education may prescribe
1064 procedures for altering, and, upon written application, may
1065 alter, this requirement during a national, state, or local
1066 emergency as it may apply to an individual school or schools in
1067 any district or districts if, in the opinion of the board, it is
1068 not feasible to make up lost days or hours, and the
1069 apportionment may, at the discretion of the Commissioner of
1070 Education and if the board determines that the reduction of
1071 school days or hours is caused by the existence of a bona fide
1072 emergency, be reduced for such district or districts in
1073 proportion to the decrease in the length of term in any such
1074 school or schools. A strike, as defined in s. 447.203(6), by
1075 employees of the school district may not be considered an
1076 emergency.
1077 (3) EMPLOYMENT POLICIES.—Adopt rules relating to the
1078 appointment, promotion, transfer, suspension, and dismissal of
1079 personnel.
1080 (d) District school boards may authorize a maximum of six
1081 paid legal holidays which shall apply to the total annual number
1082 of required 196 days of service adopted by the board.
1083 (f) Such rules must not require more than 10 12 calendar
1084 months of service for such principals, other school site
1085 administrators, and instructional staff, as prescribed by rules
1086 of the State Board of Education and must require 10 months to
1087 include not less than 196 days of service, excluding Sundays and
1088 other holidays. Principals, other school site administrators,
1089 and instructional staff may serve more than 10 calendar months
1090 of service if specifically approved by the district school
1091 board. Contracts for 12 months of service may, for all members
1092 of the instructional staff, with any such service on a 12-month
1093 basis to include reasonable allowance for vacation or further
1094 study as prescribed by the school board in accordance with rules
1095 of the State Board of Education.
1096 Section 28. Paragraph (c) of subsection (1) of section
1097 1011.61, Florida Statutes, is amended to read:
1098 1011.61 Definitions.—Notwithstanding the provisions of s.
1099 1000.21, the following terms are defined as follows for the
1100 purposes of the Florida Education Finance Program:
1101 (1) A “full-time equivalent student” in each program of the
1102 district is defined in terms of full-time students and part-time
1103 students as follows:
1104 (c)1. A “full-time equivalent student” is:
1105 a. A full-time student in any one of the programs listed in
1106 s. 1011.62(1)(c); or
1107 b. A combination of full-time or part-time students in any
1108 one of the programs listed in s. 1011.62(1)(c) which is the
1109 equivalent of one full-time student based on the following
1110 calculations:
1111 (I) A full-time student, except a postsecondary or adult
1112 student or a senior high school student enrolled in adult
1113 education when such courses are required for high school
1114 graduation, in a combination of programs listed in s.
1115 1011.62(1)(c) shall be a fraction of a full-time equivalent
1116 membership in each special program equal to the number of net
1117 hours per school year for which he or she is a member, divided
1118 by the appropriate number of hours set forth in subparagraph
1119 (a)1. or subparagraph (a)2. The difference between that fraction
1120 or sum of fractions and the maximum value as set forth in
1121 subsection (4) for each full-time student is presumed to be the
1122 balance of the student’s time not spent in such special
1123 education programs and shall be recorded as time in the
1124 appropriate basic program.
1125 (II) A prekindergarten handicapped student shall meet the
1126 requirements specified for kindergarten students.
1127 (III) A full-time equivalent student for students in
1128 kindergarten through grade 5 grades K-8 in a school district
1129 virtual instruction program under as provided in s. 1002.45
1130 shall consist of a student who has successfully completed a
1131 basic program listed in s. 1011.62(1)(c)1.a. or b., and who is
1132 promoted to a higher grade level.
1133 (IV) A full-time equivalent student for students in grades
1134 6 through 12 9-12 in a school district virtual instruction
1135 program under s. 1002.45(1)(b)1. and 2. as provided in s.
1136 1002.45 shall consist of six full credit completions in programs
1137 listed in s. 1011.62(1)(c)1.b. or c. s. 1011.62(1)(c)1. and 3 4.
1138 Credit completions can be a combination of either full credits
1139 or half credits.
1140 (V) A Florida Virtual School full-time equivalent student
1141 shall consist of six full credit completions in the programs
1142 listed in s. 1011.62(1)(c)1.b. for grades 6 through 8 and the
1143 programs listed in s. 1011.62(1)(c)1.c. for grades 9 through 12
1144 s. 1011.62(1)(c)1. and 4. Credit completions can be a
1145 combination of either full credits or half credits.
1146 (VI) Each successfully completed credit earned under the
1147 alternative high school course credit requirements authorized in
1148 s. 1002.375, which is not reported as a portion of the 900 net
1149 hours of instruction pursuant to subparagraph (1)(a)1., shall be
1150 calculated as 1/6 FTE.
1151 2. A student in membership in a program scheduled for more
1152 or less than 180 school days or the equivalent on an hourly
1153 basis as specified by rules of the State Board of Education is a
1154 fraction of a full-time equivalent membership equal to the
1155 number of instructional hours in membership divided by the
1156 appropriate number of hours set forth in subparagraph (a)1.;
1157 however, for the purposes of this subparagraph, membership in
1158 programs scheduled for more than 180 days is limited to students
1159 enrolled in juvenile justice education programs and the Florida
1160 Virtual School.
1161
1162 The department shall determine and implement an equitable method
1163 of equivalent funding for experimental schools and for schools
1164 operating under emergency conditions, which schools have been
1165 approved by the department to operate for less than the minimum
1166 school day.
1167 Section 29. Present paragraphs (l) through (p) of
1168 subsection (1) of section 1011.62, Florida Statutes, are
1169 redesignated as paragraphs (m) through (q), respectively, a new
1170 paragraph (l) is added to that subsection, present paragraph (p)
1171 of that subsection is amended, and subsections (4) and (5),
1172 paragraph (b) of subsection (6), and paragraph (a) of subsection
1173 (12) of that section are amended, to read:
1174 1011.62 Funds for operation of schools.—If the annual
1175 allocation from the Florida Education Finance Program to each
1176 district for operation of schools is not determined in the
1177 annual appropriations act or the substantive bill implementing
1178 the annual appropriations act, it shall be determined as
1179 follows:
1180 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
1181 OPERATION.—The following procedure shall be followed in
1182 determining the annual allocation to each district for
1183 operation:
1184 (l) Study hall.—A student who is enrolled in study hall may
1185 not be included in the calculation of full-time equivalent
1186 student membership for funding under this section.
1187 (q)(p) Calculation of additional full-time equivalent
1188 membership for the Florida Virtual School.—The total reported
1189 full-time equivalent student membership for the Florida Virtual
1190 School for students who are also enrolled in a school district
1191 shall be multiplied by 0.114, and such value shall be added to
1192 the total full-time equivalent student membership.
1193 (4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.—The
1194 Legislature shall prescribe the aggregate required local effort
1195 for all school districts collectively as an item in the General
1196 Appropriations Act for each fiscal year. The amount that each
1197 district shall provide annually toward the cost of the Florida
1198 Education Finance Program for kindergarten through grade 12
1199 programs shall be calculated as follows:
1200 (a) Estimated taxable value calculations.—
1201 1.a. Not later than 2 working days prior to July 19, the
1202 Department of Revenue shall certify to the Commissioner of
1203 Education its most recent estimate of the taxable value for
1204 school purposes in each school district and the total for all
1205 school districts in the state for the current calendar year
1206 based on the latest available data obtained from the local
1207 property appraisers. The value certified shall be the taxable
1208 value for school purposes for that year, and no further
1209 adjustments shall be made, except those made pursuant to
1210 paragraphs (c) and (d), or an assessment roll change required by
1211 final judicial decisions as specified in paragraph (12)(b). Not
1212 later than July 19, the Commissioner of Education shall compute
1213 a millage rate, rounded to the next highest one one-thousandth
1214 of a mill, which, when applied to 95 percent of the estimated
1215 state total taxable value for school purposes, would generate
1216 the prescribed aggregate required local effort for that year for
1217 all districts. The Commissioner of Education shall certify to
1218 each district school board the millage rate, computed as
1219 prescribed in this subparagraph, as the minimum millage rate
1220 necessary to provide the district required local effort for that
1221 year.
1222 b. The General Appropriations Act shall direct the
1223 computation of the statewide adjusted aggregate amount for
1224 required local effort for all school districts collectively from
1225 ad valorem taxes to ensure that no school district’s revenue
1226 from required local effort millage will produce more than 90
1227 percent of the district’s total Florida Education Finance
1228 Program calculation as calculated and adopted by the
1229 Legislature, and the adjustment of the required local effort
1230 millage rate of each district that produces more than 90 percent
1231 of its total Florida Education Finance Program entitlement to a
1232 level that will produce only 90 percent of its total Florida
1233 Education Finance Program entitlement in the July calculation.
1234 2. On the same date as the certification in sub
1235 subparagraph 1.a., the Department of Revenue shall certify to
1236 the Commissioner of Education for each district:
1237 a. Each year for which the property appraiser has certified
1238 the taxable value pursuant to s. 193.122(2) or (3), if
1239 applicable, since the prior certification under sub-subparagraph
1240 1.a.
1241 b. For each year identified in sub-subparagraph a., the
1242 taxable value certified by the appraiser pursuant to s.
1243 193.122(2) or (3), if applicable, since the prior certification
1244 under sub-subparagraph 1.a. This is the certification that
1245 reflects all final administrative actions of the value
1246 adjustment board. As revised data are received from property
1247 appraisers, the Department of Revenue shall amend the
1248 certification of the estimate of the taxable value for school
1249 purposes.
1250 (b) Final calculation.—
1251 1. The taxable value for school purposes certified by the
1252 Department of Revenue which is used in the fourth calculation
1253 with the annualized full-time student membership from the
1254 February student survey shall be the final taxable value used in
1255 the final calculation.
1256 2. For purposes of this paragraph, the final taxable value
1257 for school purposes shall be the taxable value for school
1258 purposes on which the tax bills are computed and mailed to the
1259 taxpayers, adjusted to reflect final administrative actions of
1260 value adjustment boards and judicial decisions pursuant to
1261 chapter 194. For each county that has not submitted a revised
1262 tax roll reflecting final value adjustment board actions and
1263 final judicial decisions, the Department of Revenue shall
1264 certify the most recent revision of the taxable value for school
1265 purposes. The value certified under subparagraph 1. shall be the
1266 final taxable value for school purposes for that year, and no
1267 further adjustments shall be made, except those made pursuant to
1268 paragraph (12)(b).
1269 (b)(c) Equalization of required local effort.—
1270 1. The Department of Revenue shall include with its
1271 certifications provided pursuant to paragraph (a) its most
1272 recent determination of the assessment level of the prior year’s
1273 assessment roll for each county and for the state as a whole.
1274 2. The Commissioner of Education shall adjust the required
1275 local effort millage of each district for the current year,
1276 computed pursuant to paragraph (a), as follows:
1277 a. The equalization factor for the prior year’s assessment
1278 roll of each district shall be multiplied by 95 percent of the
1279 taxable value for school purposes shown on that roll and by the
1280 prior year’s required local-effort millage, exclusive of any
1281 equalization adjustment made pursuant to this paragraph. The
1282 dollar amount so computed shall be the additional required local
1283 effort for equalization for the current year.
1284 b. Such equalization factor shall be computed as the
1285 quotient of the prior year’s assessment level of the state as a
1286 whole divided by the prior year’s assessment level of the
1287 county, from which quotient shall be subtracted 1.
1288 c. The dollar amount of additional required local effort
1289 for equalization for each district shall be converted to a
1290 millage rate, based on 95 percent of the current year’s taxable
1291 value for that district, and added to the required local effort
1292 millage determined pursuant to paragraph (a).
1293 3. Notwithstanding the limitations imposed pursuant to s.
1294 1011.71(1), the total required local-effort millage, including
1295 additional required local effort for equalization, shall be an
1296 amount not to exceed 10 minus the maximum millage allowed as
1297 nonvoted discretionary millage, exclusive of millage authorized
1298 pursuant to s. 1011.71(2). Nothing herein shall be construed to
1299 allow a millage in excess of that authorized in s. 9, Art. VII
1300 of the State Constitution.
1301 4. For the purposes of this chapter, the term “assessment
1302 level” means the value-weighted mean assessment ratio for the
1303 county or state as a whole, as determined pursuant to s.
1304 195.096, or as subsequently adjusted. However, for those parcels
1305 studied pursuant to s. 195.096(3)(a)1. which are receiving the
1306 assessment limitation set forth in s. 193.155, and for which the
1307 assessed value is less than the just value, the department shall
1308 use the assessed value in the numerator and the denominator of
1309 such assessment ratio. In the event a court has adjudicated that
1310 the department failed to establish an accurate estimate of an
1311 assessment level of a county and recomputation resulting in an
1312 accurate estimate based upon the evidence before the court was
1313 not possible, that county shall be presumed to have an
1314 assessment level equal to that of the state as a whole.
1315 5. If, in the prior year, taxes were levied against an
1316 interim assessment roll pursuant to s. 193.1145, the assessment
1317 level and prior year’s nonexempt assessed valuation used for the
1318 purposes of this paragraph shall be those of the interim
1319 assessment roll.
1320 (c)(d) Exclusion.—
1321 1. In those instances in which:
1322 a. There is litigation either attacking the authority of
1323 the property appraiser to include certain property on the tax
1324 assessment roll as taxable property or contesting the assessed
1325 value of certain property on the tax assessment roll, and
1326 b. The assessed value of the property in contest involves
1327 more than 6 percent of the total nonexempt assessment roll, the
1328 plaintiff shall provide to the district school board of the
1329 county in which the property is located and to the Department of
1330 Education a certified copy of the petition and receipt for the
1331 good faith payment at the time they are filed with the court.
1332 2. For purposes of computing the required local effort for
1333 each district affected by such petition, the Department of
1334 Education shall exclude from the district’s total nonexempt
1335 assessment roll the assessed value of the property in contest
1336 and shall add the amount of the good faith payment to the
1337 district’s required local effort.
1338 (d)(e) Recomputation.—Following final adjudication of any
1339 litigation on the basis of which an adjustment in taxable value
1340 was made pursuant to paragraph (c) (d), the department shall
1341 recompute the required local effort for each district for each
1342 year affected by such adjustments, utilizing taxable values
1343 approved by the court, and shall adjust subsequent allocations
1344 to such districts accordingly.
1345 (e) Prior period funding adjustment millage.—
1346 1. There shall be an additional millage to be known as the
1347 Prior Period Funding Adjustment Millage levied by a school
1348 district if the prior period unrealized required local effort
1349 funds are greater than zero. The Commissioner of Education shall
1350 calculate the amount of the prior period unrealized required
1351 local effort funds as specified in subparagraph 2. and the
1352 millage required to generate that amount as specified in this
1353 subparagraph. The Prior Period Funding Adjustment Millage shall
1354 be the quotient of the prior period unrealized required local
1355 effort funds divided by the current year taxable value certified
1356 to the Commissioner of Education pursuant to sub-subparagraph
1357 (a)1.a. This levy shall be in addition to the required local
1358 effort millage certified pursuant to this subsection. Such
1359 millage shall not affect the calculation of the current year’s
1360 required local effort and the funds generated by such levy shall
1361 not be included in the district’s Florida Education Finance
1362 Program allocation for that fiscal year. For purpose of the
1363 millage to be included on the Notice of Proposed Taxes, the
1364 Commissioner of Education shall adjust the required local effort
1365 millage computed pursuant to paragraph (a) as adjusted by
1366 paragraph (b) for the current year for any district that levies
1367 a Prior Period Funding Adjustment Millage to include all Prior
1368 Period Funding Adjustment Millage. For the purpose of this
1369 paragraph, there shall be a Prior Period Funding Adjustment
1370 Millage levied for each year certified by the Department of
1371 Revenue pursuant to sub-subparagraph (a)2.a. since the previous
1372 year certification and for which the calculation in sub
1373 subparagraph 2.b. is greater than zero.
1374 2.a. As used in this subparagraph, the term:
1375 (I) “Prior year” means a year certified under sub
1376 subparagraph (a)2.a.
1377 (II) “Preliminary taxable value” means:
1378 (A) If the prior year is the 2009-2010 fiscal year or
1379 later, the taxable value certified to the Commissioner of
1380 Education pursuant to sub-subparagraph (a)1.a.
1381 (B) If the prior year is the 2008-2009 fiscal year or
1382 earlier, the taxable value certified pursuant to the final
1383 calculation as specified in former paragraph (b) as that
1384 paragraph existed in the prior year.
1385 (III) “Final taxable value” means the district’s taxable
1386 value as certified by the property appraiser pursuant to s.
1387 193.122(2) or (3), if applicable. This is the certification that
1388 reflects all final administrative actions of the value
1389 adjustment board.
1390 b. For purposes of this subsection and with respect to each
1391 year certified pursuant to sub-subparagraph (a)2.a., if the
1392 district’s prior year preliminary taxable value is greater than
1393 the district’s prior year final taxable value, the prior period
1394 unrealized required local effort funds are the difference
1395 between the district’s prior year preliminary taxable value and
1396 the district’s prior year final taxable value, multiplied by the
1397 prior year district required local effort millage. If the
1398 district’s prior year preliminary taxable value is less than the
1399 district’s prior year final taxable value, the prior period
1400 unrealized required local effort funds are zero.
1401 (5) DISCRETIONARY MILLAGE COMPRESSION SUPPLEMENT.—The
1402 Legislature shall prescribe in the General Appropriations Act,
1403 pursuant to s. 1011.71(1), the rate of nonvoted current
1404 operating discretionary millage that shall be used to calculate
1405 a discretionary millage compression supplement. If the
1406 prescribed millage generates an amount of funds per unweighted
1407 FTE for the district that is less than the state average, the
1408 district shall receive an amount per FTE that, when added to the
1409 funds per FTE generated by the designated levy, shall equal the
1410 state average. To be eligible for the supplement, a district
1411 must levy the maximum authorized millage pursuant to s. 1011.71.
1412 (6) CATEGORICAL FUNDS.—
1413 (b) If a district school board finds and declares in a
1414 resolution adopted at a regular meeting of the school board that
1415 the funds received for any of the following categorical
1416 appropriations are urgently needed to maintain school board
1417 specified academic classroom instruction, the school board may
1418 consider and approve an amendment to the school district
1419 operating budget transferring the identified amount of the
1420 categorical funds to the appropriate account for expenditure:
1421 1. Funds for student transportation.
1422 2. Funds for safe schools.
1423 3. Funds for supplemental academic instruction.
1424 4. Funds for research-based reading instruction.
1425 5. Funds for instructional materials if all instructional
1426 material purchases have been completed for that fiscal year, but
1427 no sooner than March 1, 2010 2009.
1428 (12) TOTAL ALLOCATION OF STATE FUNDS TO EACH DISTRICT FOR
1429 CURRENT OPERATION.—The total annual state allocation to each
1430 district for current operation for the FEFP shall be distributed
1431 periodically in the manner prescribed in the General
1432 Appropriations Act.
1433 (a) The basic amount for current operation for the FEFP as
1434 determined in subsection (1), multiplied by the district cost
1435 differential factor as determined in subsection (2), plus the
1436 amounts provided for categorical components within the FEFP,
1437 plus the discretionary millage compression supplement as
1438 determined in subsection (5), the amount for the sparsity
1439 supplement as determined in subsection (7), the decline in full
1440 time equivalent students as determined in subsection (8), the
1441 research-based reading instruction allocation as determined in
1442 subsection (9), the allocation for juvenile justice education
1443 programs as determined in subsection (10), the quality assurance
1444 guarantee as determined in subsection (11), less the required
1445 local effort as determined in subsection (4). If the funds
1446 appropriated for the purpose of funding the total amount for
1447 current operation of the FEFP as provided in this paragraph are
1448 not sufficient to pay the state requirement in full, the
1449 department shall prorate the available state funds to each
1450 district in the following manner:
1451 1. Determine the percentage of proration by dividing the
1452 sum of the total amount for current operation, as provided in
1453 this paragraph for all districts collectively, and the total
1454 district required local effort into the sum of the state funds
1455 available for current operation and the total district required
1456 local effort.
1457 2. Multiply the percentage so determined by the sum of the
1458 total amount for current operation as provided in this paragraph
1459 and the required local effort for each individual district.
1460 3. From the product of such multiplication, subtract the
1461 required local effort of each district; and the remainder shall
1462 be the amount of state funds allocated to the district for
1463 current operation.
1464 Section 30. Subsection (7) of section 1011.68, Florida
1465 Statutes, is repealed.
1466 Section 31. Section 1011.685, Florida Statutes, is amended
1467 to read:
1468 1011.685 Class size reduction; operating categorical fund.—
1469 (1) There is created an operating categorical fund for
1470 implementing the class size reduction provisions of s. 1, Art.
1471 IX of the State Constitution. These funds shall be allocated to
1472 each school district in the amount prescribed by the Legislature
1473 in the General Appropriations Act.
1474 (2) Class size reduction operating categorical funds shall
1475 be used by school districts to reduce class size as required in
1476 s. 1003.03, or the funds may be used for any lawful operating
1477 expenditure; however, priority shall be given to increasing
1478 salaries of classroom teachers. for the following:
1479 (a) To reduce class size in any lawful manner, if the
1480 district has not met the constitutional maximums identified in
1481 s. 1003.03(1) or the reduction of two students per year required
1482 by s. 1003.03(2).
1483 (b) For any lawful operating expenditure, if the district
1484 has met the constitutional maximums identified in s. 1003.03(1)
1485 or the reduction of two students per year required by s.
1486 1003.03(2); however, priority shall be given to increase
1487 salaries of classroom teachers as defined in s. 1012.01(2)(a)
1488 and to implement the differentiated-pay provisions detailed in
1489 s. 1012.22.
1490 Section 32. Paragraph (b) of subsection (4) of section
1491 1011.69, Florida Statutes, is repealed.
1492 Section 33. Section 1011.71, Florida Statutes, as amended
1493 by section 12 of chapter 2009-3, Laws of Florida, is amended to
1494 read:
1495 1011.71 District school tax.—
1496 (1) If the district school tax is not provided in the
1497 General Appropriations Act or the substantive bill implementing
1498 the General Appropriations Act, each district school board
1499 desiring to participate in the state allocation of funds for
1500 current operation as prescribed by s. 1011.62(12) shall levy on
1501 the taxable value for school purposes of the district, exclusive
1502 of millage voted under the provisions of s. 9(b) or s. 12, Art.
1503 VII of the State Constitution, a millage rate not to exceed the
1504 amount certified by the commissioner as the minimum millage rate
1505 necessary to provide the district required local effort for the
1506 current year, pursuant to s. 1011.62(4)(a)1. In addition to the
1507 required local effort millage levy, each district school board
1508 may levy a nonvoted current operating discretionary millage. The
1509 Legislature shall prescribe annually in the appropriations act
1510 the maximum amount of millage a district may levy.
1511 (2) In addition to the maximum millage levy as provided in
1512 subsection (1), each school board may levy not more than 1.5
1513 1.75 mills against the taxable value for school purposes for
1514 district schools, including charter schools at the discretion of
1515 the school board, to fund:
1516 (a) New construction and remodeling projects, as set forth
1517 in s. 1013.64(3)(b) and (6)(b) and included in the district’s
1518 educational plant survey pursuant to s. 1013.31, without regard
1519 to prioritization, sites and site improvement or expansion to
1520 new sites, existing sites, auxiliary facilities, athletic
1521 facilities, or ancillary facilities.
1522 (b) Maintenance, renovation, and repair of existing school
1523 plants or of leased facilities to correct deficiencies pursuant
1524 to s. 1013.15(2).
1525 (c) The purchase, lease-purchase, or lease of school buses.
1526 (d) Effective July 1, 2008, the purchase, lease-purchase,
1527 or lease of new and replacement equipment, and enterprise
1528 resource software applications that are classified as capital
1529 assets in accordance with definitions of the Governmental
1530 Accounting Standards Board, have a useful life of at least 5
1531 years, and are used to support districtwide administration or
1532 state-mandated reporting requirements.
1533 (e) Payments for educational facilities and sites due under
1534 a lease-purchase agreement entered into by a district school
1535 board pursuant to s. 1003.02(1)(f) or s. 1013.15(2), not
1536 exceeding, in the aggregate, an amount equal to three-fourths of
1537 the proceeds from the millage levied by a district school board
1538 pursuant to this subsection. For the 2009-2010 fiscal year, the
1539 three-fourths limit is waived for lease-purchase agreements
1540 entered into before June 30, 2009, by a district school board
1541 pursuant to this paragraph.
1542 (f) Payment of loans approved pursuant to ss. 1011.14 and
1543 1011.15.
1544 (g) Payment of costs directly related to complying with
1545 state and federal environmental statutes, rules, and regulations
1546 governing school facilities.
1547 (h) Payment of costs of leasing relocatable educational
1548 facilities, of renting or leasing educational facilities and
1549 sites pursuant to s. 1013.15(2), or of renting or leasing
1550 buildings or space within existing buildings pursuant to s.
1551 1013.15(4).
1552 (i) Payment of the cost of school buses when a school
1553 district contracts with a private entity to provide student
1554 transportation services if the district meets the requirements
1555 of this paragraph.
1556 1. The district’s contract must require that the private
1557 entity purchase, lease-purchase, or lease, and operate and
1558 maintain, one or more school buses of a specific type and size
1559 that meet the requirements of s. 1006.25.
1560 2. Each such school bus must be used for the daily
1561 transportation of public school students in the manner required
1562 by the school district.
1563 3. Annual payment for each such school bus may not exceed
1564 10 percent of the purchase price of the state pool bid.
1565 4. The proposed expenditure of the funds for this purpose
1566 must have been included in the district school board’s notice of
1567 proposed tax for school capital outlay as provided in s.
1568 200.065(10).
1569 (j) Payment of the cost of the opening day collection for
1570 the library media center of a new school.
1571 (3)(a) Notwithstanding subsection (2), if the revenue from
1572 1.5 mills is insufficient to meet the payments due under a
1573 lease-purchase agreement entered into before June 30, 2009, by a
1574 district school board pursuant to paragraph (2)(e), or to meet
1575 other critical district fixed capital outlay needs, the board,
1576 in addition to the 1.5 mills, may levy up to 0.25 mills for
1577 fixed capital outlay in lieu of levying an equivalent amount of
1578 the discretionary mills for operations as provided in the
1579 General Appropriations Act. Millage levied pursuant to this
1580 subsection is subject to the provisions of s. 200.065 and,
1581 combined with the 1.5 mills authorized in subsection (2), may
1582 not exceed 1.75 mills. If the district chooses to use up to 0.25
1583 mills for fixed capital outlay, the compression adjustment
1584 pursuant to s. 1011.62(5) shall be calculated for the standard
1585 discretionary millage that is not eligible for transfer to
1586 capital outlay.
1587 (b) In addition to the millage authorized in this section,
1588 each district school board may, by a super majority vote, levy
1589 an additional 0.25 mills for critical capital outlay needs or
1590 for critical operating needs. If levied for capital outlay,
1591 expenditures shall be subject to the requirements of this
1592 section. If levied for operations, expenditures shall be
1593 consistent with the requirements for operating funds received
1594 pursuant to s. 1011.62. If the district levies this additional
1595 0.25 mills for operations, the compression adjustment pursuant
1596 to s. 1011.62(5) shall be calculated and added to the district’s
1597 FEFP allocation. Millage levied pursuant to this paragraph is
1598 subject to the provisions of s. 200.065. In order to be
1599 continued, millage levied pursuant to this paragraph must be
1600 approved by the voters of the district at the next general
1601 election.
1602 (4)(3) If the revenue from the millage authorized in
1603 subsection (2) is insufficient to make payments due under a
1604 lease-purchase agreement entered into prior to June 30, 2008, by
1605 a district school board pursuant to paragraph (2)(e), an amount
1606 up to 0.5 0.25 mills of the taxable value for school purposes
1607 within the school district shall be legally available for such
1608 payments, notwithstanding other restrictions on the use of such
1609 revenues imposed by law.
1610 (5)(4) Effective July 1, 2008, and through June 30, 2010, a
1611 school district may expend, subject to the provisions of s.
1612 200.065, up to $100 per unweighted full-time equivalent student
1613 from the revenue generated by the millage levy authorized by
1614 subsection (2) to fund, in addition to expenditures authorized
1615 in paragraphs (2)(a)-(j), expenses for the following:
1616 (a) The purchase, lease-purchase, or lease of driver’s
1617 education vehicles; motor vehicles used for the maintenance or
1618 operation of plants and equipment; security vehicles; or
1619 vehicles used in storing or distributing materials and
1620 equipment.
1621 (b) Payment of the cost of premiums for property and
1622 casualty insurance necessary to insure school district
1623 educational and ancillary plants. Operating revenues that are
1624 made available through the payment of property and casualty
1625 insurance premiums from revenues generated under this subsection
1626 may be expended only for nonrecurring operational expenditures
1627 of the school district.
1628 (6)(5) Violations of the expenditure provisions in
1629 subsection (2) or subsection (4) shall result in an equal dollar
1630 reduction in the Florida Education Finance Program (FEFP) funds
1631 for the violating district in the fiscal year following the
1632 audit citation.
1633 (7)(6) These taxes shall be certified, assessed, and
1634 collected as prescribed in s. 1011.04 and shall be expended as
1635 provided by law.
1636 (8)(7) Nothing in s. 1011.62(4)(a)1. shall in any way be
1637 construed to increase the maximum school millage levies as
1638 provided for in subsection (1).
1639 (9)(8) In addition to the maximum millage levied under this
1640 section and the General Appropriations Act, a school district
1641 may levy, by local referendum or in a general election,
1642 additional millage for school operational purposes up to an
1643 amount that, when combined with nonvoted millage levied under
1644 this section, does not exceed the 10-mill limit established in
1645 s. 9(b), Art. VII of the State Constitution. Any such levy shall
1646 be for a maximum of 4 years and shall be counted as part of the
1647 10-mill limit established in s. 9(b), Art. VII of the State
1648 Constitution. Millage elections conducted under the authority
1649 granted pursuant to this section are subject to s. 1011.73.
1650 Funds generated by such additional millage do not become a part
1651 of the calculation of the Florida Education Finance Program
1652 total potential funds in 2001-2002 or any subsequent year and
1653 must not be incorporated in the calculation of any hold-harmless
1654 or other component of the Florida Education Finance Program
1655 formula in any year. If an increase in required local effort,
1656 when added to existing millage levied under the 10-mill limit,
1657 would result in a combined millage in excess of the 10-mill
1658 limit, any millage levied pursuant to this subsection shall be
1659 considered to be required local effort to the extent that the
1660 district millage would otherwise exceed the 10-mill limit.
1661 Section 34. If the Commissioner of Education determines
1662 that a school district acted in good faith, he or she may waive
1663 the equal-dollar reduction, required in s. 1011.71, Florida
1664 Statutes, for audit findings during the 2007-2008 fiscal year
1665 which were related to the purchase of software.
1666 Section 35. Paragraph (g) of subsection (3) of section
1667 1012.33, Florida Statutes, is amended, and subsection (9) is
1668 added to that section, to read:
1669 1012.33 Contracts with instructional staff, supervisors,
1670 and school principals.—
1671 (3)
1672 (g) Beginning July 1, 2001, for each employee who enters
1673 into a written contract, pursuant to this section, in a school
1674 district in which the employee was not employed as of June 30,
1675 2001, or was employed as of June 30, 2001, but has since broken
1676 employment with that district for 1 school year or more, for
1677 purposes of pay, a district school board must recognize and
1678 accept each year of full-time public school teaching service
1679 earned in the State of Florida or outside the state and for
1680 which the employee received a satisfactory performance
1681 evaluation; however, an employee may voluntarily waive this
1682 provision. Instructional personnel employed pursuant to s.
1683 121.091(9)(b)3. are exempt from the provisions of this
1684 paragraph.
1685 (9) Notwithstanding this section or any other law or rule
1686 to the contrary, for the 2009-2010 and 2010-2011 fiscal years,
1687 district school boards should not enter into a new professional
1688 service contract if the only funds available to pay such
1689 contract are from nonrecurring Federal Stabilization Funds.
1690 Section 36. Subsection (1) of section 1012.59, Florida
1691 Statutes, is amended to read:
1692 1012.59 Certification fees.—
1693 (1) The State Board of Education, by rule, shall establish
1694 separate fees for applications, examinations, certification,
1695 certification renewal, late renewal, recordmaking, and
1696 recordkeeping, and may establish procedures for scheduling and
1697 administering an examination upon an applicant’s request. Each
1698 fee shall be based on department estimates of the revenue
1699 required to implement the provisions of law with respect to
1700 certification of school personnel. The application fee shall be
1701 nonrefundable. Each examination fee shall be sufficient to cover
1702 the actual cost of developing and administering the examination,
1703 but shall not exceed $100 for an examination.
1704 Section 37. Subsection (6) is added to section 1012.71,
1705 Florida Statutes, to read:
1706 1012.71 The Florida Teachers Lead Program.—
1707 (6) For the 2009-2010 fiscal year, the Department of
1708 Education is authorized to conduct a pilot program to determine
1709 the feasibility of managing the Florida Teachers Lead Program
1710 through a centralized electronic system. The pilot program must:
1711 (a) Be established through a competitive procurement
1712 process;
1713 (b) Provide the capability for participating teachers to
1714 purchase from online sources;
1715 (c) Provide the capability for participating teachers to
1716 purchase from local vendors by means other than online
1717 purchasing;
1718 (d) Generally comply with the provisions of this section;
1719 (e) Be subject to annual auditing requirements to ensure
1720 accountability for funds received and disbursed; and
1721 (f) Provide for all unused funds to be returned to the
1722 state at the close of each fiscal year.
1723
1724 Any participation in this pilot program by school districts and
1725 individual teachers must be on a voluntary basis. The department
1726 may limit the number of participating districts to the number it
1727 deems feasible to adequately measure the viability of the pilot
1728 program. The department is not required to implement this pilot
1729 program if it determines that the number of school districts
1730 willing to participate is insufficient to adequately measure the
1731 viability of the pilot program.
1732 Section 38. Subsection (6) is added to section 1013.37,
1733 Florida Statutes, to read:
1734 1013.37 State uniform building code for public educational
1735 facilities construction.—
1736 (6) Notwithstanding the requirements of section 22 of
1737 chapter 2008-227, Laws of Florida, the standards for new school
1738 construction, remodeling, and renovation projects shall be
1739 limited to the minimum standards for construction of educational
1740 facilities contained in section 423 of the Florida Building Code
1741 and the State Requirements for Educational Facilities contained
1742 in rules adopted by the Department of Education. This subsection
1743 expires July 1, 2010.
1744 Section 39. Subsection (1) of section 1013.62, Florida
1745 Statutes, is amended, and paragraphs (f), (g), and (h) are added
1746 to subsection (2) of that section, to read:
1747 1013.62 Charter schools capital outlay funding.—
1748 (1) In each year in which funds are appropriated for
1749 charter school capital outlay purposes, the Commissioner of
1750 Education shall allocate the funds among eligible charter
1751 schools.
1752 (a) To be eligible for a funding allocation, a charter
1753 school must:
1754 1.a.(a)1. Have been in operation for 3 or more years;
1755 b. Be governed by a governing board established in the
1756 state for 3 or more years which operates both charter schools
1757 and conversion charter schools within the state;
1758 c.2. Be an expanded feeder chain of a charter school within
1759 the same school district that is currently receiving charter
1760 school capital outlay funds; or
1761 d.3. Have been accredited by the Commission on Schools of
1762 the Southern Association of Colleges and Schools.
1763 2.(b) Have financial stability for future operation as a
1764 charter school.
1765 3.(c) Have satisfactory student achievement based on state
1766 accountability standards applicable to the charter school.
1767 4.(d) Have received final approval from its sponsor
1768 pursuant to s. 1002.33 for operation during that fiscal year.
1769 5.(e) Serve students in facilities that are not provided by
1770 the charter school’s sponsor.
1771 (b) The first priority for charter school capital outlay
1772 funding is shall be to allocate to the charter schools that
1773 received funding in the 2005-2006 fiscal year an allocation of
1774 the same amount per capital outlay full-time equivalent student,
1775 up to the lesser of the actual number of capital outlay full
1776 time equivalent students in the current year, or the capital
1777 outlay full-time equivalent students in the 2005-2006 fiscal
1778 year. After calculating the first priority, the second priority
1779 is shall be to allocate excess funds remaining in the
1780 appropriation in an amount equal to the per capital outlay full
1781 time equivalent student amount in the first priority calculation
1782 to eligible charter schools not included in the first priority
1783 calculation and to schools in the first priority calculation
1784 with growth greater than in excess of the 2005-2006 capital
1785 outlay full-time equivalent students. After calculating the
1786 first and second priorities, excess funds remaining in the
1787 appropriation must shall be allocated to all eligible charter
1788 schools.
1789 (c) A charter school’s allocation may shall not exceed one
1790 fifteenth of the cost per student station specified in s.
1791 1013.64(6)(b). Before releasing Prior to the release of capital
1792 outlay funds to a school district on behalf of the charter
1793 school, the Department of Education must shall ensure that the
1794 district school board and the charter school governing board
1795 enter into a written agreement that provides includes provisions
1796 for the reversion of any unencumbered funds and all equipment
1797 and property purchased with public education funds to the
1798 ownership of the district school board, as provided for in
1799 subsection (3) if, in the event that the school terminates
1800 operations. Any funds recovered by the state shall be deposited
1801 in the General Revenue Fund.
1802 (d) A charter school is not eligible for a funding
1803 allocation if it was created by the conversion of a public
1804 school and operates in facilities provided by the charter
1805 school’s sponsor for a nominal fee, or at no charge, or if it is
1806 directly or indirectly operated by the school district.
1807 (e) Unless otherwise provided in the General Appropriations
1808 Act, the funding allocation for each eligible charter school is
1809 shall be determined by multiplying the school’s projected
1810 student enrollment by one-fifteenth of the cost-per-student
1811 station specified in s. 1013.64(6)(b) for an elementary, middle,
1812 or high school, as appropriate. If the funds appropriated are
1813 not sufficient, the commissioner shall prorate the available
1814 funds among eligible charter schools. However, a no charter
1815 school or charter lab school may not shall receive state charter
1816 school capital outlay funds greater than in excess of the one
1817 fifteenth cost per student station formula if the charter
1818 school’s combination of state charter school capital outlay
1819 funds, capital outlay funds calculated through the reduction in
1820 the administrative fee provided in s. 1002.33(20), and capital
1821 outlay funds allowed in s. 1002.32(9)(e) and (h) exceeds the
1822 one-fifteenth cost per student station formula.
1823 (f) Funds shall be distributed on the basis of the capital
1824 outlay full-time equivalent membership by grade level, which is
1825 shall be calculated by averaging the results of the second and
1826 third enrollment surveys. The Department of Education shall
1827 distribute capital outlay funds monthly, beginning in the first
1828 quarter of the fiscal year, based on one-twelfth of the amount
1829 the department reasonably expects the charter school to receive
1830 during that fiscal year. The commissioner shall adjust
1831 subsequent distributions as necessary to reflect each charter
1832 school’s actual student enrollment as reflected in the second
1833 and third enrollment surveys. The commissioner shall establish
1834 the intervals and procedures for determining the projected and
1835 actual student enrollment of eligible charter schools.
1836 (2) A charter school’s governing body may use charter
1837 school capital outlay funds for the following purposes:
1838 (f) Effective July 1, 2008, purchase, lease-purchase, or
1839 lease of new and replacement equipment, and enterprise resource
1840 software applications that are classified as capital assets in
1841 accordance with definitions of the Governmental Accounting
1842 Standards Board, have a useful life of at least 5 years, and are
1843 used to support schoolwide administration or state-mandated
1844 reporting requirements.
1845 (g) Payment of the cost of premiums for property and
1846 casualty insurance necessary to insure the school facilities.
1847 (h) Purchase, lease-purchase, or lease of driver’s
1848 education vehicles; motor vehicles used for the maintenance or
1849 operation of plants and equipment; security vehicles; or
1850 vehicles used in storing or distributing materials and
1851 equipment.
1852
1853 Conversion charter schools may use capital outlay funds received
1854 through the reduction in the administrative fee provided in s.
1855 1002.33(20) for renovation, repair, and maintenance of school
1856 facilities that are owned by the sponsor.
1857 Section 40. Paragraph (b) of subsection (6) of section
1858 1013.64, Florida Statutes, as amended by section 14 of chapter
1859 2009-3, Laws of Florida, is amended, and subsection (7) is added
1860 to that section, to read:
1861 1013.64 Funds for comprehensive educational plant needs;
1862 construction cost maximums for school district capital
1863 projects.—Allocations from the Public Education Capital Outlay
1864 and Debt Service Trust Fund to the various boards for capital
1865 outlay projects shall be determined as follows:
1866 (6)
1867 (b)1. A district school board, including a district school
1868 board of an academic performance-based charter school district,
1869 must not use funds from the following sources: Public Education
1870 Capital Outlay and Debt Service Trust Fund; School District and
1871 Community College District Capital Outlay and Debt Service Trust
1872 Fund; Classrooms First Program funds provided in s. 1013.68;
1873 effort index grant funds provided in s. 1013.73; nonvoted 1.5
1874 mill 1.75-mill levy of ad valorem property taxes provided in s.
1875 1011.71(2); Classrooms for Kids Program funds provided in s.
1876 1013.735; District Effort Recognition Program funds provided in
1877 s. 1013.736; or High Growth District Capital Outlay Assistance
1878 Grant Program funds provided in s. 1013.738 for any new
1879 construction of educational plant space with a total cost per
1880 student station, including change orders, that equals more than:
1881 a. $17,952 for an elementary school,
1882 b. $19,386 for a middle school, or
1883 c. $25,181 for a high school,
1884
1885 (January 2006) as adjusted annually to reflect increases or
1886 decreases in the Consumer Price Index.
1887 2. A district school board must not use funds from the
1888 Public Education Capital Outlay and Debt Service Trust Fund or
1889 the School District and Community College District Capital
1890 Outlay and Debt Service Trust Fund for any new construction of
1891 an ancillary plant that exceeds 70 percent of the average cost
1892 per square foot of new construction for all schools.
1893 (7) Notwithstanding subsection (2), the district school
1894 board of Wakulla County shall contribute 1 mill in the 2009-2010
1895 fiscal year and 0.5 mill in the 2010-2011 fiscal year to the
1896 cost of currently funded special facilities construction
1897 projects. The district school board of Liberty County shall
1898 contribute 1 mill for each of the fiscal years 2009-2010 through
1899 2011-2012 to the cost of currently funded special facilities
1900 construction projects. If funds are made available in the
1901 General Appropriations Act for the 2009-2010 fiscal year for the
1902 district school board of Calhoun County from the Special
1903 Facilities Construction Account, the district school board shall
1904 contribute 1.125 mills for each of the fiscal years from 2009
1905 2010 through 2012-2013 to the cost of funded special facilities
1906 construction projects.
1907 Section 41. Section 9 of chapter 2008-142, Laws of Florida,
1908 is repealed.
1909 Section 42. In order to implement Specific Appropriations
1910 5A, 6, 7, 76, and 77 of the General Appropriations Act for the
1911 2009-2010 fiscal year, the calculations of the Florida Education
1912 Finance Program for the 2009-2010 fiscal year in the document
1913 entitled “Public School Funding - The Florida Education Finance
1914 Program,” dated May 5, 2009, and filed with the Secretary of the
1915 Senate are incorporated by reference for the purpose of
1916 displaying the calculations used by the Legislature, consistent
1917 with requirements of the Florida Statutes, in making
1918 appropriations for the Florida Education Finance Program.
1919 Section 43. This act shall take effect July 1, 2009.
1920
1921 ================= T I T L E A M E N D M E N T ================
1922 And the title is amended as follows:
1923 Delete everything before the enacting clause
1924 and insert:
1925 A bill to be entitled
1926 An act relating to education funding; creating part IX
1927 of ch. 159, F.S.; providing a short title; providing a
1928 purpose; providing definitions; requiring that the
1929 State Board of Education establish a program for
1930 allocating the state volume limitation imposed by the
1931 Internal Revenue Code on qualified school
1932 constructions bonds; requiring that the Department of
1933 Education administer such program; providing criteria
1934 for determining whether to grant a request for the
1935 volume limitation; requiring that the department
1936 annually determine the amount of qualified school
1937 construction bonds permitted to be issued and make
1938 such information available to the public; requiring
1939 that any unused volume limitation at the end of each
1940 calendar year be carried forward; requiring that the
1941 State Board of Education and the Department of
1942 Education adopt rules; amending s. 1001.20, F.S.;
1943 requiring that the Office of Technology and
1944 Information Services within the Office of the
1945 Commissioner of Education assist school districts in
1946 securing Internet access and telecommunications
1947 services that are eligible for funding under the
1948 Schools and Libraries Program of the federal Universal
1949 Service Fund; creating s. 1001.271, F.S.; requiring
1950 that the Commissioner of Education purchase the
1951 nondiscounted portion of Internet access services for
1952 the Florida Information Resource Network; requiring
1953 each school district, the Florida School for the Deaf
1954 and the Blind, and the Regional Education Consortia
1955 that are eligible for the e-rate to submit a
1956 requisition to the commissioner for at least the same
1957 level of Internet access services used in the 2008
1958 2009 fiscal year; requiring that each user of the
1959 network identify the source of funds in its
1960 requisition; amending s. 1001.28, F.S.; revising the
1961 Department of Education’s duties regarding distance
1962 learning; amending s. 1001.395, F.S.; requiring that
1963 the salary of district school board members be the
1964 same amount as the annual calculation or the
1965 district’s beginning salary for teachers who hold
1966 baccalaureate degrees, whichever is less, for a
1967 specified period; amending s. 1001.42, F.S.; revising
1968 provisions relating to the number of days that all
1969 schools are required to operate; clarifying provisions
1970 authorizing the payment of earned leave and benefits
1971 accrued by a district school board employee before his
1972 or her employment contract expires; amending s.
1973 1001.451, F.S.; delaying the expiration of provisions
1974 relating to the amount of funding distributed to each
1975 school district and eligible member of a regional
1976 consortium service organization; amending s. 1001.47,
1977 F.S.; authorizing elected district school
1978 superintendents to reduce their salary rates on a
1979 voluntary basis; requiring that each elected district
1980 school superintendent’s salary be reduced by 2 percent
1981 for the 2009-2010 fiscal year; amending s. 1001.50,
1982 F.S.; clarifying provisions authorizing the payment of
1983 earned leave and benefits accrued by a district school
1984 superintendent before his or her employment contract
1985 terminates; limiting the amount of remuneration that a
1986 district school superintendent receives annually from
1987 state funds; providing a definition for the term
1988 “remuneration”; limiting the use of the
1989 superintendent’s compensation in calculating benefits
1990 under ch. 121, F.S.; encouraging district school
1991 boards and superintendents to review the
1992 superintendent’s annual remuneration for the 2009-2010
1993 fiscal year and mutually agree to at least a 5 percent
1994 reduction; amending s. 1002.37, F.S.; providing that
1995 the Florida Virtual School may not receive additional
1996 state funds for the purpose of fulfilling the class
1997 size requirements; amending s. 1002.45, F.S.; revising
1998 provisions relating to school district virtual
1999 instruction programs; providing definitions;
2000 authorizing school districts to offer virtual
2001 instruction programs through various methods;
2002 specifying additional requirements for providers of
2003 virtual instruction programs; providing requirements
2004 for retention of approved provider status; providing
2005 requirements for school district contracts with
2006 providers; revising student eligibility criteria for
2007 enrollment in school district virtual instruction
2008 programs; revising funding and reporting provisions;
2009 revising assessment and accountability provisions for
2010 approved providers; providing for publication of
2011 school grades and school improvement ratings; revising
2012 contract termination requirements; deleting obsolete
2013 provisions; requiring that the Department of Education
2014 review and report on the advisability of authorizing
2015 approved private providers to provide specified
2016 virtual instruction programs; amending s. 1002.71,
2017 F.S.; revising provisions relating to the funding of
2018 prekindergarten programs; amending s. 1003.02, F.S.;
2019 conforming provisions to changes made by the act;
2020 amending s. 1003.03, F.S.; extending dates relating to
2021 the calculation of the number of students for purposes
2022 of complying with the maximum-class-size requirement;
2023 providing duties for the Department of Education if
2024 the department determines that the number of students
2025 assigned to any individual class exceeds the class
2026 size maximum; providing for the reduction of the
2027 class-size-reduction operating categorical allocation
2028 under certain circumstances; requiring that the
2029 department prepare a simulated calculation; amending
2030 s. 1004.55, F.S.; providing that the regional autism
2031 center at Florida State University, which is currently
2032 located at the Department of Communication Disorders,
2033 be located at the College of Medicine at Florida State
2034 University; amending s. 1006.06, F.S.; providing that
2035 universal school breakfast programs be offered only in
2036 schools in which 80 percent or more of the students
2037 are eligible for free or reduced price meals; revising
2038 provisions relating to school breakfast programs to
2039 include state allocations; amending s. 1006.21, F.S.;
2040 revising provisions relating to the duties of district
2041 school superintendents and district school boards
2042 regarding transportation; requiring that contiguous
2043 school districts make provisions for reciprocal
2044 policies and agreements for contracts for school bus
2045 transportation services, inspections, and screening
2046 requirements for public schools and public charter
2047 schools; amending s. 1006.28, F.S.; clarifying the
2048 definition of the term “adequate instructional
2049 materials”; amending s. 1006.40, F.S.; revising
2050 provisions relating to the use of the instructional
2051 materials allocation; authorizing the Commissioner of
2052 Education to waive for certain schools within a
2053 district a requirement to purchase current
2054 instructional materials; amending s. 1007.25, F.S.;
2055 prohibiting public postsecondary educational
2056 institutions from conferring an associate in arts or
2057 baccalaureate degree upon any student who fails to
2058 successfully complete certain requirements; providing
2059 for a waiver and appeal process for students who have
2060 a specific learning disability; requiring that each
2061 public postsecondary educational institution establish
2062 a committee to consider requests for such waivers;
2063 providing for committee membership; repealing s.
2064 1008.29, F.S., relating to the college-level
2065 communication and mathematics skills examination;
2066 amending s. 1008.41, F.S.; authorizing rather than
2067 requiring the Commissioner of Education to employ the
2068 Florida Information Resource Network to perform
2069 certain functions relating to workforce education;
2070 creating s. 1010.06, F.S.; prohibiting the Division of
2071 Public Schools within the Department of Education from
2072 using state funds appropriated by the Legislature to
2073 pay indirect costs to a university, community college,
2074 school district, or other entity; amending s. 1010.11,
2075 F.S.; authorizing each district school board,
2076 community college board of trustees, and university
2077 board of trustees to electronically transfer funds for
2078 payment; amending s. 1011.09, F.S.; prohibiting a
2079 district school board from using funds for out-of
2080 state travel, cellular phones, cellular phone service,
2081 personal digital assistants, or any other mobile
2082 wireless communication device or service through any
2083 means, unless otherwise specifically approved by the
2084 district school board; amending s. 1011.18, F.S.;
2085 authorizing a district school superintendent to
2086 transfer funds from a district school depository to
2087 pay expenses, expenditures, or other disbursements if
2088 proper documentation is provided; amending s. 1011.60,
2089 F.S.; revising the minimum requirements for the
2090 Florida Education Finance Program relating to the term
2091 of operation; amending s. 1011.61, F.S.; redefining
2092 the term “full-time equivalent student”; amending s.
2093 1011.62, F.S.; requiring that a student who is
2094 enrolled in study hall not be included in the
2095 calculation of full-time equivalent student membership
2096 for funding purposes; revising requirements for
2097 calculating the district required local effort;
2098 revising the requirements for the Department of
2099 Revenue with respect to certification of taxable value
2100 as reflected by final administrative actions of the
2101 value adjustment board; providing for calculating a
2102 prior period funding adjustment millage in addition to
2103 the required local effort millage; providing
2104 definitions; extending a date relating to categorical
2105 funds for instructional materials; deleting provisions
2106 relating to the total allocation of state funds to
2107 each district for current operation for the FEFP;
2108 repealing s. 1011.68(7), F.S., relating to funds for
2109 student transportation; removing a provision that
2110 authorizes a district school board to transfer funds
2111 to its Florida Education Finance Program; amending s.
2112 1011.685, F.S.; revising provisions relating to class
2113 size reduction operating categorical funds; repealing
2114 s. 1011.69(4)(b), relating to funds that are excluded
2115 from the school-level allocation under the Equity in
2116 School-Level Funding Act; amending s. 1011.71, F.S.;
2117 revising certain provisions relating to the district
2118 school tax; waiving the three-fourths limit for
2119 certain lease-purchase agreements for a specified
2120 period; authorizing a district school board to levy an
2121 additional millage for fixed capital outlay under
2122 certain circumstances; authorizing a district school
2123 board to levy, by a super majority vote, an additional
2124 millage for critical capital outlay needs or operating
2125 needs, subject to approval of the electors at the next
2126 general election; authorizing the Commissioner of
2127 Education to waive the equal-dollar reduction in
2128 Florida Education Finance Program funds if he or she
2129 finds that a school district acted in good faith;
2130 amending s. 1012.33, F.S.; revising provisions
2131 relating to contracts for instructional staff;
2132 advising a district school board not to enter into a
2133 new professional service contract if the only
2134 available funds are from nonrecurring Federal
2135 Stabilization Funds; amending s. 1012.59, F.S.;
2136 revising provisions relating to fees for educator
2137 certification; amending s. 1012.71, F.S.; authorizing
2138 the Department of Education to conduct a pilot program
2139 to determine the feasibility of managing the Florida
2140 Teachers Lead Program through a centralized electronic
2141 system; providing requirements for such pilot program;
2142 providing that participation in the pilot program is
2143 voluntary; authorizing the department to limit the
2144 number of participants to adequately test the
2145 viability of the pilot program; amending s. 1013.37,
2146 F.S.; requiring that the standards for new school
2147 construction, remodeling, and renovation projects be
2148 limited to certain minimum standards for construction
2149 of educational facilities in the Florida Building Code
2150 and the State Requirements for Educational Facilities;
2151 providing for future expiration; amending s. 1013.62,
2152 F.S.; revising the criteria for determining a charter
2153 school’s eligibility for capital outlay funding;
2154 amending s. 1013.64, F.S.; revising certain
2155 limitations on the use of nonvoted millage for school
2156 district capital projects; requiring that the school
2157 districts of Wakulla County and Liberty County
2158 contribute specific millage amounts to the cost of
2159 current special facilities projects for specified
2160 fiscal years; repealing s. 9, chapter 2008-142, Laws
2161 of Florida; abrogating the expiration of certain
2162 amendments relating to categorical funding for the
2163 operation of schools; providing for implementation of
2164 specified appropriations; providing for the
2165 incorporation by reference of certain calculations
2166 used by the Legislature for the 2009-2010 fiscal year;
2167 providing an effective date.