Florida Senate - 2009             CONFERENCE COMMITTEE AMENDMENT
       Bill No. CS/CS/SB 1676, 1st Eng.
       
       
       
       
       
       
                                Barcode 654660                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                 Floor: AD/CR          .                                
             05/08/2009 01:05 PM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       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         159.841Short title.—This part may be cited as the “Florida
   12  Qualified School Construction Bond Allocation Act.”
   13         159.842Purpose.—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         159.843Definitions.—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         159.844Allocation 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         159.845Rules.—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         1001.271Florida 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         1010.06Indirect 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.