ENROLLED
2024 Legislature CS for SB 7002, 1st Engrossed
20247002er
1
2 An act relating to deregulation of public schools;
3 amending s. 200.065, F.S.; requiring a district school
4 board to advertise its intent to adopt a tentative
5 budget on a publicly available website if the district
6 school board does not advertise such intent in a
7 newspaper of general circulation; defining the term
8 “publicly accessible website”; requiring certain
9 information relating to a postponed hearing to be
10 posted on a school district website under certain
11 circumstances; amending s. 252.38, F.S.; revising the
12 requirements for certain district school boards during
13 declared state or local emergencies and at the request
14 of specified entities; amending s. 316.173, F.S.;
15 revising requirements for signage that must be posted
16 on certain school buses; providing an additional use
17 for specified civil penalties; amending s. 1001.372,
18 F.S.; revising the ways due public notice may be met
19 for district school board meetings; amending s.
20 1001.49, F.S.; revising the general powers of district
21 school superintendents to include establishing a
22 process for the review and approval of certain
23 policies and procedures through the delegated
24 authority of district school boards; amending s.
25 1002.20, F.S.; revising a requirement relating to how
26 a parent is informed of placement of a student in a
27 specified program; revising a requirement relating to
28 how a parent is informed of a student’s suspension;
29 deleting a requirement that an economic security
30 report of employment and earning outcomes be provided
31 to students; amending s. 1002.55, F.S.; requiring
32 newly hired prekindergarten instructors to complete
33 specified training within a certain timeframe;
34 deleting obsolete language; amending s. 1003.53, F.S.;
35 authorizing district school boards to adopt a policy
36 relating to parental notification methods; providing
37 requirements for such policy; amending s. 1004.85,
38 F.S.; revising the requirements for participants in
39 certain educator preparation programs; amending s.
40 1004.88, F.S.; authorizing the Florida Institute for
41 Charter School Innovation to develop a professional
42 learning system; repealing s. 1006.025, F.S., relating
43 to guidance services; amending s. 1006.09, F.S.;
44 authorizing district school boards to adopt a policy
45 relating to parental notification methods; providing
46 requirements for such policy; amending s. 1010.02,
47 F.S.; providing financial reporting requirements for
48 certain school districts; amending s. 1010.11, F.S.;
49 providing that school districts are exempt from
50 certain requirements relating to electronic transfer
51 of funds; amending s. 1011.03, F.S.; requiring a
52 district school board to publish its tentative budget
53 on a publicly accessible website; deleting a
54 requirement for a district school board to publish its
55 tentative budget in a newspaper or at a courthouse
56 under certain circumstances; amending s. 1011.68,
57 F.S.; requiring certain school districts to request
58 specified assistance from the Department of Education
59 relating to the purchase of transportation equipment
60 and supplies; authorizing such school districts to
61 purchase such equipment and supplies at specified
62 prices under certain circumstances; amending s.
63 1011.71, F.S.; revising the amount of funds school
64 districts may expend from specified revenue and for
65 certain purposes; amending s. 1012.05, F.S.;
66 authorizing, rather than requiring, district school
67 boards to base certain policies on guidelines from the
68 department; revising the frequency with which school
69 districts must submit certain information to the
70 department; amending s. 1012.07, F.S.; requiring the
71 State Board of Education to develop strategies to
72 address critical teacher shortages; amending s.
73 1012.22, F.S.; authorizing district school boards to
74 use advanced degrees in setting salary schedules for
75 specified personnel; providing that collective
76 bargaining may not preclude a district school board
77 from carrying out specified duties; providing that if
78 a superintendent appears before the State Board of
79 Education for a specified purpose, the president of
80 the school district bargaining unit also must appear;
81 amending s. 1012.56, F.S.; authorizing specified
82 assessments to be used to demonstrate mastery of
83 general knowledge for certain educator certification
84 requirements; providing for the placement of an
85 educator certificate in an inactive status; providing
86 requirements for returning an educator certificate to
87 active status; amending s. 1012.2315, F.S.; revising
88 legislative findings and intent; revising school
89 district prohibitions relating to the assignment of
90 certain teachers; defining the term “inexperienced
91 teacher”; providing that certain prohibitions relating
92 to the provision of school district incentives apply
93 to incentives using federal funds; amending s.
94 1012.555, F.S.; revising requirements for individuals
95 to participate in the Teacher Apprenticeship Program;
96 amending s. 1012.57, F.S.; revising provisions
97 relating to the validity period of adjunct teaching
98 certificates; amending s. 1012.575, F.S.; providing
99 that certain provisions relating to alternative
100 teacher preparation programs also apply to the Florida
101 Institute for Charter School Innovation; amending s.
102 1012.59, F.S.; providing examination and certification
103 fee waivers for certain teachers; by a specified date,
104 requiring the Commissioner of Education to make
105 certain recommendations relating to the development
106 and retention of exceptional student education
107 instructional personnel to the Governor and
108 Legislature; repealing s. 1012.72, F.S., relating to
109 the Dale Hickam Excellent Teaching Program; repealing
110 s. 1012.86, F.S., relating to the Florida College
111 System institution employment equity accountability
112 program; amending s. 1012.98, F.S.; providing that
113 provisions relating to the development of a
114 professional learning system apply to the Florida
115 Institute for Charter School Innovation; amending s.
116 1013.15, F.S.; authorizing district school boards to
117 rent or lease specified plants and facilities and
118 sites; providing that the lease-purchase of certain
119 plants and facilities and sites is exempt from certain
120 requirements; amending s. 1013.16, F.S.; revising
121 minimum lease term requirements for land for certain
122 construction projects; amending s. 1013.20, F.S.;
123 deleting a district school board requirement to plan
124 for the use of relocatables; deleting a requirement
125 for the commissioner to provide a progress report to
126 the Legislature; repealing s. 1013.21, F.S., relating
127 to reduction of relocatable facilities in use;
128 amending s. 1013.31, F.S.; requiring each Florida
129 College System institution board of trustees and state
130 university board of trustees to arrange for
131 educational plant surveys; deleting provisions
132 relating to when an educational plant survey
133 recommendation is not required; requiring Florida
134 College System institution and state university
135 boards, but not district school boards, to participate
136 in specified surveys; deleting a requirement for
137 school districts to submit certain data to the
138 department; revising requirements for what a survey
139 report must include; deleting a requirement that a
140 school district’s survey must be submitted as part of
141 the district educational facilities plan; deleting a
142 requirement for the department to perform an analysis
143 of such surveys; revising requirements for a
144 facilities needs survey submitted by a district school
145 board; requiring that the release of funds for a PECO
146 project be subject to certain authorizations; amending
147 s. 1013.385, F.S.; deleting requirements for a
148 resolution relating to educational facilities
149 construction which may be adopted by district school
150 boards; providing that exceptions to requirements for
151 public shelter design criteria remain subject to
152 certain emergency management provisions; providing
153 that a school board may not be required to build more
154 emergency-shelter space than identified as needed;
155 amending s. 1013.45, F.S.; revising the limit for
156 specified day-labor contracts that district school
157 boards and boards of trustees of Florida College
158 System institutions may use; amending s. 1013.48,
159 F.S.; deleting a requirement that school districts
160 monitor and report the impact of certain change
161 orders; amending s. 1013.64, F.S.; revising the
162 requirements for a construction project to be exempt
163 from cost requirements; amending ss. 1001.64, 1001.65,
164 1003.621, 1011.6202, and 1013.35, F.S.; conforming
165 cross-references to changes made by the act; providing
166 an effective date.
167
168 Be It Enacted by the Legislature of the State of Florida:
169
170 Section 1. Paragraph (f) of subsection (2) of section
171 200.065, Florida Statutes, is amended to read:
172 200.065 Method of fixing millage.—
173 (2) No millage shall be levied until a resolution or
174 ordinance has been approved by the governing board of the taxing
175 authority which resolution or ordinance must be approved by the
176 taxing authority according to the following procedure:
177 (f)1. Notwithstanding any provisions of paragraph (c) to
178 the contrary, each school district shall advertise its intent to
179 adopt a tentative budget on a publicly accessible website
180 pursuant to s. 50.0311 or in a newspaper of general circulation
181 pursuant to subsection (3) within 29 days after of certification
182 of value pursuant to subsection (1). For the purpose of this
183 paragraph, the term “publicly accessible website” includes a
184 district school board’s official website if the school board
185 website satisfies the remaining requirements of s. 50.0311. Not
186 less than 2 days or more than 5 days thereafter, the district
187 shall hold a public hearing on the tentative budget pursuant to
188 the applicable provisions of paragraph (c). In the event of
189 postponement or recess due to a declared state of emergency, the
190 school district may postpone or recess the hearing for up to 7
191 days and shall post a prominent notice at the place of the
192 original hearing showing the date, time, and place where the
193 hearing will be reconvened. The posted notice shall measure not
194 less than 8.5 by 11 inches. The school district shall make every
195 reasonable effort to provide reasonable notification of the
196 continued hearing to the taxpayers. The information must also be
197 posted on the school district’s website if the district school
198 board uses a different method of advertisement.
199 2. Notwithstanding any provisions of paragraph (b) to the
200 contrary, each school district shall advise the property
201 appraiser of its recomputed proposed millage rate within 35 days
202 of certification of value pursuant to subsection (1). The
203 recomputed proposed millage rate of the school district shall be
204 considered its proposed millage rate for the purposes of
205 paragraph (b).
206 3. Notwithstanding any provisions of paragraph (d) to the
207 contrary, each school district shall hold a public hearing to
208 finalize the budget and adopt a millage rate within 80 days of
209 certification of value pursuant to subsection (1), but not
210 earlier than 65 days after certification. The hearing shall be
211 held in accordance with the applicable provisions of paragraph
212 (d), except that a newspaper advertisement need not precede the
213 hearing.
214 Section 2. Paragraph (d) of subsection (1) of section
215 252.38, Florida Statutes, is amended to read:
216 252.38 Emergency management powers of political
217 subdivisions.—Safeguarding the life and property of its citizens
218 is an innate responsibility of the governing body of each
219 political subdivision of the state.
220 (1) COUNTIES.—
221 (d) During a declared state or local emergency and upon the
222 request of the director of a local emergency management agency,
223 the district school board or school boards in the affected area
224 shall participate in emergency management by providing
225 facilities and necessary personnel to access staff such
226 facilities or perform other duties related to the facilities as
227 may be required pursuant to the county emergency management plan
228 and program. Each school board providing transportation
229 assistance in an emergency evacuation shall coordinate the use
230 of its vehicles and personnel with the local emergency
231 management agency.
232 Section 3. Paragraph (a) of subsection (2) and subsection
233 (7) of section 316.173, Florida Statutes, are amended to read:
234 316.173 School bus infraction detection systems.—
235 (2)(a) The school district must post high-visibility
236 reflective signage on the rear of each school bus in which a
237 school bus infraction detection system is installed and
238 operational which indicates the use of such system. The signage
239 must be in the form of one or more signs or stickers and must
240 contain the following elements in substantially the following
241 form:
242 1. The words “STOP WHEN RED LIGHTS FLASH” or “DO NOT PASS
243 WHEN RED LIGHTS FLASH.”
244 2. The words “CAMERA ENFORCED.”
245 3. A graphic depiction of a camera.
246 (7) The civil penalties assessed and collected for a
247 violation of s. 316.172(1)(a) or (b) enforced by a school bus
248 infraction detection system must be remitted to the school
249 district in which the violation occurred. Such civil penalties
250 must be used for the installation or maintenance of school bus
251 infraction detection systems on school buses, for any other
252 technology that increases the safety of the transportation of
253 students, or for the administration and costs associated with
254 the enforcement of violations as described in this section, or
255 to provide financial awards to recruit or retain school bus
256 drivers in the school district in which the civil penalties are
257 assessed and collected.
258 Section 4. Paragraph (c) of subsection (2) of section
259 1001.372, Florida Statutes, is amended to read:
260 1001.372 District school board meetings.—
261 (2) PLACE OF MEETINGS.—
262 (c) For purpose of this section, due public notice shall
263 consist of, at least 2 days prior to the meeting: continuous
264 publication on a publicly accessible website as provided in s.
265 50.0311 or the official district school board website; by
266 publication in a newspaper of general circulation in the county
267 or in each county where there is no newspaper of general
268 circulation in the county an announcement over at least one
269 radio station whose signal is generally received in the county,
270 a reasonable number of times daily during the 48 hours
271 immediately preceding the date of such meeting;, or by posting a
272 notice at the courthouse door if no newspaper is published in
273 the county, at least 2 days prior to the meeting.
274 Section 5. Subsection (3) of section 1001.49, Florida
275 Statutes, is amended to read:
276 1001.49 General powers of district school superintendent.
277 The district school superintendent shall have the authority, and
278 when necessary for the more efficient and adequate operation of
279 the district school system, the district school superintendent
280 shall exercise the following powers:
281 (3) APPROVE OPERATIONAL POLICIES THROUGH THE DELEGATED
282 AUTHORITY OF THE DISTRICT SCHOOL BOARD.—Establish a process for
283 the review and approval of districtwide policies and procedures,
284 through the formal delegated authority of the district school
285 board, RECOMMEND POLICIES.—Recommend to the district school
286 board for adoption such policies pertaining to the district
287 school system as the district school superintendent may consider
288 necessary for its more efficient operation.
289 Section 6. Subsection (25) of section 1002.20, Florida
290 Statutes, is renumbered as subsection (24), and paragraph (e) of
291 subsection (2), paragraph (a) of subsection (4), and subsection
292 (24) of that section are amended, to read:
293 1002.20 K-12 student and parent rights.—Parents of public
294 school students must receive accurate and timely information
295 regarding their child’s academic progress and must be informed
296 of ways they can help their child to succeed in school. K-12
297 students and their parents are afforded numerous statutory
298 rights including, but not limited to, the following:
299 (2) ATTENDANCE.—
300 (e) Dropout prevention and academic intervention programs.
301 The parent of a public school student has the right to receive
302 written notice by certified mail or other method agreed to by
303 the parent before prior to placement of the student in a dropout
304 prevention and academic intervention program and shall be
305 notified in writing and entitled to an administrative review of
306 any action by school personnel relating to the student’s
307 placement, in accordance with the provisions of s. 1003.53(5).
308 (4) DISCIPLINE.—
309 (a) Suspension of public school student.—In accordance with
310 the provisions of s. 1006.09(1)-(4):
311 1. A student may be suspended only as provided by rule of
312 the district school board. A good faith effort must be made to
313 immediately inform the parent by telephone of the student’s
314 suspension and the reason. Each suspension and the reason must
315 be reported in writing within 24 hours to the parent by United
316 States mail or other method agreed to by the parent. A good
317 faith effort must be made to use parental assistance before
318 suspension unless the situation requires immediate suspension.
319 2. A student with a disability may only be recommended for
320 suspension or expulsion in accordance with State Board of
321 Education rules.
322 (24) ECONOMIC SECURITY REPORT.—Beginning in the 2014-2015
323 school year and annually thereafter, each middle school and high
324 school student or the student’s parent prior to registration
325 shall be provided a two-page summary of the Department of
326 Economic Opportunity’s economic security report of employment
327 and earning outcomes prepared pursuant to s. 445.07 and
328 electronic access to the report.
329 Section 7. Paragraph (c) of subsection (3) of section
330 1002.55, Florida Statutes, is amended to read:
331 1002.55 School-year prekindergarten program delivered by
332 private prekindergarten providers.—
333 (3) To be eligible to deliver the prekindergarten program,
334 a private prekindergarten provider must meet each of the
335 following requirements:
336 (c) The private prekindergarten provider must have, for
337 each prekindergarten class of 11 children or fewer, at least one
338 prekindergarten instructor who meets each of the following
339 requirements:
340 1. The prekindergarten instructor must hold, at a minimum,
341 one of the following credentials:
342 a. A child development associate credential issued by the
343 National Credentialing Program of the Council for Professional
344 Recognition; or
345 b. A credential approved by the Department of Children and
346 Families as being equivalent to or greater than the credential
347 described in sub-subparagraph a.
348
349 The Department of Children and Families may adopt rules under
350 ss. 120.536(1) and 120.54 which provide criteria and procedures
351 for approving equivalent credentials under sub-subparagraph b.
352 2. The prekindergarten instructor must successfully
353 complete three emergent literacy training courses that include
354 developmentally appropriate and experiential learning practices
355 for children and a student performance standards training course
356 approved by the department as meeting or exceeding the minimum
357 standards adopted under s. 1002.59. A newly hired
358 prekindergarten instructor must complete the three emergent
359 literacy training courses within 45 calendar days after being
360 hired if the instructor has not previously completed the
361 courses. The prekindergarten instructor must complete an
362 emergent literacy training course at least once every 5 years
363 after initially completing the three emergent literacy training
364 courses. The courses in this subparagraph must be recognized as
365 part of the informal early learning and career pathway
366 identified by the department under s. 1002.995(1)(b). The
367 requirement for completion of the standards training course
368 shall take effect July 1, 2022. The courses must be made
369 available online or in person.
370 Section 8. Subsection (5) of section 1003.53, Florida
371 Statutes, is amended to read:
372 1003.53 Dropout prevention and academic intervention.—
373 (5) Each district school board providing a dropout
374 prevention and academic intervention program pursuant to this
375 section shall maintain for each participating student records
376 documenting the student’s eligibility, the length of
377 participation, the type of program to which the student was
378 assigned or the type of academic intervention services provided,
379 and an evaluation of the student’s academic and behavioral
380 performance while in the program. The school principal or his or
381 her designee shall, before prior to placement in a dropout
382 prevention and academic intervention program or the provision of
383 an academic service, provide written notice of placement or
384 services by certified mail, return receipt requested, to the
385 student’s parent. The parent of the student shall sign an
386 acknowledgment of the notice of placement or service and return
387 the signed acknowledgment to the principal within 3 days after
388 receipt of the notice. A district school board may adopt a
389 policy that allows a parent to agree to an alternative method of
390 notification. Such agreement may be made before the need for
391 notification arises or at the time the notification becomes
392 required. The parents of a student assigned to such a dropout
393 prevention and academic intervention program shall be notified
394 in writing and entitled to an administrative review of any
395 action by school personnel relating to such placement pursuant
396 to the provisions of chapter 120.
397 Section 9. Paragraph (b) of subsection (3) of section
398 1004.85, Florida Statutes, is amended to read:
399 1004.85 Postsecondary educator preparation institutes.—
400 (3) Educator preparation institutes approved pursuant to
401 this section may offer competency-based certification programs
402 specifically designed for noneducation major baccalaureate
403 degree holders to enable program participants to meet the
404 educator certification requirements of s. 1012.56. An educator
405 preparation institute choosing to offer a competency-based
406 certification program pursuant to the provisions of this section
407 must implement a program developed by the institute and approved
408 by the department for this purpose. Approved programs shall be
409 available for use by other approved educator preparation
410 institutes.
411 (b) Each program participant must:
412 1. Meet certification requirements pursuant to s.
413 1012.56(1) by obtaining a statement of status of eligibility in
414 the certification subject area of the educational plan and meet
415 the requirements of s. 1012.56(2)(a)-(f) before participating in
416 field experiences.
417 2. Demonstrate competency and participate in field
418 experiences that are appropriate to his or her educational plan
419 prepared under paragraph (a). Beginning with candidates entering
420 an educator preparation institute in the 2022-2023 school year,
421 a candidate for certification in a coverage area identified
422 pursuant to s. 1012.585(3)(f) must successfully complete all
423 competencies for a reading endorsement, including completion of
424 the endorsement practicum through the candidate’s field
425 experience, in order to graduate from the program.
426 3. Before completion of the program, fully demonstrate his
427 or her ability to teach the subject area for which he or she is
428 seeking certification by documenting a positive impact on
429 student learning growth in a prekindergarten through grade 12
430 setting and, except as provided in s. 1012.56(7)(a)3., achieving
431 a passing score on the professional education competency
432 examination, the basic skills examination, and the subject area
433 examination for the subject area certification which is required
434 by state board rule.
435 Section 10. Subsections (3) and (4) of section 1004.88,
436 Florida Statutes, are renumbered as subsections (4) and (5),
437 respectively, and a new subsection (3) is added to that section,
438 to read:
439 1004.88 Florida Institute for Charter School Innovation.—
440 (3) The institute may develop a professional learning
441 system pursuant to s. 1012.98(7).
442 Section 11. Section 1006.025, Florida Statutes, is
443 repealed.
444 Section 12. Paragraph (b) of subsection (1) of section
445 1006.09, Florida Statutes, is amended to read:
446 1006.09 Duties of school principal relating to student
447 discipline and school safety.—
448 (1)
449 (b) The principal or the principal’s designee may suspend a
450 student only in accordance with the rules of the district school
451 board. The principal or the principal’s designee shall make a
452 good faith effort to immediately inform a student’s parent by
453 telephone of a student’s suspension and the reasons for the
454 suspension. Each suspension and the reasons for the suspension
455 shall be reported in writing within 24 hours to the student’s
456 parent by United States mail. The district school board may
457 adopt a policy that allows a parent to agree to an alternative
458 method of notification. Such agreement may be made before the
459 need for notification arises or at the time the notification
460 becomes required. Each suspension and the reasons for the
461 suspension shall also be reported in writing within 24 hours to
462 the district school superintendent. A good faith effort shall be
463 made by the principal or the principal’s designee to employ
464 parental assistance or other alternative measures before prior
465 to suspension, except in the case of emergency or disruptive
466 conditions which require immediate suspension or in the case of
467 a serious breach of conduct as defined by rules of the district
468 school board. Such rules shall require oral and written notice
469 to the student of the charges and an explanation of the evidence
470 against him or her before prior to the suspension. Each student
471 shall be given an opportunity to present his or her side of the
472 story. No student shall be suspended for unexcused tardiness,
473 lateness, absence, or truancy. The principal or the principal’s
474 designee may suspend any student transported to or from school
475 at public expense from the privilege of riding on a school bus
476 for violation of district school board transportation policies,
477 which shall include a policy regarding behavior at school bus
478 stops, and the principal or the principal’s designee shall give
479 notice in writing to the student’s parent and to the district
480 school superintendent within 24 hours. School personnel shall
481 not be held legally responsible for suspensions of students made
482 in good faith.
483 Section 13. Subsection (1) of section 1010.02, Florida
484 Statutes, is amended to read:
485 1010.02 Financial accounting and expenditures.—
486 (1) All funds accruing to a school district or a Florida
487 College System institution must be received, accounted for, and
488 expended in accordance with law and rules of the State Board of
489 Education.
490 (a) A school district may be subject to varying reporting
491 frequencies based on its financial status, as determined in
492 State Board of Education rule and as follows:
493 1. A school district identified as having a financial
494 concern may be required to submit monthly financial reports.
495 2. A school district not identified as having a financial
496 concern may not be required to submit financial reports more
497 than once every quarter.
498 (b) The State Board of Education shall adopt rules to
499 establish criteria for determining the financial status of
500 school districts for the purpose of financial reporting.
501 Section 14. Section 1010.11, Florida Statutes, is amended
502 to read:
503 1010.11 Electronic transfer of funds.—Pursuant to the
504 provisions of s. 215.85, each district school board, Florida
505 College System institution board of trustees, and university
506 board of trustees shall adopt written policies prescribing the
507 accounting and control procedures under which any funds under
508 their control are allowed to be moved by electronic transaction
509 for any purpose including direct deposit, wire transfer,
510 withdrawal, investment, or payment. Electronic transactions
511 shall comply with the provisions of chapter 668. However, a
512 district school board is exempt from the requirements of s.
513 668.50(18)(b).
514 Section 15. Subsections (1) and (3) of section 1011.03,
515 Florida Statutes, are amended to read:
516 1011.03 Public hearings; budget to be submitted to
517 Department of Education.—
518 (1) Each district school board shall cause a summary of its
519 tentative budget, including the proposed millage levies as
520 provided for by law, to be posted on the district’s official
521 website or on a publicly accessible website as provided in s.
522 50.0311 and advertised once in a newspaper of general
523 circulation published in the district or to be posted at the
524 courthouse if there be no such newspaper.
525 (3) The board shall hold public hearings to adopt tentative
526 and final budgets pursuant to s. 200.065. The hearings shall be
527 primarily for the purpose of hearing requests and complaints
528 from the public regarding the budgets and the proposed tax
529 levies and for explaining the budget and proposed or adopted
530 amendments thereto, if any. The tentative budget must be posted
531 on the district’s official website at least 2 days before the
532 budget hearing held pursuant to s. 200.065 or other law. The
533 final adopted budget must be posted on the district’s official
534 website within 30 days after adoption. The board shall require
535 the superintendent to transmit two copies of the adopted budget
536 to the Department of Education as prescribed by law and rules of
537 the State Board of Education.
538 Section 16. Subsection (4) of section 1011.68, Florida
539 Statutes, is amended to read:
540 1011.68 Funds for student transportation.—The annual
541 allocation to each district for transportation to public school
542 programs, including charter schools as provided in s.
543 1002.33(17)(b), of students in membership in kindergarten
544 through grade 12 and in migrant and exceptional student programs
545 below kindergarten shall be determined as follows:
546 (4) No district shall use funds to purchase transportation
547 equipment and supplies at prices which exceed those determined
548 by the department to be the lowest which can be obtained, as
549 prescribed in s. 1006.27(1). A school district that is unable to
550 purchase at such prices shall request from the department
551 assistance with purchasing at such prices. The school district
552 may exceed such prices if the department is unable to assist the
553 school district with its purchase.
554 Section 17. Subsection (5) of section 1011.71, Florida
555 Statutes, is amended to read:
556 1011.71 District school tax.—
557 (5) A school district may expend, subject to s. 200.065, up
558 to $200 $175 per unweighted full-time equivalent student from
559 the revenue generated by the millage levy authorized by
560 subsection (2) to fund, in addition to expenditures authorized
561 in paragraphs (2)(a)-(j), expenses for the following:
562 (a) The purchase, lease-purchase, or lease of driver’s
563 education vehicles; motor vehicles used for the maintenance or
564 operation of plants and equipment; security vehicles; or
565 vehicles used in storing or distributing materials and
566 equipment.
567 (b) Payment of the cost of premiums, as defined in s.
568 627.403, for property and casualty insurance necessary to insure
569 school district educational and ancillary plants. As used in
570 this paragraph, casualty insurance has the same meaning as in s.
571 624.605(1)(d), (f), (g), (h), and (m). Operating revenues that
572 are made available through the payment of property and casualty
573 insurance premiums from revenues generated under this subsection
574 may be expended only for nonrecurring operational expenditures
575 of the school district.
576 Section 18. Subsection (3) of section 1012.05, Florida
577 Statutes, is amended to read:
578 1012.05 Teacher recruitment and retention.—
579 (3)(a) Each school board shall adopt policies relating to
580 mentors and support for first-time teachers, which may include
581 the based upon guidelines issued by the Department of Education.
582 (b) By September 15 and February 15 each school year, each
583 school district shall electronically submit accurate public
584 school e-mail addresses for all instructional and administrative
585 personnel, as identified in s. 1012.01(2) and (3), to the
586 Department of Education.
587 Section 19. Section 1012.07, Florida Statutes, is amended
588 to read:
589 1012.07 Identification of critical teacher shortage areas.
590 The term “critical teacher shortage area” means high-need
591 content areas and high-priority location areas identified by the
592 State Board of Education. The State Board of Education shall
593 adopt rules pursuant to ss. 120.536(1) and 120.54 necessary to
594 annually identify critical teacher shortage areas. The state
595 board must consider current and emerging educational
596 requirements and workforce demands in determining critical
597 teacher shortage areas. School grade levels may also be
598 designated critical teacher shortage areas. Individual district
599 school boards may identify and submit other critical teacher
600 shortage areas. Such submissions must be aligned to current and
601 emerging educational requirements and workforce demands in order
602 to be approved by the State Board of Education. High-priority
603 location areas must shall be in high-density, low-economic urban
604 schools; low-density, low-economic rural schools; and schools
605 that earned a grade of “F” or three consecutive grades of “D”
606 pursuant to s. 1008.34. The State Board of Education shall
607 develop strategies to address critical teacher shortage areas.
608 Section 20. Paragraph (c) of subsection (1) of section
609 1012.22, Florida Statutes, is amended, and subsection (3) is
610 added to that section, to read:
611 1012.22 Public school personnel; powers and duties of the
612 district school board.—The district school board shall:
613 (1) Designate positions to be filled, prescribe
614 qualifications for those positions, and provide for the
615 appointment, compensation, promotion, suspension, and dismissal
616 of employees as follows, subject to the requirements of this
617 chapter:
618 (c) Compensation and salary schedules.—
619 1. Definitions.—As used in this paragraph:
620 a. “Adjustment” means an addition to the base salary
621 schedule that is not a bonus and becomes part of the employee’s
622 permanent base salary and shall be considered compensation under
623 s. 121.021(22).
624 b. “Grandfathered salary schedule” means the salary
625 schedule or schedules adopted by a district school board before
626 July 1, 2014, pursuant to subparagraph 4.
627 c. “Instructional personnel” means instructional personnel
628 as defined in s. 1012.01(2)(a)-(d), excluding substitute
629 teachers.
630 d. “Performance salary schedule” means the salary schedule
631 or schedules adopted by a district school board pursuant to
632 subparagraph 5.
633 e. “Salary schedule” means the schedule or schedules used
634 to provide the base salary for district school board personnel.
635 f. “School administrator” means a school administrator as
636 defined in s. 1012.01(3)(c).
637 g. “Supplement” means an annual addition to the base salary
638 for the term of the negotiated supplement as long as the
639 employee continues his or her employment for the purpose of the
640 supplement. A supplement does not become part of the employee’s
641 continuing base salary but shall be considered compensation
642 under s. 121.021(22).
643 2. Cost-of-living adjustment.—A district school board may
644 provide a cost-of-living salary adjustment if the adjustment:
645 a. Does not discriminate among comparable classes of
646 employees based upon the salary schedule under which they are
647 compensated.
648 b. Does not exceed 50 percent of the annual adjustment
649 provided to instructional personnel rated as effective.
650 3. Advanced degrees.—A district school board may not use
651 advanced degrees in setting a salary schedule for instructional
652 personnel or school administrators if hired on or after July 1,
653 2011, unless the advanced degree is held in the individual’s
654 area of certification and is only a salary supplement.
655 4. Grandfathered salary schedule.—
656 a. The district school board shall adopt a salary schedule
657 or salary schedules to be used as the basis for paying all
658 school employees hired before July 1, 2014. Instructional
659 personnel on annual contract as of July 1, 2014, shall be placed
660 on the performance salary schedule adopted under subparagraph 5.
661 Instructional personnel on continuing contract or professional
662 service contract may opt into the performance salary schedule if
663 the employee relinquishes such contract and agrees to be
664 employed on an annual contract under s. 1012.335. Such an
665 employee shall be placed on the performance salary schedule and
666 may not return to continuing contract or professional service
667 contract status. Any employee who opts into the performance
668 salary schedule may not return to the grandfathered salary
669 schedule.
670 b. In determining the grandfathered salary schedule for
671 instructional personnel, a district school board must base a
672 portion of each employee’s compensation upon performance
673 demonstrated under s. 1012.34 and shall provide differentiated
674 pay for both instructional personnel and school administrators
675 based upon district-determined factors, including, but not
676 limited to, additional responsibilities, school demographics,
677 critical shortage areas, and level of job performance
678 difficulties.
679 5. Performance salary schedule.—By July 1, 2014, the
680 district school board shall adopt a performance salary schedule
681 that provides annual salary adjustments for instructional
682 personnel and school administrators based upon performance
683 determined under s. 1012.34. Employees hired on or after July 1,
684 2014, or employees who choose to move from the grandfathered
685 salary schedule to the performance salary schedule shall be
686 compensated pursuant to the performance salary schedule once
687 they have received the appropriate performance evaluation for
688 this purpose.
689 a. Base salary.—The base salary shall be established as
690 follows:
691 (I) The base salary for instructional personnel or school
692 administrators who opt into the performance salary schedule
693 shall be the salary paid in the prior year, including
694 adjustments only.
695 (II) Instructional personnel or school administrators new
696 to the district, returning to the district after a break in
697 service without an authorized leave of absence, or appointed for
698 the first time to a position in the district in the capacity of
699 instructional personnel or school administrator shall be placed
700 on the performance salary schedule.
701 b. Salary adjustments.—Salary adjustments for highly
702 effective or effective performance shall be established as
703 follows:
704 (I) The annual salary adjustment under the performance
705 salary schedule for an employee rated as highly effective must
706 be at least 25 percent greater than the highest annual salary
707 adjustment available to an employee of the same classification
708 through any other salary schedule adopted by the district.
709 (II) The annual salary adjustment under the performance
710 salary schedule for an employee rated as effective must be equal
711 to at least 50 percent and no more than 75 percent of the annual
712 adjustment provided for a highly effective employee of the same
713 classification.
714 (III) A salary schedule shall not provide an annual salary
715 adjustment for an employee who receives a rating other than
716 highly effective or effective for the year.
717 c. Salary supplements.—In addition to the salary
718 adjustments, each district school board shall provide for salary
719 supplements for activities that must include, but are not
720 limited to:
721 (I) Assignment to a Title I eligible school.
722 (II) Assignment to a school that earned a grade of “F” or
723 three consecutive grades of “D” pursuant to s. 1008.34 such that
724 the supplement remains in force for at least 1 year following
725 improved performance in that school.
726 (III) Certification and teaching in critical teacher
727 shortage areas. Statewide critical teacher shortage areas shall
728 be identified by the State Board of Education under s. 1012.07.
729 However, the district school board may identify other areas of
730 critical shortage within the school district for purposes of
731 this sub-sub-subparagraph and may remove areas identified by the
732 state board which do not apply within the school district.
733 (IV) Assignment of additional academic responsibilities.
734
735 If budget constraints in any given year limit a district school
736 board’s ability to fully fund all adopted salary schedules, the
737 performance salary schedule shall not be reduced on the basis of
738 total cost or the value of individual awards in a manner that is
739 proportionally greater than reductions to any other salary
740 schedules adopted by the district. Any compensation for
741 longevity of service awarded to instructional personnel who are
742 on any other salary schedule must be included in calculating the
743 salary adjustments required by sub-subparagraph b.
744 (3)(a) Collective bargaining.—Notwithstanding provisions of
745 chapter 447 related to district school board collective
746 bargaining, collective bargaining may not preclude a district
747 school board from carrying out its constitutional and statutory
748 duties related to the following:
749 1. Providing incentives to effective and highly effective
750 teachers.
751 2. Implementing intervention and support strategies under
752 s. 1008.33 to address the causes of low student performance and
753 improve student academic performance and attendance.
754 3. Implementing student discipline provisions required by
755 law, including a review of a student’s abilities, past
756 performance, behavior, and needs.
757 4. Implementing school safety plans and requirements.
758 5. Implementing staff and student recognition programs.
759 6. Distributing correspondence to parents, teachers, and
760 community members related to the daily operation of schools and
761 the district.
762 7. Providing any required notice or copies of information
763 related to the district school board or district operations
764 which is readily available on the school district’s website.
765 8. The school district’s calendar.
766 (b) Appearances before the board.—If a district school
767 superintendent appears before the state board to provide an
768 update under s. 1011.62(14)(e), the state board must require
769 that the president of the collective bargaining unit that
770 represents the school district also must appear.
771 Section 21. Paragraph (e) of subsection (3) of section
772 1012.56, Florida Statutes, is amended, and paragraph (g) is
773 added to subsection (7) of that section, to read:
774 1012.56 Educator certification requirements.—
775 (3) MASTERY OF GENERAL KNOWLEDGE.—Acceptable means of
776 demonstrating mastery of general knowledge are:
777 (e) Achievement of passing scores, identified in state
778 board rule, on national or international examinations that test
779 comparable content and relevant standards in verbal, analytical
780 writing, and quantitative reasoning skills, including, but not
781 limited to, the verbal, analytical writing, and quantitative
782 reasoning portions of the Graduate Record Examination and the
783 SAT, ACT, and Classic Learning Test. Passing scores identified
784 in state board rule must be at approximately the same level of
785 rigor as is required to pass the general knowledge examinations;
786 or
787
788 A school district that employs an individual who does not
789 achieve passing scores on any subtest of the general knowledge
790 examination must provide information regarding the availability
791 of state-level and district-level supports and instruction to
792 assist him or her in achieving a passing score. Such information
793 must include, but need not be limited to, state-level test
794 information guides, school district test preparation resources,
795 and preparation courses offered by state universities and
796 Florida College System institutions. The requirement of mastery
797 of general knowledge shall be waived for an individual who has
798 been provided 3 years of supports and instruction and who has
799 been rated effective or highly effective under s. 1012.34 for
800 each of the last 3 years.
801 (7) TYPES AND TERMS OF CERTIFICATION.—
802 (g) A certificateholder may request that her or his
803 certificate be placed in an inactive status. A certificate that
804 has been inactive may be reactivated upon application to the
805 department. The department shall prescribe, by rule,
806 professional learning requirements as a condition of
807 reactivating a certificate that has been inactive for more than
808 1 year.
809
810 At least 1 year before an individual’s temporary certificate is
811 set to expire, the department shall electronically notify the
812 individual of the date on which his or her certificate will
813 expire and provide a list of each method by which the
814 qualifications for a professional certificate can be completed.
815 Section 22. Subsections (1) and (2) and paragraph (a) of
816 subsection (4) of section 1012.2315, Florida Statutes, are
817 amended to read:
818 1012.2315 Assignment of teachers.—
819 (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
820 disparities between teachers assigned to teach in a majority of
821 schools that do not need improvement and schools that do need
822 improvement pursuant to s. 1008.33. The disparities may be found
823 in the assignment of inexperienced temporarily certified
824 teachers, teachers in need of improvement, and out-of-field
825 teachers and in the performance of the students. It is the
826 intent of the Legislature that district school boards have
827 flexibility through the collective bargaining process to assign
828 teachers more equitably across the schools in the district.
829 (2) ASSIGNMENT TO SCHOOLS GRADED “D” OR “F”.—
830 (a) A school district may not assign a higher percentage
831 than the school district average of inexperienced temporarily
832 certified teachers, teachers in need of improvement, or out-of
833 field teachers to schools graded “D” or “F” pursuant to s.
834 1008.34. As used in this section, the term “inexperienced
835 teacher” means a teacher who has been teaching for 3 years or
836 less.
837 (b)1. A school district may assign an individual newly
838 hired as instructional personnel to a school that has earned a
839 grade of “F” in the previous year or any combination of three
840 consecutive grades of “D” or “F” in the previous 3 years
841 pursuant to s. 1008.34 if the individual:
842 a. Has received an effective rating or highly effective
843 rating in the immediate prior year’s performance evaluation
844 pursuant to s. 1012.34;
845 b. Has successfully completed or is enrolled in a teacher
846 preparation program pursuant to s. 1004.04, s. 1004.85, or s.
847 1012.56, or a teacher preparation program specified in State
848 Board of Education rule, is provided with high quality mentoring
849 during the first 2 years of employment, holds a certificate
850 issued pursuant to s. 1012.56, and holds a probationary contract
851 pursuant to s. 1012.335(2)(a); or
852 c. Holds a probationary contract pursuant to s.
853 1012.335(2)(a), holds a certificate issued pursuant to s.
854 1012.56, and has successful teaching experience, and if, in the
855 judgment of the school principal, students would benefit from
856 the placement of that individual.
857 2. As used in this paragraph, the term “mentoring” includes
858 the use of student achievement data combined with at least
859 monthly observations to improve the educator’s effectiveness in
860 improving student outcomes. Mentoring may be provided by a
861 school district, a teacher preparation program approved pursuant
862 to s. 1004.04, s. 1004.85, or s. 1012.56, or a teacher
863 preparation program specified in State Board of Education rule.
864
865 Each school district shall annually certify to the Commissioner
866 of Education that the requirements in this subsection have been
867 met. If the commissioner determines that a school district is
868 not in compliance with this subsection, the State Board of
869 Education must shall be notified and must shall take action
870 pursuant to s. 1008.32 in the next regularly scheduled meeting
871 to require compliance.
872 (4) COLLECTIVE BARGAINING.—
873 (a) Notwithstanding provisions of chapter 447 relating to
874 district school board collective bargaining, collective
875 bargaining provisions may not preclude a school district from
876 providing incentives, including from federal funds, to high
877 quality teachers and assigning such teachers to low-performing
878 schools.
879 Section 23. Paragraphs (a), (b), and (c) of subsection (2)
880 and paragraph (a) of subsection (3) of section 1012.555, Florida
881 Statutes, are amended to read:
882 1012.555 Teacher Apprenticeship Program.—
883 (2)(a) An individual must meet the following minimum
884 eligibility requirements to participate in the apprenticeship
885 program:
886 1. Have received an associate degree from an accredited
887 postsecondary institution.
888 2. Have earned a cumulative grade point average of 2.5 3.0
889 in that degree program.
890 3. Have successfully passed a background screening as
891 provided in s. 1012.32.
892 4. Have received a temporary apprenticeship certificate as
893 provided in s. 1012.56(7)(d).
894 (b) As a condition of participating in the program, an
895 apprentice teacher must commit to spending at least the first 2
896 years in the classroom of a mentor teacher using team teaching
897 strategies identified in s. 1003.03(5)(b) and fulfilling the on
898 the-job training component of the registered apprenticeship and
899 its associated standards.
900 (c) An apprentice teacher must do both of the following:
901 1. Complete at least 2 years in an apprenticeship before
902 being eligible to apply for a professional certificate
903 established in s. 1012.56(7)(a). Completion of the Teacher
904 Apprenticeship Program does not exempt an apprentice teacher
905 from the requirements of s. 1012.56(2)(c).
906 2. Receive related instruction as provided in s. 446.051.
907 (3) A teacher who serves as a mentor in the apprenticeship
908 program shall mentor his or her apprentice teacher using team
909 teaching strategies and must, at a minimum, meet all of the
910 following requirements:
911 (a) Have at least 5 7 years of teaching experience in this
912 state.
913 Section 24. Subsection (4) of section 1012.57, Florida
914 Statutes, is amended to read:
915 1012.57 Certification of adjunct educators.—
916 (4) Each adjunct teaching certificate is valid through the
917 term of the annual contract between the educator and the school
918 district or charter school. An additional annual certification
919 and an additional annual contract may be awarded by the district
920 or charter school at the district’s or charter school’s
921 discretion but only if the applicant is rated effective or
922 highly effective under s. 1012.34 during each year of teaching
923 under adjunct teaching certification. A school district and
924 charter school may issue an adjunct teaching certificate for a
925 part-time or full-time teaching position; however, an adjunct
926 teaching certificate issued for a full-time teaching position is
927 valid for no more than 5 years and is nonrenewable.
928 Section 25. Section 1012.575, Florida Statutes, is amended
929 to read:
930 1012.575 Alternative preparation programs for certified
931 teachers to add additional coverage.—A district school board, or
932 an organization of private schools, or a consortium of charter
933 schools with an approved professional learning system as
934 described in s. 1012.98(7), or the Florida Institute for Charter
935 School Innovation may design alternative teacher preparation
936 programs to enable persons already certificated to add an
937 additional coverage to their certificates. Each alternative
938 teacher preparation program shall be reviewed and approved by
939 the Department of Education to ensure assure that persons who
940 complete the program are competent in the necessary areas of
941 subject matter specialization. Two or more school districts may
942 jointly participate in an alternative preparation program for
943 teachers.
944 Section 26. Subsection (4) is added to section 1012.59,
945 Florida Statutes, to read:
946 1012.59 Certification fees.—
947 (4) The State Board of Education shall waive initial
948 subject area examination fees and certification fees for a
949 teacher who holds a temporary or professional certificate in:
950 (a) Exceptional Student Education K–12 and who applies to
951 add a subject coverage in Elementary Education K–6.
952 (b) Elementary Education K–6 and who applies to add a
953 subject coverage in Exceptional Student Education K–12.
954 Section 27. No later than December 1, 2024, the
955 Commissioner of Education shall make recommendations to the
956 Governor and the Legislature on policy and funding changes to
957 enhance the development and retention of exceptional student
958 education instructional personnel. In developing the
959 recommendations, the commissioner shall consider, but is not
960 limited to, all of the following:
961 (1) Alternative certification in place of the Elementary
962 Education K-6 certificate as an add-on for personnel certified
963 in exceptional student education.
964 (2) Financial incentives, including stipends for teacher
965 education students, loan forgiveness, and instructional
966 personnel salary adjustments and supplements.
967 (3) Strategies to encourage high school students to
968 consider exceptional student education, including through
969 preapprenticeships and dual enrollment.
970 (4) Funding under the Florida Education Finance Program to
971 support school district exceptional student education personnel
972 and programs.
973 (5) Innovative staffing, including teacher mentoring and
974 supports for certified personnel responsibilities for case
975 management and for instruction.
976 Section 28. Section 1012.72, Florida Statutes, is repealed.
977 Section 29. Section 1012.86, Florida Statutes, is repealed.
978 Section 30. Paragraph (b) of subsection (5) and subsection
979 (7) of section 1012.98, Florida Statutes, are amended to read:
980 1012.98 School Community Professional Learning Act.—
981 (5) The Department of Education, school districts, schools,
982 Florida College System institutions, and state universities
983 share the responsibilities described in this section. These
984 responsibilities include the following:
985 (b) Each school district shall develop a professional
986 learning system as specified in subsection (4). The system shall
987 be developed in consultation with teachers, teacher-educators of
988 Florida College System institutions and state universities,
989 business and community representatives, and local education
990 foundations, consortia, and professional organizations. The
991 professional learning system must:
992 1. Be reviewed and approved by the department for
993 compliance with s. 1003.42(3) and this section. Effective March
994 1, 2024, the department shall establish a calendar for the
995 review and approval of all professional learning systems. A
996 professional learning system must be reviewed and approved every
997 5 years. Any substantial revisions to the system must shall be
998 submitted to the department for review and approval. The
999 department shall establish a format for the review and approval
1000 of a professional learning system.
1001 2. Be based on analyses of student achievement data and
1002 instructional strategies and methods that support rigorous,
1003 relevant, and challenging curricula for all students. Schools
1004 and districts, in developing and refining the professional
1005 learning system, shall also review and monitor school discipline
1006 data; school environment surveys; assessments of parental
1007 satisfaction; performance appraisal data of teachers, managers,
1008 and administrative personnel; and other performance indicators
1009 to identify school and student needs that can be met by improved
1010 professional performance.
1011 3. Provide inservice activities coupled with followup
1012 support appropriate to accomplish district-level and school
1013 level improvement goals and standards. The inservice activities
1014 for instructional and school administrative personnel shall
1015 focus on analysis of student achievement data, ongoing formal
1016 and informal assessments of student achievement, identification
1017 and use of enhanced and differentiated instructional strategies
1018 that emphasize rigor, relevance, and reading in the content
1019 areas, enhancement of subject content expertise, integrated use
1020 of classroom technology that enhances teaching and learning,
1021 classroom management, parent involvement, and school safety.
1022 4. Provide inservice activities and support targeted to the
1023 individual needs of new teachers participating in the
1024 professional learning certification and education competency
1025 program under s. 1012.56(8)(a).
1026 5. Include a professional learning catalog for inservice
1027 activities, pursuant to rules of the State Board of Education,
1028 for all district employees from all fund sources. The catalog
1029 must shall be updated annually by September 1, must be based on
1030 input from teachers and district and school instructional
1031 leaders, and must use the latest available student achievement
1032 data and research to enhance rigor and relevance in the
1033 classroom. Each district inservice catalog must be aligned to
1034 and support the school-based inservice catalog and school
1035 improvement plans pursuant to s. 1001.42(18). Each district
1036 inservice catalog must provide a description of the training
1037 that middle grades instructional personnel and school
1038 administrators receive on the district’s code of student conduct
1039 adopted pursuant to s. 1006.07; integrated digital instruction
1040 and competency-based instruction and CAPE Digital Tool
1041 certificates and CAPE industry certifications; classroom
1042 management; student behavior and interaction; extended learning
1043 opportunities for students; and instructional leadership.
1044 District plans must be approved by the district school board
1045 annually in order to ensure compliance with subsection (1) and
1046 to allow for dissemination of research-based best practices to
1047 other districts. District school boards shall must submit
1048 verification of their approval to the Commissioner of Education
1049 no later than October 1, annually. Each school principal may
1050 establish and maintain an individual professional learning plan
1051 for each instructional employee assigned to the school as a
1052 seamless component to the school improvement plans developed
1053 pursuant to s. 1001.42(18). An individual professional learning
1054 plan must be related to specific performance data for the
1055 students to whom the teacher is assigned, define the inservice
1056 objectives and specific measurable improvements expected in
1057 student performance as a result of the inservice activity, and
1058 include an evaluation component that determines the
1059 effectiveness of the professional learning plan.
1060 6. Include inservice activities for school administrative
1061 personnel, aligned to the state’s educational leadership
1062 standards, which that address updated skills necessary for
1063 instructional leadership and effective school management
1064 pursuant to s. 1012.986.
1065 7. Provide for systematic consultation with regional and
1066 state personnel designated to provide technical assistance and
1067 evaluation of local professional learning programs.
1068 8. Provide for delivery of professional learning by
1069 distance learning and other technology-based delivery systems to
1070 reach more educators at lower costs.
1071 9. Provide for the continuous evaluation of the quality and
1072 effectiveness of professional learning programs in order to
1073 eliminate ineffective programs and strategies and to expand
1074 effective ones. Evaluations must consider the impact of such
1075 activities on the performance of participating educators and
1076 their students’ achievement and behavior.
1077 10. For all grades, emphasize:
1078 a. Interdisciplinary planning, collaboration, and
1079 instruction.
1080 b. Alignment of curriculum and instructional materials to
1081 the state academic standards adopted pursuant to s. 1003.41.
1082 c. Use of small learning communities; problem-solving,
1083 inquiry-driven research and analytical approaches for students;
1084 strategies and tools based on student needs; competency-based
1085 instruction; integrated digital instruction; and project-based
1086 instruction.
1087
1088 Each school that includes any of grades 6, 7, or 8 shall must
1089 include in its school improvement plan, required under s.
1090 1001.42(18), a description of the specific strategies used by
1091 the school to implement each item listed in this subparagraph.
1092 11. Provide training to reading coaches, classroom
1093 teachers, and school administrators in effective methods of
1094 identifying characteristics of conditions such as dyslexia and
1095 other causes of diminished phonological processing skills;
1096 incorporating instructional techniques into the general
1097 education setting which are proven to improve reading
1098 performance for all students; and using predictive and other
1099 data to make instructional decisions based on individual student
1100 needs. The training must help teachers integrate phonemic
1101 awareness; phonics, word study, and spelling; reading fluency;
1102 vocabulary, including academic vocabulary; and text
1103 comprehension strategies into an explicit, systematic, and
1104 sequential approach to reading instruction, including
1105 multisensory intervention strategies. Such training for teaching
1106 foundational skills must shall be based on the science of
1107 reading and include phonics instruction for decoding and
1108 encoding as the primary instructional strategy for word reading.
1109 Instructional strategies included in the training may not employ
1110 the three-cueing system model of reading or visual memory as a
1111 basis for teaching word reading. Such instructional strategies
1112 may include visual information and strategies which improve
1113 background and experiential knowledge, add context, and increase
1114 oral language and vocabulary to support comprehension, but may
1115 not be used to teach word reading. Each district must provide
1116 all elementary grades instructional personnel access to training
1117 sufficient to meet the requirements of s. 1012.585(3)(f).
1118 (7) An organization of private schools or a consortium of
1119 charter schools that has at least which has no fewer than 10
1120 member schools in this state, that which publishes and files
1121 with the Department of Education copies of its standards, and
1122 the member schools of which comply with the provisions of part
1123 II of chapter 1003, relating to compulsory school attendance;,
1124 or a public or private college or university with a teacher
1125 preparation program approved pursuant to s. 1004.04; or the
1126 Florida Institute for Charter School Innovation, may also
1127 develop a professional learning system that includes a
1128 professional learning catalog for inservice activities. The
1129 system and inservice catalog must be submitted to the
1130 commissioner for approval pursuant to state board rules.
1131 Section 31. Section 1013.15, Florida Statutes, is amended
1132 to read:
1133 1013.15 Lease, rental, and lease-purchase of educational
1134 plants, ancillary plants, and auxiliary facilities and sites.—
1135 (1) A board may lease any land, facilities, or educational
1136 plants owned by it to any person or entity for such term, for
1137 such rent, and upon such terms and conditions as the board
1138 determines to be in its best interests; any such lease may
1139 provide for the optional or binding purchase of the land,
1140 facilities, or educational plants by the lessee upon such terms
1141 and conditions as the board determines are in its best
1142 interests. A determination that any such land, facility, or
1143 educational plant so leased is unnecessary for educational
1144 purposes is not a prerequisite to the leasing or lease-purchase
1145 of such land, facility, or educational plant. Before Prior to
1146 entering into or executing any such lease, a board shall
1147 consider approval of the lease or lease-purchase agreement at a
1148 public meeting, at which a copy of the proposed agreement in its
1149 final form shall be available for inspection and review by the
1150 public, after due notice as required by law.
1151 (2)(a) A district school board may rent or lease
1152 educational plants, ancillary plants, and auxiliary facilities
1153 and sites as defined in s. 1013.01. Educational plants,
1154 ancillary plants, and auxiliary facilities and sites rented or
1155 leased for 1 year or less shall be funded through the operations
1156 budget or funds derived from millage proceeds pursuant to s.
1157 1011.71(2). A lease contract for 1 year or less, when extended
1158 or renewed beyond a year, becomes a multiple-year lease.
1159 Operational funds or funds derived from millage proceeds
1160 pursuant to s. 1011.71(2) may be authorized to be expended for
1161 multiple-year leases. All leased educational plants, ancillary
1162 plants, and auxiliary facilities and sites must be inspected
1163 before prior to occupancy by the authority having jurisdiction.
1164 1. All newly leased spaces must be inspected and brought
1165 into compliance with the Florida Building Code pursuant to
1166 chapter 553 and the life safety codes pursuant to chapter 633,
1167 before prior to occupancy, using the board’s operations budget
1168 or funds derived from millage proceeds pursuant to s.
1169 1011.71(2).
1170 2. Plans for renovation or remodeling of leased space shall
1171 conform to the Florida Building Code and the Florida Fire
1172 Prevention Code for educational occupancies or other
1173 occupancies, as appropriate and as required in chapters 553 and
1174 633, before prior to occupancy.
1175 3. All leased facilities must be inspected annually for
1176 firesafety deficiencies in accordance with the applicable code
1177 and have corrections made in accordance with s. 1013.12.
1178 Operational funds or funds derived from millage proceeds
1179 pursuant to s. 1011.71(2) may be used to correct deficiencies in
1180 leased space.
1181 4. When the board declares that a public emergency exists,
1182 it may take up to 30 days to bring the leased facility into
1183 compliance with the requirements of State Board of Education
1184 rules.
1185 (b) A board is authorized to lease-purchase educational
1186 plants, ancillary plants, and auxiliary facilities and sites as
1187 defined in s. 1013.01, and a district school board is authorized
1188 to lease-purchase educational plants, ancillary plants, and
1189 auxiliary facilities and sites. The lease-purchase of
1190 educational plants, ancillary plants, and auxiliary facilities
1191 and sites must, where applicable, comply with shall be as
1192 required by s. 1013.37, subject to the authorization in s.
1193 1013.385 to exempt certain facilities from the requirements of
1194 that section; must shall be advertised for and receive
1195 competitive proposals and be awarded to the best proposer;, and
1196 must shall be funded using current or other funds specifically
1197 authorized by law to be used for such purpose.
1198 1. A district school board, by itself, or through a direct
1199 support organization formed pursuant to s. 1001.453 or nonprofit
1200 educational organization or a consortium of district school
1201 boards, may, in developing a lease-purchase of educational
1202 plants, ancillary plants, and auxiliary facilities and sites
1203 provide for separately advertising for and receiving competitive
1204 bids or proposals on the construction of facilities and the
1205 selection of financing to provide the lowest cost funding
1206 available, so long as the board determines that such process
1207 would best serve the public interest and the available pledged
1208 revenues are limited to those authorized in s. 1011.71(2) s.
1209 1011.71(2)(e).
1210 2. All activities and information, including lists of
1211 individual participants, associated with agreements made
1212 pursuant to this section shall be subject to the provisions of
1213 chapter 119 and s. 286.011.
1214 (c)1. The term of any lease-purchase agreement, including
1215 the initial term and any subsequent renewals, shall not exceed
1216 the useful life of the educational facilities and sites for
1217 which the agreement is made, or 30 years, whichever is less.
1218 2. The initial term or any renewal term of any lease
1219 purchase agreement shall expire on June 30 of each fiscal year,
1220 but may be automatically renewed annually, subject to a board
1221 making sufficient annual appropriations therefor. Under no
1222 circumstances shall the failure of a board to renew a lease
1223 purchase agreement constitute a default or require payment of
1224 any penalty or in any way limit the right of a board to purchase
1225 or utilize educational plants, ancillary plants, and auxiliary
1226 facilities and sites similar in function to the educational
1227 plants, ancillary plants, and auxiliary facilities and sites
1228 that are the subject of the said lease-purchase agreement.
1229 Educational plants, ancillary plants, and auxiliary facilities
1230 and sites being acquired pursuant to a lease-purchase agreement
1231 shall be exempt from ad valorem taxation.
1232 3. No lease-purchase agreement entered into pursuant to
1233 this subsection shall constitute a debt, liability, or
1234 obligation of the state or a board or shall be a pledge of the
1235 faith and credit of the state or a board.
1236 4. Any lease-purchase agreement entered into pursuant to
1237 this subsection shall stipulate an annual rate which may consist
1238 of a principal component and an interest component, provided
1239 that the maximum interest rate of any interest component payable
1240 under any such lease-purchase agreement, or any participation or
1241 certificated portion thereof, shall be calculated in accordance
1242 with and be governed by the provisions of s. 215.84.
1243 (3) Lease or lease-purchase agreements entered into by
1244 university boards of trustees shall comply with the provisions
1245 of ss. 1013.171 and 1010.62.
1246 (4)(a) A board may rent or lease existing buildings, or
1247 space within existing buildings, originally constructed or used
1248 for purposes other than education, for conversion to use as
1249 educational facilities. Such buildings rented or leased for 1
1250 year or less shall be funded through the operations budget or
1251 funds derived from millage pursuant to s. 1011.71(2). A rental
1252 agreement or lease contract for 1 year or less, when extended or
1253 renewed beyond a year, becomes a multiple-year rental or lease.
1254 Operational funds or funds derived from millage proceeds
1255 pursuant to s. 1011.71(2) may be authorized to be expended for
1256 multiple-year rentals or leases. Notwithstanding any other
1257 provisions of this section, if a building was constructed in
1258 conformance with all applicable building and life safety codes,
1259 it shall be deemed to meet the requirements for use and
1260 occupancy as an educational facility subject only to the
1261 provisions of this subsection.
1262 (b) Before Prior to occupying a rented or a leased existing
1263 building, or space within an existing building, pursuant to this
1264 subsection, a school board shall, in a public meeting, adopt a
1265 resolution certifying that the following circumstances apply to
1266 the building proposed for occupancy:
1267 1. Growth among the school-age population in the school
1268 district has created a need for new educational facilities in a
1269 neighborhood where there is little or no vacant land.
1270 2. There exists a supply of vacant space in existing
1271 buildings that meet state minimum building and life safety
1272 codes.
1273 3. Acquisition and conversion to use as educational
1274 facilities of an existing building or buildings is a cost-saving
1275 means of providing the needed classroom space as determined by
1276 the difference between the cost of new construction, including
1277 land acquisition and preparation and, if applicable, demolition
1278 of existing structures, and the cost of acquisition through
1279 rental or lease and conversion of an existing building or
1280 buildings.
1281 4. The building has been examined for suitability, safety,
1282 and conformance with state minimum building and life safety
1283 codes. The building examination shall consist, at a minimum, of
1284 a review of existing documents, building site reconnaissance,
1285 and analysis of the building conducted by, or under the
1286 responsible charge of, a licensed structural engineer.
1287 5. A certificate of evaluation has been issued by an
1288 appropriately licensed design professional which states that,
1289 based on available documents, building site reconnaissance,
1290 current knowledge, and design judgment in the professional’s
1291 opinion, the building meets the requirements of state minimum
1292 building and life safety codes, provides safe egress of
1293 occupants from the building, provides adequate firesafety, and
1294 does not pose a substantial threat to life to persons who would
1295 occupy the building for classroom use.
1296 6. The plans for conversion of the building were prepared
1297 by an appropriate design professional licensed in this state and
1298 the work of conversion was performed by contractors licensed in
1299 this state.
1300 7. The conversion of the building was observed by an
1301 appropriate design professional licensed in this state.
1302 8. The building has been reviewed, inspected, and granted a
1303 certificate of occupancy by the local building department.
1304 9. All ceilings, light fixtures, ducts, and registers
1305 within the area to be occupied for classroom purposes were
1306 constructed or have been reconstructed to meet state minimum
1307 requirements.
1308 Section 32. Subsection (1) of section 1013.16, Florida
1309 Statutes, is amended to read:
1310 1013.16 Construction of facilities on leased property;
1311 conditions.—
1312 (1) A board may construct or place educational facilities
1313 and ancillary facilities on land that is owned by any person
1314 after the board has acquired from the owner of the land a long
1315 term lease for the use of this land for a period of not less
1316 than 40 years or the life expectancy of the permanent facilities
1317 constructed thereon, whichever is longer.
1318 Section 33. Subsection (1) of section 1013.20, Florida
1319 Statutes, is amended to read:
1320 1013.20 Standards for relocatables used as classroom space;
1321 inspections.—
1322 (1) The State Board of Education shall adopt rules
1323 establishing standards for relocatables intended for long-term
1324 use as classroom space at a public elementary school, middle
1325 school, or high school. “Long-term use” means the use of
1326 relocatables at the same educational plant for a period of 4
1327 years or more. Each relocatable acquired by a district school
1328 board after the effective date of the rules and intended for
1329 long-term use must comply with the standards. District school
1330 boards shall submit a plan for the use of existing relocatables
1331 within the 5-year work program to be reviewed and approved by
1332 the commissioner by January 1, 2003. A progress report shall be
1333 provided by the commissioner to the Speaker of the House of
1334 Representatives and the President of the Senate each January
1335 thereafter. Relocatables that fail to meet the standards after
1336 completion of the approved plan may not be used as classrooms.
1337 The standards shall protect the health, safety, and welfare of
1338 occupants by requiring compliance with the Florida Building Code
1339 or the State Requirements for Educational Facilities for
1340 existing relocatables, as applicable, to ensure the safety and
1341 stability of construction and onsite installation; fire and
1342 moisture protection; air quality and ventilation; appropriate
1343 wind resistance; and compliance with the requirements of the
1344 Americans with Disabilities Act of 1990. If appropriate and
1345 where relocatables are not scheduled for replacement, the
1346 standards must also require relocatables to provide access to
1347 the same technologies available to similar classrooms within the
1348 main school facility and, if appropriate, and where relocatables
1349 are not scheduled for replacement, to be accessible by adequate
1350 covered walkways. A relocatable that is subject to this section
1351 and does not meet the standards shall not be reported as
1352 providing satisfactory student stations in the Florida Inventory
1353 of School Houses.
1354 Section 34. Section 1013.21, Florida Statutes, is repealed.
1355 Section 35. Section 1013.31, Florida Statutes, is amended
1356 to read:
1357 1013.31 Educational plant survey; localized need
1358 assessment; PECO project funding.—
1359 (1) At least every 5 years, each Florida College System
1360 institution and state university board shall arrange for an
1361 educational plant survey, to aid in formulating plans for
1362 housing the educational program and student population, faculty,
1363 administrators, staff, and auxiliary and ancillary services of
1364 the district or campus, including consideration of the local
1365 comprehensive plan. The Department of Education shall document
1366 the need for additional career and adult education programs and
1367 the continuation of existing programs before facility
1368 construction or renovation related to career or adult education
1369 may be included in the educational plant survey of a school
1370 district or Florida College System institution that delivers
1371 career or adult education programs. Information used by the
1372 Department of Education to establish facility needs must
1373 include, but need not be limited to, labor market data, needs
1374 analysis, and information submitted by the school district or
1375 Florida College System institution.
1376 (a) Educational plant survey and localized need assessment
1377 for capital outlay purposes.—A survey recommendation is not
1378 required when a district uses funds from the following sources
1379 for educational, auxiliary, and ancillary plant capital outlay
1380 purposes:
1381 1. The local capital outlay improvement fund, consisting of
1382 funds that come from and are a part of the district’s basic
1383 operating budget;
1384 2. A taxpayer-approved bond referendum, to fund
1385 construction of an educational, auxiliary, or ancillary plant
1386 facility;
1387 3. One-half cent sales surtax revenue;
1388 4. One cent local governmental surtax revenue;
1389 5. Impact fees;
1390 6. Private gifts or donations; and
1391 7. The district school tax levied pursuant to s.
1392 1011.71(2).
1393 (a)(b) Survey preparation and required data.—Each survey
1394 must shall be conducted by the Florida College System
1395 institution or state university board or an agency employed by
1396 the board. Surveys must shall be reviewed and approved by the
1397 board, and a file copy must shall be submitted to the Department
1398 of Education or the Chancellor of the State University System,
1399 as appropriate. The survey report must shall include at least an
1400 inventory of existing educational and ancillary plants,
1401 including safe access facilities; recommendations for existing
1402 educational and ancillary plants; recommendations for new
1403 educational or ancillary plants, including the general location
1404 of each in coordination with the land use plan and safe access
1405 facilities; campus master plan update and detail for Florida
1406 College System institutions; the utilization of school plants
1407 based on an extended school day or year-round operation; and
1408 such other information as may be required by the Department of
1409 Education. This report may be amended, if conditions warrant, at
1410 the request of the department or commissioner.
1411 (b)(c) Required need assessment criteria for district,
1412 Florida College System institution, state university, and
1413 Florida School for the Deaf and the Blind plant surveys.
1414 Educational plant surveys must use uniform data sources and
1415 criteria specified in this paragraph. Each revised educational
1416 plant survey and each new educational plant survey supersedes
1417 previous surveys.
1418 1. The school district’s survey must be submitted as a part
1419 of the district educational facilities plan defined in s.
1420 1013.35. To ensure that the data reported to the Department of
1421 Education as required by this section is correct, the department
1422 shall annually conduct an onsite review of 5 percent of the
1423 facilities reported for each school district completing a new
1424 survey that year. If the department’s review finds the data
1425 reported by a district is less than 95 percent accurate, within
1426 1 year from the time of notification by the department the
1427 district must submit revised reports correcting its data. If a
1428 district fails to correct its reports, the commissioner may
1429 direct that future fixed capital outlay funds be withheld until
1430 such time as the district has corrected its reports so that they
1431 are not less than 95 percent accurate.
1432 1.2. Each survey of a special facility, joint-use facility,
1433 or cooperative career education facility must be based on
1434 capital outlay full-time equivalent student enrollment data
1435 prepared by the department for school districts and Florida
1436 College System institutions and by the Chancellor of the State
1437 University System for universities. A survey of space needs of a
1438 joint-use facility shall be based upon the respective space
1439 needs of the school districts, Florida College System
1440 institutions, and universities, as appropriate. Projections of a
1441 school district’s facility space needs may not exceed the norm
1442 space and occupant design criteria established by the State
1443 Requirements for Educational Facilities.
1444 2.3. Each Florida College System institution’s survey must
1445 reflect the capacity of existing facilities as specified in the
1446 inventory maintained by the Department of Education. Projections
1447 of facility space needs must comply with standards for
1448 determining space needs as specified by rule of the State Board
1449 of Education. The 5-year projection of capital outlay student
1450 enrollment must be consistent with the annual report of capital
1451 outlay full-time student enrollment prepared by the Department
1452 of Education.
1453 3.4. Each state university’s survey must reflect the
1454 capacity of existing facilities as specified in the inventory
1455 maintained and validated by the Chancellor of the State
1456 University System. Projections of facility space needs must be
1457 consistent with standards for determining space needs as
1458 specified by regulation of the Board of Governors. The projected
1459 capital outlay full-time equivalent student enrollment must be
1460 consistent with the 5-year planned enrollment cycle for the
1461 State University System approved by the Board of Governors.
1462 4.5. The district educational facilities plan of a school
1463 district and the educational plant survey of a Florida College
1464 System institution, state university, or the Florida School for
1465 the Deaf and the Blind may include space needs that deviate from
1466 approved standards for determining space needs if the deviation
1467 is justified by the district or institution and approved by the
1468 department or the Board of Governors, as appropriate, as
1469 necessary for the delivery of an approved educational program.
1470 (c)(d) Review and validation.—The Department of Education
1471 shall review and validate the surveys of school districts and
1472 Florida College System institutions, and the Chancellor of the
1473 State University System shall review and validate the surveys of
1474 universities, and any amendments thereto for compliance with the
1475 requirements of this chapter and shall recommend those in
1476 compliance for approval by the State Board of Education or the
1477 Board of Governors, as appropriate. Annually, the department
1478 shall perform an in-depth analysis of a representative sample of
1479 each survey of recommended needs for five districts selected by
1480 the commissioner from among districts with the largest need-to
1481 revenue ratio. For the purpose of this subsection, the need-to
1482 revenue ratio is determined by dividing the total 5-year cost of
1483 projects listed on the district survey by the total 5-year fixed
1484 capital outlay revenue projections from state and local sources
1485 as determined by the department. The commissioner may condition
1486 the receipt of direct fixed capital outlay funds provided from
1487 general revenue or from state trust funds by district school
1488 boards to be withheld from districts until such time as the
1489 district school board submits a survey that accurately projects
1490 facilities needs as indicated by the Florida Inventory of School
1491 Houses, as compared with the district’s capital outlay full-time
1492 equivalent enrollment, as determined by the department.
1493 (d)(e) Periodic update of Florida Inventory of School
1494 Houses.—School districts shall periodically update their
1495 inventory of educational facilities as new capacity becomes
1496 available and as unsatisfactory space is eliminated. The State
1497 Board of Education shall adopt rules to determine the timeframe
1498 in which districts must provide a periodic update.
1499 (2) Only the district school superintendent, Florida
1500 College System institution president, or the university
1501 president shall certify to the Department of Education a
1502 project’s compliance with the requirements for expenditure of
1503 PECO funds prior to release of funds.
1504 (a) Upon request for release of PECO funds for planning
1505 purposes, certification must be made to the Department of
1506 Education that the need for and location of the facility are in
1507 compliance with the board-approved survey recommendations, that
1508 the project meets the definition of a PECO project and the
1509 limiting criteria for expenditures of PECO funding, and that the
1510 plan is consistent with the local government comprehensive plan.
1511 (b) Upon request for release of construction funds,
1512 certification must be made to the Department of Education that
1513 the need and location of the facility are in compliance with the
1514 board-approved survey recommendations, that the project meets
1515 the definition of a PECO project and the limiting criteria for
1516 expenditures of PECO funding, and that the construction
1517 documents meet the requirements of the Florida Building Code for
1518 educational facilities construction, subject to the
1519 authorization in s. 1013.385 to exempt certain facilities from
1520 the requirements of s. 1013.37, or other applicable codes as
1521 authorized in this chapter.
1522 Section 36. Section 1013.385, Florida Statutes, is amended
1523 to read:
1524 1013.385 School district construction flexibility.—
1525 (1) A district school board may, with a majority vote at a
1526 public meeting that begins no earlier than 5 p.m., adopt a
1527 resolution to implement one or more of the exceptions to the
1528 educational facilities construction requirements to provide a
1529 school with provided in this section.
1530 (2) A resolution adopted under this section may propose
1531 implementation of exceptions to requirements of the uniform
1532 statewide building code for the planning and construction of
1533 public educational and ancillary plants adopted pursuant to ss.
1534 553.73 and 1013.37 relating to:
1535 (a) Interior non-load-bearing walls, by approving the use
1536 of fire-rated wood stud walls in new construction or remodeling
1537 for interior non-load-bearing wall assemblies that will not be
1538 exposed to water or located in wet areas.
1539 (b) Walkways, roadways, driveways, and parking areas, by
1540 approving the use of designated, stabilized, and well-drained
1541 gravel or grassed student parking areas.
1542 (c) Standards for relocatables used as classroom space, as
1543 specified in s. 1013.20, by approving construction
1544 specifications for installation of relocatable buildings that do
1545 not have covered walkways leading to the permanent buildings
1546 onsite.
1547 (d) Site lighting, by approving construction specifications
1548 regarding site lighting that:
1549 1. Do not provide for lighting of gravel or grassed
1550 auxiliary or student parking areas.
1551 2. Provide lighting for walkways, roadways, driveways,
1552 paved parking lots, exterior stairs, ramps, and walkways from
1553 the exterior of the building to a public walkway through
1554 installation of a timer that is set to provide lighting only
1555 during periods when the site is occupied.
1556 3. Allow lighting for building entrances and exits to be
1557 installed with a timer that is set to provide lighting only
1558 during periods in which the building is occupied. The minimum
1559 illumination level at single-door exits may be reduced to no
1560 less than 1 foot-candle.
1561 (e) Any other provisions that limit the ability of a school
1562 to operate in a facility on the same basis as a charter school
1563 pursuant to s. 1002.33(18). When a hurricane evacuation shelter
1564 deficit, as determined by the Division of Emergency Management,
1565 in the regional planning council region in which the county is
1566 located makes public shelter design criteria applicable, any
1567 exceptions to the public shelter design criteria remain subject
1568 to the concurrence of the applicable local emergency management
1569 agency or the Division of Emergency Management. A district
1570 school board may not be required to build more emergency-shelter
1571 space than identified as needed in the statewide emergency
1572 shelter plan so long as the regional planning council determines
1573 that there is sufficient shelter capacity within the school
1574 district as documented in the Statewide Emergency Shelter Plan.
1575 Section 37. Paragraph (e) of subsection (1) of section
1576 1013.45, Florida Statutes, is amended to read:
1577 1013.45 Educational facilities contracting and construction
1578 techniques for school districts and Florida College System
1579 institutions.—
1580 (1) District school boards and boards of trustees of
1581 Florida College System institutions may employ procedures to
1582 contract for construction of new facilities, or for additions,
1583 remodeling, renovation, maintenance, or repairs to existing
1584 facilities, which include, but are not limited to:
1585 (e) Day-labor contracts not exceeding $600,000 $280,000 for
1586 construction, renovation, remodeling, or maintenance of existing
1587 facilities. This amount shall be adjusted annually based upon
1588 changes in the Consumer Price Index.
1589 Section 38. Section 1013.48, Florida Statutes, is amended
1590 to read:
1591 1013.48 Changes in construction requirements after award of
1592 contract.—The board may, at its option and by written policy
1593 duly adopted and entered in its official minutes, authorize the
1594 superintendent or president or other designated individual to
1595 approve change orders in the name of the board for
1596 preestablished amounts. Approvals must shall be for the purpose
1597 of expediting the work in progress and must shall be reported to
1598 the board and entered in its official minutes. For
1599 accountability, the school district shall monitor and report the
1600 impact of change orders on its district educational facilities
1601 plan pursuant to s. 1013.35.
1602 Section 39. Paragraph (e) of subsection (6) of section
1603 1013.64, Florida Statutes, is amended to read:
1604 1013.64 Funds for comprehensive educational plant needs;
1605 construction cost maximums for school district capital
1606 projects.—Allocations from the Public Education Capital Outlay
1607 and Debt Service Trust Fund to the various boards for capital
1608 outlay projects shall be determined as follows:
1609 (6)
1610 (e) Notwithstanding the requirements of this subsection, an
1611 unfinished construction project for new construction of
1612 educational plant space that was started on or before July 1,
1613 2028 2026, is exempt from the total cost per student station
1614 requirements established in paragraph (b).
1615 Section 40. Subsection (19) of section 1001.64, Florida
1616 Statutes, is amended to read:
1617 1001.64 Florida College System institution boards of
1618 trustees; powers and duties.—
1619 (19) Each board of trustees shall appoint, suspend, or
1620 remove the president of the Florida College System institution.
1621 The board of trustees may appoint a search committee. The board
1622 of trustees shall conduct annual evaluations of the president in
1623 accordance with rules of the State Board of Education and submit
1624 such evaluations to the State Board of Education for review. The
1625 evaluation must address the achievement of the performance goals
1626 established by the accountability process implemented pursuant
1627 to s. 1008.45 and the performance of the president in achieving
1628 the annual and long-term goals and objectives established in the
1629 Florida College System institution’s employment accountability
1630 program implemented pursuant to s. 1012.86.
1631 Section 41. Subsection (22) of section 1001.65, Florida
1632 Statutes, is amended to read:
1633 1001.65 Florida College System institution presidents;
1634 powers and duties.—The president is the chief executive officer
1635 of the Florida College System institution, shall be corporate
1636 secretary of the Florida College System institution board of
1637 trustees, and is responsible for the operation and
1638 administration of the Florida College System institution. Each
1639 Florida College System institution president shall:
1640 (22) Submit an annual employment accountability plan to the
1641 Department of Education pursuant to the provisions of s.
1642 1012.86.
1643 Section 42. Paragraph (i) of subsection (2) of section
1644 1003.621, Florida Statutes, is amended to read:
1645 1003.621 Academically high-performing school districts.—It
1646 is the intent of the Legislature to recognize and reward school
1647 districts that demonstrate the ability to consistently maintain
1648 or improve their high-performing status. The purpose of this
1649 section is to provide high-performing school districts with
1650 flexibility in meeting the specific requirements in statute and
1651 rules of the State Board of Education.
1652 (2) COMPLIANCE WITH STATUTES AND RULES.—Each academically
1653 high-performing school district shall comply with all of the
1654 provisions in chapters 1000-1013, and rules of the State Board
1655 of Education which implement these provisions, pertaining to the
1656 following:
1657 (i) Those statutes pertaining to educational facilities,
1658 including chapter 1013, except that s. 1013.20, relating to
1659 covered walkways for portables, and s. 1013.21, relating to the
1660 use of relocatable facilities that exceed 20 years of age, are
1661 eligible for exemption.
1662 Section 43. Paragraph (b) of subsection (3) of section
1663 1011.6202, Florida Statutes, is amended to read:
1664 1011.6202 Principal Autonomy Program Initiative.—The
1665 Principal Autonomy Program Initiative is created within the
1666 Department of Education. The purpose of the program is to
1667 provide a highly effective principal of a participating school
1668 with increased autonomy and authority to operate his or her
1669 school, as well as other schools, in a way that produces
1670 significant improvements in student achievement and school
1671 management while complying with constitutional requirements. The
1672 State Board of Education may, upon approval of a principal
1673 autonomy proposal, enter into a performance contract with the
1674 district school board for participation in the program.
1675 (3) EXEMPTION FROM LAWS.—
1676 (b) A participating school or a school operated by a
1677 principal pursuant to subsection (5) shall comply with the
1678 provisions of chapters 1000-1013, and rules of the state board
1679 that implement those provisions, pertaining to the following:
1680 1. Those laws relating to the election and compensation of
1681 district school board members, the election or appointment and
1682 compensation of district school superintendents, public meetings
1683 and public records requirements, financial disclosure, and
1684 conflicts of interest.
1685 2. Those laws relating to the student assessment program
1686 and school grading system, including chapter 1008.
1687 3. Those laws relating to the provision of services to
1688 students with disabilities.
1689 4. Those laws relating to civil rights, including s.
1690 1000.05, relating to discrimination.
1691 5. Those laws relating to student health, safety, and
1692 welfare.
1693 6. Section 1001.42(4)(f), relating to the uniform opening
1694 date for public schools.
1695 7. Section 1003.03, governing maximum class size, except
1696 that the calculation for compliance pursuant to s. 1003.03 is
1697 the average at the school level for a participating school.
1698 8. Sections 1012.22(1)(c) and 1012.27(2), relating to
1699 compensation and salary schedules.
1700 9. Section 1012.33(5), relating to workforce reductions for
1701 annual contracts for instructional personnel. This subparagraph
1702 does not apply to at-will employees.
1703 10. Section 1012.335, relating to annual contracts for
1704 instructional personnel hired on or after July 1, 2011. This
1705 subparagraph does not apply to at-will employees.
1706 11. Section 1012.34, relating to personnel evaluation
1707 procedures and criteria.
1708 12. Those laws pertaining to educational facilities,
1709 including chapter 1013, except that s. 1013.20, relating to
1710 covered walkways for relocatables, is and s. 1013.21, relating
1711 to the use of relocatable facilities exceeding 20 years of age,
1712 are eligible for exemption.
1713 13. Those laws pertaining to participating school
1714 districts, including this section and ss. 1011.69(2) and
1715 1012.28(8).
1716 Section 44. Paragraph (b) of subsection (1) of section
1717 1013.35, Florida Statutes, is amended to read:
1718 1013.35 School district educational facilities plan;
1719 definitions; preparation, adoption, and amendment; long-term
1720 work programs.—
1721 (1) DEFINITIONS.—As used in this section, the term:
1722 (b) “District facilities work program” means the 5-year
1723 listing of capital outlay projects adopted by the district
1724 school board as provided in subparagraph (2)(a)2. and paragraph
1725 (2)(b) as part of the district educational facilities plan,
1726 which is required in order to:
1727 1. Properly maintain the educational plant and ancillary
1728 facilities of the district.
1729 2. Provide an adequate number of satisfactory student
1730 stations for the projected student enrollment of the district in
1731 K-12 programs in accordance with the goal in s. 1013.21.
1732 Section 45. This act shall take effect July 1, 2024.