Florida Senate - 2019 CS for SB 7070
By the Committees on Appropriations; and Education; and Senator
Diaz
576-04615B-19 20197070c1
1 A bill to be entitled
2 An act relating to K-12 education; amending s.
3 212.099, F.S.; deleting a specified reference to a
4 certain program; revising the definition of the terms
5 “eligible contribution” or “contribution”; revising
6 the authorized uses of eligible contributions;
7 amending s. 212.1832, F.S.; deleting a specified
8 reference to a certain program; deleting obsolete
9 language; amending s. 1002.20, F.S.; revising the
10 programs through which certain parents may seek
11 private educational choice options; amending s.
12 1002.33, F.S.; providing that charters may include a
13 provision for charter schools to be held responsible
14 for all costs incurred by the district in connection
15 with complaints to the Office of Civil Rights or the
16 Equal Employment Opportunity Commission; amending s.
17 1002.333, F.S.; revising the definition of the term
18 “persistently low-performing school”; revising
19 requirements for the expenditure of funds under the
20 Schools of Hope Scholarship Program; requiring that
21 ownership of certain property, furnishings, and
22 equipment revert to the district school board upon the
23 dissolution or termination of a school of hope;
24 providing that certain funds and specified
25 improvements, furnishings, equipment, and records be
26 held in trust upon a request by a district school
27 board; deleting the authorization for a traditional
28 public school to receive funds from the program;
29 deleting a requirement for the State Board of
30 Education to provide awards and annually report
31 certain information; creating s. 1002.394, F.S.;
32 establishing the Family Empowerment Scholarship
33 Program; providing the purpose of the program;
34 defining terms; providing scholarship eligibility
35 requirements; providing for the term of such
36 scholarships; prohibiting certain students from
37 scholarship eligibility; requiring school districts to
38 inform specified households within their respective
39 districts of their eligibility to receive a Family
40 Empowerment Scholarship; requiring the Department of
41 Education to provide the form to be used by school
42 districts for that purpose; requiring school districts
43 to notify certain students of specified information
44 relating to statewide assessments; requiring school
45 districts, upon the request of the department, to
46 provide statewide assessments and related materials to
47 certain private schools; providing requirements for
48 the administration of statewide assessments at certain
49 private schools; requiring school districts to publish
50 information relating to the scholarship program on
51 their respective websites; providing requirements for
52 the published information; requiring the department to
53 publish and update information relating to the program
54 on the department website; requiring the department to
55 cross-check specified information; providing
56 requirements for private school participation in the
57 program; providing requirements for participating
58 students and their parents; providing obligations for
59 participation of eligible scholarship-funding
60 organizations in the program; providing the maximum
61 number of students who may participate in the
62 scholarship program, beginning with a specified school
63 year; providing for subsequent increases in the
64 authorized number of participating students; providing
65 for the calculation of school district funding
66 entitlement under the program; requiring school
67 districts to report all students who attend a private
68 school under the program; providing that such students
69 must be reported separately for certain purposes;
70 requiring the department to transfer funds from the
71 General Revenue Fund to an account for the program;
72 requiring that program funds for students entering a
73 Department of Juvenile Justice commitment program be
74 transferred from the school district in which the
75 student last attended school before commitment;
76 providing that the department must receive specified
77 information relating to such students within a
78 specified timeframe; requiring the Chief Financial
79 Officer to make scholarship payments to the
80 department; providing requirements for such payments;
81 requiring the department to request from the
82 Department of Financial Services a sample of certain
83 endorsed warrants for a specified purpose; providing
84 immunity from liability for the state; providing a
85 scope of authority with regard to the regulation of
86 private schools; requiring the state board to adopt
87 rules; providing an implementation schedule for a
88 specified school year; providing additional
89 eligibility requirements; requiring the Department of
90 Education to expedite the publication of specified
91 information on the department’s website; providing a
92 deadline for a specified payment by the Chief
93 Financial Officer; providing for the expiration of
94 provisions related to a specified school year;
95 amending s. 1002.385, F.S.; deleting the authorization
96 for certain nonprofit scholarship-funding
97 organizations to receive specified funds; amending s.
98 1002.395, F.S.; revising eligibility requirements
99 under the Florida Tax Credit Scholarship Program for
100 certain students; revising obligations of certain
101 nonprofit scholarship-funding organizations relating
102 to the program; revising a requirement for certain
103 contributions to annually be used by a specified date
104 to provide scholarships to eligible students; revising
105 the calculation methodology to be used for the
106 scholarship amount provided to certain students under
107 the program; amending s. 1002.40, F.S.; revising the
108 calculation methodology to be used for awards under
109 the Hope Scholarship Program; conforming provisions to
110 changes made by the act; specifying limitations on the
111 amount of certain contributions which eligible
112 scholarship-funding organizations may carry forward to
113 the following fiscal year; authorizing certain funds
114 relating to the Hope Scholarship Program to be used to
115 fund the Florida Tax Credit Scholarship Program, under
116 specified conditions; expanding the language required
117 to be included on the contribution election form
118 relating to the Hope Scholarship Program and the
119 Florida Tax Credit Scholarship Program; amending s.
120 1002.411, F.S.; deleting obsolete language; revising
121 the award of reading scholarship accounts to be
122 provided in the General Appropriations Act; deleting
123 the authorization for certain nonprofit scholarship
124 funding organizations to receive specified funds;
125 creating part VII of ch. 1003, F.S., entitled “Public
126 School Innovation”; creating s. 1003.64, F.S.;
127 providing legislative intent; creating the Community
128 School Grant Program within the department; providing
129 the purpose of the program; defining terms;
130 establishing the Center for Community Schools within
131 the University of Central Florida; authorizing the
132 center to facilitate the implementation of its
133 community school model through grants; providing
134 duties for the center; providing that, in prioritizing
135 planning grant awards, priority must be given to
136 certain school districts; requiring the center to
137 annually publish, by a specified date, specified
138 information on its website; amending s. 1004.04, F.S.;
139 revising requirements for the rules to establish
140 uniform core curricula for state-approved teacher
141 preparation programs; revising the evidence to be used
142 in the determination of continued approval of teacher
143 preparation programs; revising reporting requirements
144 for public and private institutions that offer state
145 approved teacher preparation programs; revising
146 requirements for preservice field experience courses
147 and internships; amending s. 1004.85, F.S.; revising
148 requirements for educator preparation programs;
149 revising requirements relating to annual performance
150 evaluations that educator preparation institutes are
151 required to submit to the department; amending s.
152 1008.33, F.S.; authorizing a district-managed
153 turnaround plan to include a proposal regarding the
154 length and number of planned school days; making a
155 technical change; amending s. 1011.62, F.S.; deleting
156 a requirement for the total allocation of the
157 federally connected student supplement to be prorated
158 under specified circumstances; creating the Florida
159 Best and Brightest Teacher and Principal Allocation;
160 providing the purpose of the allocation; requiring
161 that, subject to the appropriation of funds, each
162 school district receive an allocation based on its
163 proportional share of Florida Education Finance
164 Program base funding; authorizing the Legislature to
165 specify a minimum allocation; requiring school
166 districts to provide specified awards to eligible
167 teachers and principals from allocated funds;
168 requiring school districts to prorate awards under
169 certain circumstances; creating the turnaround school
170 supplemental services allocation; providing a purpose;
171 providing for services that may be funded by the
172 allocation; authorizing school districts to enter into
173 formal agreements with certain organizations to
174 provide specified services to students and families;
175 requiring a school district to submit a plan to its
176 school board before distribution of the allocation;
177 specifying requirements for such plans; requiring each
178 school district to annually submit approved plans to
179 the commissioner by a specified date; specifying the
180 basis for each school district’s funding allocation;
181 providing for a school’s continued eligibility for
182 funding; amending s. 1011.71, F.S.; conforming a
183 cross-reference and provisions to changes made by the
184 act; amending s. 1012.56, F.S.; deleting obsolete
185 language; requiring school districts to provide test
186 support information to individuals who do not meet
187 passing scores on any subtest of the general knowledge
188 examination; deleting the requirement that an
189 individual who holds a temporary certificate
190 demonstrate mastery of general knowledge within a
191 specified timeframe; removing the prohibition on
192 employment for an individual who has not met specified
193 requirements; expanding circumstances under which the
194 State Board of Education is required to adopt rules to
195 allow the department to extend the validity period of
196 a temporary certificate; requiring the department to
197 extend, rather than reissue, a temporary certificate
198 in certain circumstances; amending s. 1012.59, F.S.;
199 revising requirements for rulemaking by the state
200 board relating to certification fees; deleting a
201 requirement that an examination fee be sufficient to
202 cover the actual cost of developing and administering
203 the examination; amending s. 1012.731, F.S.; renaming
204 the Florida Best and Brightest Teacher Scholarship
205 Program as the Florida Best and Brightest Teacher
206 Program; revising legislative intent relating to the
207 program; deleting authority for the Department of
208 Education to administer the program; specifying the
209 funding source for the program; providing for
210 recruitment, retention, and recognition awards;
211 providing eligibility requirements; deleting a
212 requirement for school districts to submit certain
213 information to the department; deleting a requirement
214 for the department to disburse scholarship funds to
215 certain school districts; deleting a requirement for
216 school districts to award specified scholarships;
217 deleting a definition; amending s. 1012.732, F.S.;
218 renaming the Florida Best and Brightest Principal
219 Scholarship Program as the Florida Best and Brightest
220 Principal Program; revising legislative intent
221 relating to program; deleting authority for the
222 department to administer the program; specifying the
223 funding source for the program; providing eligibility
224 requirements; deleting a requirement for the
225 department to identify eligible school principals and
226 disburse funds; deleting a requirement for school
227 districts to award scholarships to specified school
228 principals; deleting a requirement for school
229 districts to provide certain principals with
230 additional authority and responsibilities; deleting a
231 definition; amending s. 1013.31, F.S.; authorizing a
232 school district, in the absence of a survey
233 recommendation, to use funds from a taxpayer-approved
234 bond referendum to fund construction of educational,
235 auxiliary, or ancillary facilities and to use funds
236 from a specified district school tax for certain
237 capital outlay purposes; authorizing the commissioner
238 to direct specified capital outlay funds to be
239 withheld from school districts until a specified time;
240 amending s. 1013.385, F.S.; revising voting
241 requirements for adoption by a district school board
242 of a resolution to implement exceptions to the
243 educational facilities construction requirements;
244 deleting actions required of district school boards
245 before voting may take place; amending s. 1013.64,
246 F.S.; revising the information required to be included
247 in a school district’s request to receive certain
248 funding; prohibiting a district school board from
249 using funds from state sources for certain new
250 construction of educational plant space; providing
251 exceptions; requiring the department, in conjunction
252 with the Office of Economic and Demographic Research,
253 to review and revise the limits on the cost per
254 student station, based on certain factors; requiring
255 the department to use the adjusted cost per student
256 station for each instructional level; requiring the
257 department to collaborate with the office to select a
258 certain index by a specified date; deleting a
259 requirement for the department to make final
260 determinations on district compliance; removing a
261 prohibition on the use of funds for certain new
262 construction; revising the costs that may be included
263 and that may not be included in calculating the cost
264 per student station; amending chapter 2018-6, L.O.F.;
265 expanding the authority of the Department of Revenue
266 to adopt emergency rules; providing an effective date.
267
268 Be It Enacted by the Legislature of the State of Florida:
269
270 Section 1. Section 212.099, Florida Statutes, is amended to
271 read:
272 212.099 Credit for contributions to eligible nonprofit
273 scholarship-funding organizations Florida Sales Tax Credit
274 Scholarship Program.—
275 (1) As used in this section, the term:
276 (a) “Eligible business” means a tenant or person actually
277 occupying, using, or entitled to the use of any property from
278 which the rental or license fee is subject to taxation under s.
279 212.031.
280 (b) “Eligible contribution” or “contribution” means a
281 monetary contribution from an eligible business to an eligible
282 nonprofit scholarship-funding organization to be used pursuant
283 to s. 1002.385 or s. 1002.395. The eligible business making the
284 contribution may not designate a specific student as the
285 beneficiary of the contribution.
286 (c) “Eligible nonprofit scholarship-funding organization”
287 or “organization” has the same meaning as provided in s.
288 1002.395(2)(f).
289 (2) An eligible business shall be granted a credit against
290 the tax imposed under s. 212.031 and collected from the eligible
291 business by a dealer. The credit shall be in an amount equal to
292 100 percent of an eligible contribution made to an organization.
293 (3) A dealer shall take a credit against the tax imposed
294 under s. 212.031 in an amount equal to the credit taken by the
295 eligible business under subsection (2).
296 (4)(a) An eligible business must apply to the department
297 for an allocation of tax credits under this section. The
298 eligible business must specify in the application the state
299 fiscal year during which the contribution will be made, the
300 organization that will receive the contribution, the planned
301 amount of the contribution, the address of the property from
302 which the rental or license fee is subject to taxation under s.
303 212.031, and the federal employer identification number of the
304 dealer who collects the tax imposed under s. 212.031 from the
305 eligible business and who will reduce collection of taxes from
306 the eligible business pursuant to this section. The department
307 shall approve allocations of tax credits on a first-come, first
308 served basis and shall provide to the eligible business a
309 separate approval or denial letter for each dealer for which the
310 eligible business applied for an allocation of tax credits.
311 Within 10 days after approving or denying an application, the
312 department shall provide a copy of its approval or denial letter
313 to the organization specified by the eligible business in the
314 application. An approval letter must include the name and
315 federal employer identification number of the dealer from whom a
316 credit under this section can be taken and the amount of tax
317 credits approved for use with that dealer.
318 (b) Upon receipt of an eligible contribution, the
319 organization shall provide the eligible business that made the
320 contribution with a separate certificate of contribution for
321 each dealer from whom a credit can be taken as approved under
322 paragraph (a). A certificate of contribution must include the
323 contributor’s name and, if available, federal employer
324 identification number, the amount contributed, the date of
325 contribution, the name of the organization, and the name and
326 federal employer identification number of the dealer.
327 (5) Each dealer that receives from an eligible business a
328 copy of the department’s approval letter and a certificate of
329 contribution, both of which identify the dealer as the dealer
330 who collects the tax imposed under s. 212.031 from the eligible
331 business and who will reduce collection of taxes from the
332 eligible business pursuant to this section, shall reduce the tax
333 collected from the eligible business under s. 212.031 by the
334 total amount of contributions indicated in the certificate of
335 contribution. The reduction may not exceed the amount of credit
336 allocation approved by the department and may not exceed the
337 amount of tax that would otherwise be collected from the
338 eligible business by a dealer when a payment is made under the
339 rental or license fee arrangement. However, payments by an
340 eligible business to a dealer may not be reduced before October
341 1, 2018.
342 (a) If the total amount of credits an eligible business may
343 take cannot be fully used within any period that a payment is
344 due under the rental or license fee arrangement because of an
345 insufficient amount of tax that the dealer would collect from
346 the eligible business during that period, the unused amount may
347 be carried forward for a period not to exceed 10 years.
348 (b) A tax credit may not be claimed on an amended return or
349 through a refund.
350 (c) A dealer that claims a tax credit must file returns and
351 pay taxes by electronic means under s. 213.755.
352 (d) An eligible business may not convey, assign, or
353 transfer an approved tax credit or a carryforward tax credit to
354 another entity unless all of the assets of the eligible business
355 are conveyed, assigned, or transferred in the same transaction
356 and the successor business continues the same lease with the
357 dealer.
358 (e) Within any state fiscal year, an eligible business may
359 rescind all or part of a tax credit approved under this section.
360 The amount rescinded shall become available for that state
361 fiscal year to another eligible business as approved by the
362 department if the business receives notice from the department
363 that the rescindment has been accepted by the department. Any
364 amount rescinded under this subsection shall become available to
365 an eligible business on a first-come, first-served basis based
366 on tax credit applications received after the date the
367 rescindment is accepted by the department.
368 (f) Within 10 days after the rescindment of a tax credit
369 under paragraph (e) is accepted by the department, the
370 department shall notify the eligible nonprofit scholarship
371 funding organization specified by the eligible business. The
372 department shall also include the eligible nonprofit
373 scholarship-funding organization specified by the eligible
374 business on all letters or correspondence of acknowledgment for
375 tax credits under this section.
376 (6) An organization shall report to the department, on or
377 before the 20th day of each month, the total amount of
378 contributions received pursuant to subsection (4) in the
379 preceding calendar month on a form provided by the department.
380 Such report shall include the amount of contributions received
381 during that reporting period and the federal employer
382 identification number of each dealer associated with the
383 contribution.
384 (7)(a) Eligible contributions may be used to fund the
385 program established under s. 1002.395 s. 1002.385 if funds
386 appropriated in a state fiscal year for the program are
387 insufficient to fund eligible students.
388 (b) If the conditions in paragraph (a) are met, the
389 organization shall first use eligible contributions received
390 during a state fiscal year to fund scholarships for students in
391 the priority set forth in s. 1002.385(12)(d). Remaining
392 contributions may be used to fund scholarships for students
393 eligible pursuant to s. 1002.395(3)(b)1. or 2.
394 (b)(c) The organization shall separately account for each
395 scholarship funded pursuant to this section.
396 (d) Notwithstanding s. 1002.385(6)(b), any funds remaining
397 from a closed scholarship account funded pursuant to this
398 section shall be used to fund other scholarships pursuant to s.
399 1002.385.
400 (c)(e) The organization may, subject to the limitations of
401 s. 1002.395(6)(j)1., use up to 3 percent of eligible
402 contributions received during the state fiscal year in which
403 such contributions are collected for administrative expenses.
404 (8) The sum of tax credits that may be approved by the
405 department in any state fiscal year is $57.5 million.
406 (9) For purposes of the distributions of tax revenue under
407 s. 212.20, the department shall disregard any tax credits
408 allowed under this section to ensure that any reduction in tax
409 revenue received that is attributable to the tax credits results
410 only in a reduction in distributions to the General Revenue
411 Fund.
412 (10) The department may adopt rules to administer this
413 section.
414 Section 2. Section 212.1832, Florida Statutes, is amended
415 to read:
416 212.1832 Credit for contributions to eligible nonprofit
417 scholarship-funding organizations the Hope Scholarship Program.—
418 (1) The purchaser of a motor vehicle shall be granted a
419 credit of 100 percent of an eligible contribution made to an
420 eligible nonprofit scholarship-funding organization under s.
421 1002.40 against any tax imposed by the state under this chapter
422 and collected from the purchaser by a dealer, designated agent,
423 or private tag agent as a result of the purchase or acquisition
424 of a motor vehicle on or after October 1, 2018, except that a
425 credit may not exceed the tax that would otherwise be collected
426 from the purchaser by a dealer, designated agent, or private tag
427 agent. For purposes of this subsection, the term “purchase” does
428 not include the lease or rental of a motor vehicle.
429 (2) A dealer shall take a credit against any tax imposed by
430 the state under this chapter on the purchase of a motor vehicle
431 in an amount equal to the credit granted to the purchaser under
432 subsection (1).
433 (3) For purposes of the distributions of tax revenue under
434 s. 212.20, the department shall disregard any tax credits
435 allowed under this section to ensure that any reduction in tax
436 revenue received that is attributable to the tax credits results
437 only in a reduction in distributions to the General Revenue
438 Fund. The provisions of s. 1002.40 apply to the credit
439 authorized by this section.
440 Section 3. Paragraph (b) of subsection (6) of section
441 1002.20, Florida Statutes, is amended to read:
442 1002.20 K-12 student and parent rights.—Parents of public
443 school students must receive accurate and timely information
444 regarding their child’s academic progress and must be informed
445 of ways they can help their child to succeed in school. K-12
446 students and their parents are afforded numerous statutory
447 rights including, but not limited to, the following:
448 (6) EDUCATIONAL CHOICE.—
449 (b) Private educational choices.—Parents of public school
450 students may seek private educational choice options under
451 certain programs established under chapter 1002.
452 1. Under the McKay Scholarships for Students with
453 Disabilities Program, the parent of a public school student with
454 a disability may request and receive a McKay Scholarship for the
455 student to attend a private school in accordance with s.
456 1002.39.
457 2. Under the Florida Tax Credit Scholarship Program, the
458 parent of a student who qualifies for free or reduced-price
459 school lunch or who is currently placed, or during the previous
460 state fiscal year was placed, in foster care as defined in s.
461 39.01 may seek a scholarship from an eligible nonprofit
462 scholarship-funding organization in accordance with s. 1002.395.
463 3. Under the Florida Personal Learning Scholarship Accounts
464 Program, the parent of a student with a qualifying disability
465 may apply for a personal learning scholarship to be used for
466 individual educational needs in accordance with s. 1002.385.
467 Section 4. Paragraph (f) is added to subsection (7) of
468 section 1002.33, Florida Statutes, to read:
469 1002.33 Charter schools.—
470 (7) CHARTER.—The terms and conditions for the operation of
471 a charter school shall be set forth by the sponsor and the
472 applicant in a written contractual agreement, called a charter.
473 The sponsor and the governing board of the charter school shall
474 use the standard charter contract pursuant to subsection (21),
475 which shall incorporate the approved application and any addenda
476 approved with the application. Any term or condition of a
477 proposed charter contract that differs from the standard charter
478 contract adopted by rule of the State Board of Education shall
479 be presumed a limitation on charter school flexibility. The
480 sponsor may not impose unreasonable rules or regulations that
481 violate the intent of giving charter schools greater flexibility
482 to meet educational goals. The charter shall be signed by the
483 governing board of the charter school and the sponsor, following
484 a public hearing to ensure community input.
485 (f) A charter may include a provision requiring the charter
486 school to be held responsible for all costs incurred by the
487 district in connection with complaints to the Office of Civil
488 Rights or the Equal Employment Opportunity Commission.
489 Section 5. Paragraph (b) of subsection (1) and subsection
490 (10) of section 1002.333, Florida Statutes, are amended to read:
491 1002.333 Persistently low-performing schools.—
492 (1) DEFINITIONS.—As used in this section, the term:
493 (b) “Persistently low-performing school” means a school
494 that has earned three consecutive grades lower than a “C,”
495 pursuant to s. 1008.34, in at least 3 of the previous 5 years
496 and has not earned a grade of “B” or higher in the most recent 2
497 school years, and a school that was closed pursuant to s.
498 1008.33(4) within 2 years after the submission of a notice of
499 intent.
500 (10) SCHOOLS OF HOPE PROGRAM.—The Schools of Hope Program
501 is created within the Department of Education.
502 (a) A school of hope is eligible to receive funds from the
503 Schools of Hope Program for the following expenditures:
504 1. Preparing teachers, school leaders, and specialized
505 instructional support personnel, including costs associated
506 with:
507 a. Providing professional development.
508 b. Hiring and compensating teachers, school leaders, and
509 specialized instructional support personnel for services beyond
510 the school day and year until the school reaches full enrollment
511 in accordance with the performance-based agreement pursuant to
512 subsection (5).
513 2. Acquiring supplies, training, equipment, and educational
514 materials, including developing and acquiring instructional
515 materials.
516 3. Providing one-time startup costs associated with
517 providing transportation to students to and from the charter
518 school.
519 4. Carrying out community engagement activities, which may
520 include paying the cost of student and staff recruitment.
521 5. Providing funds to cover the nonvoted ad valorem millage
522 that would otherwise be required for schools and the required
523 local effort funds calculated pursuant to s. 1011.62 when the
524 state board enters into an agreement with a hope operator
525 pursuant to subsection (5).
526 6. Providing funds for the initial leasing costs of a
527 school facility in the event the department determines that a
528 suitable district-owned facility is unavailable or not leased in
529 a timely manner pursuant to paragraph (7)(d).
530
531 In the event a school of hope is dissolved or is otherwise
532 terminated, all property, furnishings, and equipment purchased
533 with public funds shall automatically revert to full ownership
534 by the district school board, subject to complete satisfaction
535 of any lawful liens or encumbrances. Any unencumbered public
536 funds from the school of hope, district school board property
537 and improvements, furnishings, and equipment purchased with
538 public funds, or financial or other records pertaining to the
539 school of hope, in the possession of any person, entity, or
540 holding company, other than the charter school, shall be held in
541 trust upon the district school board’s request, until any appeal
542 status is resolved.
543 (b) A traditional public school that is required to submit
544 a plan for implementation pursuant to s. 1008.33(4) is eligible
545 to receive up to $2,000 per full-time equivalent student from
546 the Schools of Hope Program based upon the strength of the
547 school’s plan for implementation and its focus on evidence-based
548 interventions that lead to student success by providing wrap
549 around services that leverage community assets, improve school
550 and community collaboration, and develop family and community
551 partnerships. Wrap-around services include, but are not limited
552 to, tutorial and after-school programs, student counseling,
553 nutrition education, parental counseling, and adult education.
554 Plans for implementation may also include models that develop a
555 culture of attending college, high academic expectations,
556 character development, dress codes, and an extended school day
557 and school year. At a minimum, a plan for implementation must:
558 1. Establish wrap-around services that develop family and
559 community partnerships.
560 2. Establish clearly defined and measurable high academic
561 and character standards.
562 3. Increase parental involvement and engagement in the
563 child’s education.
564 4. Describe how the school district will identify, recruit,
565 retain, and reward instructional personnel. The state board may
566 waive the requirements of s. 1012.22(1)(c)5., and suspend the
567 requirements of s. 1012.34, to facilitate implementation of the
568 plan.
569 5. Identify a knowledge-rich curriculum that the school
570 will use that focuses on developing a student’s background
571 knowledge.
572 6. Provide professional development that focuses on
573 academic rigor, direct instruction, and creating high academic
574 and character standards.
575 (c) The state board shall:
576 1. Provide awards for up to 25 schools and prioritize
577 awards for plans submitted pursuant to paragraph (b) that are
578 based on whole school transformation and that are developed in
579 consultation with the school’s principal.
580 2. Annually report on the implementation of this subsection
581 in the report required by s. 1008.345(5), and provide summarized
582 academic performance reports of each traditional public school
583 receiving funds.
584 (d) Notwithstanding s. 216.301 and pursuant to s. 216.351,
585 funds allocated for the purpose of this subsection which are not
586 disbursed by June 30 of the fiscal year in which the funds are
587 allocated may be carried forward for up to 5 years after the
588 effective date of the original appropriation.
589 Section 6. Section 1002.394, Florida Statutes, is created
590 to read:
591 1002.394 The Family Empowerment Scholarship Program.—
592 (1) PURPOSE.—The Family Empowerment Scholarship Program is
593 established to provide children of families in this state which
594 have limited financial resources with educational options to
595 achieve success in their education.
596 (2) DEFINITIONS.—As used in this section, the term:
597 (a) “Department” means the Department of Education.
598 (b) “Eligible nonprofit scholarship-funding organization”
599 has the same meaning as provided in s. 1002.395(2)(f).
600 (c) “Eligible private school” has the same meaning as
601 provided in s. 1002.395(2)(g).
602 (d) “Parent” means a resident of this state who is a
603 parent, as defined in s. 1000.21.
604 (e) “Program” means the Family Empowerment Scholarship
605 Program.
606 (3) SCHOLARSHIP ELIGIBILITY.—A student is eligible for a
607 Family Empowerment Scholarship under this section if the student
608 meets the following criteria:
609 (a)1. The student is on the direct certification list
610 pursuant to s. 1002.395(2)(c) or the student’s household income
611 level does not exceed 300 percent of the federal poverty level;
612 or
613 2. The student is currently placed, or during the previous
614 state fiscal year was placed, in foster care or in out-of-home
615 care as defined in s. 39.01.
616
617 Priority shall be given to students whose household income
618 levels do not exceed 185 percent of the federal poverty level or
619 who are in foster care or out-of-home care. A student who
620 initially receives a scholarship based on eligibility under
621 subparagraph 2. remains eligible to participate until the
622 student graduates from high school or attains the age of 21
623 years, whichever occurs first, regardless of the student’s
624 household income level. A sibling of a student who is
625 participating in the scholarship program under this subsection
626 is eligible for a scholarship if the student resides in the same
627 household as the sibling.
628 (b) The student is eligible to enroll in kindergarten or
629 has spent the prior school year in attendance at a Florida
630 public school. For purposes of this paragraph, prior school year
631 in attendance means that the student was enrolled and reported
632 by a school district for funding during the preceding October
633 and February Florida Education Finance Program surveys in
634 kindergarten through grade 12, which includes time spent in a
635 Department of Juvenile Justice commitment program if funded
636 under the Florida Education Finance Program.
637
638 However, a dependent child of a member of the United States
639 Armed Forces who transfers to a school in this state from out of
640 state or from a foreign country due to a parent’s permanent
641 change of station orders or a foster child is exempt from the
642 prior public school attendance requirement under this paragraph,
643 but must meet the other eligibility requirements specified under
644 this section to participate in the program.
645 (c) The parent has obtained acceptance for admission of the
646 student to a private school that is eligible for the program
647 under subsection (8) and the parent has requested a scholarship
648 from the Department of Education at least 60 days before the
649 date of the first scholarship payment. The request must be
650 communicated directly to the department in a manner that creates
651 a written or electronic record of the request and the date of
652 receipt of the request. The department must notify the school
653 district of the parent’s intent upon receipt of the parent’s
654 request.
655 (4) TERM OF SCHOLARSHIP.—
656 (a) For purposes of continuity of educational choice, a
657 Family Empowerment Scholarship shall remain in force until the
658 student returns to a public school, graduates from high school,
659 or reaches the age of 21, whichever occurs first. A scholarship
660 student who enrolls in a public school or public school program
661 is considered to have returned to a public school for the
662 purpose of determining the end of the scholarship’s term.
663 However, if a student enters a Department of Juvenile Justice
664 detention center for a period of no more than 21 days, the
665 student is not considered to have returned to a public school
666 for that purpose.
667 (b) Upon reasonable notice to the department and the school
668 district, the student’s parent may remove the student from the
669 private school and place the student in a public school in
670 accordance with this section.
671 (c) Upon reasonable notice to the department, the student’s
672 parent may move the student from one participating private
673 school to another participating private school.
674 (5) SCHOLARSHIP PROHIBITIONS.—A student is not eligible for
675 a Family Empowerment Scholarship while he or she is:
676 (a) Enrolled in a public school, including, but not limited
677 to, the Florida School for the Deaf and the Blind; the College
678 Preparatory Boarding Academy; a developmental research school
679 authorized under s. 1002.32; or a charter school authorized
680 under chapter 1002;
681 (b) Enrolled in a school operating for the purpose of
682 providing educational services to youth in a Department of
683 Juvenile Justice commitment program;
684 (c) Receiving any other educational scholarship pursuant to
685 this chapter;
686 (d) Participating in a home education program as defined in
687 s. 1002.01(1);
688 (e) Participating in a private tutoring program pursuant to
689 s. 1002.43; or
690 (f) Participating in a virtual school, correspondence
691 school, or distance learning program that receives state funding
692 pursuant to the student’s participation.
693 (6) SCHOOL DISTRICT OBLIGATIONS.—
694 (a) By July 15, 2019, and by April 1 of each year
695 thereafter, a school district shall inform all households within
696 the district receiving free or reduced-priced meals under the
697 National School Lunch Act of their eligibility to apply to the
698 department for a Family Empowerment Scholarship. The form of
699 such notice shall be provided by the department, and the school
700 district shall include the provided form in any normal
701 correspondence with eligible households. Such notice is limited
702 to once a year.
703 (b) The school district in which a participating student
704 resides must notify the student and his or her parent about the
705 locations and times to take all statewide assessments under s.
706 1008.22 if the student chooses to participate in such
707 assessments. Upon the request of the department, a school
708 district shall coordinate with the department to provide to a
709 participating private school the statewide assessments
710 administered under s. 1008.22 and any related materials for
711 administering the assessments. For a student who participates in
712 the Family Empowerment Scholarship Program whose parent requests
713 that the student take the statewide assessments under s.
714 1008.22, the district in which the student attends a private
715 school shall provide locations and times to take all statewide
716 assessments. A school district is responsible for implementing
717 test administrations at a participating private school,
718 including the:
719 1. Provision of training for private school staff on test
720 security and assessment administration procedures;
721 2. Distribution of testing materials to a private school;
722 3. Retrieval of testing materials from a private school;
723 4. Provision of the required format for a private school to
724 submit information to the district for test administration and
725 enrollment purposes; and
726 5. Provision of any required assistance, monitoring, or
727 investigation at a private school.
728 (c) Each school district must publish information about the
729 Family Empowerment Scholarship Program on the district’s website
730 homepage. At a minimum, the published information must include a
731 website link to the Family Empowerment Scholarship Program
732 published on the Department of Education website as well as a
733 telephone number and e-mail that students and parents may use to
734 contact relevant personnel in the school district to obtain
735 information about the scholarship.
736 (7) DEPARTMENT OF EDUCATION OBLIGATIONS.—The department
737 shall:
738 (a) Publish and update, as necessary, information on the
739 department website about the Family Empowerment Scholarship
740 Program, including, but not limited to, student eligibility
741 criteria, parental responsibilities, and relevant data.
742 (b) Cross-check the list of participating scholarship
743 students with the public school enrollment lists before each
744 scholarship payment to avoid duplication.
745 (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—To be
746 eligible to participate in the Family Empowerment Scholarship
747 Program, a private school may be sectarian or nonsectarian and
748 must:
749 (a) Comply with all requirements for private schools
750 participating in state school choice scholarship programs
751 pursuant to s. 1002.421.
752 (b) Provide to the department all documentation required
753 for a student’s participation, including the private school’s
754 and student’s fee schedules, at least 30 days before any
755 quarterly scholarship payment is made for the student pursuant
756 to paragraph (11)(f). A student is not eligible to receive a
757 quarterly scholarship payment if the private school fails to
758 meet this deadline.
759 (c)1. Annually administer or make provision for students
760 participating in the program in grades 3 through 10 to take one
761 of the nationally norm-referenced tests identified by the
762 department or to take the statewide assessments pursuant to s.
763 1008.22. Students with disabilities for whom standardized
764 testing is not appropriate are exempt from this requirement. A
765 participating private school shall report a student’s scores to
766 his or her parent.
767 2. Administer the statewide assessments pursuant to s.
768 1008.22 if the private school chooses to offer the statewide
769 assessments. A participating private school may choose to offer
770 and administer the statewide assessments to all students who
771 attend the private school in grades 3 through 10 and must submit
772 a request in writing to the department by March 1 of each year
773 in order to administer the statewide assessments in the
774 subsequent school year.
775
776 If a private school fails to meet the requirements of this
777 subsection or s. 1002.421, the commissioner may determine that
778 the private school is ineligible to participate in the
779 scholarship program.
780 (9) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
781 PARTICIPATION.—A parent who applies for a Family Empowerment
782 Scholarship is exercising his or her parental option to place
783 his or her child in a private school.
784 (a) The parent must select the private school and apply for
785 the admission of his or her student.
786 (b) The parent must request the scholarship at least 60
787 days before the date of the first scholarship payment.
788 (c) The parent must inform the applicable school district
789 when the parent withdraws his or her student from a public
790 school to attend an eligible private school.
791 (d) Any student participating in the program must remain in
792 attendance throughout the school year unless excused by the
793 school for illness or other good cause.
794 (e) Each parent and each student has an obligation to the
795 private school to comply with the private school’s published
796 policies.
797 (f) The parent shall ensure that the student participating
798 in the scholarship program takes the norm-referenced assessment
799 offered by the private school. The parent may also choose to
800 have the student participate in the statewide assessments
801 pursuant to paragraph (6)(b).
802 (g) If the parent requests that the student participating
803 in the program take all statewide assessments required pursuant
804 to s. 1008.22, the parent is responsible for transporting the
805 student to the assessment site designated by the school
806 district.
807 (h) Upon receipt of a scholarship warrant, the parent to
808 whom the warrant is issued must restrictively endorse the
809 warrant to the private school for deposit into the private
810 school’s account. The parent may not designate any entity or
811 individual associated with the participating private school as
812 the parent’s attorney in fact to endorse a scholarship warrant.
813 A participant who fails to comply with this paragraph forfeits
814 the scholarship.
815 (10) OBLIGATIONS OF ELIGIBLE SCHOLARSHIP-FUNDING
816 ORGANIZATIONS.—An eligible nonprofit scholarship-funding
817 organization:
818 (a) Shall verify the household income level of students
819 pursuant to subparagraph (3)(a)1. and submit the verified list
820 of students and related documentation to the department.
821 (b) May, from eligible contributions received pursuant to
822 s. 1002.395(6)(j)1., use an amount not to exceed 1 percent of
823 the total amount of all scholarships awarded under this section
824 for administrative expenses associated with performing functions
825 under this section. Such administrative expense amount is
826 considered within the 3 percent limit on the total amount an
827 organization may use to administer scholarships under this
828 chapter.
829 (c) Must, in a timely manner, submit any information
830 requested by the department relating to the scholarship under
831 this section.
832 (d) Must notify the department about any violation of this
833 section by a parent or a private school.
834 (11) SCHOLARSHIP FUNDING AND PAYMENT.—
835 (a) The scholarship is established for up to 18,000
836 students annually on a first-come, first-served basis beginning
837 with the 2019-2020 school year. Beginning in the 2020-2021
838 school year, the number of students participating in the
839 scholarship program under this section may increase in
840 accordance with the percentage increase in the state’s public
841 school student enrollment.
842 (b) The scholarship amount provided to a student for any
843 single school year shall be for tuition and fees for an eligible
844 private school, not to exceed annual limits, which shall be
845 determined in accordance with this paragraph. The calculated
846 amount for a student to attend an eligible private school shall
847 be 95 percent of the unweighted FTE funding amount at the
848 district level for that state fiscal year and shall be adjusted
849 with each FEFP calculation through the calculation based on the
850 October survey.
851 (c) The amount of the Family Empowerment Scholarship shall
852 be the calculated amount or the amount of the private school’s
853 tuition and fees, whichever is less. The amount of any
854 assessment fee required by the participating private school may
855 be paid from the total amount of the scholarship.
856 (d) The school district shall report all students who are
857 attending a private school under this program. The students
858 attending private schools on Family Empowerment Scholarships
859 shall be reported separately from other students reported for
860 purposes of the Florida Education Finance Program.
861 (e) Following notification on July 1, September 1, December
862 1, or February 1 of the number of program participants, the
863 department shall transfer, from general revenue funds only, the
864 amount calculated pursuant to paragraph (b) to a separate
865 account for the scholarship program for quarterly disbursement
866 to parents of participating students. For a student exiting a
867 Department of Juvenile Justice commitment program who chooses to
868 participate in the scholarship program, the amount of the Family
869 Empowerment Scholarship calculated pursuant to paragraph (b)
870 must be transferred from the school district in which the
871 student last attended a public school before commitment to the
872 Department of Juvenile Justice. When a student enters the
873 scholarship program, the department must receive all
874 documentation required for the student’s participation,
875 including the private school’s and the student’s fee schedules,
876 at least 30 days before the first quarterly scholarship payment
877 is made for the student.
878 (f) Upon notification by the department that it has
879 received the documentation required under paragraph (e), the
880 Chief Financial Officer shall make scholarship payments in four
881 equal amounts no later than September 1, November 1, February 1,
882 and April 1 of each school year in which the scholarship is in
883 force. The initial payment shall be made after department
884 verification of admission acceptance, and subsequent payments
885 shall be made upon verification of continued enrollment and
886 attendance at the private school. Payment must be by individual
887 warrant made payable to the student’s parent and mailed by the
888 department to the private school of the parent’s choice, and the
889 parent shall restrictively endorse the warrant to the private
890 school for deposit into the account of the private school.
891 (g) Subsequent to each scholarship payment, the department
892 shall request from the Department of Financial Services a sample
893 of endorsed warrants to review and confirm compliance with
894 endorsement requirements.
895 (12) LIABILITY.—No liability shall arise on the part of the
896 state based on the award or use of a Family Empowerment
897 Scholarship.
898 (13) SCOPE OF AUTHORITY.—The inclusion of eligible private
899 schools within the options available to Florida public school
900 students does not expand the regulatory authority of the state,
901 its officers, or any school district to impose any additional
902 regulation of private schools beyond those reasonably necessary
903 to enforce requirements expressly set forth in this section.
904 (14) RULES.—The State Board of Education shall adopt rules
905 pursuant to ss. 120.536(1) and 120.54 to administer this
906 section.
907 (15) IMPLEMENTATION SCHEDULE FOR THE 2019-2020 SCHOOL
908 YEAR.—Notwithstanding the provisions of this section related to
909 notification requirements and eligibility timelines, for the
910 2019-2020 school year:
911 (a) A student is eligible for a Family Empowerment
912 Scholarship under this section if the student’s parent has
913 obtained acceptance of the student’s admission to a private
914 school that is eligible for the program under subsection (8) and
915 the parent has requested a scholarship from the Department of
916 Education no later than August 15, 2019. The request must be
917 communicated directly to the department in a manner that creates
918 a written or electronic record of the request and the date of
919 receipt of the request.
920 (b) The department shall expedite the publication of
921 information relevant to the Family Empowerment Scholarship
922 Program on the department’s website, including, but not limited
923 to, the eligibility criteria for students to qualify for the
924 scholarship under this section and how parents may request the
925 scholarship. The department must immediately notify the school
926 district of the parent’s intent upon receipt of the parent’s
927 request.
928 (c) Upon notification by the department that it has
929 received the documentation required under paragraph (10)(a), the
930 Chief Financial Officer shall make the first quarter payment of
931 scholarships no later than October 1, 2019.
932
933 This subsection shall expire June 30, 2020.
934 Section 7. Paragraph (g) of subsection (13) of section
935 1002.385, Florida Statutes, is amended to read:
936 1002.385 The Gardiner Scholarship.—
937 (13) FUNDING AND PAYMENT.—
938 (g) In addition to funds appropriated for scholarship
939 awards and subject to a separate, specific legislative
940 appropriation, an organization may receive an amount equivalent
941 to not more than 3 percent of the amount of each scholarship
942 award from state funds for administrative expenses if the
943 organization has operated as a nonprofit entity for at least the
944 preceding 3 fiscal years and did not have any findings of
945 material weakness or material noncompliance in its most recent
946 audit under s. 1002.395(6)(m). Such administrative expenses must
947 be reasonable and necessary for the organization’s management
948 and distribution of scholarships under this section. Funds
949 authorized under this paragraph may not be used for lobbying or
950 political activity or expenses related to lobbying or political
951 activity. An organization may not charge an application fee for
952 a scholarship. Administrative expenses may not be deducted from
953 funds appropriated for scholarship awards.
954 Section 8. Subsection (3), paragraphs (d) and (j) of
955 subsection (6), and paragraph (a) of subsection (11) of section
956 1002.395, Florida Statutes, are amended to read:
957 1002.395 Florida Tax Credit Scholarship Program.—
958 (3) PROGRAM; SCHOLARSHIP ELIGIBILITY.—
959 (a) The Florida Tax Credit Scholarship Program is
960 established.
961 (b) A student is eligible for a Florida tax credit
962 scholarship under this section if the student meets one or more
963 of the following criteria:
964 1. The student is on the direct certification list or the
965 student’s household income level does not exceed 185 percent of
966 the federal poverty level; or
967 2. The student is currently placed, or during the previous
968 state fiscal year was placed, in foster care or in out-of-home
969 care as defined in s. 39.01.
970 3. The student’s household income level is greater than 185
971 percent of the federal poverty level but does not exceed 260
972 percent of the federal poverty level.
973
974 A student who initially receives a scholarship based on
975 eligibility under subparagraph (b)2. remains eligible to
976 participate until the student graduates from high school or
977 attains the age of 21 years, whichever occurs first, regardless
978 of the student’s household income level. A student who initially
979 received a scholarship based on income eligibility before the
980 2019-2020 school year remains eligible to participate until he
981 or she graduates from high school, attains the age of 21 years,
982 or the student’s household income level exceeds 260 percent of
983 the federal poverty level, whichever occurs first. A sibling of
984 a student who is participating in the scholarship program under
985 this subsection is eligible for a scholarship if the student
986 resides in the same household as the sibling.
987 (6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING
988 ORGANIZATIONS.—An eligible nonprofit scholarship-funding
989 organization:
990 (d) Must provide scholarships, from eligible contributions,
991 to eligible students for the cost of:
992 1. Tuition and fees for an eligible private school; or
993 2. Transportation to a Florida public school in which a
994 student is enrolled and that is different from the school to
995 which the student was assigned that is located outside the
996 district in which the student resides or to a lab school as
997 defined in s. 1002.32.
998 (j)1. May use up to 3 percent of eligible contributions
999 received pursuant to this section and ss. 212.099, 212.1832, and
1000 1002.40 during the state fiscal year in which such contributions
1001 are collected for administrative expenses if the organization
1002 has operated as an eligible nonprofit scholarship-funding
1003 organization for at least the preceding 3 fiscal years and did
1004 not have any findings of material weakness or material
1005 noncompliance in its most recent audit under paragraph (m).
1006 Administrative expenses from eligible contributions may not
1007 exceed 3 percent of the total amount of all scholarships awarded
1008 by an eligible scholarship-funding organization under this
1009 chapter. Such administrative expenses must be reasonable and
1010 necessary for the organization’s management and distribution of
1011 scholarships awarded eligible contributions under this chapter
1012 section. No funds authorized under this subparagraph shall be
1013 used for lobbying or political activity or expenses related to
1014 lobbying or political activity. Up to one-third of the funds
1015 authorized for administrative expenses under this subparagraph
1016 may be used for expenses related to the recruitment of
1017 contributions from taxpayers. An eligible nonprofit scholarship
1018 funding organization may not charge an application fee.
1019 2. Must expend for annual or partial-year scholarships an
1020 amount equal to or greater than 75 percent of the net eligible
1021 contributions remaining after administrative expenses during the
1022 state fiscal year in which such contributions are collected. No
1023 more than 25 percent of such net eligible contributions may be
1024 carried forward to the following state fiscal year. All amounts
1025 carried forward, for audit purposes, must be specifically
1026 identified for particular students, by student name and the name
1027 of the school to which the student is admitted, subject to the
1028 requirements of ss. 1002.22 and 1002.221 and 20 U.S.C. s. 1232g,
1029 and the applicable rules and regulations issued pursuant
1030 thereto. Any amounts carried forward shall be expended for
1031 annual or partial-year scholarships in the following state
1032 fiscal year. No later than September 30 of each year, net
1033 eligible contributions remaining on June 30 of each year that
1034 are in excess of the 25 percent that may be carried forward
1035 shall be used to provide scholarships to eligible students or
1036 transferred to other eligible nonprofit scholarship-funding
1037 organizations to provide scholarships for eligible students. All
1038 transferred funds must be deposited by each eligible nonprofit
1039 scholarship-funding organization receiving such funds into its
1040 scholarship account. All transferred amounts received by any
1041 eligible nonprofit scholarship-funding organization must be
1042 separately disclosed in the annual financial audit required
1043 under paragraph (m).
1044 3. Must, before granting a scholarship for an academic
1045 year, document each scholarship student’s eligibility for that
1046 academic year. A scholarship-funding organization may not grant
1047 multiyear scholarships in one approval process.
1048
1049 Information and documentation provided to the Department of
1050 Education and the Auditor General relating to the identity of a
1051 taxpayer that provides an eligible contribution under this
1052 section shall remain confidential at all times in accordance
1053 with s. 213.053.
1054 (11) SCHOLARSHIP AMOUNT AND PAYMENT.—
1055 (a) Except as provided in subparagraph 2., The scholarship
1056 amount provided to any student for any single school year by an
1057 eligible nonprofit scholarship-funding organization from
1058 eligible contributions shall be for total costs authorized under
1059 paragraph (6)(d), not to exceed annual limits, which shall be
1060 determined as follows:
1061 1.a. For The base amount awarded to a student who received
1062 a scholarship in the 2018-2019 school year, who remains
1063 eligible, and who is enrolled in an eligible private school, the
1064 amount shall be the greater amount calculated pursuant to
1065 subparagraph 2. or determined as a percentage of the unweighted
1066 FTE funding amount for the 2018-2019 that state fiscal year and
1067 thereafter as follows:
1068 a.(I) Eighty-eight percent for a student enrolled in
1069 kindergarten through grade 5.
1070 b.(II) Ninety-two percent for a student enrolled in grade 6
1071 through grade 8.
1072 c.(III) Ninety-six percent for a student enrolled in grade
1073 9 through grade 12.
1074 2. For students initially eligible in the 2019-2020 school
1075 year or thereafter, the calculated amount for a student to
1076 attend an eligible private school shall be 95 percent of the
1077 unweighted FTE funding amount at the district level for that
1078 state fiscal year and shall be adjusted with each FEFP
1079 calculation through the calculation based on the October survey.
1080 3.b. The scholarship amount awarded to a student enrolled
1081 in a Florida public school in which a student is enrolled and
1082 that is different from the school to which the student was
1083 assigned that is located outside the district in which the
1084 student resides or in a lab school as defined in s. 1002.32, is
1085 limited to $750.
1086 2. The annual limit for a scholarship under sub
1087 subparagraph 1.a. shall be reduced by:
1088 a. Twelve percent if the student’s household income level
1089 is greater than or equal to 200 percent, but less than 215
1090 percent, of the federal poverty level.
1091 b. Twenty-six percent if the student’s household income
1092 level is greater than or equal to 215 percent, but less than 230
1093 percent, of the federal poverty level.
1094 c. Forty percent if the student’s household income level is
1095 greater than or equal to 230 percent, but less than 245 percent,
1096 of the federal poverty level.
1097 d. Fifty percent if the student’s household income level is
1098 greater than or equal to 245 percent, but less than or equal to
1099 260 percent, of the federal poverty level.
1100 Section 9. Paragraph (i) is added to subsection (11) of
1101 section 1002.40, Florida Statutes, and paragraphs (a) and (g) of
1102 subsection (11) and paragraph (a) of subsection (13) of that
1103 section are amended, to read:
1104 1002.40 The Hope Scholarship Program.—
1105 (11) FUNDING AND PAYMENT.—
1106 (a) The calculated amount for a student to attend an
1107 eligible private school shall be 95 percent of the unweighted
1108 FTE funding amount at the district level for that state fiscal
1109 year and shall be adjusted with each FEFP calculation through
1110 the calculation based on the October survey. The maximum amount
1111 awarded to a student enrolled in an eligible private school
1112 shall be determined as a percentage of the unweighted FTE
1113 funding amount for that state fiscal year and thereafter as
1114 follows:
1115 1. Eighty-eight percent for a student enrolled in
1116 kindergarten through grade 5.
1117 2. Ninety-two percent for a student enrolled in grade 6
1118 through grade 8.
1119 3. Ninety-six percent for a student enrolled in grade 9
1120 through grade 12.
1121 (g) An eligible nonprofit scholarship-funding organization,
1122 subject to the limitations of s. 1002.395(6)(j)1., may use up to
1123 3 percent of eligible contributions received during the state
1124 fiscal year in which such contributions are collected for
1125 administrative expenses if the organization has operated as an
1126 eligible nonprofit scholarship-funding organization for at least
1127 the preceding 3 fiscal years and did not have any findings of
1128 material weakness or material noncompliance in its most recent
1129 audit under s. 1002.395(6)(m). Such administrative expenses must
1130 be reasonable and necessary for the organization’s management
1131 and distribution of eligible contributions under this section.
1132 Funds authorized under this paragraph may not be used for
1133 lobbying or political activity or expenses related to lobbying
1134 or political activity. Up to one-third of the funds authorized
1135 for administrative expenses under this paragraph may be used for
1136 expenses related to the recruitment of contributions. An
1137 eligible nonprofit scholarship-funding organization may not
1138 charge an application fee.
1139 (i) Notwithstanding s. 1002.395(6)(j)2., no more than 5
1140 percent of net eligible contributions may be carried forward to
1141 the following state fiscal year by an eligible scholarship
1142 funding organization. For audit purposes, all amounts carried
1143 forward must be specifically identified for individual students
1144 by student name and by the name of the school to which the
1145 student is admitted, subject to the requirements of ss. 1002.21
1146 and 1002.22 and 20 U.S.C. s. 1232g, and the applicable rules and
1147 regulations issued pursuant to such requirements. Any amounts
1148 carried forward shall be expended for annual scholarships or
1149 partial-year scholarships in the following state fiscal year.
1150 Net eligible contributions remaining on June 30 of each year
1151 which are in excess of the 5 percent that may be carried forward
1152 shall be transferred to other eligible nonprofit scholarship
1153 funding organizations participating in the Hope Scholarship
1154 Program to provide scholarships for eligible students. All
1155 transferred funds must be deposited by each eligible nonprofit
1156 scholarship-funding organization receiving such funds into the
1157 scholarship account of eligible students. All transferred
1158 amounts received by an eligible nonprofit scholarship-funding
1159 organization must be separately disclosed in the annual
1160 financial audit requirement under s. 1002.395(6)(m). If no other
1161 eligible nonprofit scholarship-funding organization participates
1162 in the Hope Scholarship Program, net eligible contributions in
1163 excess of the 5 percent may be used to fund scholarships for
1164 students eligible under s. 1002.395(3).
1165 (13) SCHOLARSHIP FUNDING TAX CREDITS.—
1166 (a) A tax credit is available under s. 212.1832(1) for use
1167 by a person that makes an eligible contribution. Eligible
1168 contributions shall be used to fund scholarships under this
1169 section and may be used to fund scholarships under s. 1002.395.
1170 Each eligible contribution is limited to a single payment of
1171 $105 per motor vehicle purchased at the time of purchase of a
1172 motor vehicle or a single payment of $105 per motor vehicle
1173 purchased at the time of registration of a motor vehicle that
1174 was not purchased from a dealer, except that a contribution may
1175 not exceed the state tax imposed under chapter 212 that would
1176 otherwise be collected from the purchaser by a dealer,
1177 designated agent, or private tag agent. Payments of
1178 contributions shall be made to a dealer at the time of purchase
1179 of a motor vehicle or to a designated agent or private tag agent
1180 at the time of registration of a motor vehicle that was not
1181 purchased from a dealer. An eligible contribution shall be
1182 accompanied by a contribution election form provided by the
1183 Department of Revenue. The form shall include, at a minimum, the
1184 following brief description of the Hope Scholarship Program and
1185 the Florida Tax Credit Scholarship Program: “THE HOPE
1186 SCHOLARSHIP PROGRAM PROVIDES A PUBLIC SCHOOL STUDENT WHO WAS
1187 SUBJECTED TO AN INCIDENT OF VIOLENCE OR BULLYING AT SCHOOL THE
1188 OPPORTUNITY TO APPLY FOR A SCHOLARSHIP TO ATTEND AN ELIGIBLE
1189 PRIVATE SCHOOL RATHER THAN REMAIN IN AN UNSAFE SCHOOL
1190 ENVIRONMENT. THE FLORIDA TAX CREDIT SCHOLARSHIP PROGRAM PROVIDES
1191 A LOW-INCOME STUDENT THE OPPORTUNITY TO APPLY FOR A SCHOLARSHIP
1192 TO ATTEND AN ELIGIBLE PRIVATE SCHOOL.” The form shall also
1193 include, at a minimum, a section allowing the consumer to
1194 designate, from all participating scholarship funding
1195 organizations, which organization will receive his or her
1196 donation. For purposes of this subsection, the term “purchase”
1197 does not include the lease or rental of a motor vehicle.
1198 Section 10. Paragraphs (a) and (g) of subsection (7) of
1199 section 1002.411, Florida Statutes, are amended to read:
1200 1002.411 Reading scholarship accounts.—
1201 (7) ACCOUNT FUNDING AND PAYMENT.—
1202 (a) For the 2018-2019 school year, The amount of the
1203 scholarship shall be $500 per eligible student. Thereafter, the
1204 maximum amount granted for an eligible student shall be as
1205 provided in the General Appropriations Act.
1206 (g) In addition to funds appropriated for scholarships and
1207 subject to a separate, specific legislative appropriation, an
1208 organization may receive an amount equivalent to not more than 3
1209 percent of the amount of each scholarship from state funds for
1210 administrative expenses if the organization has operated as a
1211 nonprofit entity for at least the preceding 3 fiscal years and
1212 did not have any findings of material weakness or material
1213 noncompliance in its most recent audit under s. 1002.395. Such
1214 administrative expenses must be reasonable and necessary for the
1215 organization’s management and distribution of scholarships under
1216 this section. Funds authorized under this paragraph may not be
1217 used for lobbying or political activity or expenses related to
1218 lobbying or political activity. An organization may not charge
1219 an application fee for a scholarship. Administrative expenses
1220 may not be deducted from funds appropriated for scholarships.
1221 Section 11. Part VII of chapter 1003, Florida Statutes,
1222 consisting of s. 1003.64, Florida Statutes, is created and
1223 entitled “Public School Innovation.”
1224 1003.64 Community School Grant Program.—It is the intent of
1225 the Legislature to improve student success and well-being by
1226 engaging and supporting parents and community organizations in
1227 their efforts to positively impact student learning and
1228 development.
1229 (1) PURPOSE.—The Community School Grant Program is
1230 established to fund and support the planning and implementation
1231 of community school programs, subject to legislative
1232 appropriation.
1233 (2) DEFINITIONS.—
1234 (a) “Center” means the Center for Community Schools at the
1235 University of Central Florida.
1236 (b) “Community organization” means a nonprofit organization
1237 that has been in existence for at least 3 years and serves
1238 individuals within a county in which a public school
1239 implementing the community school model is located. The
1240 community organization serves as the lead partner in the
1241 community school model and facilitates the use of grant funds
1242 under this section.
1243 (c) “Community school model” means a school service model
1244 developed by the center which utilizes a long-term partnership
1245 among a school district, a community organization, a college or
1246 university, and a health care provider to establish, develop,
1247 and sustain a system for addressing student, family, and
1248 community needs during and outside of the school day. The model
1249 must establish a collaborative governance structure among the
1250 community partners for providing services and include standards
1251 for effective implementation, reporting, and evaluation at each
1252 participating school. The governance structure may include other
1253 community leaders such as parent-teacher organizations,
1254 community businesses, and faith leaders. The model must also
1255 provide for family engagement and expanded learning
1256 opportunities and support for students. A community school may
1257 include, but is not limited to, a community partnership school.
1258 (3) GRANT PROGRAM.—Contingent upon available funds, the
1259 center may facilitate the implementation of its community school
1260 model in the state through grants that enable community
1261 organizations to establish long-term partnerships and secure
1262 resources for planning, staffing, and providing services to
1263 students and families through the community school model. The
1264 center shall:
1265 (a) Require a participating public school to establish
1266 long-term partnerships through a memorandum of understanding.
1267 After receiving a grant award under this section, the center
1268 shall condition the award of grant funds in the subsequent years
1269 upon the matching funds secured through the long-term
1270 partnerships.
1271 (b) Prioritize awards based on demonstration of the
1272 technical and financial ability to sustain the community school
1273 model beyond an initial grant award. For planning grant awards,
1274 priority must be given to school districts in which the
1275 community school model has not been established and which
1276 demonstrate the technical and financial ability to sustain the
1277 community school model.
1278 (4) REPORTING.—Beginning with September 1, 2020, and
1279 annually thereafter, the center shall publish on its website
1280 information on each community organization receiving a grant
1281 from the center to implement the community school model. The
1282 information must include:
1283 (a) The amount of grant funds provided through the center
1284 for each participating school and the amount of matching funds
1285 provided by the community organization for each year the
1286 community organization has received a grant for that school.
1287 (b) The long-term partners who have entered into a
1288 memorandum of understanding for implementing the community
1289 school model pursuant to paragraph (2)(c).
1290 (c) A description of the services and community engagement
1291 activities provided through the community school model.
1292 (d) The number of students, families, and community members
1293 served through the community school model.
1294 (e) The academic progress of students enrolled at the
1295 public school, including student progression data, attendance,
1296 behavior, and student achievement and learning gains on
1297 statewide, standardized assessments as determined pursuant to s.
1298 1008.34.
1299 Section 12. Paragraph (b) of subsection (2), paragraphs
1300 (a), (b), and (e) of subsection (4), and paragraphs (c) and (d)
1301 of subsection (5) of section 1004.04, Florida Statutes, are
1302 amended to read:
1303 1004.04 Public accountability and state approval for
1304 teacher preparation programs.—
1305 (2) UNIFORM CORE CURRICULA AND CANDIDATE ASSESSMENT.—
1306 (b) The rules to establish uniform core curricula for each
1307 state-approved teacher preparation program must include, but are
1308 not limited to, the following:
1309 1. Candidate instruction and assessment in the Florida
1310 Educator Accomplished Practices across content areas.
1311 2. The use of state-adopted content standards to guide
1312 curricula and instruction.
1313 3. Scientifically researched and evidence-based reading
1314 instructional strategies that improve reading performance for
1315 all students, including explicit, systematic, and sequential
1316 approaches to teaching phonemic awareness, phonics, vocabulary,
1317 fluency, and text comprehension and multisensory intervention
1318 strategies.
1319 4. Content literacy and mathematics practices.
1320 5. Strategies appropriate for the instruction of English
1321 language learners.
1322 6. Strategies appropriate for the instruction of students
1323 with disabilities.
1324 7. Strategies to differentiate instruction based on student
1325 needs School safety.
1326 8. The use of character-based classroom management.
1327 (4) CONTINUED PROGRAM APPROVAL.—Continued approval of a
1328 teacher preparation program shall be based upon evidence that
1329 the program continues to implement the requirements for initial
1330 approval and upon significant, objective, and quantifiable
1331 measures of the program and the performance of the program
1332 completers.
1333 (a) The criteria for continued approval must include each
1334 of the following:
1335 1. Documentation from the program that each program
1336 candidate met the admission requirements provided in subsection
1337 (3).
1338 2. Documentation from the program that the program and each
1339 program completer have met the requirements provided in
1340 subsection (2).
1341 3. Evidence of performance in each of the following areas:
1342 a. Placement rate of program completers into instructional
1343 positions in Florida public schools and private schools, if
1344 available.
1345 b. Rate of retention for employed program completers in
1346 instructional positions in Florida public schools.
1347 c. Performance of students in prekindergarten through grade
1348 12 who are assigned to in-field program completers on statewide
1349 assessments using the results of the student learning growth
1350 formula adopted under s. 1012.34.
1351 d. Performance of students in prekindergarten through grade
1352 12 who are assigned to in-field program completers aggregated by
1353 student subgroup, as defined in the federal Elementary and
1354 Secondary Education Act (ESEA), 20 U.S.C. s.
1355 6311(b)(2)(C)(v)(II), as a measure of how well the program
1356 prepares teachers to work with a diverse population of students
1357 in a variety of settings in Florida public schools.
1358 e. Results of program completers’ annual evaluations in
1359 accordance with the timeline as set forth in s. 1012.34.
1360 f. Production of program completers in statewide critical
1361 teacher shortage areas as identified in s. 1012.07.
1362 4. Results of the program completers’ survey measuring
1363 their satisfaction with preparation for the realities of the
1364 classroom.
1365 5. Results of the employers’ survey measuring satisfaction
1366 with the program and the program’s responsiveness to local
1367 school districts.
1368 (b) The State Board of Education shall adopt rules for
1369 continued approval of teacher preparation programs which include
1370 the program review process, the continued approval timelines,
1371 and the performance level targets for each of the continued
1372 approval criteria in paragraph (a). Additional criteria may be
1373 approved by the State Board of Education. Such criteria may
1374 include a program completer’s satisfaction with instruction and
1375 an employer’s satisfaction with, and the program’s
1376 responsiveness to, local school districts. The Commissioner of
1377 Education shall determine the continued approval of each program
1378 based on the data collected pursuant to this section and the
1379 rules of the State Board of Education.
1380 (e) Each Florida public and private institution that offers
1381 a state-approved teacher preparation program must annually
1382 report information regarding its approved programs to the state
1383 and the general public. The report to the state must include a
1384 list of candidates who are admitted to, who are enrolled in, or
1385 who complete a teacher preparation program; additional evidence
1386 necessary to document requirements for continued approval; and
1387 data necessary to complete applicable federal reporting
1388 requirements. The state reporting requirements must minimize a
1389 program’s reporting burden whenever possible without
1390 compromising data quality. The report to the general public must
1391 include, at a minimum, the annual progress data reported by the
1392 state under this paragraph and results of the surveys required
1393 under paragraph (a), and may include other information chosen by
1394 the institution or program.
1395 (5) PRESERVICE FIELD EXPERIENCE.—All postsecondary
1396 instructors, school district personnel and instructional
1397 personnel, and school sites preparing instructional personnel
1398 through preservice field experience courses and internships
1399 shall meet special requirements. District school boards may pay
1400 student teachers during their internships.
1401 (c) Preservice field experience must fully prepare a
1402 candidate to manage a classroom by requiring the include
1403 candidate to practice and demonstrate demonstration of the
1404 uniform core curricula specific to the candidate’s candidates’
1405 area or areas of program concentration with a diverse population
1406 of students in a variety of challenging environments, including,
1407 but not limited to, high-poverty schools, urban schools, and
1408 rural schools settings. The length of structured field
1409 experiences may be extended to ensure that candidates achieve
1410 the competencies needed to meet certification requirements.
1411 (d) Postsecondary teacher preparation programs in
1412 cooperation with district school boards and approved private
1413 school associations shall select the school sites for preservice
1414 field experience activities based upon the qualifications of the
1415 supervising personnel as described in this subsection and the
1416 needs of the candidates. These sites must represent the full
1417 spectrum of school communities, including, but not limited to,
1418 schools serving low-achieving students located in urban
1419 settings. In order to be selected, school sites must demonstrate
1420 commitment to the education of public school students and to the
1421 preparation of future teachers.
1422 Section 13. Paragraph (a) of subsection (3) and subsection
1423 (5) of section 1004.85, Florida Statutes, are amended to read:
1424 1004.85 Postsecondary educator preparation institutes.—
1425 (3) Educator preparation institutes approved pursuant to
1426 this section may offer competency-based certification programs
1427 specifically designed for noneducation major baccalaureate
1428 degree holders to enable program participants to meet the
1429 educator certification requirements of s. 1012.56. An educator
1430 preparation institute choosing to offer a competency-based
1431 certification program pursuant to the provisions of this section
1432 must implement a program previously approved by the Department
1433 of Education for this purpose or a program developed by the
1434 institute and approved by the department for this purpose.
1435 Approved programs shall be available for use by other approved
1436 educator preparation institutes.
1437 (a) Within 90 days after receipt of a request for approval,
1438 the Department of Education shall approve a preparation program
1439 pursuant to the requirements of this subsection or issue a
1440 statement of the deficiencies in the request for approval. The
1441 department shall approve a certification program if the
1442 institute provides evidence of the institute’s capacity to
1443 implement a competency-based program that includes each of the
1444 following:
1445 1.a. Participant instruction and assessment in the Florida
1446 Educator Accomplished Practices across content areas.
1447 b. The use of state-adopted student content standards to
1448 guide curriculum and instruction.
1449 c. Scientifically researched and evidence-based reading
1450 instructional strategies that improve reading performance for
1451 all students, including explicit, systematic, and sequential
1452 approaches to teaching phonemic awareness, phonics, vocabulary,
1453 fluency, and text comprehension and multisensory intervention
1454 strategies.
1455 d. Content literacy and mathematical practices.
1456 e. Strategies appropriate for instruction of English
1457 language learners.
1458 f. Strategies appropriate for instruction of students with
1459 disabilities.
1460 g. Strategies to differentiate instruction based on student
1461 needs School safety.
1462 h. The use of character-based classroom management.
1463 2. An educational plan for each participant to meet
1464 certification requirements and demonstrate his or her ability to
1465 teach the subject area for which the participant is seeking
1466 certification, which is based on an assessment of his or her
1467 competency in the areas listed in subparagraph 1.
1468 3. Field experiences appropriate to the certification
1469 subject area specified in the educational plan with a diverse
1470 population of students in a variety of challenging environments,
1471 including, but not limited to, high-poverty schools, urban
1472 schools, and rural schools, settings under the supervision of
1473 qualified educators.
1474 4. A certification ombudsman to facilitate the process and
1475 procedures required for participants who complete the program to
1476 meet any requirements related to the background screening
1477 pursuant to s. 1012.32 and educator professional or temporary
1478 certification pursuant to s. 1012.56.
1479 (5) Each institute approved pursuant to this section shall
1480 submit to the Department of Education annual performance
1481 evaluations that measure the effectiveness of the programs,
1482 including the pass rates of participants on all examinations
1483 required for teacher certification, employment rates,
1484 longitudinal retention rates, and employer satisfaction surveys
1485 of employers and candidates. The employer satisfaction surveys
1486 must be designed to measure the sufficient preparation of the
1487 educator for the realities of to enter the classroom and the
1488 institute’s responsiveness to local school districts. These
1489 evaluations shall be used by the Department of Education for
1490 purposes of continued approval of an educator preparation
1491 institute’s certification program.
1492 Section 14. Paragraphs (a) and (d) of subsection (4) of
1493 section 1008.33, Florida Statutes, are amended to read:
1494 1008.33 Authority to enforce public school improvement.—
1495 (4)(a) The state board shall apply intensive intervention
1496 and support strategies tailored to the needs of schools earning
1497 two consecutive grades of “D” or a grade of “F.” In the first
1498 full school year after a school initially earns two consecutive
1499 grades of “D” or a grade of “F,” the school district must
1500 immediately implement intervention and support strategies
1501 prescribed in rule under paragraph (3)(c) and, by September 1,
1502 provide the department with the memorandum of understanding
1503 negotiated pursuant to s. 1001.42(21) and, by October 1, a
1504 district-managed turnaround plan for approval by the state
1505 board. The district-managed turnaround plan may include a
1506 proposal for the district to implement an extended school day, a
1507 summer program, or a combination of an extended school day and a
1508 summer program. Upon approval by the state board, the school
1509 district must implement the plan for the remainder of the school
1510 year and continue the plan for 1 full school year. The state
1511 board may allow a school an additional year of implementation
1512 before the school must implement a turnaround option required
1513 under paragraph (b) if it determines that the school is likely
1514 to improve to a grade of “C” or higher after the first full
1515 school year of implementation.
1516 (d) If a school earning two consecutive grades of “D” or a
1517 grade of “F” does not improve to a grade of “C” or higher after
1518 2 full school years of implementing the turnaround option
1519 selected by the school district under paragraph (b), the school
1520 district must implement another turnaround option.
1521 Implementation of the turnaround option must begin the school
1522 year following the implementation period of the existing
1523 turnaround option, unless the state board determines that the
1524 school is likely to improve to a grade of “C” or higher if
1525 additional time is provided to implement the existing turnaround
1526 option.
1527 Section 15. Present subsections (18) and (19) of section
1528 1011.62, Florida Statutes, are redesignated as subsections (19)
1529 and (20), respectively, a new subsection (18) and subsection
1530 (21) are added to that section, and paragraph (a) of subsection
1531 (4), subsection (11), paragraph (d) of subsection (13), (14),
1532 and (17) of that section are amended, to read:
1533 1011.62 Funds for operation of schools.—If the annual
1534 allocation from the Florida Education Finance Program to each
1535 district for operation of schools is not determined in the
1536 annual appropriations act or the substantive bill implementing
1537 the annual appropriations act, it shall be determined as
1538 follows:
1539 (4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.—The
1540 Legislature shall prescribe the aggregate required local effort
1541 for all school districts collectively as an item in the General
1542 Appropriations Act for each fiscal year. The amount that each
1543 district shall provide annually toward the cost of the Florida
1544 Education Finance Program for kindergarten through grade 12
1545 programs shall be calculated as follows:
1546 (a) Estimated taxable value calculations.—
1547 1.a. Not later than 2 working days before July 19, the
1548 Department of Revenue shall certify to the Commissioner of
1549 Education its most recent estimate of the taxable value for
1550 school purposes in each school district and the total for all
1551 school districts in the state for the current calendar year
1552 based on the latest available data obtained from the local
1553 property appraisers. The value certified shall be the taxable
1554 value for school purposes for that year, and no further
1555 adjustments shall be made, except those made pursuant to
1556 paragraphs (c) and (d), or an assessment roll change required by
1557 final judicial decisions as specified in paragraph (19)(b)
1558 (18)(b). Not later than July 19, the Commissioner of Education
1559 shall compute a millage rate, rounded to the next highest one
1560 one-thousandth of a mill, which, when applied to 96 percent of
1561 the estimated state total taxable value for school purposes,
1562 would generate the prescribed aggregate required local effort
1563 for that year for all districts. The Commissioner of Education
1564 shall certify to each district school board the millage rate,
1565 computed as prescribed in this subparagraph, as the minimum
1566 millage rate necessary to provide the district required local
1567 effort for that year.
1568 b. The General Appropriations Act shall direct the
1569 computation of the statewide adjusted aggregate amount for
1570 required local effort for all school districts collectively from
1571 ad valorem taxes to ensure that no school district’s revenue
1572 from required local effort millage will produce more than 90
1573 percent of the district’s total Florida Education Finance
1574 Program calculation as calculated and adopted by the
1575 Legislature, and the adjustment of the required local effort
1576 millage rate of each district that produces more than 90 percent
1577 of its total Florida Education Finance Program entitlement to a
1578 level that will produce only 90 percent of its total Florida
1579 Education Finance Program entitlement in the July calculation.
1580 2. On the same date as the certification in sub
1581 subparagraph 1.a., the Department of Revenue shall certify to
1582 the Commissioner of Education for each district:
1583 a. Each year for which the property appraiser has certified
1584 the taxable value pursuant to s. 193.122(2) or (3), if
1585 applicable, since the prior certification under sub-subparagraph
1586 1.a.
1587 b. For each year identified in sub-subparagraph a., the
1588 taxable value certified by the appraiser pursuant to s.
1589 193.122(2) or (3), if applicable, since the prior certification
1590 under sub-subparagraph 1.a. This is the certification that
1591 reflects all final administrative actions of the value
1592 adjustment board.
1593 (11) VIRTUAL EDUCATION CONTRIBUTION.—The Legislature may
1594 annually provide in the Florida Education Finance Program a
1595 virtual education contribution. The amount of the virtual
1596 education contribution shall be the difference between the
1597 amount per FTE established in the General Appropriations Act for
1598 virtual education and the amount per FTE for each district and
1599 the Florida Virtual School, which may be calculated by taking
1600 the sum of the base FEFP allocation, the discretionary local
1601 effort, the state-funded discretionary contribution, the
1602 discretionary millage compression supplement, the research-based
1603 reading instruction allocation, best and brightest teacher and
1604 principal allocation, and the instructional materials
1605 allocation, and then dividing by the total unweighted FTE. This
1606 difference shall be multiplied by the virtual education
1607 unweighted FTE for programs and options identified in s.
1608 1002.455 and the Florida Virtual School and its franchises to
1609 equal the virtual education contribution and shall be included
1610 as a separate allocation in the funding formula.
1611 (13) FEDERALLY CONNECTED STUDENT SUPPLEMENT.—The federally
1612 connected student supplement is created to provide supplemental
1613 funding for school districts to support the education of
1614 students connected with federally owned military installations,
1615 National Aeronautics and Space Administration (NASA) real
1616 property, and Indian lands. To be eligible for this supplement,
1617 the district must be eligible for federal Impact Aid Program
1618 funds under s. 8003 of Title VIII of the Elementary and
1619 Secondary Education Act of 1965. The supplement shall be
1620 allocated annually to each eligible school district in the
1621 General Appropriations Act. The supplement shall be the sum of
1622 the student allocation and an exempt property allocation.
1623 (d) The amount allocated for each eligible school district
1624 shall be recalculated during the year using actual student
1625 membership, as amended, from the most recent February survey and
1626 the tax-exempt valuation from the most recent assessment roll.
1627 Upon recalculation, if the total allocation is greater than the
1628 amount provided in the General Appropriations Act, it must be
1629 prorated to the level of the appropriation based on each
1630 district’s share of the total recalculated amount.
1631 (14) QUALITY ASSURANCE GUARANTEE.—The Legislature may
1632 annually in the General Appropriations Act determine a
1633 percentage increase in funds per K-12 unweighted FTE as a
1634 minimum guarantee to each school district. The guarantee shall
1635 be calculated from prior year base funding per unweighted FTE
1636 student which shall include the adjusted FTE dollars as provided
1637 in subsection (19) (18), quality guarantee funds, and actual
1638 nonvoted discretionary local effort from taxes. From the base
1639 funding per unweighted FTE, the increase shall be calculated for
1640 the current year. The current year funds from which the
1641 guarantee shall be determined shall include the adjusted FTE
1642 dollars as provided in subsection (19) (18) and potential
1643 nonvoted discretionary local effort from taxes. A comparison of
1644 current year funds per unweighted FTE to prior year funds per
1645 unweighted FTE shall be computed. For those school districts
1646 which have less than the legislatively assigned percentage
1647 increase, funds shall be provided to guarantee the assigned
1648 percentage increase in funds per unweighted FTE student. Should
1649 appropriated funds be less than the sum of this calculated
1650 amount for all districts, the commissioner shall prorate each
1651 district’s allocation. This provision shall be implemented to
1652 the extent specifically funded.
1653 (17) FUNDING COMPRESSION ALLOCATION.—The Legislature may
1654 provide an annual funding compression allocation in the General
1655 Appropriations Act. The allocation is created to provide
1656 additional funding to school districts and developmental
1657 research schools whose total funds per FTE in the prior year
1658 were less than the statewide average. Using the most recent
1659 prior year FEFP calculation for each eligible school district,
1660 the total funds per FTE shall be subtracted from the state
1661 average funds per FTE, not including any adjustments made
1662 pursuant to paragraph (19)(b) (18)(b). The resulting funds per
1663 FTE difference, or a portion thereof, as designated in the
1664 General Appropriations Act, shall then be multiplied by the
1665 school district’s total unweighted FTE to provide the
1666 allocation. If the calculated funds are greater than the amount
1667 included in the General Appropriations Act, they must be
1668 prorated to the appropriation amount based on each participating
1669 school district’s share. This subsection expires July 1, 2019.
1670 (18) THE FLORIDA BEST AND BRIGHTEST TEACHER AND PRINCIPAL
1671 ALLOCATION.—
1672 (a) The Florida Best and Brightest Teacher and Principal
1673 Allocation is created to recruit, retain, and recognize
1674 classroom teachers and instructional personnel who meet the
1675 criteria established in s. 1012.731 and reward principals who
1676 meet the criteria established in s. 1012.732. Subject to annual
1677 appropriation, each school district shall receive an allocation
1678 based on the district’s proportionate share of FEFP base
1679 funding. The Legislature may specify a minimum allocation for
1680 all districts in the General Appropriations Act.
1681 (b) From the allocation, each district shall provide the
1682 following:
1683 1. A one-time recruitment award, as provided in s.
1684 1012.731(3)(a);
1685 2. A retention award, as provided in s. 1012.731(3)(b); and
1686 3. A recognition award, as provided in s. 1012.731(3)(c)
1687 from the remaining balance of the appropriation after the
1688 payment of all other awards authorized under ss. 1012.731 and
1689 1012.732.
1690 (c) From the allocation, each district shall provide
1691 eligible principals an award as provided in s. 1012.732(3).
1692
1693 If a district’s calculated awards exceed the allocation, the
1694 district may prorate the awards.
1695 (21) TURNAROUND SCHOOL SUPPLEMENTAL SERVICES ALLOCATION.
1696 The turnaround school supplemental services allocation is
1697 created to provide district-managed turnaround schools, as
1698 identified in s. 1008.33(4)(a), schools that earn three
1699 consecutive grades below a “C,” as identified in s.
1700 1008.33(4)(b)3., and schools that have improved to a “C” and are
1701 no longer in turnaround status, as identified in s.
1702 1008.33(4)(c), with funds to offer services designed to improve
1703 the overall academic and community welfare of the schools’
1704 students and their families.
1705 (a)1. Services funded by the allocation may include, but
1706 are not limited to, tutorial and after-school programs, student
1707 counseling, nutrition education, parental counseling, and an
1708 extended school day and school year. In addition, services may
1709 include models that develop a culture that encourages students
1710 to complete high school and to attend college or career
1711 training, set high academic expectations, and inspire character
1712 development.
1713 2. A school district may enter into a formal agreement with
1714 a nonprofit organization that has tax-exempt status under s.
1715 501(c)(3) of the Internal Revenue Code to implement an
1716 integrated student support service model that provides students
1717 and families with access to wrap-around services, including, but
1718 not limited to, health services, after-school programs, drug
1719 prevention programs, college and career readiness programs, and
1720 food and clothing banks.
1721 (b) Before distribution of the allocation, the school
1722 district shall develop and submit a plan for implementation to
1723 its school board for approval no later than August 1 of each
1724 fiscal year.
1725 (c) At a minimum, the plan required under paragraph (b)
1726 must:
1727 1. Establish comprehensive support services that develop
1728 family and community partnerships;
1729 2. Establish clearly defined and measurable high academic
1730 and character standards;
1731 3. Increase parental involvement and engagement in the
1732 child’s education;
1733 4. Describe how instructional personnel will be identified,
1734 recruited, retained, and rewarded;
1735 5. Provide professional development that focuses on
1736 academic rigor, direct instruction, and creating high academic
1737 and character standards;
1738 6. Provide focused instruction to improve student academic
1739 proficiency, which may include additional instruction time
1740 beyond the normal school day or school year; and
1741 7. Include a strategy for continuing to provide services
1742 after the school is no longer in turnaround status by virtue of
1743 achieving a grade of “C” or higher.
1744 (d) Each school district shall submit its approved plans to
1745 the commissioner by September 1 of each fiscal year.
1746 (e) Subject to legislative appropriation, each school
1747 district’s allocation must be based on the unweighted FTE
1748 student enrollment at the eligible schools and a per-FTE funding
1749 amount of $500 or as provided in the General Appropriations Act.
1750 The supplement provided in the General Appropriations Act shall
1751 be based on the most recent school grades and shall serve as a
1752 proxy for the official calculation. Once school grades are
1753 available for the school year immediately preceding the fiscal
1754 year coinciding with the appropriation, the supplement shall be
1755 recalculated for the official participating schools as part of
1756 the subsequent FEFP calculation. The commissioner may prepare a
1757 preliminary calculation so that districts may proceed with
1758 timely planning and use of the funds. If the calculated funds
1759 for the statewide allocation exceed the funds appropriated, the
1760 allocation of funds to each school district must be prorated
1761 based on each school district’s share of the total unweighted
1762 FTE student enrollment for the eligible schools.
1763 (f) Subject to legislative appropriation, each school shall
1764 remain eligible for the allocation for a maximum of 4 continuous
1765 fiscal years while implementing a turnaround option pursuant to
1766 s. 1008.33(4). In addition, a school that improves to a grade of
1767 “C” or higher shall remain eligible to receive the allocation
1768 for a maximum of 2 continuous fiscal years after exiting
1769 turnaround status.
1770 Section 16. Subsection (1) and paragraph (a) of subsection
1771 (2) of section 1011.71, Florida Statutes, are amended to read:
1772 1011.71 District school tax.—
1773 (1) If the district school tax is not provided in the
1774 General Appropriations Act or the substantive bill implementing
1775 the General Appropriations Act, each district school board
1776 desiring to participate in the state allocation of funds for
1777 current operation as prescribed by s. 1011.62(19) s. 1011.62(18)
1778 shall levy on the taxable value for school purposes of the
1779 district, exclusive of millage voted under s. 9(b) or s. 12,
1780 Art. VII of the State Constitution, a millage rate not to exceed
1781 the amount certified by the commissioner as the minimum millage
1782 rate necessary to provide the district required local effort for
1783 the current year, pursuant to s. 1011.62(4)(a)1. In addition to
1784 the required local effort millage levy, each district school
1785 board may levy a nonvoted current operating discretionary
1786 millage. The Legislature shall prescribe annually in the
1787 appropriations act the maximum amount of millage a district may
1788 levy.
1789 (2) In addition to the maximum millage levy as provided in
1790 subsection (1), each school board may levy not more than 1.5
1791 mills against the taxable value for school purposes for charter
1792 schools pursuant to s. 1013.62(1) and (3) and for district
1793 schools to fund:
1794 (a) New construction, and remodeling projects, as set forth
1795 in s. 1013.64(6)(b) and included in the district’s educational
1796 plant survey pursuant to s. 1013.31, without regard to
1797 prioritization, sites and site improvement or expansion to new
1798 sites, existing sites, auxiliary facilities, athletic
1799 facilities, or ancillary facilities.
1800 Section 17. Effective upon becoming a law, subsections (2),
1801 (3), and (7) of section 1012.56, Florida Statutes, are amended
1802 to read:
1803 1012.56 Educator certification requirements.—
1804 (2) ELIGIBILITY CRITERIA.—To be eligible to seek
1805 certification, a person must:
1806 (a) Be at least 18 years of age.
1807 (b) File an affidavit that the applicant subscribes to and
1808 will uphold the principles incorporated in the Constitution of
1809 the United States and the Constitution of the State of Florida
1810 and that the information provided in the application is true,
1811 accurate, and complete. The affidavit shall be by original
1812 signature or by electronic authentication. The affidavit shall
1813 include substantially the following warning:
1814
1815 WARNING: Giving false information in order to obtain or renew a
1816 Florida educator’s certificate is a criminal offense under
1817 Florida law. Anyone giving false information on this affidavit
1818 is subject to criminal prosecution as well as disciplinary
1819 action by the Education Practices Commission.
1820 (c) Document receipt of a bachelor’s or higher degree from
1821 an accredited institution of higher learning, or a nonaccredited
1822 institution of higher learning that the Department of Education
1823 has identified as having a quality program resulting in a
1824 bachelor’s degree, or higher. Each applicant seeking initial
1825 certification must have attained at least a 2.5 overall grade
1826 point average on a 4.0 scale in the applicant’s major field of
1827 study. The applicant may document the required education by
1828 submitting official transcripts from institutions of higher
1829 education or by authorizing the direct submission of such
1830 official transcripts through established electronic network
1831 systems. The bachelor’s or higher degree may not be required in
1832 areas approved in rule by the State Board of Education as
1833 nondegreed areas. The State Board of Education may adopt rules
1834 that, for purposes of demonstrating completion of specific
1835 certification requirements, allow for the acceptance of college
1836 course credits recommended by the American Council for Education
1837 (ACE), as posted on an official ACE transcript.
1838 (d) Submit to background screening in accordance with
1839 subsection (10). If the background screening indicates a
1840 criminal history or if the applicant acknowledges a criminal
1841 history, the applicant’s records shall be referred to the
1842 investigative section in the Department of Education for review
1843 and determination of eligibility for certification. If the
1844 applicant fails to provide the necessary documentation requested
1845 by the department within 90 days after the date of the receipt
1846 of the certified mail request, the statement of eligibility and
1847 pending application shall become invalid.
1848 (e) Be of good moral character.
1849 (f) Be competent and capable of performing the duties,
1850 functions, and responsibilities of an educator.
1851 (g) Demonstrate mastery of general knowledge, pursuant to
1852 subsection (3), if the person serves as a classroom teacher
1853 pursuant to s. 1012.01(2)(a).
1854 (h) Demonstrate mastery of subject area knowledge, pursuant
1855 to subsection (5).
1856 (i) Demonstrate mastery of professional preparation and
1857 education competence, pursuant to subsection (6).
1858 (3) MASTERY OF GENERAL KNOWLEDGE.—Acceptable means of
1859 demonstrating mastery of general knowledge are:
1860 (a) Achievement of passing scores on the general knowledge
1861 examination required by state board rule;
1862 (b) Documentation of a valid professional standard teaching
1863 certificate issued by another state;
1864 (c) Documentation of a valid certificate issued by the
1865 National Board for Professional Teaching Standards or a national
1866 educator credentialing board approved by the State Board of
1867 Education;
1868 (d) Documentation of two semesters of successful, full-time
1869 or part-time teaching in a Florida College System institution,
1870 state university, or private college or university that awards
1871 an associate or higher degree and is an accredited institution
1872 or an institution of higher education identified by the
1873 Department of Education as having a quality program; or
1874 (e) Effective July 1, 2015, Achievement of passing scores,
1875 identified in state board rule, on national or international
1876 examinations that test comparable content and relevant standards
1877 in verbal, analytical writing, and quantitative reasoning
1878 skills, including, but not limited to, the verbal, analytical
1879 writing, and quantitative reasoning portions of the Graduate
1880 Record Examination. Passing scores identified in state board
1881 rule must be at approximately the same level of rigor as is
1882 required to pass the general knowledge examinations.
1883
1884 A school district that employs an individual who does not
1885 achieve passing scores on any subtest of the general knowledge
1886 examination must provide information regarding the availability
1887 of state-level and district-level supports and instruction to
1888 assist him or her in achieving a passing score. Such information
1889 must include, but need not be limited to, state-level test
1890 information guides, school district test preparation resources,
1891 and preparation courses offered by state universities and
1892 Florida College System institutions.
1893 (7) TYPES AND TERMS OF CERTIFICATION.—
1894 (a) The Department of Education shall issue a professional
1895 certificate for a period not to exceed 5 years to any applicant
1896 who fulfills one of the following:
1897 1. Meets all the applicable requirements outlined in
1898 subsection (2).
1899 2. For a professional certificate covering grades 6 through
1900 12:
1901 a. Meets the applicable requirements of paragraphs (2)(a)
1902 (h).
1903 b. Holds a master’s or higher degree in the area of
1904 science, technology, engineering, or mathematics.
1905 c. Teaches a high school course in the subject of the
1906 advanced degree.
1907 d. Is rated highly effective as determined by the teacher’s
1908 performance evaluation under s. 1012.34, based in part on
1909 student performance as measured by a statewide, standardized
1910 assessment or an Advanced Placement, Advanced International
1911 Certificate of Education, or International Baccalaureate
1912 examination.
1913 e. Achieves a passing score on the Florida professional
1914 education competency examination required by state board rule.
1915 3. Meets the applicable requirements of paragraphs (2)(a)
1916 (h) and completes a professional preparation and education
1917 competence program approved by the department pursuant to
1918 paragraph (8)(c). An applicant who completes the program and is
1919 rated highly effective as determined by his or her performance
1920 evaluation under s. 1012.34 is not required to take or achieve a
1921 passing score on the professional education competency
1922 examination in order to be awarded a professional certificate.
1923 (b) The department shall issue a temporary certificate to
1924 any applicant who completes the requirements outlined in
1925 paragraphs (2)(a)-(f) and completes the subject area content
1926 requirements specified in state board rule or demonstrates
1927 mastery of subject area knowledge pursuant to subsection (5) and
1928 holds an accredited degree or a degree approved by the
1929 Department of Education at the level required for the subject
1930 area specialization in state board rule.
1931 (c) The department shall issue one nonrenewable 2-year
1932 temporary certificate and one nonrenewable 5-year professional
1933 certificate to a qualified applicant who holds a bachelor’s
1934 degree in the area of speech-language impairment to allow for
1935 completion of a master’s degree program in speech-language
1936 impairment.
1937
1938 Each temporary certificate is valid for 3 school fiscal years
1939 and is nonrenewable. However, the requirement in paragraph
1940 (2)(g) must be met within 1 calendar year of the date of
1941 employment under the temporary certificate. Individuals who are
1942 employed under contract at the end of the 1 calendar year time
1943 period may continue to be employed through the end of the school
1944 year in which they have been contracted. A school district shall
1945 not employ, or continue the employment of, an individual in a
1946 position for which a temporary certificate is required beyond
1947 this time period if the individual has not met the requirement
1948 of paragraph (2)(g). At least 1 year before an individual’s
1949 temporary certificate is set to expire, the department shall
1950 electronically notify the individual of the date on which his or
1951 her certificate will expire and provide a list of each method by
1952 which the qualifications for a professional certificate can be
1953 completed. The State Board of Education shall adopt rules to
1954 allow the department to extend the validity period of a
1955 temporary certificate for 2 years when the requirements for the
1956 professional certificate, not including the requirement in
1957 paragraph (2)(g), were not completed due to the serious illness
1958 or injury of the applicant, the military service of an
1959 applicant’s spouse, or other extraordinary extenuating
1960 circumstances, or if the certificateholder is rated highly
1961 effective in the immediate prior year’s performance evaluation
1962 pursuant to s. 1012.34 or has completed a 2-year mentorship
1963 program pursuant to s. 1012.56(8). The rules must authorize the
1964 department to extend the validity period of a temporary
1965 certificate for 1 year if the certificateholder is rated
1966 effective or highly effective based solely on a student learning
1967 growth formula approved by the Commissioner of Education
1968 pursuant to s. 1012.34(8). The department shall extend reissue
1969 the temporary certificate for 2 additional years upon approval
1970 by the Commissioner of Education. A written request for
1971 extension reissuance of the certificate shall be submitted by
1972 the district school superintendent, the governing authority of a
1973 university lab school, the governing authority of a state
1974 supported school, or the governing authority of a private
1975 school.
1976 Section 18. Effective upon becoming a law, subsection (1)
1977 of section 1012.59, Florida Statutes, is amended to read:
1978 1012.59 Certification fees.—
1979 (1) The State Board of Education, by rule, shall establish
1980 by rule separate fees for applications, examinations,
1981 certification, certification renewal, late renewal,
1982 recordmaking, and recordkeeping, and may establish procedures
1983 for scheduling and administering an examination upon an
1984 applicant’s request. Unless otherwise specified in this
1985 subsection, each fee shall be based on department estimates of
1986 the revenue required to implement the provisions of law with
1987 respect to certification of school personnel. The application
1988 fee is shall be nonrefundable. The rule must specify an Each
1989 examination fee for the following:
1990 (a) Initial registration for first-time test takers.
1991 (b) Retake of the full battery of subtests of an
1992 examination, if applicable. The retake fee for the full battery
1993 of subtests may not exceed the fee for the initial registration.
1994 (c) Retake for each subtest of an examination. The retake
1995 fee for each subtest must be prorated based on the number of
1996 subtests within the examination shall be sufficient to cover the
1997 actual cost of developing and administering the examination.
1998 Section 19. Section 1012.731, Florida Statutes, is amended
1999 to read:
2000 1012.731 The Florida Best and Brightest Teacher Scholarship
2001 Program.—
2002 (1) The Legislature recognizes that, second only to
2003 parents, teachers play the most critical role within schools in
2004 preparing students to achieve a high level of academic
2005 performance. The Legislature further recognizes that research
2006 has linked student outcomes to a teacher’s own academic
2007 achievement. Therefore, it is the intent of the Legislature to
2008 recruit, retain, and recognize designate teachers who meet the
2009 needs of this state and have achieved success in the classroom
2010 high academic standards during their own education as Florida’s
2011 best and brightest teacher scholars.
2012 (2) There is created The Florida Best and Brightest Teacher
2013 Scholarship Program is created to be administered by the
2014 Department of Education. The scholarship program shall provide
2015 categorical funding for scholarships to recruitment and
2016 retention awards to classroom teachers, as defined in
2017 1012.01(2)(a), and recognition awards to instructional
2018 personnel, as defined in 1012.01(2), to be funded as provided in
2019 s. 1011.62(18) be awarded to classroom teachers, as defined in
2020 s. 1012.01(2)(a), who have demonstrated a high level of academic
2021 achievement.
2022 (3)(a) To be eligible for a one-time recruitment award as
2023 specified in the General Appropriations Act, a newly hired
2024 classroom teacher must be a content expert, based on criteria
2025 established by the department, in mathematics, science, computer
2026 science, reading, or civics scholarship in the amount of $6,000,
2027 a classroom teacher must:
2028 1. Have achieved a composite score at or above the 80th
2029 percentile on either the SAT or the ACT based on the National
2030 Percentile Ranks in effect when the classroom teacher took the
2031 assessment and have been evaluated as highly effective pursuant
2032 to s. 1012.34 in the school year immediately preceding the year
2033 in which the scholarship will be awarded, unless the classroom
2034 teacher is newly hired by the district school board and has not
2035 been evaluated pursuant to s. 1012.34.
2036 2. Beginning with the 2020-2021 school year, have achieved
2037 a composite score at or above the 77th percentile or, if the
2038 classroom teacher graduated cum laude or higher with a
2039 baccalaureate degree, the 71st percentile on either the SAT,
2040 ACT, GRE, LSAT, GMAT, or MCAT based on the National Percentile
2041 Ranks in effect when the classroom teacher took the assessment;
2042 and have been evaluated as highly effective pursuant to s.
2043 1012.34, or have been evaluated as highly effective based on a
2044 commissioner-approved student learning growth formula pursuant
2045 to s. 1012.34(8), in the school year immediately preceding the
2046 year in which the scholarship will be awarded, unless the
2047 classroom teacher is newly hired by the district school board
2048 and has not been evaluated pursuant to s. 1012.34.
2049 (b) To be eligible for a retention award as specified in
2050 the General Appropriations Act, a classroom teacher must have
2051 been rated as highly effective or effective the preceding year
2052 pursuant to s. 1012.34, and teach in a school for 2 consecutive
2053 school years, including the current year, which has improved an
2054 average of 3 percentage points or more in the percentage of
2055 total possible points achieved for determining school grades
2056 over the prior 3 years
2057 1. In order to demonstrate eligibility for an award, an
2058 eligible classroom teacher must submit to the school district,
2059 no later than November 1, an official record of his or her
2060 qualifying assessment score and, beginning with the 2020-2021
2061 school year, an official transcript demonstrating that he or she
2062 graduated cum laude or higher with a baccalaureate degree, if
2063 applicable. Once a classroom teacher is deemed eligible by the
2064 school district, the teacher shall remain eligible as long as he
2065 or she remains employed by the school district as a classroom
2066 teacher at the time of the award and receives an annual
2067 performance evaluation rating of highly effective pursuant to s.
2068 1012.34 or is evaluated as highly effective based on a
2069 commissioner-approved student learning growth formula pursuant
2070 to s. 1012.34(8) for the 2019-2020 school year or thereafter.
2071 2. A school district employee who is no longer a classroom
2072 teacher may receive an award if the employee was a classroom
2073 teacher in the prior school year, was rated highly effective,
2074 and met the requirements of this section as a classroom teacher.
2075 (c) To be eligible for a recognition award, instructional
2076 personnel must be rated as highly effective or effective and be
2077 selected by his or her school principal, based on performance
2078 criteria and policies adopted by the district school board or
2079 charter school governing board. Recognition awards must be
2080 provided from funds remaining under the allocation provided in
2081 s. 1011.62(18) after the payment of all teacher recruitment and
2082 retention awards and principal awards authorized under this
2083 section and the General Appropriations Act Notwithstanding the
2084 requirements of this subsection, for the 2017-2018, 2018-2019,
2085 and 2019-2020 school years, any classroom teacher who:
2086 1. Was evaluated as highly effective pursuant to s. 1012.34
2087 in the school year immediately preceding the year in which the
2088 scholarship will be awarded shall receive a scholarship of
2089 $1200, including a classroom teacher who received an award
2090 pursuant to paragraph (a).
2091 2. Was evaluated as effective pursuant to s. 1012.34 in the
2092 school year immediately preceding the year in which the
2093 scholarship will be awarded a scholarship of up to $800. If the
2094 number of eligible classroom teachers under this subparagraph
2095 exceeds the total allocation, the department shall prorate the
2096 per-teacher scholarship amount.
2097
2098 This paragraph expires July 1, 2020.
2099 (4) Annually, by December 1, each school district shall
2100 submit to the department:
2101 (a) The number of eligible classroom teachers who qualify
2102 for the scholarship.
2103 (b) The name and master school identification number (MSID)
2104 of each school in the district to which an eligible classroom
2105 teacher is assigned.
2106 (c) The name of the school principal of each eligible
2107 classroom teacher’s school if he or she has served as the
2108 school’s principal for at least 2 consecutive school years
2109 including the current school year.
2110 (5) Annually, by February 1, the department shall disburse
2111 scholarship funds to each school district for each eligible
2112 classroom teacher to receive a scholarship in accordance with
2113 this section.
2114 (6) Annually, by April 1, each school district shall award
2115 the scholarship to each eligible classroom teacher.
2116 (7) For purposes of this section, the term “school
2117 district” includes the Florida School for the Deaf and the Blind
2118 and charter school governing boards.
2119 Section 20. Section 1012.732, Florida Statutes, is amended
2120 to read:
2121 1012.732 The Florida Best and Brightest Principal
2122 Scholarship Program.—
2123 (1) The Legislature recognizes that the most effective
2124 school principals establish a safe and supportive school
2125 environment for students and faculty. Research shows that these
2126 principals increase student learning by providing opportunities
2127 for the professional growth, collaboration, and autonomy that
2128 classroom teachers need to become and remain highly effective
2129 educational professionals. As a result, these principals are
2130 able to recruit and retain more of the best classroom teachers
2131 and improve student outcomes at their schools, including schools
2132 serving low-income and high-need student populations. Therefore,
2133 it is the intent of the Legislature to designate school
2134 principals whose schools make noticeable academic improvement
2135 school faculty has a high percentage of classroom teachers who
2136 are designated as Florida’s best and brightest teacher scholars
2137 pursuant to s. 1012.731 as Florida’s best and brightest
2138 principals.
2139 (2) There is created The Florida Best and Brightest
2140 Principal Scholarship Program is created to be administered by
2141 the Department of Education. The program shall provide awards to
2142 categorical funding for scholarships to be awarded to school
2143 principals, as defined in s. 1012.01(3)(c)1., to be funded as
2144 provided in s. 1011.62(18) who have recruited and retained a
2145 high percentage of best and brightest teachers.
2146 (3) A school principal identified pursuant to s.
2147 1012.731(4)(c) is eligible to receive an award, as specified in
2148 the General Appropriations Act, a scholarship under this section
2149 if he or she has served as school principal at his or her school
2150 for at least 4 2 consecutive school years, including the current
2151 school year, and the school has improved an average of 3
2152 percentage points or more in the percentage of total possible
2153 points achieved for determining school grades over the prior 3
2154 years his or her school has a ratio of best and brightest
2155 teachers to other classroom teachers that is at the 80th
2156 percentile or higher for schools within the same grade group,
2157 statewide, including elementary schools, middle schools, high
2158 schools, and schools with a combination of grade levels.
2159 (4) Annually, by February 1, the department shall identify
2160 eligible school principals and disburse funds to each school
2161 district for each eligible school principal to receive a
2162 scholarship. A scholarship of $5,000 must be awarded to every
2163 eligible school principal assigned to a Title I school and a
2164 scholarship of $4,000 to every eligible school principal who is
2165 not assigned to a Title I school.
2166 (5) Annually, by April 1, each school district must award a
2167 scholarship to each eligible school principal.
2168 (6) A school district must provide a best and brightest
2169 principal with the additional authority and responsibilities
2170 provided in s. 1012.28(8) for a minimum of 2 years.
2171 (7) For purposes of this section, the term “school
2172 district” includes the Florida School for the Deaf and the Blind
2173 and charter school governing boards.
2174 Section 21. Paragraphs (a) and (d) of subsection (1) of
2175 section 1013.31, Florida Statutes, are amended to read:
2176 1013.31 Educational plant survey; localized need
2177 assessment; PECO project funding.—
2178 (1) At least every 5 years, each board shall arrange for an
2179 educational plant survey, to aid in formulating plans for
2180 housing the educational program and student population, faculty,
2181 administrators, staff, and auxiliary and ancillary services of
2182 the district or campus, including consideration of the local
2183 comprehensive plan. The Department of Education shall document
2184 the need for additional career and adult education programs and
2185 the continuation of existing programs before facility
2186 construction or renovation related to career or adult education
2187 may be included in the educational plant survey of a school
2188 district or Florida College System institution that delivers
2189 career or adult education programs. Information used by the
2190 Department of Education to establish facility needs must
2191 include, but need not be limited to, labor market data, needs
2192 analysis, and information submitted by the school district or
2193 Florida College System institution.
2194 (a) Educational plant survey and localized need assessment
2195 for capital outlay purposes.—A survey recommendation is not
2196 required when a district uses may only use funds from the
2197 following sources for educational, auxiliary, and ancillary
2198 plant capital outlay purposes without needing a survey
2199 recommendation:
2200 1. The local capital outlay improvement fund, consisting of
2201 funds that come from and are a part of the district’s basic
2202 operating budget;
2203 2. A taxpayer-approved bond referendum, to fund
2204 construction of If a board decides to build an educational,
2205 auxiliary, or ancillary plant facility without a survey
2206 recommendation and the taxpayers approve a bond referendum, the
2207 voted bond referendum;
2208 3. One-half cent sales surtax revenue;
2209 4. One cent local governmental surtax revenue;
2210 5. Impact fees; and
2211 6. Private gifts or donations; and
2212 7. The district school tax levied pursuant to s.
2213 1011.71(2).
2214 (d) Review and validation.—The Department of Education
2215 shall review and validate the surveys of school districts and
2216 Florida College System institutions, and the Chancellor of the
2217 State University System shall review and validate the surveys of
2218 universities, and any amendments thereto for compliance with the
2219 requirements of this chapter and shall recommend those in
2220 compliance for approval by the State Board of Education or the
2221 Board of Governors, as appropriate. Annually, the department
2222 shall perform an in-depth analysis of a representative sample of
2223 each survey of recommended needs for five districts selected by
2224 the commissioner from among districts with the largest need-to
2225 revenue ratio. For the purpose of this subsection, the need-to
2226 revenue ratio is determined by dividing the total 5-year cost of
2227 projects listed on the district survey by the total 5-year fixed
2228 capital outlay revenue projections from state and local sources
2229 as determined by the department. The commissioner may direct
2230 fixed capital outlay funds provided from general revenue or from
2231 state trust funds to be withheld from districts until such time
2232 as the survey accurately projects facilities needs.
2233 Section 22. Subsection (1) of section 1013.385, Florida
2234 Statutes, is amended to read:
2235 1013.385 School district construction flexibility.—
2236 (1) A district school board may, with a majority
2237 supermajority vote at a public meeting that begins no earlier
2238 than 5 p.m., adopt a resolution to implement one or more of the
2239 exceptions to the educational facilities construction
2240 requirements provided in this section. Before voting on the
2241 resolution, a district school board must conduct a cost-benefit
2242 analysis prepared according to a professionally accepted
2243 methodology that describes how each exception selected by the
2244 district school board achieves cost savings, improves the
2245 efficient use of school district resources, and impacts the
2246 life-cycle costs and life span for each educational facility to
2247 be constructed, as applicable, and demonstrates that
2248 implementation of the exception will not compromise student
2249 safety or the quality of student instruction. The district
2250 school board must conduct at least one public workshop to
2251 discuss and receive public comment on the proposed resolution
2252 and cost-benefit analysis, which must begin no earlier than 5
2253 p.m. and may occur at the same meeting at which the resolution
2254 will be voted upon.
2255 Section 23. Paragraph (a) of subsection (2) and paragraphs
2256 (b), (c), and (d) of subsection (6) of section 1013.64, Florida
2257 Statutes, are amended to read:
2258 1013.64 Funds for comprehensive educational plant needs;
2259 construction cost maximums for school district capital
2260 projects.—Allocations from the Public Education Capital Outlay
2261 and Debt Service Trust Fund to the various boards for capital
2262 outlay projects shall be determined as follows:
2263 (2)(a) The department shall establish, as a part of the
2264 Public Education Capital Outlay and Debt Service Trust Fund, a
2265 separate account, in an amount determined by the Legislature, to
2266 be known as the “Special Facility Construction Account.” The
2267 Special Facility Construction Account shall be used to provide
2268 necessary construction funds to school districts which have
2269 urgent construction needs but which lack sufficient resources at
2270 present, and cannot reasonably anticipate sufficient resources
2271 within the period of the next 3 years, for these purposes from
2272 currently authorized sources of capital outlay revenue. A school
2273 district requesting funding from the Special Facility
2274 Construction Account shall submit one specific construction
2275 project, not to exceed one complete educational plant, to the
2276 Special Facility Construction Committee. A district may not
2277 receive funding for more than one approved project in any 3-year
2278 period or while any portion of the district’s participation
2279 requirement is outstanding. The first year of the 3-year period
2280 shall be the first year a district receives an appropriation.
2281 The department shall encourage a construction program that
2282 reduces the average size of schools in the district. The request
2283 must meet the following criteria to be considered by the
2284 committee:
2285 1. The project must be deemed a critical need and must be
2286 recommended for funding by the Special Facility Construction
2287 Committee. Before developing construction plans for the proposed
2288 facility, the district school board must request a
2289 preapplication review by the Special Facility Construction
2290 Committee or a project review subcommittee convened by the chair
2291 of the committee to include two representatives of the
2292 department and two staff members from school districts not
2293 eligible to participate in the program. A school district may
2294 request a preapplication review at any time; however, if the
2295 district school board seeks inclusion in the department’s next
2296 annual capital outlay legislative budget request, the
2297 preapplication review request must be made before February 1.
2298 Within 90 days after receiving the preapplication review
2299 request, the committee or subcommittee must meet in the school
2300 district to review the project proposal and existing facilities.
2301 To determine whether the proposed project is a critical need,
2302 the committee or subcommittee shall consider, at a minimum, the
2303 capacity of all existing facilities within the district as
2304 determined by the Florida Inventory of School Houses; the
2305 district’s pattern of student growth; the district’s existing
2306 and projected capital outlay full-time equivalent student
2307 enrollment as determined by the demographic, revenue, and
2308 education estimating conferences established in s. 216.136; the
2309 district’s existing satisfactory student stations; the use of
2310 all existing district property and facilities; grade level
2311 configurations; and any other information that may affect the
2312 need for the proposed project.
2313 2. The construction project must be recommended in the most
2314 recent survey or survey amendment cooperatively prepared by the
2315 district and the department, and approved by the department
2316 under the rules of the State Board of Education. If a district
2317 employs a consultant in the preparation of a survey or survey
2318 amendment, the consultant may not be employed by or receive
2319 compensation from a third party that designs or constructs a
2320 project recommended by the survey.
2321 3. The construction project must appear on the district’s
2322 approved project priority list under the rules of the State
2323 Board of Education.
2324 4. The district must have selected and had approved a site
2325 for the construction project in compliance with s. 1013.36 and
2326 the rules of the State Board of Education.
2327 5. The district shall have developed a district school
2328 board adopted list of facilities that do not exceed the norm for
2329 net square feet occupancy requirements under the State
2330 Requirements for Educational Facilities, using all possible
2331 programmatic combinations for multiple use of space to obtain
2332 maximum daily use of all spaces within the facility under
2333 consideration.
2334 6. Upon construction, the total cost per student station,
2335 including change orders, must not exceed the cost per student
2336 station as provided in subsection (6) except for cost overruns
2337 created by a disaster as defined in s. 252.34 or an
2338 unforeseeable circumstance beyond the district’s control as
2339 determined by the Special Facility Construction Committee.
2340 7. There shall be an agreement signed by the district
2341 school board stating that it will advertise for bids within 30
2342 days of receipt of its encumbrance authorization from the
2343 department.
2344 8. For construction projects for which Special Facilities
2345 Construction Account funding is sought before the 2019-2020
2346 fiscal year, the district shall, at the time of the request and
2347 for a continuing period necessary to meet the district’s
2348 participation requirement, levy the maximum millage against its
2349 nonexempt assessed property value as allowed in s. 1011.71(2) or
2350 shall raise an equivalent amount of revenue from the school
2351 capital outlay surtax authorized under s. 212.055(6). Beginning
2352 with construction projects for which Special Facilities
2353 Construction Account funding is sought in the 2019-2020 fiscal
2354 year, the district shall, for a minimum of 3 years before
2355 submitting the request and for a continuing period necessary to
2356 meet its participation requirement, levy the maximum millage
2357 against the district’s nonexempt assessed property value as
2358 authorized under s. 1011.71(2) or shall raise an equivalent
2359 amount of revenue from the school capital outlay surtax
2360 authorized under s. 212.055(6). Any district with a new or
2361 active project, funded under the provisions of this subsection,
2362 shall be required to budget no more than the value of 1 mill per
2363 year to the project until the district’s participation
2364 requirement relating to the local discretionary capital
2365 improvement millage or the equivalent amount of revenue from the
2366 school capital outlay surtax is satisfied.
2367 9. If a contract has not been signed 90 days after the
2368 advertising of bids, the funding for the specific project shall
2369 revert to the Special Facility New Construction Account to be
2370 reallocated to other projects on the list. However, an
2371 additional 90 days may be granted by the commissioner.
2372 10. The department shall certify the inability of the
2373 district to fund the survey-recommended project over a
2374 continuous 3-year period using projected capital outlay revenue
2375 derived from s. 9(d), Art. XII of the State Constitution, as
2376 amended, paragraph (3)(a) of this section, and s. 1011.71(2).
2377 11. The district shall have on file with the department an
2378 adopted resolution acknowledging its commitment to satisfy its
2379 participation requirement, which is equivalent to all
2380 unencumbered and future revenue acquired from s. 9(d), Art. XII
2381 of the State Constitution, as amended, paragraph (3)(a) of this
2382 section, and s. 1011.71(2), in the year of the initial
2383 appropriation and for the 2 years immediately following the
2384 initial appropriation.
2385 12. Phase I Final phase III plans must be approved
2386 certified by the district school board as being complete and in
2387 compliance with the building and life safety codes before June 1
2388 of the year the application is made.
2389 (6)
2390 (b)1. A district school board may not use funds from state
2391 sources the following sources: Public Education Capital Outlay
2392 and Debt Service Trust Fund; School District and Community
2393 College District Capital Outlay and Debt Service Trust Fund;
2394 Classrooms First Program funds provided in s. 1013.68; nonvoted
2395 1.5-mill levy of ad valorem property taxes provided in s.
2396 1011.71(2); Classrooms for Kids Program funds provided in s.
2397 1013.735; District Effort Recognition Program funds provided in
2398 s. 1013.736; or High Growth District Capital Outlay Assistance
2399 Grant Program funds provided in s. 1013.738 for any new
2400 construction of educational plant space with a total cost per
2401 student station, including change orders, which exceeds that
2402 equals more than:
2403 a. $17,952 for an elementary school,
2404 b. $19,386 for a middle school, or
2405 c. $25,181 for a high school,
2406
2407 (January 2006) as adjusted annually to reflect increases or
2408 decreases in the Consumer Price Index. These restrictions do not
2409 apply to local funds as specified in s. 1013.31(1)(a). The
2410 department, in conjunction with the Office of Economic and
2411 Demographic Research, shall review and revise the cost per
2412 student station limits to reflect actual construction costs by
2413 December 1, 2019, and every 3 years thereafter. The adjusted
2414 cost per student station shall be used by the department for
2415 computation of the statewide average costs per student station
2416 for each instructional level pursuant to paragraph (d). The
2417 department shall also collaborate with the Office of Economic
2418 and Demographic Research to select an industry-recognized
2419 construction index to replace the Consumer Price Index by
2420 December 1, 2019, adjusted annually to reflect changes in the
2421 construction index.
2422 2. School districts shall maintain accurate documentation
2423 related to the costs of all new construction of educational
2424 plant space reported to the Department of Education pursuant to
2425 paragraph (d). The Auditor General shall review the
2426 documentation maintained by the school districts and verify
2427 compliance with the limits under this paragraph during its
2428 scheduled operational audits of the school district. The
2429 department shall make the final determination on district
2430 compliance based on the recommendation of the Auditor General.
2431 3. Effective July 1, 2017, in addition to the funding
2432 sources listed in subparagraph 1., a district school board may
2433 not use funds from any sources for new construction of
2434 educational plant space with a total cost per student station,
2435 including change orders, which equals more than the current
2436 adjusted amounts provided in sub-subparagraphs 1.a.-c. which
2437 shall subsequently be adjusted annually to reflect increases or
2438 decreases in the Consumer Price Index. However, if a contract
2439 has been executed for architectural and design services or for
2440 construction management services before July 1, 2017, a district
2441 school board may use funds from any source for the new
2442 construction of educational plant space and such funds are
2443 exempt from the total cost per student station requirements.
2444 4. A district school board must not use funds from the
2445 Public Education Capital Outlay and Debt Service Trust Fund or
2446 the School District and Community College District Capital
2447 Outlay and Debt Service Trust Fund for any new construction of
2448 an ancillary plant that exceeds 70 percent of the average cost
2449 per square foot of new construction for all schools.
2450 (c) Except as otherwise provided, new construction for
2451 which a contract has been executed for architectural and design
2452 services or for construction management services by a district
2453 school board on or after July 1, 2017, may not exceed the cost
2454 per student station as provided in paragraph (b). A school
2455 district that exceeds the cost per student station provided in
2456 paragraph (b), as determined by the Auditor General, shall be
2457 subject to sanctions. If the Auditor General determines that the
2458 cost per student station overage is de minimus or due to
2459 extraordinary circumstances outside the control of the district,
2460 the sanctions shall not apply. The sanctions are as follows:
2461 1. The school district shall be ineligible for allocations
2462 from the Public Education Capital Outlay and Debt Service Trust
2463 Fund for the next 3 years in which the school district would
2464 have received allocations had the violation not occurred.
2465 2. The school district shall be subject to the supervision
2466 of a district capital outlay oversight committee. The oversight
2467 committee is authorized to approve all capital outlay
2468 expenditures of the school district, including new construction,
2469 renovations, and remodeling, for 3 fiscal years following the
2470 violation.
2471 a. Each oversight committee shall be composed of the
2472 following:
2473 (I) One appointee of the Commissioner of Education who has
2474 significant financial management, school facilities
2475 construction, or related experience.
2476 (II) One appointee of the office of the state attorney with
2477 jurisdiction over the district.
2478 (III) One appointee of the Chief Financial Officer who is a
2479 licensed certified public accountant.
2480 b. An appointee to the oversight committee may not be
2481 employed by the school district; be a relative, as defined in s.
2482 1002.33(24)(a)2., of any school district employee; or be an
2483 elected official. Each appointee must sign an affidavit
2484 attesting to these conditions and affirming that no conflict of
2485 interest exists in his or her oversight role.
2486 (d) The department shall:
2487 1. Compute for each calendar year the statewide average
2488 construction costs for facilities serving each instructional
2489 level, for relocatable educational facilities, for
2490 administrative facilities, and for other ancillary and auxiliary
2491 facilities. The department shall compute the statewide average
2492 costs per student station for each instructional level.
2493 2. Annually review the actual completed construction costs
2494 of educational facilities in each school district. For any
2495 school district in which the total actual cost per student
2496 station, including change orders, exceeds the statewide limits
2497 established in paragraph (b), the school district shall report
2498 to the department the actual cost per student station and the
2499 reason for the school district’s inability to adhere to the
2500 limits established in paragraph (b). The department shall
2501 collect all such reports and shall provide these reports to the
2502 Auditor General for verification purposes.
2503
2504 Cost per student station includes contract costs, legal and
2505 administrative costs, fees of architects and engineers,
2506 furniture and equipment, and site improvement costs, related
2507 offsite improvement costs, the cost of complying with public
2508 shelter and hurricane hardening requirements, and the cost of
2509 any security enhancements, including, but not limited to, the
2510 cost for securing entries, checkpoint construction, lighting
2511 specifically designed for entry point security, security
2512 cameras, automatic locks and locking devices, electronic
2513 security systems, fencing designed to prevent intruder entry
2514 into a building, bulletproof glass, or other capital
2515 construction items approved by the school safety specialist to
2516 ensure building security for new educational, auxiliary, or
2517 ancillary facilities. Cost per student station does not include
2518 the cost of purchasing or leasing the site for the construction
2519 or the cost of related offsite improvements. Cost per student
2520 station also does not include the cost for securing entries,
2521 checkpoint construction, lighting specifically designed for
2522 entry point security, security cameras, automatic locks and
2523 locking devices, electronic security systems, fencing designed
2524 to prevent intruder entry into a building, bullet-proof glass,
2525 or other capital construction items approved by the school
2526 safety specialist to ensure building security for new
2527 educational, auxiliary, or ancillary facilities; costs for these
2528 items must be below 2 percent per student station.
2529 Section 24. Subsection (1) of section 49 of chapter 2018-6,
2530 Laws of Florida, is amended to read:
2531 Section 49. (1) The Department of Revenue is authorized,
2532 and all conditions are deemed to be met, to adopt emergency
2533 rules pursuant to s. 120.54(4), Florida Statutes, for the
2534 purpose of administering the provisions of this act and s.
2535 1002.40, Florida Statutes.
2536 Section 25. Except as otherwise expressly provided in this
2537 act and except for this section, which shall take effect upon
2538 becoming a law, this act shall take effect July 1, 2019.