Florida Senate - 2015                          SENATOR AMENDMENT
       Bill No. CS/SB 602, 1st Eng.
       
       
       
       
       
       
                                Ì896550.Î896550                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/RM         .                                
             04/29/2015 02:52 PM       .                                
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       Senator Gaetz moved the following:
       
    1         Senate Amendment to House Amendment (103497) (with title
    2  amendment)
    3  
    4         Delete lines 5 - 833
    5  and insert:
    6         Section 1. Subsections (2), (4), (5), (6), and (9) of
    7  section 446.021, Florida Statutes, are amended to read:
    8         446.021 Definitions of terms used in ss. 446.011-446.092.
    9  As used in ss. 446.011-446.092, the term:
   10         (2) “Apprentice” means a person at least 16 years of age
   11  who is engaged in learning a recognized skilled trade through
   12  actual work experience under the supervision of journeyworker
   13  journeymen craftsmen, which training should be combined with
   14  properly coordinated studies of related technical and
   15  supplementary subjects, and who has entered into a written
   16  agreement, which may be cited as an apprentice agreement, with a
   17  registered apprenticeship sponsor who may be either an employer,
   18  an association of employers, or a local joint apprenticeship
   19  committee.
   20         (4) “Journeyworker” “Journeyman” means a worker who has
   21  attained certain skills, abilities, and competencies and who is
   22  recognized within an industry as having mastered the skills and
   23  competencies required for the occupation, including, but not
   24  limited to, attainment of a nationally recognized industry
   25  certification. The term includes a mentor, technician,
   26  specialist, or other skilled worker who has documented
   27  sufficient skills and knowledge of an occupation, through formal
   28  apprenticeship, attainment of a nationally recognized industry
   29  certification, or through practical, on-the-job experience or
   30  formal training a person working in an apprenticeable occupation
   31  who has successfully completed a registered apprenticeship
   32  program or who has worked the number of years required by
   33  established industry practices for the particular trade or
   34  occupation.
   35         (5) “Preapprenticeship program” means an organized course
   36  of instruction, including, but not limited to, industry
   37  certifications identified under s. 1008.44, in the public school
   38  system or elsewhere, which course is designed to prepare a
   39  person 16 years of age or older to become an apprentice and
   40  which course is approved by and registered with the department
   41  and sponsored by a registered apprenticeship program.
   42         (6) “Apprenticeship program” means an organized course of
   43  instruction, including, but not limited to, industry
   44  certifications identified under s. 1008.44, registered and
   45  approved by the department, which course shall contain all terms
   46  and conditions for the qualifications, recruitment, selection,
   47  employment, and training of apprentices including such matters
   48  as the requirements for a written apprenticeship agreement.
   49         (9) “Related instruction” means an organized and systematic
   50  form of instruction designed to provide the apprentice with
   51  knowledge of the theoretical and technical subjects related to a
   52  specific trade or occupation. Such instruction may be given in a
   53  classroom, through occupational or industrial courses, or by
   54  correspondence courses of equivalent value, including electronic
   55  media or other forms of self-study instruction approved by the
   56  department.
   57         Section 2. Section 446.032, Florida Statutes, is amended to
   58  read:
   59         446.032 General duties of the department for apprenticeship
   60  training.—The department shall:
   61         (1) Establish uniform minimum standards and policies
   62  governing apprentice programs and agreements. The standards and
   63  policies shall govern the terms and conditions of the
   64  apprentice’s employment and training, including the quality
   65  training of the apprentice for, but not limited to, such matters
   66  as ratios of apprentices to journeyworkers journeymen, safety,
   67  related instruction, and on-the-job training; but these
   68  standards and policies may not include rules, standards, or
   69  guidelines that require the use of apprentices and job trainees
   70  on state, county, or municipal contracts. The department may
   71  adopt rules necessary to administer the standards and policies.
   72         (2) Establish procedures to be used by the State
   73  Apprenticeship Advisory Council.
   74         (3) Collaborate with the Department of Economic Opportunity
   75  to identify, develop, and register apprenticeship programs that
   76  are aligned with statewide demand for a skilled labor force in
   77  high-demand occupations and with regional workforce needs.
   78  Beginning in the 2015-2016 fiscal year, the department shall
   79  annually, by December 31, submit an accountability report, which
   80  must include information related to program usage, student
   81  demographics and performance outcomes, and program requirements
   82  for the existing apprenticeship and preapprenticeship programs
   83  and the development of new programs. The report must include
   84  regional information about program and student performance
   85  outcomes. The report must be submitted to the Governor, the
   86  President of the Senate, the Speaker of the House of
   87  Representatives, and the Higher Education Coordinating Council.
   88         (4) Post on its Internet website information regarding
   89  apprenticeship programs, which must, at a minimum, include:
   90         (a) Program admission requirements;
   91         (b) Program standards and training requirements; and
   92         (c) A summary of program and student performance outcomes.
   93         Section 3. Paragraph (b) of subsection (2) of section
   94  446.045, Florida Statutes, is amended to read:
   95         446.045 State Apprenticeship Advisory Council.—
   96         (2)
   97         (b) The Commissioner of Education or the commissioner’s
   98  designee shall serve ex officio as chair of the State
   99  Apprenticeship Advisory Council, but may not vote. The state
  100  director of the Office of Apprenticeship of the United States
  101  Department of Labor shall serve ex officio as a nonvoting member
  102  of the council. The Governor shall appoint to the council four
  103  members representing employee organizations and four members
  104  representing employer organizations. Each of these eight members
  105  shall represent industries that have registered apprenticeship
  106  programs. The Governor shall also appoint two public members who
  107  are knowledgeable about registered apprenticeship and
  108  apprenticeable occupations, who are independent of any joint or
  109  nonjoint organization one of whom shall be recommended by joint
  110  organizations, and one of whom shall be recommended by nonjoint
  111  organizations. Members shall be appointed for 4-year staggered
  112  terms. A vacancy shall be filled for the remainder of the
  113  unexpired term.
  114         Section 4. Subsections (5) and (6) are added to section
  115  446.052, Florida Statutes, to read:
  116         446.052 Preapprenticeship program.—
  117         (5) The department shall collaborate with the Department of
  118  Economic Opportunity to identify, develop, and register
  119  preapprenticeship programs that are aligned with statewide
  120  demand for a skilled labor force in high-demand occupations and
  121  with regional workforce needs. Beginning in the 2015-2016 fiscal
  122  year, the department shall annually, by December 31, submit an
  123  accountability report, which must include information related to
  124  program usage, student demographics and performance outcomes,
  125  and program requirements for the existing apprenticeship and
  126  preapprenticeship programs and the development of new programs.
  127  The report must include regional information about program and
  128  student performance outcomes. The report must be submitted to
  129  the Governor, the President of the Senate, the Speaker of the
  130  House of Representatives, and the Higher Education Coordinating
  131  Council.
  132         (6) The department shall post on its Internet website
  133  information regarding preapprenticeship programs, which must, at
  134  a minimum, include:
  135         (a) Program admission requirements;
  136         (b) Program standards and training requirements; and
  137         (c) A summary of program and student performance outcomes.
  138         Section 5. Preapprenticeship and apprenticeship operational
  139  report.—(1) By December 31, 2015, the Department of Education,
  140  in collaboration with the Department of Economic Opportunity and
  141  CareerSource Florida, Inc., shall submit an operational report
  142  to the Governor, the President of the Senate, the Speaker of the
  143  House of Representatives, and the Higher Education Coordinating
  144  Council providing:
  145         (a) A summary of the activities and coordination between
  146  the two agencies to identify, develop, register, and administer
  147  preapprenticeship and apprenticeship programs over the last 5
  148  years.
  149         (b)The strategies employed by the two agencies to engage
  150  school districts, Florida College System institutions, technical
  151  centers, businesses, and other stakeholders as partners in the
  152  workforce system to expand employment opportunities for
  153  individuals, including, but not limited to, those individuals
  154  with unique abilities, which must include work-based learning
  155  experiences, such as preapprenticeships and apprenticeships.
  156         (c) Recommendations to maximize the resources of the two
  157  agencies to gain efficiency in program development,
  158  administration, and funding and make program governance changes
  159  to improve the delivery and management of preapprenticeship and
  160  apprenticeship programs based on workforce demands. These
  161  recommendations must take into account federal resources and
  162  must include any necessary or suggested changes to the programs
  163  ensuing from implementation of the Workforce Innovation and
  164  Opportunity Act of 2014 and related regulations.
  165         (d) Recommendations and strategies for the two agencies to
  166  communicate effectively with employers in this state and ensure
  167  that employers have access to information and consultative
  168  services, at no cost to the employers, regarding sponsorship of
  169  demand-driven, registered preapprenticeship and apprenticeship
  170  programs and information about the availability of program
  171  students for employment.
  172         (e) An evaluation of the feasibility of linking or
  173  incorporating, and of the resources necessary to link or
  174  incorporate, the Department of Education’s website information
  175  on preapprenticeship and apprenticeship programs with the
  176  Department of Economic Opportunity and CareerSource Florida,
  177  Inc., workforce information system required under chapter 445,
  178  Florida Statutes.
  179         (2) This section expires on July 1, 2016.
  180         Section 6. Subsection (4) is added to section 446.081,
  181  Florida Statutes, to read:
  182         446.081 Limitation.—
  183         (4) Nothing in ss. 446.011-446.092 or the implementing
  184  rules in these sections shall operate to invalidate any special
  185  provision for veterans, minority persons, or women in the
  186  standards, qualifications, or operation of the apprenticeship
  187  program or in the apprenticeship agreement which is not
  188  otherwise prohibited by law, executive order, or authorized
  189  regulation.
  190         Section 7. Section 446.091, Florida Statutes, is amended to
  191  read:
  192         446.091 On-the-job training program.—All provisions of ss.
  193  446.011-446.092 relating to apprenticeship and
  194  preapprenticeship, including, but not limited to, programs,
  195  agreements, standards, administration, procedures, definitions,
  196  expenditures, local committees, powers and duties, limitations,
  197  grievances, and ratios of apprentices and job trainees to
  198  journeyworkers journeymen on state, county, and municipal
  199  contracts, shall be appropriately adapted and made applicable to
  200  a program of on-the-job training authorized under those
  201  provisions for persons other than apprentices.
  202         Section 8. Section 446.092, Florida Statutes, is amended to
  203  read:
  204         446.092 Criteria for apprenticeship occupations.—An
  205  apprenticeable occupation is a skilled trade which possesses all
  206  of the following characteristics:
  207         (1) It is customarily learned in a practical way through a
  208  structured, systematic program of on-the-job, supervised
  209  training.
  210         (2) It is clearly identified and commonly recognized
  211  throughout an the industry, and may be associated with a
  212  nationally recognized industry certification or recognized with
  213  a positive view towards changing technology.
  214         (3) It involves manual, mechanical, or technical skills and
  215  knowledge which, in accordance with the industry standard for
  216  the occupation, require a minimum of 2,000 hours of on-the-job
  217  work and training, which hours are excluded from the time spent
  218  at related instruction.
  219         (4) It requires related instruction to supplement on-the
  220  job training. Such instruction may be given in a classroom,
  221  through occupational or industrial courses, or through
  222  correspondence courses of equivalent value, including electronic
  223  media or other forms of self-study instruction approved by the
  224  department.
  225         (5) It involves the development of skill sufficiently broad
  226  to be applicable in like occupations throughout an industry,
  227  rather than of restricted application to the products or
  228  services of any one company.
  229         (6) It does not fall into any of the following categories:
  230         (a) Selling, retailing, or similar occupations in the
  231  distributive field.
  232         (b) Managerial occupations.
  233         (c) Professional and scientific vocations for which
  234  entrance requirements customarily require an academic degree.
  235         Section 9. Section 1001.92, Florida Statutes, is created to
  236  read:
  237         1001.92 State University System Performance-Based
  238  Incentive.—
  239         (1)The State University System Performance-Based Incentive
  240  must be based on indicators of institutional attainment of
  241  performance metrics adopted by the Board of Governors. The
  242  performance-based funding metrics must include metrics that
  243  measure graduation and retention rates; degree production;
  244  affordability; postgraduation employment, salaries, or further
  245  education; student loan default rates; access; and any other
  246  metrics approved by the board.
  247         (2)The Board of Governors shall evaluate the institutions’
  248  performance on the metrics based on benchmarks adopted by the
  249  board which measure the achievement of institutional excellence
  250  or improvement. The amount of funds available for allocation to
  251  the institutions each fiscal year based on the performance
  252  funding model is composed of the state investment in performance
  253  funding, plus an institutional investment consisting of funds to
  254  be redistributed from the base funding of the State University
  255  System, as determined in the General Appropriations Act. The
  256  state investment shall be distributed in accordance with the
  257  performance funding model. The institutional investment shall be
  258  restored for all institutions that meet the board’s minimum
  259  performance threshold under the performance funding model. An
  260  institution that is one of the bottom three institutions is not
  261  eligible for the state investment. An institution that fails to
  262  meet the board’s minimum performance funding threshold is not
  263  eligible for the state investment, shall have a portion of its
  264  institutional investment withheld, and shall submit an
  265  improvement plan to the board which specifies the activities and
  266  strategies for improving the institution’s performance. The
  267  board shall review the improvement plan, and if approved,
  268  monitor the institution’s progress in implementing the
  269  activities and strategies specified in the improvement plan. The
  270  Chancellor of the State University System shall withhold
  271  disbursement of the institutional investment until such time as
  272  the monitoring report for the institution is approved by the
  273  board. Any institution that fails to make satisfactory progress
  274  may not have its full institutional investment restored. If all
  275  funds are not restored, any remaining funds shall be
  276  redistributed to the top three scorers in accordance with the
  277  board’s performance funding model. The ability of an institution
  278  to submit an improvement plan to the board is limited to 1
  279  fiscal year. If an institution subject to an improvement plan
  280  fails to meet the board’s minimum performance funding threshold
  281  during any future fiscal year, the institution’s institutional
  282  investment will be withheld by the board and redistributed to
  283  the top three scorers in accordance with the board’s performance
  284  funding model.
  285         (3)By October 1 of each year, the Board of Governors shall
  286  submit to the Governor, the President of the Senate, and the
  287  Speaker of the House of Representatives a report on the previous
  288  year’s performance funding allocation which reflects the
  289  rankings and award distributions.
  290         (4)The Board of Governors shall adopt a regulation to
  291  implement this section.
  292         Section 10. Section 1002.385, Florida Statutes, is amended
  293  to read:
  294         1002.385 Florida personal learning scholarship accounts.—
  295         (1) ESTABLISHMENT OF PROGRAM.—The Florida Personal Learning
  296  Scholarship Accounts Program is established to provide the
  297  option for a parent to better meet the individual educational
  298  needs of his or her eligible child.
  299         (2) DEFINITIONS.—As used in this section, the term:
  300         (a) “Approved provider” means a provider approved by the
  301  Agency for Persons with Disabilities, a health care practitioner
  302  as defined in s. 456.001(4), or a provider approved by the
  303  department pursuant to s. 1002.66. The term also includes
  304  providers outside this state which are subject to similar
  305  regulation or approval requirements.
  306         (b) “Curriculum” means a complete course of study for a
  307  particular content area or grade level, including any required
  308  supplemental materials.
  309         (c) “Department” means the Department of Education.
  310         (d) “Disability” means, for a 3- or 4-year-old child or for
  311  a student in kindergarten to grade 12, autism spectrum disorder,
  312  as defined in the Diagnostic and Statistical Manual of Mental
  313  Disorders, Fifth Edition, as defined in s. 393.063(3); cerebral
  314  palsy, as defined in s. 393.063(4); Down syndrome, as defined in
  315  s. 393.063(13); an intellectual disability, as defined in s.
  316  393.063(21); Prader-Willi syndrome, as defined in s.
  317  393.063(25); or spina bifida, as defined in s. 393.063(36); for
  318  a student in kindergarten, being a high-risk child, as defined
  319  in s. 393.063(20)(a); muscular dystrophy; and Williams syndrome.
  320         (e) “Eligible nonprofit scholarship-funding organization”
  321  or “organization” means a nonprofit scholarship-funding
  322  organization that is approved pursuant to s. 1002.395(2)(f). The
  323  organization must have a copy of its annual operational audit
  324  provided to the Commissioner of Education as required by this
  325  section has the same meaning as in s. 1002.395.
  326         (f) “Eligible postsecondary educational institution” means
  327  a Florida College System institution;, a state university;, a
  328  school district technical center;, a school district adult
  329  general education center; an independent college or university
  330  that is eligible to participate in the William L. Boyd, IV,
  331  Florida Resident Access Grant Program under s. 1009.89;, or an
  332  accredited independent nonpublic postsecondary educational
  333  institution, as defined in s. 1005.02, which is licensed to
  334  operate in the state pursuant to requirements specified in part
  335  III of chapter 1005.
  336         (g) “Eligible private school” means a private school, as
  337  defined in s. 1002.01, which is located in this state, which
  338  offers an education to students in any grade from kindergarten
  339  to grade 12, and which meets the requirements of:
  340         1. Sections 1002.42 and 1002.421; and
  341         2. A scholarship program under s. 1002.39 or s. 1002.395,
  342  as applicable, if the private school participates in a
  343  scholarship program under s. 1002.39 or s. 1002.395.
  344         (h) “IEP” means individual education plan.
  345         (i) “Parent” means a resident of this state who is a
  346  parent, as defined in s. 1000.21.
  347         (j) “Program” means the Florida Personal Learning
  348  Scholarship Accounts Program established in this section.
  349         (3) PROGRAM ELIGIBILITY.—A parent of a student with a
  350  disability may request and receive from the state a Florida
  351  personal learning scholarship account for the purposes specified
  352  in subsection (5) if:
  353         (a) The student:
  354         1. Is a resident of this state;
  355         2. Is or will be 3 or 4 years old on or before September 1
  356  of the year in which the student applies for program
  357  participation, or is eligible to enroll in kindergarten through
  358  grade 12 in a public school in this state;
  359         3. Has a disability as defined in paragraph (2)(d); and
  360         4. Is the subject of an IEP written in accordance with
  361  rules of the State Board of Education or has received a
  362  diagnosis of a disability as defined in subsection (2) from a
  363  physician who is licensed under chapter 458 or chapter 459 or a
  364  psychologist who is licensed under chapter 490 in this state.
  365         (b) Beginning January 2015, and each year thereafter, the
  366  following application deadlines and guidelines are met:
  367         1. The parent of a student seeking program renewal must
  368  submit a completed application to an organization for renewal by
  369  February 1 before the school year in which the student wishes to
  370  participate.
  371         2. The parent of a student seeking initial approval to
  372  participate in the program must submit a completed application
  373  to an organization by June 30 before the school year in which
  374  the student wishes to participate.
  375         3. The parent of a student seeking approval to participate
  376  in the program who does not comply with the requirements of
  377  subparagraph 1. or subparagraph 2. may late file a completed
  378  application by August 15 before the school year in which the
  379  student wishes to participate.
  380         4. A parent must submit final verification to the
  381  organization before the organization opens a personal learning
  382  scholarship account for the student. The final verification must
  383  consist of only the following items that apply to the student:
  384         a. A completed withdrawal form from the school district if
  385  the student was enrolled in a public school before the
  386  determination of program eligibility;
  387         b. A letter of admission or enrollment from an eligible
  388  private school for the school year in which the student wishes
  389  to participate;
  390         c. A copy of the notice of the parent’s intent to establish
  391  and maintain a home education program required by s.
  392  1002.41(1)(a), or a copy of the district school superintendent’s
  393  review of the annual educational evaluation of the student in a
  394  home education program required by s. 1002.41(2); or
  395         d. A copy of notification from a private school that the
  396  student has withdrawn from the John M. McKay Scholarships for
  397  Students with Disabilities Program or the Florida Tax Credit
  398  Scholarship Program.
  399         5. A parent’s completed application and final verification
  400  submitted pursuant to this paragraph the parent has applied to
  401  an eligible nonprofit scholarship-funding organization to
  402  participate in the program by February 1 before the school year
  403  in which the student will participate or an alternative date as
  404  set by the organization for any vacant, funded slots. The
  405  request must be communicated directly to the organization in a
  406  manner that creates a written or electronic record including of
  407  the request and the date of receipt of the request. The
  408  organization shall notify the district and the department of the
  409  parent’s intent upon receipt of the parent’s completed
  410  application and final verification request. The completed
  411  application must include, but is not limited to, an application;
  412  required documentation and forms; an initial or revised matrix
  413  of services, if requested; and any additional information or
  414  documentation required by the organization or by State Board of
  415  Education rule.
  416         (4) PROGRAM PROHIBITIONS.—
  417         (a) A student is not eligible for the program while he or
  418  she is:
  419         1. Enrolled in a public school, including, but not limited
  420  to, the Florida School for the Deaf and the Blind; the Florida
  421  Virtual School; the College-Preparatory Boarding Academy; a
  422  developmental research school authorized under s. 1002.32; a
  423  charter school authorized under s. 1002.33, s. 1002.331, or s.
  424  1002.332; or a virtual education program authorized under s.
  425  1002.45;
  426         2. Enrolled in the Voluntary Prekindergarten Education
  427  Program authorized under part V of this chapter;
  428         3. Enrolled in a school operating for the purpose of
  429  providing educational services to youth in the Department of
  430  Juvenile Justice commitment programs;
  431         4.3. Receiving a scholarship pursuant to the Florida Tax
  432  Credit Scholarship Program under s. 1002.395 or the John M.
  433  McKay Scholarships for Students with Disabilities Program under
  434  s. 1002.39; or
  435         5.4. Receiving any other educational scholarship pursuant
  436  to this chapter.
  437  
  438  For purposes of subparagraph 1., a 3- or 4-year-old child who
  439  receives services that are funded through the Florida Education
  440  Finance Program is considered to be a student enrolled in a
  441  public school.
  442         (b) A student is not eligible for the program if:
  443         1. The student or student’s parent has accepted any
  444  payment, refund, or rebate, in any manner, from a provider of
  445  any services received pursuant to subsection (5);
  446         2. The student’s participation in the program, or receipt
  447  or expenditure of program funds, has been denied or revoked by
  448  the commissioner of Education pursuant to subsection (10); or
  449         3. The student’s parent has forfeited participation in the
  450  program for failure to comply with requirements pursuant to
  451  subsection (11); or
  452         4. The student’s application for program eligibility has
  453  been denied by an organization.
  454         (5) AUTHORIZED USES OF PROGRAM FUNDS.—Program funds may be
  455  spent if used to support the student’s educational needs, for
  456  the following purposes:
  457         (a) Instructional materials, including digital devices,
  458  digital periphery devices, and assistive technology devices that
  459  allow a student to access instruction or instructional content
  460  and training on the use of and maintenance agreements for these
  461  devices.
  462         (b) Curriculum as defined in paragraph (2)(b).
  463         (c) Specialized services by approved providers that are
  464  selected by the parent. These specialized services may include,
  465  but are not limited to:
  466         1. Applied behavior analysis services as provided in ss.
  467  627.6686 and 641.31098.
  468         2. Services provided by speech-language pathologists as
  469  defined in s. 468.1125.
  470         3. Occupational therapy services as defined in s. 468.203.
  471         4. Services provided by physical therapists as defined in
  472  s. 486.021.
  473         5. Services provided by listening and spoken language
  474  specialists and an appropriate acoustical environment for a
  475  child who is deaf or hard of hearing and who has received an
  476  implant or assistive hearing device.
  477  
  478  Specialized services outside this state are authorized under
  479  this paragraph if the services are subject to similar regulation
  480  or approval requirements.
  481         (d) Enrollment in, or tuition or fees associated with
  482  enrollment in, an eligible private school, an eligible
  483  postsecondary educational institution or a program offered by
  484  the institution, a private tutoring program authorized under s.
  485  1002.43, a virtual program offered by a department-approved
  486  private online provider that meets the provider qualifications
  487  specified in s. 1002.45(2)(a), the Florida Virtual School as a
  488  private paying student, or an approved online course offered
  489  pursuant to s. 1003.499 or s. 1004.0961.
  490         (e) Fees for nationally standardized, norm-referenced
  491  achievement tests, Advanced Placement Examinations, industry
  492  certification examinations, assessments related to postsecondary
  493  education, or other assessments.
  494         (f) Contributions to the Stanley G. Tate Florida Prepaid
  495  College Program pursuant to s. 1009.98 or the Florida College
  496  Savings Program pursuant to s. 1009.981, for the benefit of the
  497  eligible student. The Florida Prepaid College Board shall, by
  498  the dates specified in ss. 1009.98 and 1009.981, create and have
  499  effective procedures to allow program funds to be used in
  500  conjunction with other funds used by the parent in the purchase
  501  of a prepaid college plan or a college savings plan; require
  502  program funds to be tracked and accounted for separately from
  503  other funds contributed to a prepaid college plan or a college
  504  savings plan; require program funds and associated interest to
  505  be reverted as specified in this section; and require program
  506  funds to be used only after private payments have been used for
  507  prepaid college plan or college savings plan expenditures. The
  508  organization shall enter into a contract with the Florida
  509  Prepaid College Board to enable the board to establish
  510  mechanisms to implement this section, including, but not limited
  511  to, identifying the source of funds being deposited in these
  512  plans. A qualified or designated beneficiary may not be changed
  513  while these plans contain funds contributed from this section.
  514         (g) Contracted services provided by a public school or
  515  school district, including classes. A student who receives
  516  services under a contract under this paragraph is not considered
  517  enrolled in a public school for eligibility purposes as
  518  specified in subsection (4).
  519         (h) Tuition and fees for part-time tutoring services
  520  provided by a person who holds a valid Florida educator’s
  521  certificate pursuant to s. 1012.56; a person who holds an
  522  adjunct teaching certificate pursuant to s. 1012.57; or a person
  523  who has demonstrated a mastery of subject area knowledge
  524  pursuant to s. 1012.56(5). The term “part-time tutoring
  525  services” as used in this paragraph does not meet the definition
  526  of the term “regular school attendance” in s. 1003.01(13)(e).
  527         (i) Fees for specialized summer education programs.
  528         (j) Fees for specialized after-school education programs.
  529         (k) Transition services provided by job coaches.
  530         (l) Fees for an annual evaluation of educational progress
  531  by a state-certified teacher, if this option is chosen for a
  532  home education student pursuant to s. 1002.41(1)(c)1.
  533  
  534  A specialized service provider, eligible private school,
  535  eligible postsecondary educational institution, private tutoring
  536  program provider, online or virtual program provider, public
  537  school, school district, or other entity receiving payments
  538  pursuant to this subsection may not share, refund, or rebate any
  539  moneys from the Florida personal learning scholarship account
  540  with the parent or participating student in any manner.
  541         (6) TERM OF THE PROGRAM.—For purposes of continuity of
  542  educational choice and program integrity:,
  543         (a) The program payments made by the state to an
  544  organization for a personal learning scholarship account under
  545  this section shall continue remain in force until the parent
  546  does not renew program eligibility; the organization determines
  547  a student is not eligible for program renewal; the commissioner
  548  denies, suspends, or revokes program participation or use of
  549  funds; or a student enrolls in participating in the program
  550  participates in any of the prohibited activities specified in
  551  subsection (4), has funds revoked by the Commissioner of
  552  Education pursuant to subsection (10), returns to a public
  553  school or in the Voluntary Prekindergarten Education Program,
  554  graduates from high school, or attains 22 years of age,
  555  whichever occurs first. A participating student who enrolls in a
  556  public school or public school program is considered to have
  557  returned to a public school for the purpose of determining the
  558  end of the program’s term.
  559         (b) Program expenditures by the parent from the program
  560  account are authorized until a student’s personal learning
  561  scholarship account is closed pursuant to paragraph (c).
  562         (c) A student’s personal learning scholarship account shall
  563  be closed, and any remaining funds, including accrued interest
  564  or contributions made using program funds pursuant to paragraph
  565  (5)(f), shall revert to the state upon:
  566         1. The eligible student no longer being enrolled in an
  567  eligible postsecondary educational institution or a program
  568  offered by the institution;
  569         2. Denial or revocation of program eligibility by the
  570  commissioner;
  571         3. Denial of program application by an organization; or
  572         4. After any period of 4 consecutive years after high
  573  school completion or graduation in which the student is not
  574  enrolled in an eligible postsecondary educational institution or
  575  a program offered by the institution.
  576  
  577  The commissioner must notify the parent and organization of any
  578  reversion determination.
  579         (7) SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.—
  580         (a)1. For a student with a disability who does not have a
  581  matrix of services under s. 1011.62(1)(e), or who wants a
  582  revised matrix of services, and for whom the parent requests a
  583  new or revised matrix of services, the school district must
  584  complete a matrix that assigns the student to one of the levels
  585  of service as they existed before the 2000-2001 school year.
  586         2.a. Within 10 calendar school days after a school district
  587  receives notification of a parent’s request for completion of a
  588  matrix of services, the school district must notify the
  589  student’s parent if the matrix of services has not been
  590  completed and inform the parent that the district is required to
  591  complete the matrix within 30 days after receiving notice of the
  592  parent’s request for the matrix of services. This notice must
  593  include the required completion date for the matrix.
  594         b. The school district shall complete the matrix of
  595  services for a student whose parent has made a request. The
  596  school district must provide the student’s parent, the
  597  organization, and the department with the student’s matrix level
  598  within 10 calendar school days after its completion.
  599         c. The department shall notify the parent and the eligible
  600  nonprofit scholarship-funding organization of the amount of the
  601  funds awarded within 10 days after receiving the school
  602  district’s notification of the student’s matrix level.
  603         d. A school district may change a matrix of services only
  604  if the change is to correct a technical, typographical, or
  605  calculation error, except that a parent may annually request a
  606  matrix reevaluation for each student participating in the
  607  program pursuant to paragraph (12)(h).
  608         (b) For each student participating in the program who
  609  chooses to participate in statewide, standardized assessments
  610  under s. 1008.22 or the Florida Alternate Assessment, the school
  611  district in which the student resides must notify the student
  612  and his or her parent about the locations and times to take all
  613  statewide, standardized assessments.
  614         (c) For each student participating in the program, a school
  615  district shall notify the parent about the availability of a
  616  reevaluation at least every 3 years.
  617         (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—An eligible
  618  private school may be sectarian or nonsectarian and shall:
  619         (a) Comply with all requirements for private schools
  620  participating in state school choice scholarship programs
  621  pursuant to s. 1002.421. To participate in the program, a
  622  private school must submit to the department a notification for
  623  eligibility to participate in its application for the John M.
  624  McKay Scholarships for Students with Disabilities and Florida
  625  Tax Credit Scholarship programs identified in ss. 1002.39 and
  626  1002.395.
  627         (b) Provide to the department and eligible nonprofit
  628  scholarship-funding organization, upon request, all
  629  documentation required for the student’s participation,
  630  including the private school’s and student’s fee schedules.
  631         (c) Be academically accountable to the parent for meeting
  632  the educational needs of the student by:
  633         1. At a minimum, annually providing to the parent a written
  634  explanation of the student’s progress.
  635         2. Annually administering or making provision for students
  636  participating in the program in grades 3 through 10 to take one
  637  of the nationally norm-referenced tests identified by the State
  638  Board Department of Education or the statewide assessments
  639  pursuant to s. 1008.22. Students with disabilities for whom
  640  standardized testing is not appropriate are exempt from this
  641  requirement. A participating private school shall report a
  642  student’s scores to the parent.
  643         3. Cooperating with the scholarship student whose parent
  644  chooses to have the student participate in the statewide
  645  assessments pursuant to s. 1008.22 or, if a private school
  646  chooses to offer the statewide assessments, administering the
  647  assessments at the school.
  648         a. A participating private school may choose to offer and
  649  administer the statewide assessments to all students who attend
  650  the private school in grades 3 through 10.
  651         b. A participating private school shall submit a request in
  652  writing to the Department of Education by March 1 of each year
  653  in order to administer the statewide assessments in the
  654  subsequent school year.
  655         (d) Employ or contract with teachers who have regular and
  656  direct contact with each student receiving a scholarship under
  657  this section at the school’s physical location.
  658         (e) Annually contract with an independent certified public
  659  accountant to perform the agreed-upon procedures developed under
  660  s. 1002.395(6)(o) s. 1002.395(6)(n) and produce a report of the
  661  results if the private school receives more than $250,000 in
  662  funds from scholarships awarded under this section in the 2014
  663  2015 state fiscal year or a state fiscal year thereafter. A
  664  private school subject to this paragraph must submit the report
  665  by September 15, 2015, and annually thereafter to the
  666  scholarship-funding organization that awarded the majority of
  667  the school’s scholarship funds. The agreed-upon procedures must
  668  be conducted in accordance with attestation standards
  669  established by the American Institute of Certified Public
  670  Accountants.
  671  
  672  The inability of a private school to meet the requirements of
  673  this subsection constitutes a basis for the ineligibility of the
  674  private school to participate in the program as determined by
  675  the commissioner department.
  676         (9) DEPARTMENT OF EDUCATION OBLIGATIONS.—The department
  677  shall:
  678         (a) Maintain a list of approved providers pursuant to s.
  679  1002.66, and eligible postsecondary educational institutions,
  680  eligible private schools, and organizations on its website. The
  681  department may identify or provide links to lists of other
  682  approved providers on its website.
  683         (b) Require each eligible nonprofit scholarship-funding
  684  organization to preapprove verify eligible expenditures to be
  685  before the distribution of funds for any expenditures made
  686  pursuant to paragraphs (5)(a) and (b). Review of expenditures
  687  made for services in paragraphs (5)(c)-(h) must (5)(c)-(g) may
  688  be completed after the purchase payment has been made.
  689         (c) Investigate any written complaint of a violation of
  690  this section by a parent, student, private school, public school
  691  or school district, organization, provider, or other appropriate
  692  party in accordance with the process established by s.
  693  1002.395(9)(f).
  694         (d) Require annually by December 1 quarterly reports by an
  695  eligible nonprofit scholarship-funding organization, which must
  696  include, but need not be limited to, regarding the number of
  697  students participating in the program, demographics of program
  698  participants; disability category; matrix level of services, if
  699  known; award amount per student; total expenditures for the
  700  categories in subsection (5); and the types of providers of
  701  services to students, and other information deemed necessary by
  702  the department.
  703         (e) Compare the list of students participating in the
  704  program with the public school student enrollment lists and the
  705  list of students participating in school choice scholarship
  706  programs established pursuant to this chapter, throughout the
  707  school year, before each program payment to avoid duplicate
  708  payments and confirm program eligibility.
  709         (10) COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS.—
  710         (a) The Commissioner of Education:
  711         1. Shall deny, suspend, or revoke a student’s participation
  712  in the program if the health, safety, or welfare of the student
  713  is threatened or fraud is suspected.
  714         2. Shall deny, suspend, or revoke an authorized use of
  715  program funds if the health, safety, or welfare of the student
  716  is threatened or fraud is suspected.
  717         3. May deny, suspend, or revoke an authorized use of
  718  program funds for material failure to comply with this section
  719  and applicable State Board of Education department rules if the
  720  noncompliance is correctable within a reasonable period of time.
  721  Otherwise, the commissioner shall deny, suspend, or revoke an
  722  authorized use for failure to materially comply with the law and
  723  rules adopted under this section.
  724         4. Shall require compliance by the appropriate party by a
  725  date certain for all nonmaterial failures to comply with this
  726  section and applicable State Board of Education department
  727  rules.
  728         5. Notwithstanding the other provisions of this section,
  729  the commissioner may deny, suspend, or revoke program
  730  participation or use of program funds by the student; or
  731  participation or eligibility of an organization, eligible
  732  private school, eligible postsecondary educational institution,
  733  approved provider, or other appropriate party for a violation of
  734  this section. The commissioner may determine the length of, and
  735  conditions for lifting, the suspension or revocation specified
  736  in this paragraph. The length of suspension or revocation may
  737  not exceed 5 years, except for instances of fraud, in which case
  738  the length of suspension or revocation may not exceed 10 years.
  739  The commissioner may employ mechanisms allowed by law to recover
  740  unexpended program funds or withhold payment of an equal amount
  741  of program funds to recover program funds that were not
  742  authorized for use under this section thereafter.
  743         6. Shall deny or terminate program participation upon a
  744  parent’s forfeiture of a personal learning scholarship account
  745  pursuant to subsection (11).
  746         (b) In determining whether to deny, suspend, or revoke, or
  747  lift a suspension or revocation, in accordance with this
  748  subsection, the commissioner may consider factors that include,
  749  but are not limited to, acts or omissions that by a
  750  participating entity which led to a previous denial, suspension,
  751  or revocation of participation in a state or federal program or
  752  an education scholarship program; failure to reimburse the
  753  eligible nonprofit scholarship-funding organization for program
  754  funds improperly received or retained by the entity; failure to
  755  reimburse government funds improperly received or retained;
  756  imposition of a prior criminal sanction related to the person or
  757  entity or its officers or employees; imposition of a civil fine
  758  or administrative fine, license revocation or suspension, or
  759  program eligibility suspension, termination, or revocation
  760  related to a person’s or an entity’s management or operation; or
  761  other types of criminal proceedings in which the person or the
  762  entity or its officers or employees were found guilty of,
  763  regardless of adjudication, or entered a plea of nolo contendere
  764  or guilty to, any offense involving fraud, deceit, dishonesty,
  765  or moral turpitude.
  766         (11) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
  767  PARTICIPATION.—A parent who applies for program participation
  768  under this section is exercising his or her parental option to
  769  determine the appropriate placement or the services that best
  770  meet the needs of his or her child. The scholarship award for a
  771  student is based on a matrix that assigns the student to support
  772  Level III services. If a parent chooses to request and receive
  773  an IEP and a matrix of services from the school district, the
  774  amount of the payment shall be adjusted as needed, when the
  775  school district completes the matrix.
  776         (a) To satisfy or maintain program eligibility, including,
  777  but not limited to, eligibility to receive program payments and
  778  expend program payments enroll an eligible student in the
  779  program, the parent must sign an agreement with the eligible
  780  nonprofit scholarship-funding organization and annually submit a
  781  notarized, sworn compliance statement to the organization to:
  782         1. Affirm that the student is enrolled in a program that
  783  meets regular school attendance requirements as provided in s.
  784  1003.01(13)(b)-(d).
  785         2. Affirm that Use the program funds are used only for
  786  authorized purposes serving the student’s educational needs, as
  787  described in subsection (5).
  788         3. Affirm that the student takes all appropriate
  789  standardized assessments as specified in this section.
  790         a. If the parent enrolls the child in an eligible private
  791  school, the student must take an assessment selected by the
  792  private school pursuant to s. 1002.395(7)(e) or, if requested by
  793  the parent, the statewide, standardized assessments pursuant to
  794  s. 1002.39(8)(c)2. and (9)(e).
  795         b. If the parent enrolls the child in a home education
  796  program, the parent may choose to participate in an assessment
  797  as part of the annual evaluation provided for in s.
  798  1002.41(1)(c).
  799         4. Notify the school district that the student is
  800  participating in the program Personal Learning Scholarship
  801  Accounts if the parent chooses to enroll in a home education
  802  program as provided in s. 1002.41.
  803         5. File a completed application for initial program
  804  participation with an organization Request participation in the
  805  program by the dates date established pursuant to this section
  806  by the eligible nonprofit scholarship-funding organization.
  807         6. Affirm that the student remains in good standing with
  808  the entities identified in paragraph (5)(d), paragraph (5)(g),
  809  or paragraph (5)(h) provider or school if those options are
  810  selected by the parent.
  811         7. Apply for admission of his or her child if the private
  812  school option is selected by the parent.
  813         8. Annually file a completed application to renew
  814  participation in the program if renewal is desired by the
  815  parent. Notwithstanding any changes to the student’s IEP, a
  816  student who was previously eligible for participation in the
  817  program shall remain eligible to apply for renewal as provided
  818  in subsection (6). However, in order for a high-risk child to
  819  continue to participate in the program in the school year after
  820  he or she reaches 6 years of age, the child’s completed
  821  application for renewal of program participation must contain
  822  documentation that the child has a disability defined in
  823  paragraph (2)(d) other than high-risk status.
  824         9. Affirm that the parent is prohibited from transferring
  825  and will not transfer any prepaid college plan or college
  826  savings plan funds contributed pursuant to paragraph (5)(f) to
  827  another beneficiary while the plan contains funds contributed
  828  pursuant to this section.
  829         10. Affirm that the parent will not take possession of any
  830  funding provided by the state for the program Florida Personal
  831  Learning Scholarship Accounts.
  832         11. Affirm that the parent will maintain a portfolio of
  833  records and materials which must be preserved by the parent for
  834  2 years and be made available for inspection by the
  835  organization, the department, or the district school
  836  superintendent or the superintendent’s designee upon 15 days’
  837  written notice. This paragraph does not require inspection of
  838  the superintendent to inspect the portfolio. The portfolio of
  839  records and materials must consist of:
  840         a. A log of educational instruction and services which is
  841  made contemporaneously with delivery of the instruction and
  842  services and which designates by title any reading materials
  843  used; and
  844         b. Samples of any writings, worksheets, workbooks, or
  845  creative materials used or developed by the student; and
  846         c. Other records, documents, or materials required by the
  847  organization or specified by the department in rule, to
  848  facilitate program implementation.
  849         (b) The parent is responsible for procuring the services
  850  necessary to educate the student. When the student receives a
  851  personal learning scholarship account, the district school board
  852  is not obligated to provide the student with a free appropriate
  853  public education. For purposes of s. 1003.57 and the Individuals
  854  with Disabilities in Education Act, a participating student has
  855  only those rights that apply to all other unilaterally
  856  parentally placed students, except that, when requested by the
  857  parent, school district personnel must develop an individual
  858  education plan or matrix level of services.
  859         (c) The parent is responsible for the payment of all
  860  eligible expenses in excess of the amount of the personal
  861  learning scholarship account in accordance with the terms agreed
  862  to between the parent and the providers.
  863  
  864  A parent who fails to comply with this subsection forfeits the
  865  personal learning scholarship account.
  866         (12) ADMINISTRATION OF PERSONAL LEARNING SCHOLARSHIP
  867  ACCOUNTS.—An eligible nonprofit scholarship-funding organization
  868  participating in the Florida Tax Credit Scholarship Program
  869  established under s. 1002.395 may establish personal learning
  870  scholarship accounts for eligible students, in accordance with
  871  the deadlines established in this section, by:
  872         (a) Receiving completed applications and final verification
  873  and determining student eligibility in accordance with the
  874  requirements of this section. For initial program participation,
  875  preference must first be provided to students retained on a wait
  876  list created by the organization in the order that completed
  877  applications are approved The organization shall notify the
  878  department of the applicants for the program by March 1 before
  879  the school year in which the student intends to participate.
  880  When a completed an application and final verification are is
  881  received and approved, the scholarship funding organization must
  882  provide the department with information on the student to enable
  883  the department to report the student for funding in an amount
  884  determined in accordance with subsection (13).
  885         (b) Notifying parents of their receipt of a scholarship on
  886  a first-come, first-served basis, after approving the completed
  887  application and confirming receipt of the parent’s final
  888  verification, based upon the funds provided for this program in
  889  the General Appropriations Act.
  890         (c) Establishing a date pursuant to paragraph (3)(b) by
  891  which a parent must confirm initial or continuing participation
  892  in the program and confirm the establishment or continuance of a
  893  personal learning scholarship account.
  894         (d) Establishing a date and process pursuant to paragraph
  895  (3)(b) by which completed applications may be approved and
  896  students on the wait list or late-filing applicants may be
  897  allowed to participate in the program during the school year,
  898  within the amount of funds provided for this program in the
  899  General Appropriations Act. The process must allow timely filed
  900  completed applications to take precedence before late-filed
  901  completed applications for purposes of creating a wait list for
  902  participation in the program.
  903         (e) Establishing and maintaining separate accounts for each
  904  eligible student. For each account, the organization must
  905  maintain a record of interest accrued that is retained in the
  906  student’s account and available only for authorized program
  907  expenditures.
  908         (f) Verifying qualifying educational expenditures pursuant
  909  to the requirements of subsection (5) paragraph (8)(b).
  910         (g) Returning any remaining program unused funds pursuant
  911  to paragraph (6)(c) to the department when the student is no
  912  longer authorized to expend program funds. The organization may
  913  reimburse a parent for authorized program expenditures made
  914  during the fiscal year before funds are deposited in the
  915  student’s eligible for a personal scholarship learning account.
  916         (h) Annually notifying the parent about the availability of
  917  and the requirements associated with requesting an initial
  918  matrix or matrix reevaluation annually for each student
  919  participating in the program.
  920         (13) FUNDING AND PAYMENT.—
  921         (a)1. The maximum funding amount granted for an eligible
  922  student with a disability, pursuant to this section subsection
  923  (3), shall be equivalent to the base student allocation in the
  924  Florida Education Finance Program multiplied by the appropriate
  925  cost factor for the educational program which would have been
  926  provided for the student in the district school to which he or
  927  she would have been assigned, multiplied by the district cost
  928  differential.
  929         2. In addition, an amount equivalent to a share of the
  930  guaranteed allocation for exceptional students in the Florida
  931  Education Finance Program shall be determined and added to the
  932  amount in subparagraph 1. The calculation shall be based on the
  933  methodology and the data used to calculate the guaranteed
  934  allocation for exceptional students for each district in chapter
  935  2000-166, Laws of Florida. Except as provided in subparagraph
  936  3., the calculation shall be based on the student’s grade, the
  937  matrix level of services, and the difference between the 2000
  938  2001 basic program and the appropriate level of services cost
  939  factor, multiplied by the 2000-2001 base student allocation and
  940  the 2000-2001 district cost differential for the sending
  941  district. The calculated amount must also include an amount
  942  equivalent to the per-student share of supplemental academic
  943  instruction funds, instructional materials funds, technology
  944  funds, and other categorical funds as provided in the General
  945  Appropriations Act.
  946         3. Except as otherwise provided, the calculation for all
  947  students participating in the program shall be based on the
  948  matrix that assigns the student to support Level III of
  949  services. If a parent chooses to request and receive a matrix of
  950  services from the school district, when the school district
  951  completes the matrix, the amount of the payment shall be
  952  adjusted as needed.
  953         (b) The amount of the awarded funds shall be 90 percent of
  954  the calculated amount. One hundred percent of the funds
  955  appropriated for this program shall be released in the first
  956  quarter of each fiscal year. Accrued interest is in addition to,
  957  and not part of, the awarded funds. Program funds include both
  958  the awarded funds and the accrued interest.
  959         (c) Upon an eligible student’s graduation from an eligible
  960  postsecondary educational institution or after any period of 4
  961  consecutive years after high school graduation in which the
  962  student is not enrolled in an eligible postsecondary educational
  963  institution, the student’s personal learning scholarship account
  964  shall be closed, and any remaining funds shall revert to the
  965  state.
  966         (c)(d) The eligible nonprofit scholarship-funding
  967  organization shall develop a system for payment of benefits by
  968  electronic funds transfer, including, but not limited to, debit
  969  cards, electronic payment cards, or any other means of
  970  electronic payment that the department deems to be commercially
  971  viable or cost-effective. Commodities or services related to the
  972  development of such a system shall be procured by competitive
  973  solicitation unless they are purchased from a state term
  974  contract pursuant to s. 287.056.
  975         (d) An eligible nonprofit scholarship-funding organization
  976  may use up to 3 percent of the total amount of payments received
  977  during the state fiscal year for administrative expenses if the
  978  organization has operated as an nonprofit scholarship-funding
  979  organization for at least 3 fiscal years and did not have any
  980  findings of material weakness or material noncompliance in its
  981  most recent audit under s. 1002.395(6)(m). Such administrative
  982  expenses must be reasonable and necessary for the organization’s
  983  management and distribution of scholarships under this section.
  984  Funds authorized under this paragraph may not be used for
  985  lobbying or political activity or expenses related to lobbying
  986  or political activity. If an eligible nonprofit scholarship
  987  funding organization charges an application fee for a
  988  scholarship, the application fee must be immediately refunded to
  989  the person who paid the fee if the student is determined
  990  ineligible for the program or placed on a wait list. The
  991  administrative fee may not be deducted from any scholarship
  992  funds, but may be provided for in the General Appropriations
  993  Act. An application fee may not be deducted from any scholarship
  994  funds.
  995         (e) Moneys received pursuant to this section do not
  996  constitute taxable income to the student or parent of the
  997  qualified student.
  998         (14) OBLIGATIONS OF THE AUDITOR GENERAL.—
  999         (a) The Auditor General shall conduct an annual financial
 1000  and operational audit of accounts and records of each eligible
 1001  scholarship-funding organization that participates in the
 1002  program. As part of this audit, the Auditor General shall
 1003  verify, at a minimum, the total amount of students served and
 1004  eligibility of reimbursements made by each eligible nonprofit
 1005  scholarship-funding organization and transmit that information
 1006  to the department.
 1007         (b) The Auditor General shall notify the department of any
 1008  eligible nonprofit scholarship-funding organization that fails
 1009  to comply with a request for information.
 1010         (c) The Auditor General shall provide the Commissioner of
 1011  Education with a copy of each annual operational audit performed
 1012  pursuant to this subsection within 10 days after each audit is
 1013  finalized.
 1014         (15) OBLIGATIONS RELATED TO APPROVED PROVIDERS.—The
 1015  Department of Health, the Agency for Persons with Disabilities,
 1016  and the Department of Education shall work with an eligible
 1017  nonprofit scholarship-funding organization for easy or automated
 1018  access to lists of licensed providers of services specified in
 1019  paragraph (5)(c) to ensure efficient administration of the
 1020  program.
 1021         (16) LIABILITY.—The state is not liable for the award or
 1022  any use of awarded funds under this section.
 1023         (17) SCOPE OF AUTHORITY.—This section does not expand the
 1024  regulatory authority of this state, its officers, or any school
 1025  district to impose additional regulation on participating
 1026  private schools, independent nonpublic postsecondary educational
 1027  institutions, and private providers beyond those reasonably
 1028  necessary to enforce requirements expressly set forth in this
 1029  section.
 1030         (18) REPORTS.—The department shall, by February 1 of each
 1031  year, provide an annual report to the Governor, the President of
 1032  the Senate, and the Speaker of the House of Representatives
 1033  regarding the effectiveness of the Florida Personal Learning
 1034  Scholarship Accounts Program. The report must address the scope
 1035  and size of the program, with regard to participation and other
 1036  related data, and analyze the effectiveness of the program
 1037  pertaining to cost, education, and therapeutic services.
 1038         (19)(18) RULES.—The State Board of Education shall adopt
 1039  rules pursuant to ss. 120.536(1) and 120.54 to administer this
 1040  section.
 1041         (20)(19) IMPLEMENTATION SCHEDULE FOR THE 2014-2015 SCHOOL
 1042  YEAR.—Notwithstanding the provisions of this section related to
 1043  notification and eligibility timelines, an eligible nonprofit
 1044  scholarship-funding organization may enroll parents on a rolling
 1045  schedule on a first-come, first-served basis, within the amount
 1046  of funds provided in the General Appropriations Act. This
 1047  subsection is repealed July 1, 2015.
 1048         Section 11. Paragraph (j) of subsection (6) and paragraphs
 1049  (a) and (b) of subsection (16) of section 1002.395, Florida
 1050  Statutes, are amended to read:
 1051         1002.395 Florida Tax Credit Scholarship Program.—
 1052         (6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING
 1053  ORGANIZATIONS.—An eligible nonprofit scholarship-funding
 1054  organization:
 1055         (j)1. May use up to 3 percent of eligible contributions
 1056  received during the state fiscal year in which such
 1057  contributions are collected for administrative expenses if the
 1058  organization has operated as an eligible nonprofit scholarship
 1059  funding organization under this section for at least 3 state
 1060  fiscal years and did not have any negative financial findings of
 1061  material weakness or material noncompliance in its most recent
 1062  audit under paragraph (m). Such administrative expenses must be
 1063  reasonable and necessary for the organization’s management and
 1064  distribution of eligible contributions under this section. No
 1065  funds authorized under this subparagraph shall be used for
 1066  lobbying or political activity or expenses related to lobbying
 1067  or political activity. Up to one-third of the funds authorized
 1068  for administrative expenses under this subparagraph may be used
 1069  for expenses related to the recruitment of contributions from
 1070  taxpayers. If an eligible nonprofit scholarship-funding
 1071  organization charges an application fee for a scholarship, the
 1072  application fee must be immediately refunded to the person that
 1073  paid the fee if the student is not enrolled in a participating
 1074  school within 12 months.
 1075         2. Must expend for annual or partial-year scholarships an
 1076  amount equal to or greater than 75 percent of the net eligible
 1077  contributions remaining after administrative expenses during the
 1078  state fiscal year in which such contributions are collected. No
 1079  more than 25 percent of such net eligible contributions may be
 1080  carried forward to the following state fiscal year. All amounts
 1081  carried forward, for audit purposes, must be specifically
 1082  identified for particular students, by student name and the name
 1083  of the school to which the student is admitted, subject to the
 1084  requirements of ss. 1002.22 and 1002.221 and 20 U.S.C. s. 1232g,
 1085  and the applicable rules and regulations issued pursuant
 1086  thereto. Any amounts carried forward shall be expended for
 1087  annual or partial-year scholarships in the following state
 1088  fiscal year. Net eligible contributions remaining on June 30 of
 1089  each year that are in excess of the 25 percent that may be
 1090  carried forward shall be returned to the State Treasury for
 1091  deposit in the General Revenue Fund.
 1092         3. Must, before granting a scholarship for an academic
 1093  year, document each scholarship student’s eligibility for that
 1094  academic year. A scholarship-funding organization may not grant
 1095  multiyear scholarships in one approval process.
 1096  
 1097  Information and documentation provided to the Department of
 1098  Education and the Auditor General relating to the identity of a
 1099  taxpayer that provides an eligible contribution under this
 1100  section shall remain confidential at all times in accordance
 1101  with s. 213.053.
 1102         (16) NONPROFIT SCHOLARSHIP-FUNDING ORGANIZATIONS;
 1103  APPLICATION.—In order to participate in the scholarship program
 1104  created under this section, a charitable organization that seeks
 1105  to be a nonprofit scholarship-funding organization must submit
 1106  an application for initial approval or renewal to the Office of
 1107  Independent Education and Parental Choice no later than
 1108  September 1 of each year before the school year for which the
 1109  organization intends to offer scholarships.
 1110         (a) An application for initial approval must include:
 1111         1. A copy of the organization’s incorporation documents and
 1112  registration with the Division of Corporations of the Department
 1113  of State.
 1114         2. A copy of the organization’s Internal Revenue Service
 1115  determination letter as a s. 501(c)(3) not-for-profit
 1116  organization.
 1117         3. A description of the organization’s financial plan that
 1118  demonstrates sufficient funds to operate throughout the school
 1119  year.
 1120         4. A description of the geographic region that the
 1121  organization intends to serve and an analysis of the demand and
 1122  unmet need for eligible students in that area.
 1123         5. The organization’s organizational chart.
 1124         6. A description of the criteria and methodology that the
 1125  organization will use to evaluate scholarship eligibility.
 1126         7. A description of the application process, including
 1127  deadlines and any associated fees.
 1128         8. A description of the deadlines for attendance
 1129  verification and scholarship payments.
 1130         9. A copy of the organization’s policies on conflict of
 1131  interest and whistleblowers.
 1132         10. A copy of a surety bond or letter of credit in an
 1133  amount equal to 25 percent of the scholarship funds anticipated
 1134  for each school year or $100,000, whichever is greater,
 1135  specifying that any claim against the bond or letter of credit
 1136  may be made only by an eligible nonprofit scholarship-funding
 1137  organization to provide scholarships to and on behalf of
 1138  students who would have had scholarships funded but for the
 1139  diversion of funds giving rise to the claim against the bond or
 1140  letter of credit.
 1141         (b) In addition to the information required by
 1142  subparagraphs (a)1.-9., an application for renewal must include:
 1143         1. A surety bond or letter of credit equal to the amount of
 1144  undisbursed donations held by the organization based on the
 1145  annual report submitted pursuant to paragraph (6)(m). The amount
 1146  of the surety bond or letter of credit must be at least
 1147  $100,000, but not more than $25 million, specifying that any
 1148  claim against the bond or letter of credit may be made only by
 1149  an eligible nonprofit scholarship-funding organization to
 1150  provide scholarships to and on behalf of students who would have
 1151  had scholarships funded but for the diversion of funds giving
 1152  rise to the claim against the bond or letter of credit.
 1153         2. The organization’s completed Internal Revenue Service
 1154  Form 990 submitted no later than November 30 of the year before
 1155  the school year that the organization intends to offer the
 1156  scholarships, notwithstanding the September 1 application
 1157  deadline.
 1158         3. A copy of the statutorily required audit to the
 1159  Department of Education and Auditor General.
 1160         4. An annual report that includes:
 1161         a. The number of students who completed applications, by
 1162  county and by grade.
 1163         b. The number of students who were approved for
 1164  scholarships, by county and by grade.
 1165         c. The number of students who received funding for
 1166  scholarships within each funding category, by county and by
 1167  grade.
 1168         d. The amount of funds received, the amount of funds
 1169  distributed in scholarships, and an accounting of remaining
 1170  funds and the obligation of those funds.
 1171         e. A detailed accounting of how the organization spent the
 1172  administrative funds allowable under paragraph (6)(j).
 1173         Section 12. Paragraph (z) is added to subsection (4) of
 1174  section 1009.971, Florida Statutes, to read:
 1175         1009.971 Florida Prepaid College Board.—
 1176         (4) FLORIDA PREPAID COLLEGE BOARD; POWERS AND DUTIES.—The
 1177  board shall have the powers and duties necessary or proper to
 1178  carry out the provisions of ss. 1009.97-1009.984, including, but
 1179  not limited to, the power and duty to:
 1180         (z) Adopt rules governing:
 1181         1. The purchase and use of a prepaid college plan
 1182  authorized under s. 1009.98 or a college savings plan authorized
 1183  under s. 1009.981 for the Florida Personal Learning Scholarship
 1184  Accounts Program pursuant to ss. 1002.385, 1009.98, and
 1185  1009.981.
 1186         2. The use of a prepaid college plan authorized under s.
 1187  1009.98 or a college savings plan authorized under s. 1009.981
 1188  for postsecondary education programs for students with
 1189  disabilities.
 1190         Section 13. Subsection (11) is added to section 1009.98,
 1191  Florida Statutes, to read:
 1192         1009.98 Stanley G. Tate Florida Prepaid College Program.—
 1193         (11)IMPLEMENTATION PROCEDURES.—
 1194         (a) Notwithstanding any other provision in this section, a
 1195  prepaid college plan may be purchased, accounted for, used, and
 1196  terminated as provided in s. 1002.385. By September 1, 2015, the
 1197  board shall develop procedures, contracts, and any other
 1198  required forms or documentation necessary to fully implement
 1199  this subsection. The board shall enter into a contract with an
 1200  organization pursuant to s. 1002.385 to enable the board to
 1201  establish mechanisms to implement this subsection, including,
 1202  but not limited to, identifying the source of funds being
 1203  deposited into a prepaid college plan. A qualified beneficiary
 1204  may not be changed while a prepaid college plan contains funds
 1205  contributed from s. 1002.385.
 1206         (b) A qualified beneficiary may apply the benefits of an
 1207  advance payment contract toward the program fees of a program
 1208  designed for students with disabilities conducted by a state
 1209  postsecondary institution. A transfer authorized under this
 1210  subsection may not exceed the redemption value of the advance
 1211  payment contract at a state postsecondary institution or the
 1212  number of semester credit hours contracted on behalf of a
 1213  qualified beneficiary.
 1214         Section 14. Subsection (10) is added to section 1009.981,
 1215  Florida Statutes, to read:
 1216         1009.981 Florida College Savings Program.—
 1217         (10) IMPLEMENTATION PROCEDURES.—
 1218         (a) Notwithstanding any other provision in this section, a
 1219  college savings plan may be purchased, accounted for, used, and
 1220  terminated as provided in s. 1002.385. By September 1, 2015, the
 1221  board shall develop procedures, contracts, and any other
 1222  required forms or documentation necessary to fully implement
 1223  this subsection. The board shall enter into a contract with an
 1224  organization pursuant to s. 1002.385 to enable the board to
 1225  establish mechanisms to implement this subsection, including,
 1226  but not limited to, identifying the source of funds being
 1227  deposited into a college savings plan. A designated beneficiary
 1228  may not be changed while a college savings plan contains funds
 1229  contributed from s. 1002.385.
 1230         (b) A designated beneficiary may apply the benefits of a
 1231  participation agreement toward the program fees of a program
 1232  designed for students with disabilities conducted by a state
 1233  postsecondary institution.
 1234         Section 15. The Department of Education shall adopt rules
 1235  to implement s. 1002.385, Florida Statutes.
 1236         (1)Such rules must be effective by August 1, 2015, and
 1237  must include, but need not be limited to:
 1238         (a)Establishing procedures concerning the student,
 1239  organization, eligible private school, eligible postsecondary
 1240  educational institution, or other appropriate party to
 1241  participate in the program, including approval, suspension, and
 1242  termination of eligibility;
 1243         (b)Establishing uniform forms for use by organizations for
 1244  parents and students;
 1245         (c)Approving providers pertaining to the Florida K-20
 1246  Education Code;
 1247         (d)Incorporating program participation in existing private
 1248  school scholarship program applications, including, but not
 1249  limited to, ensuring that the process for obtaining eligibility
 1250  under s. 1002.385, Florida Statutes, is as administratively
 1251  convenient as possible for a private school;
 1252         (e)Establishing a matrix of services calculations and
 1253  timelines, so that the initial and revised matrix is completed
 1254  by a school district in time to be included in the completed
 1255  application;
 1256         (f)Establishing a deadline for an organization to provide
 1257  annual notice of the ability for a parent to request an initial
 1258  or revised matrix of services, which must enable the initial or
 1259  revised matrix to be included in the completed application;
 1260         (g)Establishing additional records, documents, or
 1261  materials a parent must collect and retain in the student’s
 1262  portfolio;
 1263         (h)Establishing preliminary timelines and procedures that
 1264  enable a parent to submit a completed application to the
 1265  organization, and for the organization to review and approve the
 1266  completed application; and
 1267         (i)Defining terms, including, but not limited to, the
 1268  terms “participating student, new student, eligible
 1269  student, award letter, program funds, associated
 1270  interest, program payments, program expenditures, initial
 1271  program participation, program renewal, wait list,” “timely
 1272  filed application,” and “late-filed application.
 1273         (2)Such rules should maximize flexibility and ease of
 1274  program use for the parent and student.
 1275         Section 16. Section 1004.084, Florida Statutes, is created
 1276  to read:
 1277         1004.084 College affordability.—
 1278         (1) The Board of Governors and the State Board of Education
 1279  shall annually identify strategies to promote college
 1280  affordability for all Floridians by evaluating, at a minimum,
 1281  the impact of:
 1282         (a) Tuition and fees on undergraduate, graduate, and
 1283  professional students at public colleges and universities and
 1284  graduate assistants employed by public universities.
 1285         (b) Federal, state, and institutional financial aid
 1286  policies on the actual cost of attendance for students and their
 1287  families.
 1288         (c) The costs of textbooks and instructional materials.
 1289         (2) By December 31 of each year, beginning in 2015, the
 1290  Board of Governors and the State Board of Education shall submit
 1291  a report on their respective college affordability initiatives
 1292  to the Governor, the President of the Senate, and the Speaker of
 1293  the House of Representatives.
 1294         Section 17. Section 1004.085, Florida Statutes, is amended
 1295  to read:
 1296         1004.085 Textbook and instructional materials
 1297  affordability.—
 1298         (1) As used in this section, the term “instructional
 1299  materials” means educational materials for use within a course
 1300  which may be available in printed or digital format.
 1301         (2)(1)An No employee of a Florida College System
 1302  institution or state university may not demand or receive any
 1303  payment, loan, subscription, advance, deposit of money, service,
 1304  or anything of value, present or promised, in exchange for
 1305  requiring students to purchase a specific textbook or
 1306  instructional material for coursework or instruction.
 1307         (3)(2) An employee may receive:
 1308         (a) Sample copies, instructor copies, or instructional
 1309  materials. These materials may not be sold for any type of
 1310  compensation if they are specifically marked as free samples not
 1311  for resale.
 1312         (b) Royalties or other compensation from sales of textbooks
 1313  or instructional materials that include the instructor’s own
 1314  writing or work.
 1315         (c) Honoraria for academic peer review of course materials.
 1316         (d) Fees associated with activities such as reviewing,
 1317  critiquing, or preparing support materials for textbooks or
 1318  instructional materials pursuant to guidelines adopted by the
 1319  State Board of Education or the Board of Governors.
 1320         (e) Training in the use of course materials and learning
 1321  technologies.
 1322         (4) Each Florida College System institution and state
 1323  university board of trustees shall, each semester, examine the
 1324  cost of textbooks and instructional materials by course and
 1325  course section for all general education courses offered at the
 1326  institution to identify any variance in the cost of textbooks
 1327  and instructional materials among different sections of the same
 1328  course and the percentage of textbooks and instructional
 1329  materials that remain in use for more than one term. Courses
 1330  that have a wide variance in costs among sections or that have
 1331  frequent changes in textbook and instructional material
 1332  selections shall be identified and sent to the appropriate
 1333  academic department chair for review. This subsection is
 1334  repealed July 1, 2017, unless reviewed and saved from repeal
 1335  through reenactment by the Legislature.
 1336         (5)(3)Each Florida College System institution institutions
 1337  and state university universities shall post prominently in the
 1338  course registration system and on its website on their websites,
 1339  as early as is feasible, but at least 45 not less than 30 days
 1340  before prior to the first day of class for each term, a
 1341  hyperlink to lists list of each textbook required and
 1342  recommended textbooks and instructional materials for at least
 1343  95 percent of all courses and each course sections offered at
 1344  the institution during the upcoming term. The lists posted list
 1345  must include the International Standard Book Number (ISBN) for
 1346  each required and recommended textbook and instructional
 1347  material or other identifying information, which must include,
 1348  at a minimum, all of the following: the title, all authors
 1349  listed, publishers, edition number, copyright date, published
 1350  date, and other relevant information necessary to identify the
 1351  specific textbook or textbooks or instructional materials
 1352  required and recommended for each course. The State Board of
 1353  Education and the Board of Governors shall include in the
 1354  policies, procedures, and guidelines adopted under subsection
 1355  (6) (4) certain limited exceptions to this notification
 1356  requirement for classes added after the notification deadline.
 1357         (6)(4)After receiving input from students, faculty,
 1358  bookstores, and publishers, the State Board of Education and the
 1359  Board of Governors each shall adopt textbook and instructional
 1360  material affordability policies, procedures, and guidelines for
 1361  implementation by Florida College System institutions and state
 1362  universities, respectively, that further efforts to minimize the
 1363  cost of textbooks and instructional materials for students
 1364  attending such institutions while maintaining the quality of
 1365  education and academic freedom. The policies, procedures, and
 1366  guidelines shall address provide for the following:
 1367         (a) The establishment of deadlines for an instructor or
 1368  department to notify the bookstore of required and recommended
 1369  textbooks and instructional materials so that a bookstore may
 1370  verify availability, source lower cost options when practicable,
 1371  explore alternatives with faculty when academically appropriate,
 1372  and maximize availability of used textbooks and instructional
 1373  materials That textbook adoptions are made with sufficient lead
 1374  time to bookstores so as to confirm availability of the
 1375  requested materials and, where possible, ensure maximum
 1376  availability of used books.
 1377         (b) Confirmation by the course instructor or academic
 1378  department offering the course, before the textbook or
 1379  instructional material adoption is finalized That, in the
 1380  textbook adoption process, of the intent to use all items
 1381  ordered, particularly each individual item sold as part of a
 1382  bundled package, is confirmed by the course instructor or the
 1383  academic department offering the course before the adoption is
 1384  finalized.
 1385         (c) Determination by That a course instructor or the
 1386  academic department offering the course determines, before a
 1387  textbook or instructional material is adopted, of the extent to
 1388  which a new edition differs significantly and substantively from
 1389  earlier versions and the value to the student of changing to a
 1390  new edition or the extent to which an open-access textbook or
 1391  instructional material is available may exist and be used.
 1392         (d) That the establishment of policies shall address The
 1393  availability of required and recommended textbooks and
 1394  instructional materials to students otherwise unable to afford
 1395  the cost, including consideration of the extent to which an
 1396  open-access textbook or instructional material may be used.
 1397         (e) Participation by That course instructors and academic
 1398  departments are encouraged to participate in the development,
 1399  adaptation, and review of open-access textbooks and
 1400  instructional materials and, in particular, open-access
 1401  textbooks and instructional materials for high-demand general
 1402  education courses.
 1403         (f) Consultation with school districts to identify
 1404  practices that impact the cost of dual enrollment textbooks and
 1405  instructional materials to school districts, including but not
 1406  limited to, the length of time that textbooks or instructional
 1407  materials remain in use.
 1408         (g) Selection of textbooks and instructional materials
 1409  through cost-benefit analyses that enable students to obtain the
 1410  highest-quality product at the lowest available price, by
 1411  considering:
 1412         1. Purchasing digital textbooks in bulk.
 1413         2. Expanding the use of open-access textbooks and
 1414  instructional materials.
 1415         3. Providing rental options for textbooks and instructional
 1416  materials.
 1417         4. Increasing the availability and use of affordable
 1418  digital textbooks and learning objects.
 1419         5. Developing mechanisms to assist in buying, renting,
 1420  selling, and sharing textbooks and instructional materials.
 1421         6. The length of time that textbooks and instructional
 1422  materials remain in use.
 1423         (7) The board of trustees of each Florida College System
 1424  institution and state university shall report, by September 30
 1425  of each year, beginning in 2015, to the Chancellor of the
 1426  Florida College System or the Chancellor of the State University
 1427  System, as applicable, the textbook and instructional material
 1428  selection process for general education courses with a wide cost
 1429  variance identified pursuant to subsection (4) and high
 1430  enrollment courses; specific initiatives of the institution
 1431  designed to reduce the costs of textbooks and instructional
 1432  materials; policies implemented in accordance with subsection
 1433  (6); the number of courses and course sections that were not
 1434  able to meet the textbook and instructional materials posting
 1435  deadline for the previous academic year; and any additional
 1436  information determined by the chancellors. By November 1 of each
 1437  year, beginning in 2015, each chancellor shall provide a summary
 1438  of the information provided by institutions to the State Board
 1439  of Education and the Board of Governors, as applicable.
 1440         Section 18. Present subsections (5) and (6) of section
 1441  1006.735, Florida Statutes, are redesignated as subsections (6)
 1442  and (7), respectively, and a new subsection (5) is added to that
 1443  section, to read:
 1444         1006.735 Complete Florida Plus Program.—The Complete
 1445  Florida Plus Program is created at the University of West
 1446  Florida.
 1447         (5) RAPID RESPONSE EDUCATION AND TRAINING PROGRAM.—The
 1448  Rapid Response Education and Training Program is established
 1449  within the Complete Florida Plus Program. Under this education
 1450  and training program, the Complete Florida Plus Program shall
 1451  work directly with Enterprise Florida, Inc., in project-specific
 1452  industry recruitment and retention efforts to offer credible
 1453  education and training commitments to businesses.
 1454         (a) The Rapid Response Education and Training Program must:
 1455         1. Issue challenge grants through requests for proposals
 1456  that are open to all education and training providers, public or
 1457  private. These grants match state dollars with education and
 1458  training provider dollars to implement particular education and
 1459  training programs.
 1460         2. Generate periodic reports from an independent forensic
 1461  accounting or auditing entity to ensure transparency of the
 1462  program. These periodic reports must be submitted to the
 1463  President of the Senate and the Speaker of the House of
 1464  Representatives.
 1465         3. Keep administrative costs to a minimum through the use
 1466  of existing organizational structures.
 1467         4. Work directly with businesses to recruit individuals for
 1468  education and training.
 1469         5. Be able to terminate an education and training program
 1470  by giving 30 days’ notice.
 1471         6. Survey employers after completion of an education and
 1472  training program to ascertain the effectiveness of the program.
 1473         (b) The Division of Career and Adult Education within the
 1474  Department of Education shall conduct an analysis and assessment
 1475  of the effectiveness of the education and training programs
 1476  under this section in meeting labor market and occupational
 1477  trends and gaps.
 1478         Section 19. Paragraph (d) of subsection (3) of section
 1479  1009.22, Florida Statutes, is amended to read:
 1480         1009.22 Workforce education postsecondary student fees.—
 1481         (3)
 1482         (d) Each district school board and each Florida College
 1483  System institution board of trustees may adopt tuition and out
 1484  of-state fees that vary no more than 5 percent below or no more
 1485  than 5 percent above the combined total of the standard tuition
 1486  and out-of-state fees established in paragraph (c).
 1487         Section 20. Paragraph (b) of subsection (3) and subsection
 1488  (4) of section 1009.23, Florida Statutes, are amended, and
 1489  subsection (20) is added to that section, to read:
 1490         1009.23 Florida College System institution student fees.—
 1491         (3)
 1492         (b) Effective July 1, 2014, For baccalaureate degree
 1493  programs, the following tuition and fee rates shall apply:
 1494         1. The tuition may not exceed shall be $91.79 per credit
 1495  hour for students who are residents for tuition purposes.
 1496         2. The sum of the tuition and the he out-of-state fee per
 1497  credit hour for students who are nonresidents for tuition
 1498  purposes shall be no more than 85 percent of the sum of the
 1499  tuition and the out-of-state fee at the state university nearest
 1500  the Florida College System institution.
 1501         (4) Each Florida College System institution board of
 1502  trustees shall establish tuition and out-of-state fees, which
 1503  may vary no more than 10 percent below and no more than 15
 1504  percent above the combined total of the standard tuition and
 1505  fees established in subsection (3).
 1506         (20) Each Florida College System institution shall notice
 1507  to the public and to all enrolled students any board of trustees
 1508  meeting that votes on proposed increases in tuition or fees. The
 1509  noticed meeting must allow for public comment on the proposed
 1510  increase and must:
 1511         (a) Be posted 28 days before the board of trustees meeting
 1512  takes place.
 1513         (b) Include the date and time of the meeting.
 1514         (c) Be clear and specifically outline the details of the
 1515  original tuition or fee, the rationale for the proposed
 1516  increase, and what the proposed increase will fund.
 1517         (d) Be posted on the institution’s website homepage and
 1518  issued in a press release.
 1519         Section 21. Paragraphs (a) and (b) of subsection (4) of
 1520  section 1009.24, Florida Statutes, are amended, present
 1521  subsection (19) of that section is redesignated as subsection
 1522  (20), and a new subsection (19) is added to that section, to
 1523  read:
 1524         1009.24 State university student fees.—
 1525         (4)(a) Effective July 1, 2014, The resident undergraduate
 1526  tuition for lower-level and upper-level coursework may not
 1527  exceed shall be $105.07 per credit hour.
 1528         (b) The Board of Governors, or the board’s designee, may
 1529  establish tuition for graduate and professional programs, and
 1530  out-of-state fees for all programs. Except as otherwise provided
 1531  in this section, the sum of tuition and out-of-state fees
 1532  assessed to nonresident students must be sufficient to offset
 1533  the full instructional cost of serving such students. However,
 1534  adjustments to out-of-state fees or tuition for graduate
 1535  programs and professional programs may not exceed 15 percent in
 1536  any year. Adjustments to the resident tuition for graduate
 1537  programs and professional programs may not exceed the tuition
 1538  amount set on July 1, 2015.
 1539         (19)Each university shall publicly notice to the public
 1540  and to all enrolled students any board of trustees meeting that
 1541  votes on proposed increases in tuition or fees. The noticed
 1542  meeting must allow for public comment on the proposed increase
 1543  and must:
 1544         (a)Be posted 28 days before the board of trustees meeting
 1545  takes place.
 1546         (b)Include the date and time of the meeting.
 1547         (c)Be clear and specifically outline the details of the
 1548  original tuition or fee, the rationale for the proposed
 1549  increase, and what the proposed increase will fund.
 1550         (d)Be posted on the institution’s website homepage and
 1551  issued in a press release.
 1552         Section 22. Section 1004.6501, Florida Statutes, is created
 1553  to read:
 1554         1004.6501Florida Postsecondary Comprehensive Transition
 1555  Program and the Florida Center for Students with Unique
 1556  Abilities.—
 1557         (1) SHORT TITLE.—This section shall be known and may be
 1558  cited as the “Florida Postsecondary Comprehensive Transition
 1559  Program Act.”
 1560         (2)PURPOSE AND LEGISLATIVE INTENT.—The purpose of this
 1561  section is to increase independent living, inclusive and
 1562  experiential postsecondary education, and employment
 1563  opportunities for students with intellectual disabilities
 1564  through degree, certificate, or nondegree programs and to
 1565  establish statewide coordination of the dissemination of
 1566  information regarding programs and services for students with
 1567  disabilities. It is the intent of the Legislature that students
 1568  with intellectual disabilities and students with disabilities
 1569  have access to meaningful postsecondary education credentials
 1570  and a meaningful campus experience.
 1571         (3)DEFINITIONS.—As used in this section, the term:
 1572         (a)“Center” means the Florida Center for Students with
 1573  Unique Abilities established under subsection (5).
 1574         (b)“Director” means the director of the center.
 1575         (c) “Eligible institution” means a state university; a
 1576  Florida College System institution; a career center; a charter
 1577  technical career center; or an independent college or university
 1578  that is located and chartered in this state, is not for profit,
 1579  is accredited by the Commission on Colleges of the Southern
 1580  Association of Colleges and Schools, and is eligible to
 1581  participate in the William L. Boyd, IV, Florida Resident Access
 1582  Grant Program.
 1583         (d)“Florida Postsecondary Comprehensive Transition Program
 1584  Scholarship” or “scholarship” means the scholarship established
 1585  under this section to provide state financial assistance awards
 1586  to students who meet the student eligibility requirements
 1587  specified in subsection (4) and are enrolled in an FPCTP.
 1588         (e)“FPCTP” means a Florida Postsecondary Comprehensive
 1589  Transition Program that is approved pursuant to paragraph (5)(b)
 1590  and offered by an eligible institution.
 1591         (f) “Transitional student” means a student who is 18 to 26
 1592  years of age and meets the student eligibility requirements
 1593  specified in subsection (4).
 1594         (4)STUDENT ELIGIBILITY.—To be eligible to enroll in an
 1595  FPCTP at an eligible institution, a student must, as determined
 1596  by the institution, based on guidelines established by the
 1597  center:
 1598         (a)Be a “student with an intellectual disability” as that
 1599  term is defined in 20 U.S.C. s. 1140(2), including, but not
 1600  limited to, a transitional student.
 1601         (b)Physically attend the eligible institution.
 1602         (c)Submit to the eligible institution documentation
 1603  regarding his or her intellectual disability. Such documentation
 1604  may include, but not be limited to, a current individualized
 1605  plan for employment associated with an evaluation completed
 1606  pursuant to s. 413.20(3) or a diagnosis from a physician who is
 1607  licensed under chapter 458 or chapter 459 or a psychologist
 1608  licensed under chapter 490.
 1609         (5)CENTER RESPONSIBILITIES.The Florida Center for
 1610  Students with Unique Abilities is established within the
 1611  University of Central Florida. At a minimum, the center shall:
 1612         (a) Disseminate information to students with disabilities
 1613  and their parents, including, but not limited to:
 1614         1.Education programs, services, and resources that are
 1615  available at eligible institutions.
 1616         2.Supports, accommodations, technical assistance, or
 1617  training provided by eligible institutions, the advisory council
 1618  established pursuant to s. 383.141, and regional autism centers
 1619  established pursuant to s. 1004.55.
 1620         3.Mentoring, networking, and employment opportunities.
 1621         (b) Coordinate and facilitate the statewide implementation
 1622  of this section. The director of the center shall oversee the
 1623  approval of the comprehensive transition programs.
 1624  Notwithstanding the program approval requirements of s. 1004.03,
 1625  the director shall review applications for the initial approval
 1626  of an application for, or renewal of approval of, a
 1627  comprehensive transition program proposed by an eligible
 1628  institution. Within 30 days after receipt of an application, the
 1629  director shall issue his or her recommendation regarding
 1630  approval to the Chancellor of the State University System or the
 1631  Commissioner of Education, as applicable, or shall give written
 1632  notice to the applicant of any deficiencies in the application,
 1633  which the eligible institution must be given an opportunity to
 1634  correct. Within 15 days after receipt of a notice of
 1635  deficiencies, the eligible institution shall, if the eligible
 1636  institution seeks program approval, correct the application
 1637  deficiencies and return the application to the center. Within 30
 1638  days after receipt of a revised application, the director shall
 1639  recommend approval or disapproval of the revised application to
 1640  the chancellor or the commissioner, as applicable. Within 15
 1641  days after receipt of the director’s recommendation for approval
 1642  or disapproval, the chancellor or the commissioner shall approve
 1643  or disapprove the recommendation. If the chancellor or the
 1644  commissioner does not take action on the director’s
 1645  recommendation within 15 days after receipt of such
 1646  recommendation, the comprehensive transition program proposed by
 1647  the institution shall be considered an FPCTP by default.
 1648  Additionally, the director shall:
 1649         1.Consult and collaborate with the National Center and the
 1650  Coordinating Center, as identified in 20 U.S.C. s. 1140q,
 1651  regarding guidelines established by the center for effective
 1652  implementation of the programs for students with disabilities
 1653  and for students with intellectual disabilities which align with
 1654  the federal requirements and standards, quality indicators, and
 1655  benchmarks identified by the National Center and the
 1656  Coordinating Center.
 1657         2.Consult and collaborate with the Higher Education
 1658  Coordinating Council to identify meaningful credentials for
 1659  FPCTPs and to engage businesses and stakeholders to promote
 1660  experiential training and employment opportunities for students
 1661  with intellectual disabilities.
 1662         3.Create the application for the initial approval and
 1663  renewal of approval as an FPCTP for use by an eligible
 1664  institution which, at a minimum, must align with the federal
 1665  comprehensive transition and postsecondary program application
 1666  requirements.
 1667         4.Establish requirements and timelines for the:
 1668         a.Submission and review of an application.
 1669         b.Approval or disapproval of an initial or renewal
 1670  application. Initial approval of an application for an FPCTP
 1671  that meets the requirements of subsection (6) is valid for the 3
 1672  academic years immediately following the academic year during
 1673  which the approval is granted. An eligible institution may
 1674  submit an application to the center requesting that the initial
 1675  approval be renewed. If the approval is granted and the FPCTP
 1676  continues to meet the requirements of this section, including,
 1677  but not limited to, program and student performance outcomes,
 1678  and federal requirements, a renewal is valid for the 5 academic
 1679  years immediately following the academic year during which the
 1680  renewal is initially granted.
 1681         c.Implementation of an FPCTP, beginning no later than the
 1682  academic year immediately following the academic year during
 1683  which the approval is granted.
 1684         5. Administer scholarship funds.
 1685         6. Oversee and report on the implementation and
 1686  administration of this section by planning, advising, and
 1687  evaluating approved degree, certificate, and nondegree programs
 1688  and the performance of students and programs pursuant to
 1689  subsection (8).
 1690         (c) Provide technical assistance regarding programs and
 1691  services for students with intellectual disabilities to
 1692  administrators, instructors, staff, and others, as applicable,
 1693  at eligible institutions by:
 1694         1.Holding meetings and annual workshops to share
 1695  successful practices and to address issues or concerns.
 1696         2.Facilitating collaboration between eligible institutions
 1697  and school districts, private schools pursuant to s. 1002.42,
 1698  and parents of students enrolled in home education programs
 1699  pursuant to s. 1002.41 in assisting students with intellectual
 1700  disabilities and their parents to plan for the transition of
 1701  such students into an FPCTP or another program at an eligible
 1702  institution.
 1703         3.Assisting eligible institutions with state FPCTP and
 1704  federal comprehensive transition and postsecondary program
 1705  applications.
 1706         4.Assisting eligible institutions with the identification
 1707  of funding sources for an FPCTP and for student financial
 1708  assistance for students enrolled in an FPCTP.
 1709         5.Monitoring federal and state law relating to the
 1710  comprehensive transition program and notifying the Legislature,
 1711  the Governor, the Board of Governors, and the State Board of
 1712  Education of any change in law which may impact the
 1713  implementation of this section.
 1714         (6)INSTITUTION ELIGIBILITY AND RESPONSIBILITIES.
 1715         (a) To offer an FPCTP, the president or executive director
 1716  of an eligible institution, as applicable, must submit to the
 1717  center, by a date established by the center, the following:
 1718         1. An application for approval of a comprehensive
 1719  transition program proposed by the eligible institution which
 1720  must be approved by the institution’s governing board and must
 1721  address the requirements of the federal comprehensive transition
 1722  and postsecondary program under 20 U.S.C. s. 1140 and the
 1723  requirements of this section, including, but not limited to:
 1724         a. Identification of a credential associated with the
 1725  proposed program, which is awarded to a student with an
 1726  intellectual disability who meets the student eligibility
 1727  requirements specified in subsection (4) upon completion of the
 1728  FPCTP.
 1729         b.The program length and design, including, at a minimum,
 1730  inclusive and successful experiential education practices
 1731  relating to curricular, assessment, and advising structure and
 1732  internship and employment opportunities which must support
 1733  students with intellectual disabilities who are seeking to
 1734  continue academic, career and technical, and independent living
 1735  instruction at an eligible institution, including, but not
 1736  limited to, opportunities to earn industry certifications, to
 1737  prepare students for gainful employment. If offering a college
 1738  credit-bearing degree program, an institution shall be
 1739  responsible for maintaining the rigor and effectiveness of a
 1740  comprehensive transition degree program at the same level as
 1741  another comparable degree program offered by the institution
 1742  pursuant to the applicable accreditation standards.
 1743         c.The plan for students with intellectual disabilities to
 1744  be integrated socially and academically with nondisabled
 1745  students, to the maximum extent possible, and to participate on
 1746  not less than a half-time basis, as determined by the eligible
 1747  institution, with such participation focusing on academic
 1748  components and occurring through one or more of the following
 1749  activities with nondisabled students:
 1750         (I)Regular enrollment in credit-bearing courses offered by
 1751  the institution.
 1752         (II)Auditing or participating in courses offered by the
 1753  institution for which the student does not receive academic
 1754  credit.
 1755         (III)Enrollment in noncredit-bearing, nondegree courses.
 1756         (IV)Participation in internships or work-based training.
 1757         d.The plan for partnerships with businesses to promote
 1758  experiential training and employment opportunities for students
 1759  with intellectual disabilities.
 1760         e. Performance indicators pursuant to subsection (8) and
 1761  other requirements identified by the center.
 1762         f. A 5-year plan incorporating enrollment and operational
 1763  expectations for the program.
 1764         2. Documented evidence of a federally approved
 1765  comprehensive transition and postsecondary program that is
 1766  determined to be an eligible program for the federal student aid
 1767  programs and is currently offered at the institution, documented
 1768  evidence of the submission of an application for such federal
 1769  approval of a comprehensive transition and postsecondary program
 1770  proposed by the institution, or documentation demonstrating the
 1771  commitment of the institution’s governing board to submit an
 1772  application within the subsequent academic year for federal
 1773  approval of a comprehensive transition and postsecondary program
 1774  proposed by the institution pursuant to 20 U.S.C. s. 1140.
 1775         (b)An eligible institution may submit an application to
 1776  the center for approval pursuant to the requirements of this
 1777  section for implementation of the FPCTP no later than the
 1778  academic year immediately following the academic year during
 1779  which the approval is granted. An eligible institution must
 1780  submit a renewal application to the center no later than 3 years
 1781  following the year during which the approval is initially
 1782  granted.
 1783         (c)By August 1 of each year, an eligible institution that
 1784  has an FPCTP shall submit an annual report to the center which,
 1785  at minimum, for the prior academic year, addresses the following
 1786  performance indicators:
 1787         1.Efforts to recruit students in the FPCTP and the number
 1788  of students enrolled in the program.
 1789         2.Efforts to retain students in the FPCTP and the
 1790  retention rate of students in the program.
 1791         3.The completion rate of students enrolled in the FPCTP
 1792  and courses, as applicable.
 1793         4.Transition success of students who complete an FPCTP, as
 1794  measured by employment rates and salary levels at 1 year and 5
 1795  years after completion.
 1796         5. Other performance indicators identified by the center
 1797  pursuant to subsection (8).
 1798         (d) An eligible institution shall notify students with
 1799  intellectual disabilities and their parents of the student
 1800  eligibility requirements specified in subsection (4) and the
 1801  scholarship requirements and eligibility requirements specified
 1802  in subsection (7).
 1803         (7)FLORIDA POSTSECONDRY COMPREHENSIVE TRANSITION PROGRAM
 1804  SCHOLARSHIP.
 1805         (a)Beginning in the 2015-2016 academic year, the Florida
 1806  Postsecondary Comprehensive Transition Program Scholarship is
 1807  established for students who meet the student eligibility
 1808  requirements specified in subsection (4), are enrolled in an
 1809  FPCTP, and are not receiving services that are funded through
 1810  the Florida Education Finance Program or a scholarship under
 1811  part III of chapter 1002.
 1812         (b) To maintain eligibility to receive a scholarship, a
 1813  student must continue to meet the requirements of paragraph (a)
 1814  and must demonstrate satisfactory academic progress in the
 1815  FPCTP, as determined by the eligible institution that the
 1816  student attends, based on the indicators identified by the
 1817  center pursuant to subsection (8).
 1818         (c)Payment of scholarship funds shall be transmitted to
 1819  the director of the center, or to his or her designee, in
 1820  advance of the registration period. The director, or his or her
 1821  designee, shall disburse the scholarship funds to the eligible
 1822  institutions that are responsible for awarding the scholarship
 1823  to students who meet the requirements of paragraphs (a) and (b).
 1824         (d)During each academic term, by a date established by the
 1825  center, an eligible institution shall report to the center the
 1826  number and value of all scholarships awarded under this
 1827  subsection. Each eligible institution shall also report to the
 1828  center necessary demographic and eligibility data and other data
 1829  requested by the center for students who received the
 1830  scholarship awards.
 1831         (e)By a date annually established by the center, each
 1832  eligible institution shall certify to the center the amount of
 1833  funds disbursed to each student and shall remit to the center
 1834  any undisbursed advances by June 1 of each year.
 1835         (f)Funding for the scholarship and the maximum allowable
 1836  award shall be as provided annually in the General
 1837  Appropriations Act. If funds appropriated are not adequate to
 1838  provide the maximum allowable award to each eligible student,
 1839  the awards may be prorated.
 1840         (8) ACCOUNTABILITY.—
 1841         (a)The center, in collaboration with the Board of
 1842  Governors and the State Board of Education, shall identify
 1843  indicators for the satisfactory progress of a student in an
 1844  FPCTP and for the performance of such programs. Each eligible
 1845  institution must address the indicators identified by the center
 1846  in its application for the approval of a proposed FPCTP and for
 1847  the renewal of an FPCTP and in the annual report that the
 1848  institution submits to the center.
 1849         (b)By October 1 of each year, the center shall provide to
 1850  the Governor, the President of the Senate, the Speaker of the
 1851  House of Representatives, the Chancellor of the State University
 1852  System, and the Commissioner of Education, a summary of
 1853  information including, but not limited to:
 1854         1.The status of the statewide coordination of FPCTPs and
 1855  the implementation of FPCTPs at eligible institutions including,
 1856  but not limited to:
 1857         a. The number of applications approved and disapproved and
 1858  the reasons for each disapproval and no action taken by the
 1859  chancellor or the commissioner.
 1860         b. The number and value of all scholarships awarded to
 1861  students and undisbursed advances remitted to the center
 1862  pursuant to subsection (7).
 1863         2. Indicators identified by the center pursuant to
 1864  paragraph (a) and the performance of each eligible institution
 1865  based on the indicators identified in paragraph (6)(c).
 1866         3. The projected number of students with intellectual
 1867  disabilities who may be eligible to enroll in the FPCTPs within
 1868  the next academic year.
 1869         4.Education programs and services for students with
 1870  intellectual disabilities which are available at an eligible
 1871  institution.
 1872         (c)Beginning in the 2015-2016 fiscal year, the center, in
 1873  collaboration with the Board of Governors, State Board of
 1874  Education, Higher Education Coordinating Council, and other
 1875  stakeholders, by December 1 each year, shall submit to the
 1876  Governor, the President of the Senate, and the Speaker of the
 1877  House of Representatives statutory or budget recommendations for
 1878  improving the implementation and delivery of FPCTPs and other
 1879  education programs and services for students with disabilities.
 1880         (9)RULES.—The Board of Governors and the State Board of
 1881  Education, in consultation with the center, shall expeditiously
 1882  adopt the necessary regulations and rules, as applicable, to
 1883  allow the center to perform its responsibilities pursuant to
 1884  this section beginning in the 2015-2016 fiscal year.
 1885         Section 23. Effective January 1, 2016, section 17.68,
 1886  Florida Statutes, is created to read:
 1887         17.68 Financial Literacy Program for Individuals with
 1888  Developmental Disabilities.—
 1889         (1) The Legislature finds that the state has a compelling
 1890  interest in promoting the economic independence and successful
 1891  employment of individuals with developmental disabilities as
 1892  defined in s. 393.063. In comparison with the general
 1893  population, individuals with developmental disabilities
 1894  experience lower rates of educational achievement, employment,
 1895  and annual earnings and are more likely to live in poverty.
 1896  Additionally, such individuals must navigate a complex network
 1897  of federal and state programs in order to be eligible for
 1898  financial and health benefits. Thus, it is essential that these
 1899  individuals have sufficient financial management knowledge and
 1900  skills to be able to comply with the benefit eligibility
 1901  processes and make informed decisions regarding financial
 1902  services and products provided by financial institutions.
 1903  Enhancing the financial literacy of such individuals will
 1904  provide a pathway for economic independence and successful
 1905  employment.
 1906         (2) The Financial Literacy Program for Individuals with
 1907  Developmental Disabilities is established within the Department
 1908  of Financial Services. The department, in consultation with
 1909  public and private stakeholders, shall develop and implement the
 1910  program, which shall be designed to promote the economic
 1911  independence and successful employment of individuals with
 1912  developmental disabilities. Banks, credit unions, savings
 1913  associations, and savings banks will be key participants in the
 1914  development and promotion of the program. The program must
 1915  provide information, resources, outreach, and education on the
 1916  following issues:
 1917         (a) For individuals with developmental disabilities:
 1918         1.Financial education, including instruction on money
 1919  management skills and the effective use of financial services
 1920  and products, to promote income preservation and asset
 1921  development.
 1922         2. Identification of available financial and health benefit
 1923  programs and services.
 1924         3. Job training programs and employment opportunities,
 1925  including work incentives and state and local workforce
 1926  development programs.
 1927         4. The impact of earnings and assets on federal and state
 1928  financial and health benefit programs and options to manage such
 1929  impact.
 1930         (b) For employers in this state, strategies to make program
 1931  information and educational materials available to their
 1932  employees with developmental disabilities.
 1933         (3)The department shall:
 1934         (a)Establish on its website a clearinghouse for
 1935  information regarding the program and other resources available
 1936  for individuals with developmental disabilities and their
 1937  employers.
 1938         (b) Publish a brochure that describes the program and is
 1939  accessible on its website.
 1940         (4) Within 90 days after the department establishes its
 1941  website and publishes its brochure, each bank, savings
 1942  association, and savings bank that is a qualified public
 1943  depository as defined in s. 280.02 shall:
 1944         (a) Make copies of the department’s brochures available,
 1945  upon the request of the consumer, at its principal place of
 1946  business and each branch office located in this state which has
 1947  in-person teller services by having copies of the brochure
 1948  available or having the capability to print a copy of the
 1949  brochure from the department’s website. Upon request, the
 1950  department shall provide copies of the brochure to a bank,
 1951  savings association, or savings bank.
 1952         (b) Provide on its website a hyperlink to the department’s
 1953  website for the program. If the department changes its website
 1954  address for the program, the bank, savings association, or
 1955  savings bank must update the hyperlink within 90 days after
 1956  notification by the department of such change.
 1957         Section 24. Section 110.107, Florida Statutes, is reordered
 1958  and amended to read:
 1959         110.107 Definitions.—As used in this chapter, the term:
 1960         (5)(1) “Department” means the Department of Management
 1961  Services.
 1962         (28)(2) “Secretary” means the Secretary of Management
 1963  Services.
 1964         (11)(3) “Furlough” means a temporary reduction in the
 1965  regular hours of employment in a pay period, or temporary leave
 1966  without pay for one or more pay periods, with a commensurate
 1967  reduction in pay, which is necessitated by a projected deficit
 1968  in any fund that supports salary and benefit appropriations. The
 1969  deficit must be projected by the Revenue Estimating Conference
 1970  pursuant to s. 216.136(3).
 1971         (30)(4) “State agency” or “agency” means any official,
 1972  officer, commission, board, authority, council, committee, or
 1973  department of the executive branch or the judicial branch of
 1974  state government as defined in chapter 216.
 1975         (21)(5) “Position” means the work, consisting of duties and
 1976  responsibilities, assigned to be performed by an officer or
 1977  employee.
 1978         (10)(6) “Full-time position” means a position authorized
 1979  for the entire normally established work period, whether daily,
 1980  weekly, monthly, or annually.
 1981         (18)(7) “Part-time position” means a position authorized
 1982  for less than the entire normally established work period,
 1983  whether daily, weekly, monthly, or annually.
 1984         (16)(8) “Occupation” means all positions that which are
 1985  sufficiently similar in knowledge, skills, and abilities, and
 1986  the sufficiently similar as to kind or subject matter of work.
 1987         (17)(9) “Occupational group” means a group of occupations
 1988  that which are sufficiently similar in the kind of work
 1989  performed to warrant the use of the same performance factors in
 1990  determining the level of complexity for all occupations in that
 1991  occupational group.
 1992         (3)(10) “Classification plan” means a formal description of
 1993  the concepts, rules, job family definitions, occupational group
 1994  characteristics, and occupational profiles used in the
 1995  classification of positions.
 1996         (20)(11) “Pay plan” means a formal description of the
 1997  philosophy, methods, procedures, and salary schedules for
 1998  competitively compensating employees at market-based rates for
 1999  work performed.
 2000         (27)(12) “Salary schedule” means an official document that
 2001  which contains a complete list of occupation titles, broadband
 2002  level codes, and pay bands.
 2003         (1)(13) “Authorized position” means a position included in
 2004  an approved budget. In counting the number of authorized
 2005  positions, part-time positions may be converted to full-time
 2006  equivalents.
 2007         (8)(14) “Established position” means an authorized position
 2008  that which has been classified in accordance with a
 2009  classification and pay plan as provided by law.
 2010         (22)(15) “Position number” means the identification number
 2011  assigned to an established position.
 2012         (26)(16) “Reclassification” means the changing of an
 2013  established position in one broadband level in an occupational
 2014  group to a higher or lower broadband level in the same
 2015  occupational group or to a broadband level in a different
 2016  occupational group.
 2017         (24)(17) “Promotion” means the changing of the
 2018  classification of an employee to a broadband level having a
 2019  higher maximum salary; or the changing of the classification of
 2020  an employee to a broadband level having the same or a lower
 2021  maximum salary but a higher level of responsibility.
 2022         (4)(18) “Demotion” means the changing of the classification
 2023  of an employee to a broadband level having a lower maximum
 2024  salary; or the changing of the classification of an employee to
 2025  a broadband level having the same or a higher maximum salary but
 2026  a lower level of responsibility.
 2027         (32)(19) “Transfer” means moving an employee from one
 2028  geographic location of the state to a different geographic
 2029  location more than in excess of 50 miles from the employee’s
 2030  current work location.
 2031         (25)(20) “Reassignment” means moving an employee from a
 2032  position in one broadband level to a different position in the
 2033  same broadband level or to a different broadband level having
 2034  the same maximum salary.
 2035         (6)(21) “Dismissal” means a disciplinary action taken by an
 2036  agency pursuant to s. 110.227 against an employee which results
 2037  resulting in the termination of his or her employment.
 2038         (31)(22) “Suspension” means a disciplinary action taken by
 2039  an agency pursuant to s. 110.227 against an employee which to
 2040  temporarily relieves relieve the employee of his or her duties
 2041  and places place him or her on leave without pay.
 2042         (15)(23) “Layoff” means termination of employment due to a
 2043  shortage of funds or work, or a material change in the duties or
 2044  organization of an agency, including the outsourcing or
 2045  privatization of an activity or function previously performed by
 2046  career service employees.
 2047         (7)(24) “Employing agency” means any agency authorized to
 2048  employ personnel to carry out the responsibilities of the agency
 2049  under the provisions of chapter 20 or other law statutory
 2050  authority.
 2051         (29)(25) “Shared employment” means part-time career
 2052  employment in which whereby the duties and responsibilities of a
 2053  full-time position in the career service are divided among part
 2054  time employees who are eligible for the position and who receive
 2055  career service benefits and wages pro rata. The term In no case
 2056  shall “shared employment” does not include the employment of
 2057  persons paid from other-personal-services funds.
 2058         (9)(26) “Firefighter” means a firefighter certified under
 2059  chapter 633.
 2060         (14)(27) “Law enforcement or correctional officer” means a
 2061  law enforcement officer, special agent, correctional officer,
 2062  correctional probation officer, or institutional security
 2063  specialist required to be certified under chapter 943.
 2064         (23)(28) “Professional health care provider” means
 2065  registered nurses, physician’s assistants, dentists,
 2066  psychologists, nutritionists or dietitians, pharmacists,
 2067  psychological specialists, physical therapists, and speech and
 2068  hearing therapists.
 2069         (13)(29) “Job family” means a defined grouping of one or
 2070  more occupational groups.
 2071         (19)(30) “Pay band” means the minimum salary, the maximum
 2072  salary, and intermediate rates that which are payable for work
 2073  in a specific broadband level.
 2074         (2)(31) “Broadband level” means all positions that which
 2075  are sufficiently similar in knowledge, skills, and abilities;
 2076  the, and sufficiently similar as to kind or subject matter of
 2077  work; the, level of difficulty or the level of
 2078  responsibilities;, and the qualification requirements of the
 2079  work so as to warrant the same treatment with respect as to
 2080  title, pay band, and other personnel transactions.
 2081         (12) “Individual who has a disability” means a person who
 2082  has a physical or intellectual impairment that substantially
 2083  limits one or more major life activities; a person who has a
 2084  history or record of such an impairment; or a person who is
 2085  perceived by others as having such an impairment.
 2086         Section 25. Subsections (1) and (2) of section 110.112,
 2087  Florida Statutes, are amended, present subsections (3) through
 2088  (6) of that section are redesignated as subsections (4) through
 2089  (7), respectively, and a new subsection (3) is added to that
 2090  section, to read:
 2091         110.112 Affirmative action; equal employment opportunity.—
 2092         (1) It is shall be the policy of this the state to assist
 2093  in providing the assurance of equal employment opportunity
 2094  through programs of affirmative and positive action that will
 2095  allow full utilization of women, and minorities, and individuals
 2096  who have a disability.
 2097         (2)(a) The head of each executive agency shall develop and
 2098  implement an affirmative action plan in accordance with rules
 2099  adopted by the department and approved by a majority vote of the
 2100  Administration Commission before their adoption.
 2101         (b) Each executive agency shall establish annual goals for
 2102  ensuring full utilization of groups underrepresented in the
 2103  agency’s its workforce, including women, minorities, and
 2104  individuals who have a disability, as compared to the relevant
 2105  labor market, as defined by the agency. Each executive agency
 2106  shall design its affirmative action plan to meet its established
 2107  goals.
 2108         (c) Each executive agency shall annually report to the
 2109  department regarding the agency’s progress toward increasing
 2110  employment among women, minorities, and individuals who have a
 2111  disability.
 2112         (d)(c) An affirmative action-equal employment opportunity
 2113  officer shall be appointed by the head of each executive agency.
 2114  The affirmative action-equal employment opportunity officer’s
 2115  responsibilities must include determining annual goals,
 2116  monitoring agency compliance, and providing consultation to
 2117  managers regarding progress, deficiencies, and appropriate
 2118  corrective action.
 2119         (e)(d) The department shall report information in its
 2120  annual workforce report relating to the implementation,
 2121  continuance, updating, and results of each executive agency’s
 2122  affirmative action plan for the previous fiscal year. The annual
 2123  workforce report must also include data for each executive
 2124  agency relating to employment levels among women, minorities,
 2125  and individuals who have a disability.
 2126         (f)(e) The department shall provide to all supervisory
 2127  personnel of the executive agencies training in the principles
 2128  of equal employment opportunity and affirmative action, the
 2129  development and implementation of affirmative action plans, and
 2130  the establishment of annual affirmative action goals. The
 2131  department may contract for training services, and each
 2132  participating agency shall reimburse the department for costs
 2133  incurred through such contract. After the department approves
 2134  the contents of the training program for the agencies, the
 2135  department may delegate this training to the executive agencies.
 2136         (3)(a) The department, in consultation with the Agency for
 2137  Persons with Disabilities, the Division of Vocational
 2138  Rehabilitation and the Division of Blind Services of the
 2139  Department of Education, the Department of Economic Opportunity,
 2140  and the Executive Office of the Governor, shall develop and
 2141  implement programs that incorporate internships, mentoring, on
 2142  the-job training, unpaid work experience, situational
 2143  assessments, and other innovative strategies that are
 2144  specifically geared toward individuals who have a disability.
 2145         (b) By January 1, 2016, the department shall develop
 2146  mandatory training programs for human resources personnel and
 2147  hiring managers of executive agencies which support the
 2148  employment of individuals who have a disability.
 2149         (c)1. By January 1, 2016, each executive agency shall
 2150  develop an agency-specific plan that addresses how to promote
 2151  employment opportunities for individuals who have a disability.
 2152         2. The department shall assist executive agencies in the
 2153  implementation of agency-specific plans. The department shall
 2154  regularly report to the Governor, the President of the Senate,
 2155  and the Speaker of the House of Representatives the progress of
 2156  executive agencies in implementing these plans. Such reports
 2157  shall be made at least biannually.
 2158         (d) The department shall compile data regarding the hiring
 2159  practices of executive agencies with regard to individuals who
 2160  have a disability and make such data available on its website.
 2161         (e) The department shall assist executive agencies in
 2162  identifying and implementing strategies for retaining employees
 2163  who have a disability which include, but are not limited to,
 2164  training programs, funding reasonable accommodations, increasing
 2165  access to appropriate technologies, and ensuring accessibility
 2166  of physical and virtual workplaces.
 2167         (f) The department shall adopt rules relating to forms that
 2168  provide for the voluntary self-identification of individuals who
 2169  have a disability who are employed by an executive agency.
 2170         (g) This subsection does not create any substantive or
 2171  procedural right or benefit enforceable at law or in equity
 2172  against the state or a state agency, or an officer, employee, or
 2173  agent thereof.
 2174         Section 26. Effective January 1, 2016, paragraph (e) is
 2175  added to subsection (1) of section 280.16, Florida Statutes, to
 2176  read:
 2177         280.16 Requirements of qualified public depositories;
 2178  confidentiality.—
 2179         (1) In addition to any other requirements specified in this
 2180  chapter, qualified public depositories shall:
 2181         (e) Participate in the Financial Literacy Program for
 2182  Individuals with Developmental Disabilities as required under s.
 2183  17.68.
 2184         Section 27. Subsection (9) of section 393.063, Florida
 2185  Statutes, is amended to read:
 2186         393.063 Definitions.—For the purposes of this chapter, the
 2187  term:
 2188         (9) “Developmental disability” means a disorder or syndrome
 2189  that is attributable to intellectual disability, cerebral palsy,
 2190  autism, Down syndrome, spina bifida, or Prader-Willi syndrome;
 2191  that manifests before the age of 18; and that constitutes a
 2192  substantial handicap that can reasonably be expected to continue
 2193  indefinitely.
 2194         Section 28. Employment First Act.—
 2195         (1) SHORT TITLE.—This section may be cited as the
 2196  “Employment First Act.”
 2197         (2) LEGISLATIVE INTENT.—The Legislature finds that
 2198  employment is the most direct and cost-effective means to assist
 2199  an individual in achieving independence and fulfillment;
 2200  however, individuals with disabilities are confronted by unique
 2201  barriers to employment that inhibit their opportunities to
 2202  compete fairly in the labor force. It is the intent of the
 2203  Legislature to provide a framework for a long-term commitment to
 2204  improving employment outcomes for individuals with disabilities
 2205  in this state through the implementation of the Employment First
 2206  Act.
 2207         (3) PURPOSE.—The purpose of the Employment First Act is to
 2208  prioritize employment of individuals with disabilities and to
 2209  change the employment system to better integrate individuals
 2210  with disabilities into the workforce. The Employment First Act
 2211  encourages a collaborative effort between state agencies and
 2212  organizations to achieve better employment outcomes for
 2213  individuals with disabilities.
 2214         (4) INTERAGENCY COOPERATIVE AGREEMENT.—The following state
 2215  agencies and organizations shall develop an interagency
 2216  cooperative agreement to implement the Employment First Act:
 2217         (a) The Division of Vocational Rehabilitation of the
 2218  Department of Education.
 2219         (b) The Division of Blind Services of the Department of
 2220  Education.
 2221         (c) The Bureau of Exceptional Education and Student
 2222  Services of the Department of Education.
 2223         (d) The Agency for Persons with Disabilities.
 2224         (e) The Substance Abuse and Mental Health Program of the
 2225  Department of Children and Families.
 2226         (f) The Department of Economic Opportunity.
 2227         (g) CareerSource Florida, Inc.
 2228         (h) The Florida Developmental Disabilities Council.
 2229         (i) Florida Association of Rehabilitation Facilities.
 2230         (j) Other appropriate organizations.
 2231         (5) ROLES AND RESPONSIBILITIES.—The interagency cooperative
 2232  agreement shall outline the roles and responsibilities of the
 2233  state agencies and organizations identified in subsection (4).
 2234  The objectives of the interagency cooperative agreement must
 2235  include all of the following:
 2236         (a) Establishing a commitment by leadership of the state
 2237  agencies and organizations to maximize the resources and
 2238  coordination to improve employment outcomes for individuals with
 2239  disabilities who seek publicly funded services.
 2240         (b) Developing strategic goals and benchmarks to assist the
 2241  state agencies and organizations in the implementation of this
 2242  agreement.
 2243         (c) Identifying financing and contracting methods that will
 2244  help to prioritize employment for individuals with disabilities
 2245  by state agencies and organizations.
 2246         (d) Establishing training methods to better integrate
 2247  individuals with disabilities into the workforce.
 2248         (e) Ensuring collaborative efforts between multiple
 2249  agencies to achieve the purposes of this act.
 2250         (f) Promoting service innovations to better assist
 2251  individuals with disabilities in the workplace.
 2252         (g) Identifying accountability measures to ensure the
 2253  sustainability of this agreement.
 2254         Section 29. Florida Unique Abilities Partner program.—
 2255         (1) CREATION AND PURPOSE.—The Department of Economic
 2256  Opportunity shall establish the Florida Unique Abilities Partner
 2257  program to designate a business entity as a Florida Unique
 2258  Abilities Partner if the business entity demonstrates
 2259  commitment, through employment or support, to the independence
 2260  of individuals who have a disability. The department shall
 2261  consult with the Agency for Persons with Disabilities, the
 2262  Division of Vocational Rehabilitation of the Department of
 2263  Education, the Division of Blind Services of the Department of
 2264  Education, and CareerSource Florida, Inc., in creating the
 2265  program.
 2266         (2) DEFINITIONS.—As used in this section, the term:
 2267         (a) “Department” means the Department of Economic
 2268  Opportunity.
 2269         (b) “Individuals who have a disability” means persons who
 2270  have a physical or intellectual impairment that substantially
 2271  limits one or more major life activities; persons who have a
 2272  history or record of such an impairment; or persons who are
 2273  perceived by others as having such an impairment.
 2274         (3) DESIGNATION.—
 2275         (a) A business entity may apply to the department to be
 2276  designated as a Florida Unique Abilities Partner, based on the
 2277  business entity’s achievements in at least one of the following
 2278  categories:
 2279         1. Employment of individuals who have a disability.
 2280         2. Contributions to local or national disability
 2281  organizations.
 2282         3. Contributions to or the establishment of a program that
 2283  contributes to the independence of individuals who have a
 2284  disability.
 2285         (b) As an alternative to application by a business entity,
 2286  the department must consider nominations from members of the
 2287  community where the business entity is located. The nomination
 2288  must identify the business entity’s achievements in at least one
 2289  of the categories provided in paragraph (a).
 2290         (c) The name, location, and contact information of the
 2291  business entity must be included in the business entity’s
 2292  application or nomination.
 2293         (d) The department shall adopt procedures for the
 2294  application, nomination, and designation processes for the
 2295  Florida Unique Abilities Partner program. Designation as a
 2296  Florida Unique Abilities Partner does not establish or involve
 2297  licensure, does not affect the substantial interests of a party,
 2298  and does not constitute a final agency action. The Florida
 2299  Unique Abilities Partner program and designation are not subject
 2300  to chapter 120, Florida Statutes.
 2301         (4)ELIGIBILITY AND AWARD.—In determining the eligibility
 2302  for the designation of a business entity as a Florida Unique
 2303  Abilities Partner, the department shall consider, at a minimum,
 2304  the following criteria:
 2305         (a)For a designation based on an application by a
 2306  business:
 2307         1. A business entity must certify that it employs at least
 2308  one individual who has a disability. Such employees must be
 2309  residents of this state and must have been employed by the
 2310  business entity for at least 9 months before the business
 2311  entity’s application for the designation. The department may not
 2312  require the employer to provide personally identifiable
 2313  information about its employees;
 2314         2.A business entity must certify that it has made
 2315  contributions to local and national disability organizations or
 2316  contributions in support of individuals who have a disability.
 2317  Contributions may be accomplished through financial or in-kind
 2318  contributions, including employee volunteer hours. Contributions
 2319  must be documented by providing copies of written receipts or
 2320  letters of acknowledgment from recipients or donees. A business
 2321  entity with 100 or fewer employees must make a financial or in
 2322  kind contribution of at least $1,000, and a business entity with
 2323  more than 100 employees must make a financial or in-kind
 2324  contribution of at least $5,000; or
 2325         3. A business entity must certify that it has established,
 2326  or has contributed to the establishment of, a program that
 2327  contributes to the independence of individuals who have a
 2328  disability. Contributions must be documented by providing copies
 2329  of written receipts, a summary of the program, program
 2330  materials, or letters of acknowledgment from program
 2331  participants or volunteers. A business entity with 100 or fewer
 2332  employees must make a financial or in-kind contribution of at
 2333  least $1,000 in the program, and a business entity with more
 2334  than 100 employees must make a financial or in-kind contribution
 2335  of at least $5,000.
 2336  
 2337  A business entity that applies to the department to be
 2338  designated as a Florida Unique Abilities Partner shall be
 2339  awarded the designation upon meeting the requirements of this
 2340  section.
 2341         (b) For a designation based upon receipt of a nomination of
 2342  a business entity:
 2343         1. The department shall determine whether the nominee,
 2344  based on the information provided by the nominating person or
 2345  entity, meets the requirements of paragraph (a). The department
 2346  may request additional information from the nominee.
 2347         2. If the nominee meets the requirements, the department
 2348  shall provide notice, including the qualification criteria
 2349  provided in the nomination, to the nominee regarding the
 2350  nominee’s eligibility to be awarded a designation as a Florida
 2351  Unique Abilities Partner.
 2352         3. The nominee shall be provided 30 days from the receipt
 2353  of the notice to certify that the information in the notice is
 2354  true and accurate and accept the nomination; or to decline the
 2355  nomination. After 30 days, if the nomination has not been
 2356  accepted, the department may not award the designation. If the
 2357  nominee accepts the nomination, the department shall award the
 2358  designation. If the nominee declines the nomination, the
 2359  department may not award the designation.
 2360         (5) ANNUAL CERTIFICATION.—After an initial designation as a
 2361  Florida Unique Abilities Partner, a business entity must certify
 2362  each year that it continues to meet the criteria for the
 2363  designation. If a business entity does not submit the yearly
 2364  certification of continued eligibility, the department shall
 2365  remove the designation. A business entity may elect to
 2366  discontinue its use of the designation at any time by notifying
 2367  the department of such decision.
 2368         (6) LOGO DEVELOPMENT.—
 2369         (a) The department, in consultation with members of the
 2370  disability community, shall develop a logo that identifies a
 2371  business entity that is designated as a Florida Unique Abilities
 2372  Partner.
 2373         (b) The department shall adopt guidelines and requirements
 2374  for use of the logo, including how the logo may be used in
 2375  advertising. The department may allow a business entity to
 2376  display a Florida Unique Abilities Partner logo upon
 2377  designation. A business entity that has not been designated as a
 2378  Florida Unique Abilities Partner or has elected to discontinue
 2379  its designated status may not display the logo.
 2380         (7) WEBSITE.—The department shall maintain a website for
 2381  the program. At a minimum, the website must provide: a list of
 2382  business entities, by county, that currently have the Florida
 2383  Unique Abilities Partner designation, updated quarterly;
 2384  information regarding the eligibility requirements for the
 2385  designation and the method of application or nomination; and
 2386  best practices for business entities to facilitate the inclusion
 2387  of individuals who have a disability, updated annually. The
 2388  website may provide links to the websites of organizations or
 2389  other resources that will aid business entities to employ or
 2390  support individuals who have a disability.
 2391         (8)INTERAGENCY COLLABORATION.—
 2392         (a) The Agency for Persons with Disabilities shall provide
 2393  a link on its website to the department’s website for the
 2394  Florida Unique Abilities Partner program.
 2395         (b) On a quarterly basis, the department shall provide the
 2396  Florida Tourism Industry Marketing Corporation with a current
 2397  list of all businesses that are designated as Florida Unique
 2398  Abilities Partners. The Florida Tourism Industry Marketing
 2399  Corporation must consider the Florida Unique Abilities Partner
 2400  program in the development of marketing campaigns, and
 2401  specifically in any targeted marketing campaign for individuals
 2402  who have a disability or their families.
 2403         (c) The department and CareerSource Florida, Inc., shall
 2404  identify employment opportunities posted by business entities
 2405  that currently have the Florida Unique Abilities Partner
 2406  designation on the workforce information system under s.
 2407  445.011, Florida Statutes.
 2408         (9)REPORT.—
 2409         (a) By January 1, 2016, the department shall provide a
 2410  report to the President of the Senate and the Speaker of the
 2411  House of Representatives on the status of the implementation of
 2412  this section, including the adoption of rules, development of
 2413  the logo, and development of application procedures.
 2414         (b) Beginning in 2016 and each year thereafter, the
 2415  department’s annual report required under s. 20.60, Florida
 2416  Statutes, must describe in detail the progress and use of the
 2417  program. At a minimum, the report must include the following
 2418  information for the most recent year: the number of applications
 2419  and nominations received; the number of nominations accepted and
 2420  declined; designations awarded; annual certifications; use of
 2421  information provided under subsection (8); and any other
 2422  information deemed necessary to evaluate the program.
 2423         (10) RULES.—The department shall adopt rules to administer
 2424  this section.
 2425         Section 30. For the 2015-2016 fiscal year, the sums of
 2426  $100,000 in recurring funds and $100,000 in nonrecurring funds
 2427  from the Special Employment Security Administration Trust Fund
 2428  are appropriated to the Department of Economic Opportunity for
 2429  the purpose of funding the development, implementation, and
 2430  administration of the Florida Unique Abilities Partner program
 2431  created by this act.
 2432         Section 31. For the 2015-2016 fiscal year, the sums of
 2433  $63,664 in recurring funds and $73,570 in nonrecurring funds
 2434  from the Insurance Regulatory Trust Fund are appropriated to the
 2435  Consumer Assistance Program within the Department of Financial
 2436  Services, and one full-time equivalent position with associated
 2437  salary rate of 41,114 is authorized for the program for the
 2438  purpose of implementing the Financial Literacy Program for
 2439  Individuals with Developmental Disabilities created by this act.
 2440         Section 32. For the 2015-2016 fiscal year, the following
 2441  sums are appropriated for the purpose of implementing the
 2442  amendments made by this act to s. 110.112, Florida Statutes,
 2443  relating to the employment of individuals who have a disability:
 2444         (1) The sums of $138,692 in recurring funds and $26,264 in
 2445  nonrecurring funds are appropriated from the State Personnel
 2446  System Trust Fund to the Department of Management Services, and
 2447  two full-time equivalent positions with associated salary rate
 2448  of 92,762 are authorized.
 2449         (2) The sum of $88,285 from the General Revenue Fund and
 2450  the sum of $76,671 from trust funds within the Human Resource
 2451  Services appropriation category are appropriated to Administered
 2452  Funds.
 2453         Section 33. Except as otherwise expressly provided in this
 2454  act, this act shall take effect July 1, 2015.
 2455  
 2456  ================= T I T L E  A M E N D M E N T ================
 2457  And the title is amended as follows:
 2458         Delete lines 839 - 899
 2459  and insert:
 2460         An act relating to education; amending s. 446.021,
 2461         F.S.; revising terms; amending s. 446.032, F.S.;
 2462         conforming a provision to changes made by the act;
 2463         requiring the Department of Education, in
 2464         collaboration with the Department of Economic
 2465         Opportunity, to identify, develop, and register
 2466         specified apprenticeship programs; requiring the
 2467         department to annually submit an accountability report
 2468         with specified requirements to the Governor, the
 2469         Legislature, and the Higher Education Coordinating
 2470         Council; requiring the department to post on its
 2471         Internet website specified information regarding
 2472         apprenticeship programs; amending s. 446.045, F.S.;
 2473         clarifying State Apprenticeship Advisory Council
 2474         membership; amending s. 446.052, F.S.; requiring the
 2475         Department of Education, in collaboration with the
 2476         Department of Economic Opportunity, to identify,
 2477         develop, and register specified preapprenticeship
 2478         programs; requiring the department to annually submit
 2479         an accountability report with specified requirements
 2480         to the Governor, the Legislature, and the Higher
 2481         Education Coordinating Council; requiring the
 2482         department to post on its Internet website specified
 2483         information regarding preapprenticeship programs;
 2484         requiring the Department of Education, in
 2485         collaboration with the Department of Economic
 2486         Opportunity and CareerSource Florida, Inc., to submit
 2487         an operational report to the Governor, the
 2488         Legislature, and the Higher Education Coordinating
 2489         Council with specified information; providing for
 2490         expiration; amending s. 446.081, F.S.; clarifying the
 2491         limitations of certain provisions; amending s.
 2492         446.091, F.S.; conforming a provision to a change made
 2493         by the act; amending s. 446.092, F.S.; revising
 2494         characteristics of an apprenticeable occupation;
 2495         creating s. 1001.92, F.S.; requiring the Board of
 2496         Governors to base state performance funds for the
 2497         State University System on specified metrics adopted
 2498         by the board; specifying allocation of the funds;
 2499         requiring certain funds to be withheld from an
 2500         institution based on specified performance; requiring
 2501         the board to submit a report by a specified time to
 2502         the Governor and the Legislature; requiring the board
 2503         to adopt rules; amending s. 1002.385, F.S.; revising
 2504         definitions applicable to the Florida Personal
 2505         Learning Scholarship Accounts Program; revising
 2506         scholarship application deadlines and guidelines;
 2507         revising provisions to conform to the designation of
 2508         eligible nonprofit scholarship-funding organizations;
 2509         requiring authorized program funds to support the
 2510         student’s educational needs; requiring the Florida
 2511         Prepaid College Board to create certain procedures;
 2512         authorizing part-time private tutoring services by
 2513         persons meeting certain requirements; authorizing
 2514         program funds to be spent for specified education
 2515         programs and services; revising the conditions under
 2516         which a student’s personal learning scholarship
 2517         account must be closed; revising the responsibilities
 2518         for school districts; revising requirements for a
 2519         private school’s eligibility to participate in the
 2520         program; revising responsibilities of the Department
 2521         of Education and the Commissioner of Education with
 2522         respect to program administration; revising
 2523         responsibilities for parents and students to
 2524         participate in the program; requiring a parent to
 2525         affirm that program funds are used only for authorized
 2526         purposes that serve the student’s educational needs;
 2527         revising responsibilities of an organization
 2528         pertaining to the administration of personal learning
 2529         scholarship accounts; revising the wait list and
 2530         priority of approving renewal and new applications;
 2531         revising the notice requirement of an organization;
 2532         authorizing accrued interest to be used for authorized
 2533         expenditures; requiring accrued interest to be
 2534         reverted as a part of reverted scholarship funds;
 2535         revising taxable income requirements; removing
 2536         obsolete audit requirements; requiring the Auditor
 2537         General to provide a copy of each annual operational
 2538         audit performed to the Commissioner of Education
 2539         within a specified timeframe; requiring the department
 2540         to provide an annual report to the Governor and the
 2541         Legislature regarding the program; prescribing report
 2542         requirements; providing for future repeal of
 2543         provisions pertaining to an implementation schedule of
 2544         notification and eligibility timelines; amending s.
 2545         1002.395, F.S.; revising the use of eligible
 2546         contributions by eligible nonprofit scholarship
 2547         funding organizations; revising the surety bond
 2548         requirements for nonprofit scholarship-funding
 2549         organizations submitting initial and renewal
 2550         scholarship program participation applications;
 2551         amending s. 1009.971, F.S.; revising the powers and
 2552         duties of the Florida Prepaid College Board to include
 2553         specified rulemaking authority; amending ss. 1009.98
 2554         and 1009.981, F.S.; authorizing a prepaid college plan
 2555         or a college savings plan to be purchased, accounted
 2556         for, used, and terminated under certain circumstances;
 2557         specifying rulemaking requirements applicable to the
 2558         department; creating s. 1004.084, F.S.; requiring the
 2559         Board of Governors of the State University System and
 2560         the State Board of Education to submit annual reports
 2561         to the Governor and Legislature relating to college
 2562         affordability; amending s. 1004.085, F.S.; revising
 2563         provisions relating to textbook affordability to
 2564         include instructional materials; defining the term
 2565         “instructional materials”; requiring Florida College
 2566         System institution and state university boards of
 2567         trustees to identify wide variances in the costs of,
 2568         and in the frequency of changes in the selection of,
 2569         textbooks and instructional materials for certain
 2570         courses; requiring the boards of trustees to send
 2571         identified courses to the academic department chairs
 2572         for review; providing for legislative review and
 2573         repeal of specified provisions; requiring
 2574         postsecondary institutions to consult with certain
 2575         school districts to identify certain practices;
 2576         requiring cost-benefit analyses relating to textbooks
 2577         and instructional materials; providing reporting
 2578         requirements; amending s. 1006.735, F.S.; establishing
 2579         the Rapid Response Education and Training Program
 2580         within the Complete Florida Plus Program; requiring
 2581         the Complete Florida Plus Program to work with
 2582         Enterprise Florida, Inc., to offer certain education
 2583         and training commitments to businesses; specifying the
 2584         duties of the program; requiring reports to the
 2585         Legislature; requiring the Division of Career and
 2586         Adult Education within the Department of Education to
 2587         conduct an analysis and assessment of the
 2588         effectiveness of the education and training programs;
 2589         amending s. 1009.22, F.S.; revising the amount by
 2590         which tuition may vary for the combined total of the
 2591         standard tuition and out-of-state fees; amending s.
 2592         1009.23, F.S.; prohibiting resident tuition at a
 2593         Florida College System institution from exceeding a
 2594         specified amount per credit hour; revising the amount
 2595         by which tuition may vary for the combined total of
 2596         the standard tuition and out-of-state fees; requiring
 2597         a Florida College System institution to publicly
 2598         notice meetings at which votes on proposed tuition or
 2599         fee increases are scheduled; amending s. 1009.24,
 2600         F.S.; prohibiting resident undergraduate tuition at a
 2601         state university from exceeding a specified amount per
 2602         credit hour; removing authority for a designee of the
 2603         Board of Governors to establish graduate and
 2604         professional tuition and out-of-state fees;
 2605         prohibiting graduate and professional program tuition
 2606         from exceeding a specified amount; requiring a state
 2607         university to publicly notice meetings at which votes
 2608         on proposed tuition or fee increases are scheduled;
 2609         creating s. 1004.6501, F.S.; providing a short title;
 2610         providing purposes and legislative intent; defining
 2611         terms; establishing eligibility requirements for
 2612         enrollment in the Florida Postsecondary Comprehensive
 2613         Transition Program; requiring eligible institutions to
 2614         make student eligibility determinations; establishing
 2615         the Florida Center for Students with Unique Abilities;
 2616         specifying the duties of the center and the center
 2617         director; specifying application requirements for
 2618         initial approval and renewal of approval; requiring an
 2619         eligible institution with an approved program to
 2620         submit an annual report to the center by a specified
 2621         date; establishing a Florida Postsecondary
 2622         Comprehensive Transition Program Scholarship for
 2623         certain qualified students; specifying the
 2624         requirements for a student to maintain eligibility for
 2625         the scholarship; providing for the distribution of
 2626         scholarship funds; requiring an eligible institution
 2627         to report certain data and information to the center;
 2628         requiring an eligible institution to certify and
 2629         report the amount of funds disbursed and undisbursed
 2630         advances to the center by a specified date; requiring
 2631         the center, with the Board of Governors and the State
 2632         Board of Education, to identify program progress and
 2633         performance indicators; requiring an annual report to
 2634         the Governor, the President of the Senate, the Speaker
 2635         of the House of Representatives, the Chancellor of the
 2636         State University System, and the Commissioner of
 2637         Education by a specified date; requiring the center,
 2638         with other stakeholders, to submit to the Governor,
 2639         the President of the Senate, and the Speaker of the
 2640         House of Representatives statutory or budget
 2641         recommendations for the program; requiring the Board
 2642         of Governors and the State Board of Education, in
 2643         consultation with the center, to adopt regulations and
 2644         rules; creating s. 17.68, F.S.; providing legislative
 2645         findings; establishing the Financial Literacy Program
 2646         for Individuals with Developmental Disabilities within
 2647         the Department of Financial Services; requiring the
 2648         department to develop and implement the program in
 2649         consultation with specified stakeholders; providing
 2650         for the participation of banks, credit unions, savings
 2651         associations, and savings banks; requiring the program
 2652         to provide information and other offerings on
 2653         specified issues to individuals with developmental
 2654         disabilities and employers in this state; requiring
 2655         the department to establish on its website a
 2656         clearinghouse for information regarding the program
 2657         and to publish a brochure describing the program;
 2658         requiring, by a specified date, qualified public
 2659         depositories to make copies of the department’s
 2660         brochure available and provide a hyperlink on their
 2661         websites to the department’s website for the program;
 2662         reordering and amending s. 110.107, F.S.; revising
 2663         definitions and defining the term “individual who has
 2664         a disability”; amending s. 110.112, F.S.; revising the
 2665         state’s equal employment opportunity policy to include
 2666         individuals who have a disability; requiring each
 2667         executive agency to annually report to the Department
 2668         of Management Services regarding the agency’s progress
 2669         in increasing employment among certain
 2670         underrepresented groups; revising the required content
 2671         of the department’s annual workforce report; requiring
 2672         the department to develop and implement certain
 2673         programs geared toward individuals who have a
 2674         disability; requiring the department to develop
 2675         training programs by a specified date; requiring each
 2676         executive agency to develop a plan regarding the
 2677         employment of individuals who have a disability by a
 2678         specified date; requiring the department to report to
 2679         the Governor and the Legislature regarding
 2680         implementation; requiring the department to compile
 2681         and post data regarding the hiring practices of
 2682         executive agencies regarding the employment of
 2683         individuals who have a disability; requiring the
 2684         department to assist executive agencies in identifying
 2685         strategies to retain employees who have a disability;
 2686         requiring the department to adopt certain rules;
 2687         specifying that the act does not create any
 2688         enforceable right or benefit; amending s. 280.16,
 2689         F.S.; requiring a qualified public depository to
 2690         participate in the Financial Literacy Program for
 2691         Individuals with Developmental Disabilities; amending
 2692         s. 393.063, F.S.; revising the definition of the term
 2693         “developmental disability” to include Down syndrome;
 2694         creating the “Employment First Act”; providing
 2695         legislative intent; providing a purpose; requiring
 2696         specified state agencies and organizations to develop
 2697         and implement an interagency cooperative agreement;
 2698         requiring the interagency cooperative agreement to
 2699         provide the roles, responsibilities, and objectives of
 2700         state agencies and organizations; requiring the
 2701         Department of Economic Opportunity, in consultation
 2702         with other organizations, to create the Florida Unique
 2703         Abilities Partner program; defining terms; authorizing
 2704         a business entity to apply to the department for
 2705         designation; requiring the department to consider
 2706         nominations of business entities for designation;
 2707         requiring the department to adopt procedures for
 2708         application and designation processes; establishing
 2709         criteria for a business entity to be designated as a
 2710         Florida Unique Abilities Partner; requiring a business
 2711         entity to certify that it continues to meet the
 2712         established criteria for designation each year;
 2713         requiring the department to remove the designation if
 2714         a business entity does not submit yearly certification
 2715         of continued eligibility; authorizing a business
 2716         entity to discontinue its use of the designation;
 2717         requiring the department, in consultation with the
 2718         disability community, to develop a logo for business
 2719         entities designated as Florida Unique Abilities
 2720         Program Partners; requiring the department to adopt
 2721         guidelines and requirements for use of the logo;
 2722         authorizing the department to allow a designated
 2723         business entity to display a logo; prohibiting the use
 2724         of a logo if a business entity does not have a current
 2725         designation; requiring the department to maintain a
 2726         website with specified information; requiring the
 2727         Agency for Persons with Disabilities to provide a link
 2728         on its website to the department’s website for the
 2729         Florida Unique Abilities Partner program; requiring
 2730         the department to provide the Florida Tourism Industry
 2731         Marketing Corporation with certain information;
 2732         requiring the department and CareerSource Florida,
 2733         Inc., to identify employment opportunities posted by
 2734         employers that receive the Florida Unique Abilities
 2735         Partner designation on the workforce information
 2736         system; providing report requirements; requiring the
 2737         department to adopt rules; providing appropriations;
 2738         providing effective dates.