Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. CS for HB 7055
       
       
       
       
       
       
                                Ì848558ZÎ848558                         
       
                              LEGISLATIVE ACTION                        
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       The Committee on Education (Farmer) recommended the following:
       
    1         Senate Substitute for Amendment (826696) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Paragraph (b) of subsection (6) of section
    7  1002.33, Florida Statutes, is amended to read:
    8         1002.33 Charter schools.—
    9         (6) APPLICATION PROCESS AND REVIEW.—Charter school
   10  applications are subject to the following requirements:
   11         (b) A sponsor shall receive and review all applications for
   12  a charter school using the evaluation instrument developed by
   13  the Department of Education. A sponsor shall receive and
   14  consider charter school applications received on or before
   15  August 1 of each calendar year for charter schools to be opened
   16  at the beginning of the school district’s next school year, or
   17  to be opened at a time agreed to by the applicant and the
   18  sponsor. A sponsor may not refuse to receive a charter school
   19  application submitted before August 1 and may receive an
   20  application submitted later than August 1 if it chooses.
   21  Beginning in 2018 and thereafter, a sponsor shall receive and
   22  consider charter school applications received on or before
   23  February 1 of each calendar year for charter schools to be
   24  opened 18 months later at the beginning of the school district’s
   25  school year, or to be opened at a time agreed to by the
   26  applicant and the sponsor. A sponsor may not refuse to receive a
   27  charter school application submitted before February 1 and may
   28  receive an application submitted later than February 1 if it
   29  chooses. A sponsor may not charge an applicant for a charter any
   30  fee for the processing or consideration of an application, and a
   31  sponsor may not base its consideration or approval of a final
   32  application upon the promise of future payment of any kind.
   33  Before approving or denying any application, the sponsor shall
   34  allow the applicant, upon receipt of written notification, at
   35  least 7 calendar days to make technical or nonsubstantive
   36  corrections and clarifications, including, but not limited to,
   37  corrections of grammatical, typographical, and like errors or
   38  missing signatures, if such errors are identified by the sponsor
   39  as cause to deny the final application.
   40         1. In order to facilitate an accurate budget projection
   41  process, a sponsor shall be held harmless for FTE students who
   42  are not included in the FTE projection due to approval of
   43  charter school applications after the FTE projection deadline.
   44  In a further effort to facilitate an accurate budget projection,
   45  within 15 calendar days after receipt of a charter school
   46  application, a sponsor shall report to the Department of
   47  Education the name of the applicant entity, the proposed charter
   48  school location, and its projected FTE.
   49         2. In order to ensure fiscal responsibility, an application
   50  for a charter school shall include a full accounting of expected
   51  assets, a projection of expected sources and amounts of income,
   52  including income derived from projected student enrollments and
   53  from community support, and an expense projection that includes
   54  full accounting of the costs of operation, including start-up
   55  costs.
   56         3.a. A sponsor shall by a majority vote approve or deny an
   57  application no later than 90 calendar days after the application
   58  is received, unless the sponsor and the applicant mutually agree
   59  in writing to temporarily postpone the vote to a specific date,
   60  at which time the sponsor shall by a majority vote approve or
   61  deny the application. If the sponsor fails to act on the
   62  application, an applicant may appeal to the State Board of
   63  Education as provided in paragraph (c). If an application is
   64  denied, the sponsor shall, within 10 calendar days after such
   65  denial, articulate in writing the specific reasons, based upon
   66  good cause, supporting its denial of the application and shall
   67  provide the letter of denial and supporting documentation to the
   68  applicant and to the Department of Education.
   69         b. An application submitted by a high-performing charter
   70  school identified pursuant to s. 1002.331 or a high-performing
   71  charter school system identified pursuant to s. 1002.332 may be
   72  denied by the sponsor only if the sponsor demonstrates by clear
   73  and convincing evidence that:
   74         (I) The application does not materially comply with the
   75  requirements in paragraph (a);
   76         (II) The charter school proposed in the application does
   77  not materially comply with the requirements in paragraphs
   78  (9)(a)-(f);
   79         (III) The proposed charter school’s educational program
   80  does not substantially replicate that of the applicant or one of
   81  the applicant’s high-performing charter schools;
   82         (IV) The applicant has made a material misrepresentation or
   83  false statement or concealed an essential or material fact
   84  during the application process; or
   85         (V) The proposed charter school’s educational program and
   86  financial management practices do not materially comply with the
   87  requirements of this section.
   88  
   89  Material noncompliance is a failure to follow requirements or a
   90  violation of prohibitions applicable to charter school
   91  applications, which failure is quantitatively or qualitatively
   92  significant either individually or when aggregated with other
   93  noncompliance. An applicant is considered to be replicating a
   94  high-performing charter school if the proposed school is
   95  substantially similar to at least one of the applicant’s high
   96  performing charter schools and the organization or individuals
   97  involved in the establishment and operation of the proposed
   98  school are significantly involved in the operation of replicated
   99  schools.
  100         c. If the sponsor denies an application submitted by a
  101  high-performing charter school or a high-performing charter
  102  school system, the sponsor must, within 10 calendar days after
  103  such denial, state in writing the specific reasons, based upon
  104  the criteria in sub-subparagraph b., supporting its denial of
  105  the application and must provide the letter of denial and
  106  supporting documentation to the applicant and to the Department
  107  of Education. The applicant may appeal the sponsor’s denial of
  108  the application in accordance with paragraph (c).
  109         4. For budget projection purposes, the sponsor shall report
  110  to the Department of Education the approval or denial of an
  111  application within 10 calendar days after such approval or
  112  denial. In the event of approval, the report to the Department
  113  of Education shall include the final projected FTE for the
  114  approved charter school.
  115         5. Upon approval of an application, the initial startup
  116  shall commence with the beginning of the public school calendar
  117  for the district in which the charter is granted. A charter
  118  school may defer the opening of the school’s operations for up
  119  to 3 2 years to provide time for adequate facility planning. The
  120  charter school must provide written notice of such intent to the
  121  sponsor and the parents of enrolled students at least 30
  122  calendar days before the first day of school.
  123         Section 2. Subsection (1) of section 1002.331, Florida
  124  Statutes, is amended to read:
  125         1002.331 High-performing charter schools.—
  126         (1) A charter school is a high-performing charter school if
  127  it:
  128         (a) Received at least two school grades of “A” and no
  129  school grade below “B,” pursuant to s. 1008.34, during each of
  130  the previous 3 school years or received at least two consecutive
  131  school grades of “A” in the most recent 2 school years.
  132         (b) Received an unqualified opinion on each annual
  133  financial audit required under s. 218.39 in the most recent 3
  134  fiscal years for which such audits are available.
  135         (c) Did not receive a financial audit that revealed one or
  136  more of the financial emergency conditions set forth in s.
  137  218.503(1) in the most recent 3 fiscal years for which such
  138  audits are available. However, this requirement is deemed met
  139  for a charter school-in-the-workplace if there is a finding in
  140  an audit that the school has the monetary resources available to
  141  cover any reported deficiency or that the deficiency does not
  142  result in a deteriorating financial condition pursuant to s.
  143  1002.345(1)(a)3.
  144  
  145  For purposes of determining initial eligibility, the
  146  requirements of paragraphs (b) and (c) only apply to the most
  147  recent 2 fiscal years if the charter school earns two
  148  consecutive grades of “A.” A virtual charter school established
  149  under s. 1002.33 is not eligible for designation as a high
  150  performing charter school.
  151         Section 3. Present subsections (11) and (12) of section
  152  1002.333, Florida Statutes, are redesignated as subsections (12)
  153  and (13), respectively, a new subsection (11) is added to that
  154  section, and subsections (1) and (2), paragraph (a) of
  155  subsection (4), paragraphs (b), (g), and (i) of subsection (5),
  156  paragraph (a) of subsection (7), subsection (9), and paragraph
  157  (b) of subsection (10) of that section are amended, to read:
  158         1002.333 Persistently low-performing schools.—
  159         (1) DEFINITIONS.—As used in this section, the term:
  160         (a) “Hope operator” means an entity identified by the
  161  department pursuant to subsection (2).
  162         (b) “Persistently low-performing school” means a school
  163  that has completed 2 school years of a district-managed
  164  turnaround plan required under s. 1008.33(4)(a) and has not
  165  improved its school grade to a “C” or higher, earned three
  166  consecutive grades lower than a “C,” pursuant to s. 1008.34, and
  167  a school that was closed pursuant to s. 1008.33(4) within 2
  168  years after the submission of a notice of intent.
  169         (c) “School of hope” means:
  170         1. A charter school operated by a hope operator which
  171  serves students from one or more persistently low-performing
  172  schools; is located in the attendance zone of a persistently
  173  low-performing school or within a 5-mile radius of such school,
  174  whichever is greater; and is a Title I eligible school; or
  175         2. A school operated by a hope operator pursuant to s.
  176  1008.33(4)(b)3.b. s. 1008.33(4)(b)3.
  177         (2) HOPE OPERATOR.—A hope operator is a nonprofit
  178  organization with tax exempt status under s. 501(c)(3) of the
  179  Internal Revenue Code which that operates three or more charter
  180  schools that serve students in grades K-12 in Florida or other
  181  states with a record of serving students from low-income
  182  families and is designated by the State Board of Education as a
  183  hope operator based on a determination that:
  184         (a) The past performance of the hope operator meets or
  185  exceeds the following criteria:
  186         1. The achievement of enrolled students exceeds the
  187  district and state averages of the states in which the
  188  operator’s schools operate;
  189         2. The average college attendance rate at all schools
  190  currently operated by the operator exceeds 80 percent, if such
  191  data is available;
  192         3. The percentage of students eligible for a free or
  193  reduced price lunch under the National School Lunch Act enrolled
  194  at all schools currently operated by the operator exceeds 70
  195  percent;
  196         4. The operator is in good standing with the authorizer in
  197  each state in which it operates;
  198         5. The audited financial statements of the operator are
  199  free of material misstatements and going concern issues; and
  200         6. Other outcome measures as determined by the State Board
  201  of Education;
  202         (b) The operator was awarded a United States Department of
  203  Education Charter School Program Grant for Replication and
  204  Expansion of High-Quality Charter Schools within the preceding 3
  205  years before applying to be a hope operator;
  206         (c) The operator receives funding through the National Fund
  207  of the Charter School Growth Fund to accelerate the growth of
  208  the nation’s best charter schools; or
  209         (d) The operator is selected by a district school board in
  210  accordance with s. 1008.33.
  211  
  212  An entity that meets the requirements of paragraph (b),
  213  paragraph (c), or paragraph (d) before the adoption by the state
  214  board of measurable criteria pursuant to paragraph (a) shall be
  215  designated as a hope operator. After the adoption of the
  216  measurable criteria, an entity, including a governing board that
  217  operates a school established pursuant to s. 1008.33(4)(b)3.b.
  218  s. 1008.33(4)(b)3., shall be designated as a hope operator if it
  219  meets the criteria of paragraph (a).
  220         (4) ESTABLISHMENT OF SCHOOLS OF HOPE.—A hope operator
  221  seeking to open a school of hope must submit a notice of intent
  222  to the school district in which a persistently low-performing
  223  school has been identified by the State Board of Education
  224  pursuant to subsection (10).
  225         (a) The notice of intent must include all of the following:
  226         1. An academic focus and plan.
  227         2. A financial plan.
  228         3. Goals and objectives for increasing student achievement
  229  for the students from low-income families.
  230         4. A completed or planned community outreach plan.
  231         5. The organizational history of success in working with
  232  students with similar demographics.
  233         6. The grade levels to be served and enrollment
  234  projections.
  235         7. The specific proposed location or geographic area
  236  proposed for the school and its proximity to the persistently
  237  low-performing school or the plan to use the district-owned
  238  facilities of the persistently low-performing school.
  239         8. A staffing plan.
  240         9. An operations plan specifying the operator’s intent to
  241  undertake the operations of the persistently low-performing
  242  school in its entirety or through limited components of the
  243  operations.
  244         (5) PERFORMANCE-BASED AGREEMENT.—The following shall
  245  comprise the entirety of the performance-based agreement:
  246         (b) The location or geographic area proposed for the school
  247  of hope and its proximity to the persistently low-performing
  248  school.
  249         (f)(g) The grounds for termination, including failure to
  250  meet the requirements for student performance established
  251  pursuant to paragraph (d) (e), generally accepted standards of
  252  fiscal management, or material violation of terms of the
  253  agreement. The nonrenewal or termination of a performance-based
  254  agreement must comply with the requirements of s. 1002.33(8).
  255         (h)(i) A provision establishing the initial term as 5
  256  years. The agreement must shall be renewed, upon the request of
  257  the hope operator, unless the school fails to meet the
  258  requirements for student performance established pursuant to
  259  paragraph (d) (e) or generally accepted standards of fiscal
  260  management or the school of hope materially violates the law or
  261  the terms of the agreement.
  262         (7) FACILITIES.—
  263         (a)1. A school of hope that meets the definition under
  264  subparagraph (1)(c)1. shall use facilities that comply with the
  265  Florida Building Code, except for the State Requirements for
  266  Educational Facilities. A school of hope that uses school
  267  district facilities must comply with the State Requirements for
  268  Educational Facilities only if the school district and the hope
  269  operator have entered into a mutual management plan for the
  270  reasonable maintenance of such facilities. The mutual management
  271  plan shall contain a provision by which the district school
  272  board agrees to maintain the school facilities in the same
  273  manner as its other public schools within the district.
  274         2.A school of hope that meets the definition under
  275  subparagraph (1)(c)2. and that receives funds from the hope
  276  supplemental services allocation under s. 1011.62(16) shall use
  277  the district-owned facilities of the persistently low-performing
  278  school that the school of hope operates. A school of hope that
  279  uses district-owned facilities must enter into a mutual
  280  management plan with the school district for the reasonable
  281  maintenance of the facilities. The mutual management plan must
  282  contain a provision specifying that the district school board
  283  agrees to maintain the school facilities in the same manner as
  284  other public schools within the district.
  285  
  286  The local governing authority shall not adopt or impose any
  287  local building requirements or site-development restrictions,
  288  such as parking and site-size criteria, student enrollment, and
  289  occupant load, that are addressed by and more stringent than
  290  those found in the State Requirements for Educational Facilities
  291  of the Florida Building Code. A local governing authority must
  292  treat schools of hope equitably in comparison to similar
  293  requirements, restrictions, and site planning processes imposed
  294  upon public schools. The agency having jurisdiction for
  295  inspection of a facility and issuance of a certificate of
  296  occupancy or use shall be the local municipality or, if in an
  297  unincorporated area, the county governing authority. If an
  298  official or employee of the local governing authority refuses to
  299  comply with this paragraph, the aggrieved school or entity has
  300  an immediate right to bring an action in circuit court to
  301  enforce its rights by injunction. An aggrieved party that
  302  receives injunctive relief may be awarded reasonable attorney
  303  fees and court costs.
  304         (9) FUNDING.—
  305         (a) Schools of hope shall be funded in accordance with s.
  306  1002.33(17).
  307         (b) Schools of hope shall receive priority in the
  308  department’s Public Charter School Grant Program competitions.
  309         (c) Schools of hope shall be considered charter schools for
  310  purposes of s. 1013.62, except charter capital outlay may not be
  311  used to purchase real property or for the construction of school
  312  facilities.
  313         (d) Schools of hope that meet the definition under
  314  subparagraph (1)(c)1. are eligible to receive funds from the
  315  Schools of Hope Program.
  316         (e) Schools of hope that meet the definition under
  317  subparagraph (1)(c)2. are eligible to receive funds from the
  318  hope supplemental services allocation established under s.
  319  1011.62(16).
  320         (10) SCHOOLS OF HOPE PROGRAM.—The Schools of Hope Program
  321  is created within the Department of Education.
  322         (b) A traditional public school that is required to submit
  323  a plan for implementation pursuant to s. 1008.33(4) is eligible
  324  to receive funding for services authorized up to $2,000 per
  325  full-time equivalent student from the hope supplemental services
  326  allocation established under s. 1011.62(16). Schools of Hope
  327  Program based upon the strength of the school’s plan for
  328  implementation and its focus on evidence-based interventions
  329  that lead to student success by providing wrap-around services
  330  that leverage community assets, improve school and community
  331  collaboration, and develop family and community partnerships.
  332  Wrap-around services include, but are not limited to, tutorial
  333  and after-school programs, student counseling, nutrition
  334  education, parental counseling, and adult education. Plans for
  335  implementation may also include models that develop a culture of
  336  attending college, high academic expectations, character
  337  development, dress codes, and an extended school day and school
  338  year. At a minimum, a plan for implementation must:
  339         1. Establish wrap-around services that develop family and
  340  community partnerships.
  341         2. Establish clearly defined and measurable high academic
  342  and character standards.
  343         3. Increase parental involvement and engagement in the
  344  child’s education.
  345         4. Describe how the school district will identify, recruit,
  346  retain, and reward instructional personnel. The state board may
  347  waive the requirements of s. 1012.22(1)(c)5., and suspend the
  348  requirements of s. 1012.34, to facilitate implementation of the
  349  plan.
  350         5. Identify a knowledge-rich curriculum that the school
  351  will use that focuses on developing a student’s background
  352  knowledge.
  353         6. Provide professional development that focuses on
  354  academic rigor, direct instruction, and creating high academic
  355  and character standards.
  356         (11) SCHOOLS OF HOPE MANAGEMENT.—A hope operator or the
  357  owner of a school of hope may not serve as the principal of any
  358  school that he or she manages.
  359         Section 4. Section 1002.334, Florida Statutes, is created
  360  to read:
  361         1002.334 Franchise model schools.—
  362         (1) As used in this section, the term “franchise model
  363  school” means a persistently low-performing school, as defined
  364  in s. 1002.333(1)(b), which is led by a highly effective
  365  principal in addition to the principal’s currently assigned
  366  school. If a franchise model school achieves a grade of “C” or
  367  higher, the school may retain its status as a franchise model
  368  school at the discretion of the school district.
  369         (2) A school district that has one or more persistently
  370  low-performing schools may use a franchise model school as a
  371  school turnaround option pursuant to s. 1008.33(4)(b)4.
  372         (3) A franchise model school principal:
  373         (a) Must be rated as highly effective pursuant to s.
  374  1012.34;
  375         (b) May lead two or more schools, including a persistently
  376  low-performing school or a school that was considered a
  377  persistently low-performing school before becoming a franchise
  378  model school;
  379         (c) May allocate resources and personnel between the
  380  schools under his or her administration; however, he or she must
  381  expend hope supplemental services allocation funds, authorized
  382  under s. 1011.62(16), at the franchise model school; and
  383         (d) Is eligible to receive a Best and Brightest Principal
  384  award under s. 1012.732.
  385         Section 5. Section 1007.273, Florida Statutes, is amended
  386  to read:
  387         1007.273 Structured high school acceleration programs
  388  Collegiate high school program.—
  389         (1) Each Florida College System institution shall work with
  390  each district school board in its designated service area to
  391  establish one or more structured programs, including, but not
  392  limited to, collegiate high school programs. As used in this
  393  section, the term “structured program” means a structured high
  394  school acceleration program.
  395         (1)(2)PURPOSE.—At a minimum, structured collegiate high
  396  school programs must include an option for public school
  397  students in grade 11 or grade 12 participating in the structured
  398  program, for at least 1 full school year, to earn CAPE industry
  399  certifications pursuant to s. 1008.44, and to successfully
  400  complete at least 30 credit hours through the dual enrollment
  401  program under s. 1007.271. The structured program must
  402  prioritize dual enrollment courses that are applicable toward
  403  general education core courses or common prerequisite course
  404  requirements under s. 1007.25 over dual enrollment courses
  405  applicable as electives toward at least the first year of
  406  college for an associate degree or baccalaureate degree while
  407  enrolled in the structured program. A district school board may
  408  not limit the number of eligible public school students who may
  409  enroll in such structured programs.
  410         (2)(3)REQUIRED STRUCTURED PROGRAM CONTRACTS.—
  411         (a) Each district school board and its local Florida
  412  College System institution shall execute a contract to establish
  413  one or more structured collegiate high school programs at a
  414  mutually agreed upon location or locations. Beginning with the
  415  2015-2016 school year, If the local Florida College System
  416  institution does not establish a structured program with a
  417  district school board in its designated service area, another
  418  Florida College System institution may execute a contract with
  419  that district school board to establish the structured program.
  420  The contract must be executed by January 1 of each school year
  421  for implementation of the structured program during the next
  422  school year. By August 1, 2018, a contract entered into before
  423  January 1, 2018, for the 2018-2019 school year must be modified
  424  to include the provisions of paragraph (b).
  425         (b) The contract must:
  426         1.(a) Identify the grade levels to be included in the
  427  structured collegiate high school program; which must, at a
  428  minimum, include grade 12.
  429         2.(b) Describe the structured collegiate high school
  430  program, including a list of the meta-major academic pathways
  431  approved pursuant to s. 1008.30(4), which are available to
  432  participating students through the partner Florida College
  433  System institution or other eligible partner postsecondary
  434  institutions; the delineation of courses that must, at a
  435  minimum, include general education core courses and common
  436  prerequisite course requirements pursuant to s. 1007.25; and
  437  industry certifications offered, including online course
  438  availability; the high school and college credits earned for
  439  each postsecondary course completed and industry certification
  440  earned; student eligibility criteria; and the enrollment process
  441  and relevant deadlines;.
  442         3.(c) Describe the methods, medium, and process by which
  443  students and their parents are annually informed about the
  444  availability of the structured collegiate high school program,
  445  the return on investment associated with participation in the
  446  structured program, and the information described in
  447  subparagraphs 1. and 2.; paragraphs (a) and (b).
  448         4.(d) Identify the delivery methods for instruction and the
  449  instructors for all courses;.
  450         5.(e) Identify student advising services and progress
  451  monitoring mechanisms;.
  452         6.(f) Establish a program review and reporting mechanism
  453  regarding student performance outcomes; and.
  454         7.(g) Describe the terms of funding arrangements to
  455  implement the structured collegiate high school program pursuant
  456  to paragraph (5)(a).
  457         (3) STUDENT PERFORMANCE CONTRACT AND NOTIFICATION.—
  458         (a)(4) Each student participating in a structured
  459  collegiate high school program must enter into a student
  460  performance contract which must be signed by the student, the
  461  parent, and a representative of the school district and the
  462  applicable Florida College System institution, state university,
  463  or other institution participating pursuant to subsection (4)
  464  (5). The performance contract must, at a minimum, specify
  465  include the schedule of courses, by semester, and industry
  466  certifications to be taken by the student, if any; student
  467  attendance requirements;, and course grade requirements; and the
  468  applicability of such courses to an associate degree or a
  469  baccalaureate degree.
  470         (b) By September 1 of each school year, each district
  471  school board must notify each student enrolled in grades 9, 10,
  472  11, and 12 in a public school within the school district about
  473  the structured program, including, but not limited to:
  474         1. The method for earning college credit through
  475  participation in the structured program. The notification must
  476  include website links to the dual enrollment course equivalency
  477  list approved by the State Board of Education; the common degree
  478  program prerequisite requirements published by the Articulation
  479  Coordinating Committee pursuant to s. 1007.01(3)(f); the
  480  industry certification articulation agreements adopted by the
  481  State Board of Education in rule; and the approved meta-major
  482  academic pathways of the partner Florida College System
  483  institution and other eligible partner postsecondary
  484  institutions participating pursuant to subsection (4); and
  485         2. The estimated cost savings to students and their
  486  families resulting from students successfully completing 30
  487  credit hours applicable toward general education core courses or
  488  common prerequisite course requirements before graduating from
  489  high school versus the cost of earning such credit hours after
  490  graduating from high school.
  491         (4)(5)AUTHORIZED STRUCTURED PROGRAM CONTRACTS.—In addition
  492  to executing a contract with the local Florida College System
  493  institution under this section, a district school board may
  494  execute a contract to establish a structured collegiate high
  495  school program with a state university or an institution that is
  496  eligible to participate in the William L. Boyd, IV, Florida
  497  Resident Access Grant Program, that is a nonprofit independent
  498  college or university located and chartered in this state, and
  499  that is accredited by the Commission on Colleges of the Southern
  500  Association of Colleges and Schools to grant baccalaureate
  501  degrees. Such university or institution must meet the
  502  requirements specified under subsections (2) (3) and (3) (4). A
  503  charter school may execute a contract directly with the local
  504  Florida College System institution or another institution as
  505  authorized under this section to establish a structured program
  506  at a mutually agreed upon location.
  507         (5) FUNDING.—
  508         (a)(6) The structured collegiate high school program shall
  509  be funded pursuant to ss. 1007.271 and 1011.62. The State Board
  510  of Education shall enforce compliance with this section by
  511  withholding the transfer of funds for the school districts and
  512  the Florida College System institutions in accordance with s.
  513  1008.32. Annually, by December 31, the State Board of Education
  514  shall enforce compliance with this section by withholding the
  515  transfer of funds for the Florida College System institutions in
  516  accordance with s. 1008.32.
  517         (b) A student who enrolls in the structured program and
  518  successfully completes at least 30 college credit hours during a
  519  school year through the dual enrollment program under s.
  520  1007.271 generates a 0.5 full-time equivalent (FTE) bonus. A
  521  student who enrolls in the structured program and successfully
  522  completes an additional 30 college credit hours during a school
  523  year, resulting in at least 60 college credit hours through the
  524  dual enrollment program under s. 1007.271 applicable toward
  525  fulfilling the requirements for an associate in arts degree or
  526  an associate in science degree or a baccalaureate degree
  527  pursuant to the student performance contract under subsection
  528  (3), before graduating from high school, generates an additional
  529  0.5 FTE bonus. Each district school board that is a contractual
  530  partner with a Florida College System institution or other
  531  eligible postsecondary institution shall report to the
  532  commissioner the total FTE bonus for each structured program for
  533  the students from that school district. The total FTE bonus
  534  shall be added to each school district’s total weighted FTE for
  535  funding in the subsequent fiscal year.
  536         (c) For any industry certification a student attains under
  537  this section, the FTE bonus shall be calculated and awarded in
  538  accordance with s. 1011.62(1)(o).
  539         (6) REPORTING REQUIREMENTS.—
  540         (a) By September 1 of each school year, each district
  541  school superintendent shall report to the commissioner, at a
  542  minimum, the following information on each structured program
  543  administered during the prior school year:
  544         1. The number of students in public schools within the
  545  school district who enrolled in the structured program, and the
  546  partnering postsecondary institutions pursuant to subsections
  547  (2) and (4);
  548         2. The total and average number of dual enrollment courses
  549  completed, high school and college credits earned, standard high
  550  school diplomas and associate and baccalaureate degrees awarded,
  551  and the number of industry certifications attained, if any, by
  552  the students who enrolled in the structured program;
  553         3. The projected student enrollment in the structured
  554  program during the next school year; and
  555         4. Any barriers to executing contracts to establish one or
  556  more structured programs.
  557         (b) By November 30 of each school year, the commissioner
  558  must report to the Governor, the President of the Senate, and
  559  the Speaker of the House of Representatives the status of
  560  structured programs, including, at a minimum, a summary of
  561  student enrollment and completion information pursuant to this
  562  subsection; barriers, if any, to establishing such programs; and
  563  recommendations for expanding access to such programs statewide.
  564         Section 6. Paragraph (c) of subsection (3) and subsection
  565  (4) of section 1008.33, Florida Statutes, are amended to read:
  566         1008.33 Authority to enforce public school improvement.—
  567         (3)
  568         (c) The state board shall adopt by rule a differentiated
  569  matrix of intervention and support strategies for assisting
  570  traditional public schools identified under this section and
  571  rules for implementing s. 1002.33(9)(n), relating to charter
  572  schools.
  573         1. The intervention and support strategies must address
  574  efforts to improve student performance through one or more of
  575  the following strategies: and may include
  576         a. Improvement planning;
  577         b. Leadership quality improvement;
  578         c. Educator quality improvement;
  579         d. Professional development;
  580         e. Curriculum review, pacing, and alignment across grade
  581  levels to improve background knowledge in social studies,
  582  science, and the arts; and
  583         f. The use of continuous improvement and monitoring plans
  584  and processes.
  585         2.In addition, The state board may prescribe reporting
  586  requirements to review and monitor the progress of the schools.
  587  The rule must define the intervention and support strategies for
  588  school improvement for schools earning a grade of “D” or “F” and
  589  the roles for the district and department.
  590         (4)(a) The state board shall apply intensive intervention
  591  and support strategies tailored to the needs of schools earning
  592  two consecutive grades of “D” or a grade of “F.” In the first
  593  full school year after a school initially earns two consecutive
  594  grades of “D” or a grade of “F,” the school district must
  595  immediately implement intervention and support strategies
  596  prescribed in rule under paragraph (3)(c) and, by September 1,
  597  provide the department with the memorandum of understanding
  598  negotiated pursuant to s. 1001.42(21) and, by October 1, a
  599  district-managed turnaround plan for approval by the state
  600  board. The district-managed turnaround plan may include a
  601  proposal for the district to implement an extended school day, a
  602  summer program, or a combination of an extended school day and
  603  summer program. Upon approval by the state board, the school
  604  district must implement the plan for the remainder of the school
  605  year and continue the plan for 1 full school year. The state
  606  board may allow a school an additional year of implementation
  607  before the school must implement a turnaround option required
  608  under paragraph (b) if it determines that the school is likely
  609  to improve to a grade of “C” or higher after the first full
  610  school year of implementation.
  611         (b) Unless an additional year of implementation is provided
  612  pursuant to paragraph (a), a school that has completed 2 school
  613  years of a district-managed turnaround plan required under
  614  paragraph (a) and has not improved its school grade to a “C” or
  615  higher, pursuant to s. 1008.34, earns three consecutive grades
  616  below a “C” must implement one of the following options:
  617         1. Reassign students to another school and monitor the
  618  progress of each reassigned student.;
  619         2. Close the school and reopen the school as one or more
  620  charter schools, each with a governing board that has a
  621  demonstrated record of effectiveness. Such charter schools are
  622  eligible for funding from the hope supplemental services
  623  allocation established under s. 1011.62(16).; or
  624         3. Contract with an outside entity that has a demonstrated
  625  record of effectiveness to operate the school. An outside entity
  626  may include:
  627         a. A district-managed charter school in which all
  628  instructional personnel are not employees of the school
  629  district, but are employees of an independent governing board
  630  composed of members who did not participate in the review or
  631  approval of the charter. A district-managed charter school is
  632  eligible for funding from the hope supplemental services
  633  allocation established in s. 1011.62(16); or
  634         b. A hope operator that submits to a school district a
  635  notice of intent of a performance-based agreement pursuant to s.
  636  1002.333. A school of hope established pursuant to this sub
  637  subparagraph is eligible for funding from the hope supplemental
  638  services allocation for up to 5 years, beginning in the school
  639  year in which the school of hope is established, if the school
  640  of hope:
  641         (I) Is established at the district-owned facilities of the
  642  persistently low-performing school;
  643         (II) Gives priority enrollment to students who are enrolled
  644  in, or are eligible to attend and are living in the attendance
  645  area of, the persistently low-performing school that the school
  646  of hope operates, consistent with the enrollment lottery
  647  exemption provided under s. 1002.333(5)(c); and
  648         (III) Meets the requirements of its performance-based
  649  agreement pursuant to s. 1002.333.
  650         4. Implement a franchise model school in which a highly
  651  effective principal, pursuant to s. 1012.34, leads the
  652  persistently low-performing school in addition to the
  653  principal’s currently assigned school. The franchise model
  654  school principal may allocate resources and personnel between
  655  the schools he or she leads. The persistently low-performing
  656  school is eligible for funding from the hope supplemental
  657  services allocation established under s. 1011.62(16).
  658         (c) Implementation of the turnaround option is no longer
  659  required if the school improves to a grade of “C” or higher.
  660         (d) If a school earning two consecutive grades of “D” or a
  661  grade of “F” does not improve to a grade of “C” or higher after
  662  2 full school years of implementing the turnaround option
  663  selected by the school district under paragraph (b), the school
  664  district must implement another turnaround option.
  665  Implementation of the turnaround option must begin the school
  666  year following the implementation period of the existing
  667  turnaround option, unless the state board determines that the
  668  school is likely to improve to a grade of “C” or higher if
  669  additional time is provided to implement the existing turnaround
  670  option.
  671         Section 7. Present subsections (16) and (17) of section
  672  1011.62, Florida Statutes, are redesignated as subsections (19)
  673  and (20), respectively, new subsections (16) and (17) and
  674  subsection (18) are added to that section, and paragraph (a) of
  675  subsection (4) and subsection (14) of that section are amended,
  676  to read:
  677         1011.62 Funds for operation of schools.—If the annual
  678  allocation from the Florida Education Finance Program to each
  679  district for operation of schools is not determined in the
  680  annual appropriations act or the substantive bill implementing
  681  the annual appropriations act, it shall be determined as
  682  follows:
  683         (4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.—The
  684  Legislature shall prescribe the aggregate required local effort
  685  for all school districts collectively as an item in the General
  686  Appropriations Act for each fiscal year. The amount that each
  687  district shall provide annually toward the cost of the Florida
  688  Education Finance Program for kindergarten through grade 12
  689  programs shall be calculated as follows:
  690         (a) Estimated taxable value calculations.—
  691         1.a. Not later than 2 working days before July 19, the
  692  Department of Revenue shall certify to the Commissioner of
  693  Education its most recent estimate of the taxable value for
  694  school purposes in each school district and the total for all
  695  school districts in the state for the current calendar year
  696  based on the latest available data obtained from the local
  697  property appraisers. The value certified shall be the taxable
  698  value for school purposes for that year, and no further
  699  adjustments shall be made, except those made pursuant to
  700  paragraphs (c) and (d), or an assessment roll change required by
  701  final judicial decisions as specified in paragraph (19)(b)
  702  (16)(b). Not later than July 19, the Commissioner of Education
  703  shall compute a millage rate, rounded to the next highest one
  704  one-thousandth of a mill, which, when applied to 96 percent of
  705  the estimated state total taxable value for school purposes,
  706  would generate the prescribed aggregate required local effort
  707  for that year for all districts. The Commissioner of Education
  708  shall certify to each district school board the millage rate,
  709  computed as prescribed in this subparagraph, as the minimum
  710  millage rate necessary to provide the district required local
  711  effort for that year.
  712         b. The General Appropriations Act shall direct the
  713  computation of the statewide adjusted aggregate amount for
  714  required local effort for all school districts collectively from
  715  ad valorem taxes to ensure that no school district’s revenue
  716  from required local effort millage will produce more than 90
  717  percent of the district’s total Florida Education Finance
  718  Program calculation as calculated and adopted by the
  719  Legislature, and the adjustment of the required local effort
  720  millage rate of each district that produces more than 90 percent
  721  of its total Florida Education Finance Program entitlement to a
  722  level that will produce only 90 percent of its total Florida
  723  Education Finance Program entitlement in the July calculation.
  724         2. On the same date as the certification in sub
  725  subparagraph 1.a., the Department of Revenue shall certify to
  726  the Commissioner of Education for each district:
  727         a. Each year for which the property appraiser has certified
  728  the taxable value pursuant to s. 193.122(2) or (3), if
  729  applicable, since the prior certification under sub-subparagraph
  730  1.a.
  731         b. For each year identified in sub-subparagraph a., the
  732  taxable value certified by the appraiser pursuant to s.
  733  193.122(2) or (3), if applicable, since the prior certification
  734  under sub-subparagraph 1.a. This is the certification that
  735  reflects all final administrative actions of the value
  736  adjustment board.
  737         (14) QUALITY ASSURANCE GUARANTEE.—The Legislature may
  738  annually in the General Appropriations Act determine a
  739  percentage increase in funds per K-12 unweighted FTE as a
  740  minimum guarantee to each school district. The guarantee shall
  741  be calculated from prior year base funding per unweighted FTE
  742  student which shall include the adjusted FTE dollars as provided
  743  in subsection (19) (16), quality guarantee funds, and actual
  744  nonvoted discretionary local effort from taxes. From the base
  745  funding per unweighted FTE, the increase shall be calculated for
  746  the current year. The current year funds from which the
  747  guarantee shall be determined shall include the adjusted FTE
  748  dollars as provided in subsection (19) (16) and potential
  749  nonvoted discretionary local effort from taxes. A comparison of
  750  current year funds per unweighted FTE to prior year funds per
  751  unweighted FTE shall be computed. For those school districts
  752  which have less than the legislatively assigned percentage
  753  increase, funds shall be provided to guarantee the assigned
  754  percentage increase in funds per unweighted FTE student. Should
  755  appropriated funds be less than the sum of this calculated
  756  amount for all districts, the commissioner shall prorate each
  757  district’s allocation. This provision shall be implemented to
  758  the extent specifically funded.
  759         (16) HOPE SUPPLEMENTAL SERVICES ALLOCATION.-The hope
  760  supplemental services allocation is created to provide district
  761  managed turnaround schools, as required under s. 1008.33(4)(a),
  762  charter schools authorized under s. 1008.33(4)(b)2., district
  763  managed charter schools authorized under s. 1008.33(4)(b)3.a.,
  764  schools of hope authorized under s. 1008.33(4)(b)3.b., and
  765  franchise model schools as authorized under s. 1008.33(4)(b)4.,
  766  with funds to offer services designed to improve the overall
  767  academic and community welfare of the schools’ students and
  768  their families.
  769         (a) Services funded by the allocation may include, but are
  770  not limited to, tutorial and after-school programs, student
  771  counseling, nutrition education, and parental counseling. In
  772  addition, services may also include models that develop a
  773  culture that encourages students to complete high school and to
  774  attend college or career training, set high academic
  775  expectations, inspire character development, and include an
  776  extended school day and school year.
  777         (b) Prior to distribution of the allocation, a school
  778  district, for a district turnaround school and persistently low
  779  performing schools that use a franchise model; a hope operator,
  780  for a school of hope; or the charter school governing board for
  781  a charter school, as applicable, shall develop and submit a plan
  782  for implementation to its respective governing body for approval
  783  no later than August 1 of the fiscal year.
  784         (c) At a minimum, the plans required under paragraph (b)
  785  must:
  786         1. Establish comprehensive support services that develop
  787  family and community partnerships;
  788         2. Establish clearly defined and measurable high academic
  789  and character standards;
  790         3. Increase parental involvement and engagement in the
  791  child’s education;
  792         4. Describe how instructional personnel will be identified,
  793  recruited, retained, and rewarded;
  794         5. Provide professional development that focuses on
  795  academic rigor, direct instruction, and creating high academic
  796  and character standards; and
  797         6. Provide focused instruction to improve student academic
  798  proficiency, which may include additional instruction time
  799  beyond the normal school day or school year.
  800         (d) Each school district and hope operator shall submit
  801  approved plans to the commissioner by September 1 of each fiscal
  802  year.
  803         (e) For the 2018-2019 fiscal year, a school that is
  804  selected to receive funding in the 2017-2018 fiscal year
  805  pursuant to s. 1002.333(10)(c) shall receive $2,000 per FTE. A
  806  district-managed turnaround school required under s.
  807  1008.33(4)(a), charter school authorized under s.
  808  1008.33(4)(b)2., district-managed charter school authorized
  809  under s. 1008.33(4)(b)3.a., school of hope authorized under s.
  810  1008.33(4)(b)3.b., and franchise model school authorized under
  811  s. 1008.33(4)(b)4. are eligible for the remaining funds based on
  812  the school’s unweighted FTE, up to $2,000 per FTE or as provided
  813  in the General Appropriations Act.
  814         (f) For the 2019-2020 fiscal year and thereafter, each
  815  school district’s allocation shall be based on the unweighted
  816  FTE student enrollment at the eligible schools and a per-FTE
  817  funding amount of up to $2,000 per FTE or as provided in the
  818  General Appropriations Act. If the calculated funds for
  819  unweighted FTE student enrollment at the eligible schools exceed
  820  the per-FTE funds appropriated, the allocation of funds to each
  821  school district must be prorated based on each school district’s
  822  share of the total unweighted FTE student enrollment for the
  823  eligible schools.
  824         (17)MENTAL HEALTH ASSISTANCE ALLOCATION.The mental health
  825  assistance allocation is created to provide supplemental funding
  826  to assist school districts in establishing or expanding
  827  comprehensive school-based mental health programs that increase
  828  awareness of mental health issues among children and school-age
  829  youth; train educators and other school staff in detecting and
  830  responding to mental health issues; and connect children, youth,
  831  and families who may experience behavioral health issues with
  832  appropriate services. These funds may be allocated annually in
  833  the General Appropriations Act to each eligible school district
  834  and developmental research school based on each entity’s
  835  proportionate share of Florida Education Finance Program base
  836  funding. The district funding allocation must include a minimum
  837  amount as specified in the General Appropriations Act. Upon
  838  submission and approval of a plan that includes the elements
  839  specified in paragraph (b), charter schools are also entitled to
  840  a proportionate share of district funding for this program. The
  841  allocated funds may not supplant funds that are provided for
  842  this purpose from other operating funds and may not be used to
  843  increase salaries or provide bonuses.
  844         (a)Prior to the distribution of the allocation:
  845         1. The district must annually develop and submit a detailed
  846  plan outlining the local program and planned expenditures to the
  847  district school board for approval.
  848         2. A charter school must annually develop and submit a
  849  detailed plan outlining the local program and planned
  850  expenditures of the funds in the plan to its governing body for
  851  approval. After the plan is approved by the governing body, it
  852  must be provided to its school district for submission to the
  853  commissioner.
  854         (b) The plans required under paragraph (a) must include, at
  855  a minimum, all of the following elements:
  856         1. A collaborative effort or partnership between the school
  857  district and at least one local community program or agency
  858  involved in mental health to provide or to improve prevention,
  859  diagnosis, and treatment services for students;
  860         2. Programs to assist students in dealing with bullying,
  861  trauma, and violence;
  862         3. Strategies or programs to reduce the likelihood of at
  863  risk students developing social, emotional, or behavioral health
  864  problems or substance use disorders;
  865         4. Strategies to improve the early identification of
  866  social, emotional, or behavioral problems or substance use
  867  disorders and to improve the provision of early intervention
  868  services;
  869         5. Strategies to enhance the availability of school-based
  870  crisis intervention services and appropriate referrals for
  871  students in need of mental health services; and
  872         6. Training opportunities for school personnel in the
  873  techniques and supports needed to identify students who have
  874  trauma histories and who have or are at risk of having a mental
  875  illness, and in the use of referral mechanisms that effectively
  876  link such students to appropriate treatment and intervention
  877  services in the school and in the community.
  878         (c)The districts shall submit approved plans to the
  879  commissioner by August 1 of each fiscal year.
  880         (d) Beginning September 30, 2019, and by each September 30
  881  thereafter, each entity that receives an allocation under this
  882  subsection shall submit to the commissioner, in a format
  883  prescribed by the department, a final report on its program
  884  outcomes and its expenditures for each element of the program.
  885         (18) FUNDING COMPRESSION ALLOCATION.—The Legislature may
  886  provide an annual funding compression allocation in the General
  887  Appropriations Act. The allocation is created to provide
  888  additional funding to school districts and developmental
  889  research schools whose total funds per FTE in the prior year
  890  were less than the statewide average. Using the most recent
  891  prior year FEFP calculation for each eligible school district,
  892  the total funds per FTE shall be subtracted from the state
  893  average funds per FTE, not including any adjustments made
  894  pursuant to paragraph (19)(b). The resulting funds per FTE
  895  difference, or a portion thereof, as designated in the General
  896  Appropriations Act, shall then be multiplied by the school
  897  district’s total unweighted FTE to provide the allocation. If
  898  the calculated funds are greater than the amount included in the
  899  General Appropriations Act, they must be prorated to the
  900  appropriation amount based on each participating school
  901  district’s share.
  902         Section 8. Subsection (5) of section 1011.69, Florida
  903  Statutes, is amended to read:
  904         1011.69 Equity in School-Level Funding Act.—
  905         (5) After providing Title I, Part A, Basic funds to schools
  906  above the 75 percent poverty threshold, which may include high
  907  schools above the 50 percent threshold as allowed by federal
  908  law, school districts shall provide any remaining Title I, Part
  909  A, Basic funds directly to all eligible schools as provided in
  910  this subsection. For purposes of this subsection, an eligible
  911  school is a school that is eligible to receive Title I funds,
  912  including a charter school. The threshold for identifying
  913  eligible schools may not exceed the threshold established by a
  914  school district for the 2016-2017 school year or the statewide
  915  percentage of economically disadvantaged students, as determined
  916  annually.
  917         (a) Prior to the allocation of Title I funds to eligible
  918  schools, a school district may withhold funds only as follows:
  919         1. One percent for parent involvement, in addition to the
  920  one percent the district must reserve under federal law for
  921  allocations to eligible schools for parent involvement;
  922         2. A necessary and reasonable amount for administration;,
  923         3.which includes The district’s approved indirect cost
  924  rate, not to exceed a total of 8 percent; and
  925         4.3. A reasonable and necessary amount to provide:
  926         a. Homeless programs;
  927         b. Delinquent and neglected programs;
  928         c. Prekindergarten programs and activities;
  929         d. Private school equitable services; and
  930         e. Transportation for foster care children to their school
  931  of origin or choice programs; and.
  932         5. A necessary and reasonable amount for eligible schools
  933  to provide:
  934         a. Extended learning opportunities, such as summer school,
  935  before-school and after-school programs, and additional class
  936  periods of instruction during the school day; and
  937         b. Supplemental academic and enrichment services, staff
  938  development, and planning and curriculum, as well as wrap-around
  939  services.
  940         (b) All remaining Title I funds shall be distributed to all
  941  eligible schools in accordance with federal law and regulation.
  942  To maximize the efficient use of resources, school districts may
  943  allow eligible schools, not including charter schools, to An
  944  eligible school may use funds under this subsection for
  945  district-level to participate in discretionary educational
  946  services provided by the school district.
  947         Section 9. Subsection (5) of section 1011.71, Florida
  948  Statutes, is amended to read:
  949         1011.71 District school tax.—
  950         (5) Effective July 1, 2008, A school district may expend,
  951  subject to the provisions of s. 200.065, up to $150 $100 per
  952  unweighted full-time equivalent student from the revenue
  953  generated by the millage levy authorized by subsection (2) to
  954  fund, in addition to expenditures authorized in paragraphs
  955  (2)(a)-(j), expenses for the following:
  956         (a) The purchase, lease-purchase, or lease of driver’s
  957  education vehicles; motor vehicles used for the maintenance or
  958  operation of plants and equipment; security vehicles; or
  959  vehicles used in storing or distributing materials and
  960  equipment.
  961         (b) Payment of the cost of premiums, as defined in s.
  962  627.403, for property and casualty insurance necessary to insure
  963  school district educational and ancillary plants. As used in
  964  this paragraph, casualty insurance has the same meaning as in s.
  965  624.605(1)(d), (f), (g), (h), and (m). Operating revenues that
  966  are made available through the payment of property and casualty
  967  insurance premiums from revenues generated under this subsection
  968  may be expended only for nonrecurring operational expenditures
  969  of the school district.
  970         Section 10. Paragraph (c) of subsection (3) of section
  971  1012.731, Florida Statutes, is amended to read:
  972         1012.731 The Florida Best and Brightest Teacher Scholarship
  973  Program.—
  974         (3)
  975         (c) Notwithstanding the requirements of this subsection,
  976  for the 2017-2018, 2018-2019, and 2019-2020 school years, any
  977  classroom teacher who:
  978         1. Was evaluated as highly effective pursuant to s. 1012.34
  979  in the school year immediately preceding the year in which the
  980  scholarship will be awarded shall receive a scholarship of
  981  $1200, including a classroom teacher who received an award
  982  pursuant to paragraph (a).
  983         2. Was evaluated as effective pursuant to s. 1012.34 in the
  984  school year immediately preceding the year in which the
  985  scholarship will be awarded a scholarship of up to $800. If the
  986  number of eligible classroom teachers under this subparagraph
  987  exceeds the total allocation, the department shall prorate the
  988  per-teacher scholarship amount.
  989  
  990  This paragraph expires July 1, 2020.
  991         Section 11. Subsections (2), (3), and (4) of section
  992  1012.732, Florida Statutes, are amended to read:
  993         1012.732 The Florida Best and Brightest Principal
  994  Scholarship Program.—
  995         (2) There is created the Florida Best and Brightest
  996  Principal Scholarship Program to be administered by the
  997  Department of Education. The program shall provide categorical
  998  funding for scholarships to be awarded to school principals, as
  999  defined in s. 1012.01(3)(c)1., who are serving as a franchise
 1000  model school principal or who have recruited and retained a high
 1001  percentage of best and brightest teachers.
 1002         (3)(a) A school principal identified pursuant to s.
 1003  1012.731(4)(c) is eligible to receive a scholarship under this
 1004  section if he or she has served as school principal at his or
 1005  her school for at least 2 consecutive school years including the
 1006  current school year and his or her school has a ratio of best
 1007  and brightest teachers to other classroom teachers that is at
 1008  the 80th percentile or higher for schools within the same grade
 1009  group, statewide, including elementary schools, middle schools,
 1010  high schools, and schools with a combination of grade levels.
 1011         (b) A principal of a franchise model school, as defined in
 1012  s. 1002.334, is eligible to receive a scholarship under this
 1013  section.
 1014         (4) Annually, by February 1, the department shall identify
 1015  eligible school principals and disburse funds to each school
 1016  district for each eligible school principal to receive a
 1017  scholarship.
 1018         (a) A scholarship of $10,000 $5,000 must be awarded to each
 1019  franchise model school principal who is every eligible under
 1020  paragraph (3)(b).
 1021         (b)A scholarship of $5,000 must be awarded to each school
 1022  principal assigned to a Title I school and a scholarship of
 1023  $4,000 to each every eligible school principal who is not
 1024  assigned to a Title I school and who is eligible under paragraph
 1025  (3)(a).
 1026         Section 12. Present paragraphs (a) through (d) of
 1027  subsection (1) of section 1013.31, Florida Statutes, are
 1028  redesignated as paragraphs (b) through (e), respectively, and a
 1029  new paragraph (a) is added to that subsection, to read:
 1030         1013.31 Educational plant survey; localized need
 1031  assessment; PECO project funding.—
 1032         (1) At least every 5 years, each board shall arrange for an
 1033  educational plant survey, to aid in formulating plans for
 1034  housing the educational program and student population, faculty,
 1035  administrators, staff, and auxiliary and ancillary services of
 1036  the district or campus, including consideration of the local
 1037  comprehensive plan. The Department of Education shall document
 1038  the need for additional career and adult education programs and
 1039  the continuation of existing programs before facility
 1040  construction or renovation related to career or adult education
 1041  may be included in the educational plant survey of a school
 1042  district or Florida College System institution that delivers
 1043  career or adult education programs. Information used by the
 1044  Department of Education to establish facility needs must
 1045  include, but need not be limited to, labor market data, needs
 1046  analysis, and information submitted by the school district or
 1047  Florida College System institution.
 1048         (a) Educational plant survey and localized need assessment
 1049  for capital outlay purposes.A district may only use funds from
 1050  the following sources for educational, auxiliary, and ancillary
 1051  plant capital outlay purposes without needing a survey
 1052  recommendation:
 1053         1. The local capital outlay improvement fund, consisting of
 1054  funds that come from and are a part of the district’s basic
 1055  operating budget;
 1056         2. If a board decides to build an educational, auxiliary,
 1057  or ancillary facility without a survey recommendation and the
 1058  taxpayers approve a bond referendum, the voted bond referendum;
 1059         3. One-half cent sales surtax revenue;
 1060         4. One cent local governmental surtax revenue;
 1061         5. Impact fees; and
 1062         6. Private gifts or donations.
 1063         Section 13. Paragraph (e) is added to subsection (2) of
 1064  section 1013.385, Florida Statutes, to read:
 1065         1013.385 School district construction flexibility.—
 1066         (2) A resolution adopted under this section may propose
 1067  implementation of exceptions to requirements of the uniform
 1068  statewide building code for the planning and construction of
 1069  public educational and ancillary plants adopted pursuant to ss.
 1070  553.73 and 1013.37 relating to:
 1071         (e) Any other provisions that limit the ability of a school
 1072  to operate in a facility on the same basis as a charter school
 1073  pursuant to s. 1002.33(18) if the regional planning council
 1074  determines that there is sufficient shelter capacity within the
 1075  school district as documented in the Statewide Emergency Shelter
 1076  Plan.
 1077         Section 14. Subsection (3) of section 1013.62, Florida
 1078  Statutes, is amended, and paragraph (c) is added to subsection
 1079  (1) of that section, to read:
 1080         1013.62 Charter schools capital outlay funding.—
 1081         (1) Charter school capital outlay funding shall consist of
 1082  revenue resulting from the discretionary millage authorized in
 1083  s. 1011.71(2) and state funds when such funds are appropriated
 1084  in the General Appropriations Act.
 1085         (c)It is the intent of the Legislature that the public
 1086  interest be protected by prohibiting personal financial
 1087  enrichment by owners, operators, managers, real estate
 1088  developers, and other affiliated parties of charter schools.
 1089  Therefore, a charter school is not eligible for a funding
 1090  allocation unless the chair of the governing board and the chief
 1091  administrative officer of the charter school annually certify
 1092  under oath that the funds will be used solely and exclusively
 1093  for constructing, renovating, or improving charter school
 1094  facilities that are:
 1095         1. Owned by a school district, a political subdivision of
 1096  the state, a municipality, a Florida College System institution,
 1097  or a state university;
 1098         2. Owned by an organization that is qualified as an exempt
 1099  organization under s. 501(c)(3) of the Internal Revenue Code
 1100  whose articles of incorporation specify that, upon the
 1101  organization’s dissolution, the subject property will be
 1102  transferred to a school district, a political subdivision of the
 1103  state, a municipality, a Florida College System institution, or
 1104  a state university; or
 1105         3. Owned by and leased, at a fair market value in the
 1106  school district in which the charter school is located, from a
 1107  person or entity that is not an affiliated party of the charter
 1108  school. For the purposes of this subparagraph, the term
 1109  “affiliated party of the charter school” means the applicant for
 1110  the charter school pursuant to s. 1002.33; the governing board
 1111  of the charter school or a member of the governing board; the
 1112  charter school owner; the charter school principal; an employee
 1113  of the charter school; an independent contractor of the charter
 1114  school or the governing board of the charter school; a relative,
 1115  as defined in s. 1002.33(24)(a)2., of a charter school governing
 1116  board member, a charter school owner, a charter school
 1117  principal, a charter school employee, or an independent
 1118  contractor of a charter school or charter school governing
 1119  board; a subsidiary corporation, a service corporation, an
 1120  affiliated corporation, a parent corporation, a limited
 1121  liability company, a limited partnership, a trust, a
 1122  partnership, or a related party that, individually or through
 1123  one or more entities, shares common ownership or control and
 1124  directly or indirectly manages, administers, controls, or
 1125  oversees the operation of the charter school; or any person or
 1126  entity, individually or through one or more entities that share
 1127  common ownership, which directly or indirectly manages,
 1128  administers, controls, or oversees the operation of any of the
 1129  foregoing.
 1130         (3) If the school board levies the discretionary millage
 1131  authorized in s. 1011.71(2), the department shall use the
 1132  following calculation methodology to determine the amount of
 1133  revenue that a school district must distribute to each eligible
 1134  charter school:
 1135         (a) Reduce the total discretionary millage revenue by the
 1136  school district’s annual debt service obligation incurred as of
 1137  March 1, 2017, and any amount of participation requirement
 1138  pursuant to s. 1013.64(2)(a)8. that is being satisfied by
 1139  revenues raised by the discretionary millage.
 1140         (b) Divide the school district’s adjusted discretionary
 1141  millage revenue by the district’s total capital outlay full-time
 1142  equivalent membership and the total number of unweighted full
 1143  time equivalent students of each eligible charter school to
 1144  determine a capital outlay allocation per full-time equivalent
 1145  student.
 1146         (c) Multiply the capital outlay allocation per full-time
 1147  equivalent student by the total number of full-time equivalent
 1148  students for all of each eligible charter schools within the
 1149  district school to determine the total charter school capital
 1150  outlay allocation for each district charter school.
 1151         (d) If applicable, reduce the capital outlay allocation
 1152  identified in paragraph (c) by the total amount of state funds
 1153  allocated pursuant to subsection (2) to all each eligible
 1154  charter schools within a district school in subsection (2) to
 1155  determine the net total maximum calculated capital outlay
 1156  allocation from local funds. If state funds are not allocated
 1157  pursuant to subsection (2), the amount determined in paragraph
 1158  (c) is equal to the net total calculated capital outlay
 1159  allocation from local funds for each district.
 1160         (e) For each charter school within each district, the net
 1161  capital outlay amount from local funds shall be calculated in
 1162  the same manner as the state funds in paragraphs (2)(a)-(d),
 1163  except that the base charter school per weighted FTE allocation
 1164  amount shall be determined by dividing the net total capital
 1165  outlay amount from local funds by the total weighted FTE for all
 1166  eligible charter schools within the district. The per weighted
 1167  FTE allocation amount from local funds shall be multiplied by
 1168  the weighted FTE for each charter school to determine each
 1169  charter school’s capital outlay allocation from local funds.
 1170         (f)(e) School districts shall distribute capital outlay
 1171  funds to charter schools no later than February 1 of each year,
 1172  beginning on February 1, 2018, for the 2017-2018 fiscal year.
 1173         Section 15. This act shall take effect July 1, 2018.
 1174  
 1175  ================= T I T L E  A M E N D M E N T ================
 1176  And the title is amended as follows:
 1177         Delete everything before the enacting clause
 1178  and insert:
 1179                        A bill to be entitled                      
 1180         An act relating to K-12 education; amending s.
 1181         1002.33, F.S.; extending the period of time for which
 1182         a charter school may defer its opening for specified
 1183         reasons; amending s. 1002.331, F.S.; revising the
 1184         requirements for a charter school to be considered a
 1185         high-performing charter school; amending s. 1002.333,
 1186         F.S.; redefining the terms “persistently low
 1187         performing school” and “school of hope”; revising the
 1188         contents of a school of hope notice of intent and
 1189         performance-based agreement; revising school of hope
 1190         facility requirements; specifying that certain schools
 1191         of hope are eligible to receive hope supplemental
 1192         service allocation funds; requiring the State Board of
 1193         Education to provide awards to all eligible schools
 1194         that meet certain requirements; prohibiting a school
 1195         of hope operator or owner from serving as the
 1196         principal of a school of hope that he or she manages;
 1197         conforming cross-references; creating s. 1002.334,
 1198         F.S.; defining the term “franchise model school”;
 1199         authorizing specified schools to use a franchise model
 1200         school as a turnaround option; specifying requirements
 1201         for a franchise model school principal; amending s.
 1202         1007.273, F.S.; defining the term “structured
 1203         program”; providing additional options for students
 1204         participating in a structured program; prohibiting a
 1205         district school board from limiting the number of
 1206         public school students who may participate in a
 1207         structured program; revising contract requirements;
 1208         requiring each district school board to annually
 1209         notify students in certain grades of certain
 1210         information about the structured program, by a
 1211         specified date; revising provisions relating to
 1212         funding; requiring the state board to enforce
 1213         compliance with certain provisions by a specified date
 1214         each year; providing reporting requirements; amending
 1215         s. 1008.33, F.S.; revising the turnaround options
 1216         available for certain schools; amending s. 1011.62,
 1217         F.S.; creating the hope supplemental services
 1218         allocation; providing the purpose of the allocation;
 1219         specifying the services that may be funded by the
 1220         allocation; providing that implementation plans may
 1221         include certain models; providing requirements for
 1222         implementation plans; providing for the allocation of
 1223         funds in specified fiscal years; creating the mental
 1224         health assistance allocation; providing the purpose of
 1225         the allocation; providing for the annual allocation of
 1226         such funds on a specified basis; prohibiting the use
 1227         of allocated funds to supplant funds provided from
 1228         other operating funds, to increase salaries, or to
 1229         provide bonuses; providing requirements for school
 1230         districts and charter schools; providing that required
 1231         plans must include certain elements; requiring school
 1232         districts to annually submit approved plans to the
 1233         Commissioner of Education by a specified date;
 1234         requiring that entities that receive such allocations
 1235         annually submit a final report on program outcomes and
 1236         specific expenditures to the commissioner by a
 1237         specified date; creating the funding compression
 1238         allocation; providing the purpose of the allocation;
 1239         authorizing funding for the annual allocation for
 1240         specified purposes; providing the calculation for the
 1241         allocation; amending s. 1011.69, F.S.; revising the
 1242         types of funds school districts may withhold before
 1243         allocating certain Title I funds to eligible schools;
 1244         authorizing school districts to use such funds for
 1245         specified purposes; amending s. 1011.71, F.S.;
 1246         increasing the amount that a school district may
 1247         expend from a specified millage levy for certain
 1248         expenses; amending s. 1012.731, F.S.; deleting Florida
 1249         Best and Brightest Teacher Scholarship Program
 1250         scholarship awards authorized for specific school
 1251         years; amending s. 1012.732, F.S.; specifying that a
 1252         franchise model school principal is eligible to
 1253         receive a Florida Best and Brightest Principal
 1254         scholarship; requiring specified awards for eligible
 1255         principals; amending s. 1013.31, F.S.; authorizing a
 1256         district to use certain sources of funds for
 1257         educational, auxiliary, and ancillary plant capital
 1258         outlay purposes without needing a survey
 1259         recommendation; amending s. 1013.385, F.S.; providing
 1260         additional exceptions to certain building code
 1261         regulations for school districts; amending s. 1013.62,
 1262         F.S.; providing legislative intent; prohibiting a
 1263         charter school from being eligible for capital outlay
 1264         funds unless the chair of the governing board and the
 1265         chief administrative officer of the charter school
 1266         annually certify certain information; defining the
 1267         term “affiliated party of the charter school”;
 1268         revising the Department of Education’s calculation
 1269         methodology for a school district’s distribution of
 1270         discretionary millage to its eligible charter schools;
 1271         providing an effective date.