Senate Bill sb0020Ee1

CODING: Words stricken are deletions; words underlined are additions.




    SB 20-E                                  First Engrossed (ntc)



  1                      A bill to be entitled

  2         An act relating to education and matters

  3         connected therewith; creating the "Florida K-20

  4         Education Code"; creating ch. 1000, F.S.,

  5         entitled "K-20 General Provisions," consisting

  6         of part I relating to general provisions, part

  7         II relating to systemwide definitions, and part

  8         III relating to educational compacts; creating

  9         ch. 1001, F.S., entitled "K-20 Governance,"

10         consisting of part I relating to state-level

11         governance, part II relating to school district

12         governance, part III relating to community

13         colleges, and part IV relating to state

14         universities; creating ch. 1002, F.S., entitled

15         "Student and Parental Rights and Educational

16         Choices," consisting of part I relating to

17         general provisions, part II relating to student

18         and parental rights, part III relating to

19         educational choice, and part IV relating to

20         home education, private schools, and other

21         education options; creating ch. 1003, F.S.,

22         entitled "Public K-12 Education," consisting of

23         part I relating to general provisions, part II

24         relating to school attendance, part III

25         relating to control of students, part IV

26         relating to public K-12 educational

27         instruction, part V relating to specialized

28         instruction for certain public K-12 students,

29         and part VI relating to pilot public K-12

30         education programs; creating ch. 1004, F.S.,

31         entitled "Public Postsecondary Education,"


                                  1

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         consisting of part I relating to general

 2         provisions, part II relating to state

 3         universities, part III relating to community

 4         colleges, and part IV relating to workforce

 5         development education; creating ch. 1005, F.S.,

 6         entitled "Nonpublic Postsecondary Education,"

 7         consisting of part I relating to general

 8         provisions, part II relating to the Commission

 9         for Independent Education, and part III

10         relating to licensure of nonpublic

11         postsecondary educational institutions;

12         creating ch. 1006, F.S., entitled "Support for

13         Learning and Student Services," consisting of

14         part I relating to public K-12 education

15         support for learning and student services and

16         part II relating to postsecondary educational

17         institutions; creating ch. 1007, F.S., entitled

18         "Access and Articulation," consisting of part I

19         relating to general provisions, part II

20         relating to articulation, and part III relating

21         to access to postsecondary education; creating

22         ch. 1008, F.S., entitled "Assessment and

23         Accountability," consisting of part I relating

24         to assessment, part II relating to

25         accountability, and part III relating to the

26         Council for Education Policy Research and

27         Improvement; creating ch. 1009, F.S., entitled

28         "Educational Scholarships, Fees, and Financial

29         Assistance," consisting of part I relating to

30         general provisions, part II relating to

31         postsecondary student fees, part III relating


                                  2

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         to financial assistance, part IV relating to

 2         prepaid college board programs, and part V

 3         relating to the Florida higher education loan

 4         authority; creating ch. 1010, F.S.,  entitled

 5         "Financial Matters," consisting of part I

 6         relating to general accounting requirements,

 7         part II relating to financial reporting, part

 8         III relating to audit requirements and

 9         procedures, part IV relating to bonding, and

10         part V relating to trust funds; creating ch.

11         1011, F.S., entitled "Planning and Budgeting,"

12         consisting of part I relating to preparation,

13         adoption, and implementation of budgets, part

14         II relating to funding for school districts,

15         part III relating to funding for workforce

16         education, part IV relating to funding for

17         community colleges, and part V relating to

18         funding for state universities; creating ch.

19         1012, F.S., entitled "Personnel," consisting of

20         part I relating to general provisions, part II

21         relating to K-20 personnel issues, part III

22         relating to public schools personnel, part IV

23         relating to public postsecondary educational

24         institutions personnel, part V relating to

25         professional development, and part VI relating

26         to the interstate compact on qualifications of

27         educational personnel; creating ch. 1013, F.S.,

28         entitled "Educational Facilities," consisting

29         of part I relating to functions of the

30         Department of Education, part II relating to

31         use and management of educational facilities,


                                  3

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         part III relating to planning and construction

 2         of educational facilities, and part IV relating

 3         to funding for educational facilities;

 4         reenacting and amending s. 20.15, F.S.,

 5         relating to the Department of Education, to

 6         conform; amending ss. 11.061, 11.40, 11.45,

 7         23.1225, 24.121, 39.0015, 39.407, 61.13015,

 8         105.061, 110.1228, 110.123, 110.151, 110.181,

 9         110.205, 112.1915, 112.313, 120.52, 120.55,

10         120.81, 121.051, 121.091, 145.131, 145.19,

11         153.77, 159.27, 163.3177, 163.3191, 195.096,

12         196.012, 196.031, 196.1983, 200.001, 200.065,

13         200.069, 201.24, 210.20, 212.04, 212.0602,

14         212.08, 213.053, 215.20, 215.82, 216.181,

15         216.301, 218.39, 220.183, 222.22, 250.115,

16         255.0515, 255.0516, 265.2861, 265.603, 267.173,

17         267.1732, 282.005, 282.103, 282.105, 282.106,

18         282.3031, 282.3063, 282.310, 284.34, 285.18,

19         287.042, 287.055, 287.064, 288.039, 288.8175,

20         295.01, 295.015, 295.016, 295.017, 295.018,

21         295.019, 295.0195, 316.003, 316.027, 316.515,

22         316.6145, 316.615, 316.70, 316.72, 318.12,

23         318.14, 320.08058, 320.20, 320.38, 322.031,

24         322.091, 322.095, 322.21, 333.03, 364.508,

25         380.0651, 381.003, 381.005, 381.0056, 381.0302,

26         391.055, 393.0657, 394.4572, 394.495, 394.498,

27         395.602, 395.605, 397.405, 397.451, 397.951,

28         402.22, 402.302, 402.3057, 409.145, 409.1757,

29         409.2598, 409.9071, 409.908, 409.9122, 411.01,

30         411.203, 411.223, 414.1251, 440.16, 445.04,

31         445.0121, 445.024, 447.203, 447.301, 447.403,


                                  4

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         450.081, 450.121, 458.3145, 458.324, 459.0125,

 2         468.1115, 468.607, 468.723, 471.0035, 476.114,

 3         476.144, 476.178, 477.0132, 477.019, 477.0201,

 4         477.023, 480.033, 481.229, 488.01, 553.415,

 5         559.902, 589.09, 627.733, 627.742, 627.912,

 6         633.445, 633.50, 732.402, 784.081, 817.566,

 7         817.567, 877.18, 921.187, 943.10, 943.22,

 8         944.801, 948.03, 984.03, 984.05, 984.151,

 9         984.19, 985.03, 985.04, 985.316, and 985.412,

10         F.S.; conforming provisions and cross

11         references; revising provisions relating to

12         audits of the accounts and records of district

13         school boards; providing purpose of this act;

14         authorizing activities relating to the

15         reorganization of the Department of Education

16         and implementation of changes to the state

17         system of education; repealing s. 187.201(1),

18         F.S., relating to the education goals and

19         policies of the State Comprehensive Plan;

20         repealing s. 2 of ch. 2000-181, Laws of

21         Florida, relating to the repeal of s. 236.081,

22         F.S., effective June 30, 2004; repealing part I

23         of ch. 243, F.S., relating to the educational

24         institutions law, and ch. 228, 229, 230, 231,

25         232, 233, 234, 235, 236, 237, 239, 240, 241,

26         242, 244, and 246, F.S., relating to public

27         education general provisions, functions of

28         state educational agencies, the district school

29         system, personnel of the school system,

30         compulsory school attendance and child welfare,

31         courses of study and instructional aids,


                                  5

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         transportation of school children, educational

 2         facilities, finance and taxation of schools,

 3         financial accounts and expenditures for public

 4         schools, vocational, adult, and community

 5         education, postsecondary education, distance

 6         learning, specialized state educational

 7         institutions, educational compacts, and

 8         nonpublic postsecondary institutions; providing

 9         duties of the Division of Statutory Revision;

10         providing for review of ch. 1000-1013, F.S.,

11         during the 2003 Regular Session; requiring each

12         district school board to develop a plan for a

13         K-12 foreign language curriculum; amending s.

14         110.1099, F.S.; deleting a requirement that

15         credit hours generated by state employee fee

16         waivers be fundable credit hours; providing for

17         severability; providing effective dates.

18  

19         WHEREAS, Representative Jerry G. Melvin has served in

20  the Florida House of Representatives for 18 years, from

21  1968-1978 and 1995-2002, and is the current Dean of this great

22  institution, and

23         WHEREAS, Representative Jerry G. Melvin served for many

24  years on the Education Appropriations Committee, chaired the

25  Education Innovation Committee from 1997 through 2000, and has

26  chaired the Council for Lifelong Learning from 2000 through

27  2002, and

28         WHEREAS, in his many years of education chairmanship,

29  Representative Jerry G. Melvin has fought tirelessly to

30  achieve the public policy goals of the House leadership, and

31  


                                  6

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         WHEREAS, in his final year of service to this House,

 2  Representative Jerry G. Melvin has accomplished his crowning

 3  achievement by bringing before this body, as required in last

 4  year's education governance legislation, a new, clear, concise

 5  revision of the entire education code that reflects the new

 6  governance structure, and

 7         WHEREAS, this new education code is the largest, most

 8  comprehensive piece of legislation ever brought before this

 9  Legislature and epitomizes the dedication and hard work of

10  Representative Jerry G. Melvin, NOW, THEREFORE,

11  

12  Be It Enacted by the Legislature of the State of Florida:

13  

14         Section 1.  Chapter 1000, Florida Statutes, shall be

15  entitled "K-20 General Provisions" and shall consist of ss.

16  1000.01-1000.21.

17         Section 2.  Part I of chapter 1000, Florida Statutes,

18  shall be entitled "General Provisions" and shall consist of

19  ss. 1000.01-1000.06.

20         Section 3.  Section 1000.01, Florida Statutes, is

21  created to read:

22         1000.01  The Florida K-20 Education System; technical

23  provisions.--

24         (1)  NAME.--Chapters 1000 through 1013 shall be known

25  and cited as the "Florida K-20 Education Code."

26         (2)  LIBERAL CONSTRUCTION.--The provisions of the

27  Florida K-20 Education Code shall be liberally construed to

28  the end that its objectives may be effected.  It is the

29  legislative intent that if any section, subsection, sentence,

30  clause, or provision of the Florida K-20 Education Code is

31  held invalid, the remainder of the code shall not be affected.


                                  7

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (3)  PURPOSE.--The purpose of the Florida K-20

 2  Education Code is to provide by law for a state system of

 3  schools, courses, classes, and educational institutions and

 4  services adequate to allow, for all Florida's students, the

 5  opportunity to obtain a high quality education. The Florida

 6  K-20 education system is established to accomplish this

 7  purpose; however, nothing in this code shall be construed to

 8  require the provision of free public education beyond grade

 9  12.

10         (4)  UNIFORM SYSTEM OF PUBLIC K-12 SCHOOLS

11  INCLUDED.--As required by s. 1, Art. IX of the State

12  Constitution, the Florida K-20 education system shall include

13  the uniform system of free public K-12 schools.  These public

14  K-12 schools shall provide 13 consecutive years of

15  instruction, beginning with kindergarten, and shall also

16  provide such instruction for students with disabilities,

17  gifted students, limited English proficient students, and

18  students in Department of Juvenile Justice programs as may be

19  required by law.  The funds for support and maintenance of the

20  uniform system of free public K-12 schools shall be derived

21  from state, district, federal, and other lawful sources or

22  combinations of sources, including any fees charged

23  nonresidents as provided by law.

24         (5)  EDUCATION GOVERNANCE TRANSFERS.--

25         (a)  Effective July 1, 2001:

26         1.  The Board of Regents is abolished.

27         2.  All of the powers, duties, functions, records,

28  personnel, and property; unexpended balances of

29  appropriations, allocations, and other funds; administrative

30  authority; administrative rules; pending issues; and existing

31  contracts of the Board of Regents are transferred by a type


                                  8

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  two transfer, pursuant to s. 20.06(2), to the Florida Board of

 2  Education.

 3         3.  The State Board of Community Colleges is abolished.

 4         4.  All of the powers, duties, functions, records,

 5  personnel, and property; unexpended balances of

 6  appropriations, allocations, and other funds; administrative

 7  authority; administrative rules; pending issues; and existing

 8  contracts of the State Board of Community Colleges are

 9  transferred by a type two transfer, pursuant to s. 20.06(2),

10  from the Department of Education to the Florida Board of

11  Education.

12         5.  The Postsecondary Education Planning Commission is

13  abolished.

14         6.  The Council for Education Policy Research and

15  Improvement is created as an independent office under the

16  Office of Legislative Services.

17         7.  All personnel, unexpended balances of

18  appropriations, and allocations of the Postsecondary Education

19  Planning Commission are transferred to the Council for

20  Education Policy Research and Improvement.

21         8.  The Articulation Coordinating Committee and the

22  Education Standards Commission are transferred by a type two

23  transfer, pursuant to s. 20.06(2), from the Department of

24  Education to the Florida Board of Education.

25         (b)  All rules of the State Board of Education, the

26  Commissioner of Education, and the Department of Education,

27  and all rules of the district school boards, the community

28  college boards of trustees, and the state university boards of

29  trustees, in effect on January 2, 2003, remain in effect until

30  specifically amended or repealed in the manner provided by

31  law.


                                  9

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (c)  Effective January 7, 2003:

 2         1.  The administrative rules of the Department of

 3  Education and the Commissioner of Education shall become the

 4  rules of the State Board of Education.

 5         2.  The administrative rules of the State Board of

 6  Education shall become the rules of the appointed State Board

 7  of Education.

 8         (d)  All administrative rules of the State Board of

 9  Education, the Commissioner of Education, and the Department

10  of Education are transferred by a type two transfer, as

11  defined in s. 20.06(2), Florida Statutes, to the appointed

12  State Board of Education.

13         (e)  This act creating the Florida K-20 Education Code

14  shall not affect the validity of any judicial or

15  administrative action involving the Department of Education,

16  pending on January 7, 2003. This act shall not affect the

17  validity of any judicial or administrative action involving

18  the Commissioner of Education or the State Board of Education,

19  pending on January 7, 2003, and the appointed State Board of

20  Education shall be substituted as a party of interest in any

21  such action.

22         Section 4.  Section 1000.02, Florida Statutes, is

23  created to read:

24         1000.02  Policy and guiding principles for the Florida

25  K-20 education system.--

26         (1)  It is the policy of the Legislature:

27         (a)  To achieve within existing resources a seamless

28  academic educational system that fosters an integrated

29  continuum of kindergarten through graduate school education

30  for Florida's students.

31  


                                  10

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  To promote enhanced academic success and funding

 2  efficiency of educational delivery systems by aligning

 3  responsibility with accountability.

 4         (c)  To provide consistent education policy across all

 5  educational delivery systems, focusing on students.

 6         (d)  To provide substantially improved articulation

 7  across all educational delivery systems.

 8         (e)  To provide for the decentralization of authority

 9  to the schools, community colleges, universities, and other

10  education institutions that deliver educational services to

11  the public.

12         (f)  To ensure that independent education institutions

13  and home education programs maintain their independence,

14  autonomy, and nongovernmental status.

15         (2)  The guiding principles for Florida's K-20

16  education system are:

17         (a)  A coordinated, seamless system for kindergarten

18  through graduate school education.

19         (b)  A system that is student-centered in every facet.

20         (c)  A system that maximizes education access and

21  allows the opportunity for a high quality education for all

22  Floridians.

23         (d)  A system that safeguards equity and supports

24  academic excellence.

25         (e)  A system that provides for local operational

26  flexibility while promoting accountability for student

27  achievement and improvement.

28         Section 5.  Section 1000.03, Florida Statutes, is

29  created to read:

30         1000.03  Function, mission, and goals of the Florida

31  K-20 education system.--


                                  11

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (1)  Florida's K-20 education system shall be a

 2  decentralized system without excess layers of bureaucracy. The

 3  State Board of Education may appoint on an ad hoc basis a

 4  committee or committees to assist it on any and all issues

 5  within the K-20 education system. Florida's K-20 education

 6  system shall maintain a systemwide technology plan based on a

 7  common set of data definitions.

 8         (2)(a)  The Legislature shall establish education

 9  policy, enact education laws, and appropriate and allocate

10  education resources.

11         (b)  The State Board of Education shall oversee the

12  enforcement of all laws and rules, and the timely provision of

13  direction, resources, assistance, intervention when needed,

14  and strong incentives and disincentives to force

15  accountability for results.

16         (c)  The Commissioner of Education shall serve as chief

17  executive officer of the K-20 education system. The

18  commissioner shall be responsible for enforcing compliance

19  with the mission and goals of the K-20 education system. The

20  commissioner's office shall operate all statewide functions

21  necessary to support the State Board of Education and the K-20

22  education system.

23         (3)  Public education is a cooperative function of the

24  state and local educational authorities. The state retains

25  responsibility for establishing a system of public education

26  through laws, standards, and rules to assure efficient

27  operation of a K-20 system of public education and adequate

28  educational opportunities for all individuals. Local

29  educational authorities have a duty to fully and faithfully

30  comply with state laws, standards, and rules and to

31  


                                  12

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  efficiently use the resources available to them to assist the

 2  state in allowing adequate educational opportunities.

 3         (4)  The mission of Florida's K-20 education system is

 4  to allow its students to increase their proficiency by

 5  allowing them the opportunity to expand their knowledge and

 6  skills through adequate learning opportunities, in accordance

 7  with the mission statement and accountability requirements of

 8  s. 1008.31.

 9         (5)  The priorities of Florida's K-20 education system

10  include:

11         (a)  Learning and completion at all levels, including

12  increased high school graduation rate and readiness for

13  postsecondary education without remediation.--All students

14  demonstrate increased learning and completion at all levels,

15  graduate from high school, and are prepared to enter

16  postsecondary education without remediation.

17         (b)  Student performance.--Students demonstrate that

18  they meet the expected academic standards consistently at all

19  levels of their education.

20         (c)  Alignment of standards and resources.--Academic

21  standards for every level of the K-20 education system are

22  aligned, and education financial resources are aligned with

23  student performance expectations at each level of the K-20

24  education system.

25         (d)  Educational leadership.--The quality of

26  educational leadership at all levels of K-20 education is

27  improved.

28         (e)  Workforce education.--Workforce education is

29  appropriately aligned with the skills required by the new

30  global economy.

31  


                                  13

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (f)  Parental, student, family, educational

 2  institution, and community involvement.--Parents, students,

 3  families, educational institutions, and communities are

 4  collaborative partners in education, and each plays an

 5  important role in the success of individual students.

 6  Therefore, the State of Florida cannot be the guarantor of

 7  each individual student's success. The goals of Florida's K-20

 8  education system are not guarantees that each individual

 9  student will succeed or that each individual school will

10  perform at the level indicated in the goals.

11         Section 6.  Section 1000.04, Florida Statutes, is

12  created to read:

13         1000.04  Components for the delivery of public

14  education within the Florida K-20 education system.--Florida's

15  K-20 education system provides for the delivery of public

16  education through publicly supported and controlled K-12

17  schools, community colleges, state universities and other

18  postsecondary educational institutions, other educational

19  institutions, and other educational services as provided or

20  authorized by the Constitution and laws of the state.

21         (1)  PUBLIC K-12 SCHOOLS.--The public K-12 schools

22  include charter schools and consist of kindergarten classes;

23  elementary, middle, and high school grades and special

24  classes; workforce development education; area technical

25  centers; adult, part-time, career and technical, and evening

26  schools, courses, or classes, as authorized by law to be

27  operated under the control of district school boards; and lab

28  schools operated under the control of state universities.

29         (2)  PUBLIC POSTSECONDARY EDUCATIONAL

30  INSTITUTIONS.--Public postsecondary educational institutions

31  include workforce development education; community colleges;


                                  14

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  colleges; state universities; and all other state-supported

 2  postsecondary educational institutions that are authorized and

 3  established by law.

 4         (3)  FLORIDA SCHOOL FOR THE DEAF AND THE BLIND.--The

 5  Florida School for the Deaf and the Blind is a component of

 6  the delivery of public education within Florida's K-20

 7  education system.

 8         (4)  THE FLORIDA VIRTUAL SCHOOL.--The Florida Virtual

 9  School is a component of the delivery of public education

10  within Florida's K-20 education system.

11         Section 7.  Section 1000.05, Florida Statutes, is

12  created to read:

13         1000.05  Discrimination against students and employees

14  in the Florida K-20 public education system prohibited;

15  equality of access required.--

16         (1)  This section may be cited as the "Florida

17  Educational Equity Act."

18         (2)(a)  Discrimination on the basis of race, ethnicity,

19  national origin, gender, disability, or marital status against

20  a student or an employee in the state system of public K-20

21  education is prohibited. No person in this state shall, on the

22  basis of race, ethnicity, national origin, gender, disability,

23  or marital status, be excluded from participation in, be

24  denied the benefits of, or be subjected to discrimination

25  under any public K-20 education program or activity, or in any

26  employment conditions or practices, conducted by a public

27  educational institution that receives or benefits from federal

28  or state financial assistance.

29         (b)  The criteria for admission to a program or course

30  shall not have the effect of restricting access by persons of

31  


                                  15

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  a particular race, ethnicity, national origin, gender,

 2  disability, or marital status.

 3         (c)  All public K-20 education classes shall be

 4  available to all students without regard to race, ethnicity,

 5  national origin, gender, disability, or marital status;

 6  however, this is not intended to eliminate the provision of

 7  programs designed to meet the needs of students with limited

 8  proficiency in English, gifted students, or students with

 9  disabilities or programs tailored to students with specialized

10  talents or skills.

11         (d)  Students may be separated by gender for any

12  portion of a class that deals with human reproduction or

13  during participation in bodily contact sports.  For the

14  purpose of this section, bodily contact sports include

15  wrestling, boxing, rugby, ice hockey, football, basketball,

16  and other sports in which the purpose or major activity

17  involves bodily contact.

18         (e)  Guidance services, counseling services, and

19  financial assistance services in the state public K-20

20  education system shall be available to students equally.

21  Guidance and counseling services, materials, and promotional

22  events shall stress access to academic, career and technical

23  opportunities for students without regard to race, ethnicity,

24  national origin, gender, disability, or marital status.

25         (3)(a)  No person shall, on the basis of gender, be

26  excluded from participating in, be denied the benefits of, or

27  be treated differently from another person or otherwise be

28  discriminated against in any interscholastic, intercollegiate,

29  club, or intramural athletics offered by a public K-20

30  educational institution; and no public K-20 educational

31  institution shall provide athletics separately on such basis.


                                  16

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  Notwithstanding the requirements of paragraph (a),

 2  a public K-20 educational institution may operate or sponsor

 3  separate teams for members of each gender if the selection for

 4  such teams is based upon competitive skill or the activity

 5  involved is a bodily contact sport.  However, when a public

 6  K-20 educational institution operates or sponsors a team in a

 7  particular sport for members of one gender but does not

 8  operate or sponsor such a team for members of the other

 9  gender, and athletic opportunities for that gender have

10  previously been limited, members of the excluded gender must

11  be allowed to try out for the team offered.

12         (c)  This subsection does not prohibit the grouping of

13  students in physical education classes and activities by

14  ability as assessed by objective standards of individual

15  performance developed and applied without regard to gender.

16  However, when use of a single standard of measuring skill or

17  progress in a physical education class has an adverse effect

18  on members of one gender, the educational institution shall

19  use appropriate standards which do not have such effect.

20         (d)  A public K-20 educational institution which

21  operates or sponsors interscholastic, intercollegiate, club,

22  or intramural athletics shall provide equal athletic

23  opportunity for members of both genders.  In determining

24  whether equal opportunities are available, the Commissioner of

25  Education shall consider, among other factors:

26         1.  Whether the selection of sports and levels of

27  competition effectively accommodate the interests and

28  abilities of members of both genders.

29         2.  The provision of equipment and supplies.

30         3.  Scheduling of games and practice times.

31         4.  Travel and per diem allowances.


                                  17

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         5.  Opportunities to receive coaching and academic

 2  tutoring.

 3         6.  Assignment and compensation of coaches and tutors.

 4         7.  Provision of locker room, practice, and competitive

 5  facilities.

 6         8.  Provision of medical and training facilities and

 7  services.

 8         9.  Provision of housing and dining facilities and

 9  services.

10         10.  Publicity.

11  

12  Unequal aggregate expenditures for members of each gender or

13  unequal expenditures for male and female teams if a public

14  K-20 educational institution operates or sponsors separate

15  teams do not constitute nonimplementation of this subsection,

16  but the Commissioner of Education shall consider the failure

17  to provide necessary funds for teams for one gender in

18  assessing equality of opportunity for members of each gender.

19         (e)  A public K-20 educational institution may provide

20  separate toilet, locker room, and shower facilities on the

21  basis of gender, but such facilities shall be comparable to

22  such facilities provided for students of the other gender.

23         (4)  Educational institutions within the state public

24  K-20 education system shall develop and implement methods and

25  strategies to increase the participation of students of a

26  particular race, ethnicity, national origin, gender,

27  disability, or marital status in programs and courses in which

28  students of that particular race, ethnicity, national origin,

29  gender, disability, or marital status have been traditionally

30  underrepresented, including, but not limited to, mathematics,

31  


                                  18

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  science, computer technology, electronics, communications

 2  technology, engineering, and career and technical education.

 3         (5)  The State Board of Education shall adopt rules to

 4  implement this section.

 5         (6)  The functions of the Office of Equal Educational

 6  Opportunity of the Department of Education shall include, but

 7  are not limited to:

 8         (a)  Requiring all district school boards, community

 9  college boards of trustees, and state university boards of

10  trustees to develop and submit plans for the implementation of

11  this section to the Department of Education.

12         (b)  Conducting periodic reviews of public K-20

13  educational agencies to determine compliance with this section

14  and, after a finding that an educational agency is not in

15  compliance with this section, notifying the agency of the

16  steps that it must take to attain compliance and performing

17  followup monitoring.

18         (c)  Providing technical assistance, including

19  assisting public K-20 educational agencies in identifying

20  unlawful discrimination and instructing them in remedies for

21  correction and prevention of such discrimination and

22  performing followup monitoring.

23         (d)  Conducting studies of the effectiveness of methods

24  and strategies designed to increase the participation of

25  students in programs and courses in which students of a

26  particular race, ethnicity, national origin, gender,

27  disability, or marital status have been traditionally

28  underrepresented and monitoring the success of students in

29  such programs or courses, including performing followup

30  monitoring.

31  


                                  19

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (e)  Requiring all district school boards, community

 2  college boards of trustees, and state university boards of

 3  trustees to submit data and information necessary to determine

 4  compliance with this section.  The Commissioner of Education

 5  shall prescribe the format and the date for submission of such

 6  data and any other educational equity data. If any board does

 7  not submit the required compliance data or other required

 8  educational equity data by the prescribed date, the

 9  commissioner shall notify the board of this fact and, if the

10  board does not take appropriate action to immediately submit

11  the required report, the State Board of Education shall impose

12  monetary sanctions.

13         (f)  Based upon rules of the State Board of Education,

14  developing and implementing enforcement mechanisms with

15  appropriate penalties to ensure that public K-12 schools,

16  community colleges, and state universities comply with Title

17  IX of the Education Amendments of 1972 and subsection (3) of

18  this section. However, the State Board of Education may not

19  force an educational agency to conduct, nor penalize an

20  educational agency for not conducting, a program of athletic

21  activity or athletic scholarship for female athletes unless it

22  is an athletic activity approved for women by a recognized

23  association whose purpose is to promote athletics and a

24  conference or league exists to promote interscholastic or

25  intercollegiate competition for women in that athletic

26  activity.

27         (g)  Reporting to the Commissioner of Education any

28  district school board, community college board of trustees, or

29  state university board of trustees found to be out of

30  compliance with rules of the State Board of Education adopted

31  


                                  20

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  as required by paragraph (f) or paragraph (3)(d).  To penalize

 2  the board, the State Board of Education shall:

 3         1.  Declare the educational agency ineligible for

 4  competitive state grants.

 5         2.  Notwithstanding the provisions of s. 216.192,

 6  direct the Comptroller to withhold general revenue funds

 7  sufficient to obtain compliance from the educational agency.

 8  

 9  The educational agency shall remain ineligible and the funds

10  shall not be paid until the agency comes into compliance or

11  the State Board of Education approves a plan for compliance.

12         (7)  A person aggrieved by a violation of this section

13  or a violation of a rule adopted under this section has a

14  right of action for such equitable relief as the court may

15  determine.  The court may also award reasonable attorney's

16  fees and court costs to a prevailing party.

17         Section 8.  Section 1000.06, Florida Statutes, is

18  created to read:

19         1000.06  Display of flags.--Every public K-20

20  educational institution that is provided or authorized by the

21  Constitution and laws of Florida shall display daily the flag

22  of the United States and the official flag of Florida when the

23  weather permits upon one building or on a suitable flagstaff

24  upon the grounds of each public postsecondary educational

25  institution and upon every district school board building or

26  grounds except when the institution or school is closed for

27  vacation, provided that, if two or more buildings are located

28  on the same or on adjacent sites, one flag may be displayed

29  for the entire group of buildings.

30  

31  


                                  21

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 9.  Part II of chapter 1000, Florida Statutes,

 2  shall be entitled "Systemwide Definitions" and shall consist

 3  of s. 1000.21.

 4         Section 10.  Section 1000.21, Florida Statutes, is

 5  created to read:

 6         1000.21  Systemwide definitions.--As used in the

 7  Florida K-20 Education Code:

 8         (1)  "Articulation" is the systematic coordination that

 9  provides the means by which students proceed toward their

10  educational objectives in as rapid and student-friendly manner

11  as their circumstances permit, from grade level to grade

12  level, from elementary to middle to high school, to and

13  through postsecondary education, and when transferring from

14  one educational institution or program to another.

15         (2)  "Commissioner" is the Commissioner of Education.

16         (3)  "Community college," except as otherwise

17  specifically provided, includes the following institutions and

18  any branch campuses, centers, or other affiliates of the

19  institution:

20         (a)  Brevard Community College.

21         (b)  Broward Community College.

22         (c)  Central Florida Community College.

23         (d)  Chipola Junior College.

24         (e)  Daytona Beach Community College.

25         (f)  Edison Community College.

26         (g)  Florida Community College at Jacksonville.

27         (h)  Florida Keys Community College.

28         (i)  Gulf Coast Community College.

29         (j)  Hillsborough Community College.

30         (k)  Indian River Community College.

31         (l)  Lake City Community College.


                                  22

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (m)  Lake-Sumter Community College.

 2         (n)  Manatee Community College.

 3         (o)  Miami-Dade Community College.

 4         (p)  North Florida Community College.

 5         (q)  Okaloosa-Walton Community College.

 6         (r)  Palm Beach Community College.

 7         (s)  Pasco-Hernando Community College.

 8         (t)  Pensacola Junior College.

 9         (u)  Polk Community College.

10         (v)  St. Johns River Community College.

11         (w)  St. Petersburg College.

12         (x)  Santa Fe Community College.

13         (y)  Seminole Community College.

14         (z)  South Florida Community College.

15         (aa)  Tallahassee Community College.

16         (bb)  Valencia Community College.

17         (4)  "Department" is the Department of Education.

18         (5)  "Parent" is either or both parents of a student,

19  any guardian of a student, any person in a parental

20  relationship to a student, or any person exercising

21  supervisory authority over a student in place of the parent.

22         (6)  "State university," except as otherwise

23  specifically provided, includes the following institutions and

24  any branch campuses, centers, or other affiliates of the

25  institution:

26         (a)  The University of Florida.

27         (b)  The Florida State University.

28         (c)  The Florida Agricultural and Mechanical

29  University.

30         (d)  The University of South Florida.

31         (e)  The Florida Atlantic University.


                                  23

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (f)  The University of West Florida.

 2         (g)  The University of Central Florida.

 3         (h)  The University of North Florida.

 4         (i)  The Florida International University.

 5         (j)  The Florida Gulf Coast University.

 6         (k)  New College of Florida.

 7         (7)  "Sunshine State Standards" are standards that

 8  identify what public school students should know and be able

 9  to do. These standards delineate the academic achievement of

10  students for which the state will hold its public schools

11  accountable in grades K-2, 3-5, 6-8, and 9-12, in the subjects

12  of language arts, mathematics, science, social studies, the

13  arts, health and physical education, foreign languages,

14  reading, writing, history, government, geography, economics,

15  and computer literacy.

16         Section 11.  Part III of chapter 1000, Florida

17  Statutes, shall be entitled "Educational Compacts" and shall

18  consist of ss. 1000.31-1000.34.

19         Section 12.  Section 1000.31, Florida Statutes, is

20  created to read:

21         1000.31  Regional education; state policy.--It is

22  hereby declared to be the policy of the state to promote the

23  development and maintenance of regional education services and

24  facilities in the Southern States in the professional,

25  technological, scientific, literary and other fields so as to

26  provide greater educational advantages for the citizens of the

27  state and the citizens in the several states in said region;

28  and it is found and determined by the Legislature of the state

29  that greater educational advantages and facilities for the

30  citizens of the state in certain phases of the professional,

31  technological, scientific, literary and other fields in


                                  24

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  education can best be accomplished by the development and

 2  maintenance of regional educational services and facilities,

 3  under the plan embodied in "The Regional Pact" hereinafter

 4  adopted; and this law shall be liberally construed to

 5  accomplish such purposes.

 6         Section 13.  Section 1000.32, Florida Statutes, is

 7  created to read:

 8         1000.32  Regional compact.--The compact entered into by

 9  the state and other Southern States by and through their

10  respective governors on February 8, 1948, as amended, relative

11  to the development and maintenance of regional education

12  services and schools in the Southern States in the

13  professional, technological, scientific, literary and other

14  fields so as to promote greater educational facilities for the

15  citizens of the several states who reside in said region, a

16  copy of said compact, as amended, being as follows:

17  

18                       THE REGIONAL COMPACT

19                           (as amended)

20  

21         WHEREAS, The States who are parties hereto have during

22  the past several years conducted careful investigation looking

23  toward the establishment and maintenance of jointly owned and

24  operated regional educational institutions in the Southern

25  States in the professional, technological, scientific,

26  literary, and other fields, so as to provide greater

27  educational advantages and facilities for the citizens of the

28  several states who reside within such region; and

29         WHEREAS, Meharry Medical College of Nashville,

30  Tennessee, has proposed that its lands, buildings, equipment,

31  and the net income from its endowment be turned over to the


                                  25

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Southern States, or to an agency acting in their behalf, to be

 2  operated as a regional institution for medical, dental and

 3  nursing education upon terms and conditions to be hereafter

 4  agreed upon between the Southern States and Meharry Medical

 5  College, which proposal, because of the present financial

 6  condition of the institution, has been approved by the said

 7  states who are parties hereto; and

 8         WHEREAS, the said states desire to enter into a compact

 9  with each other providing for the planning and establishment

10  of regional educational facilities;

11         NOW, THEREFORE, in consideration of the mutual

12  agreements, covenants and obligations assumed by the

13  respective states who are parties hereto (hereinafter referred

14  to as "states"), the said several states do hereby form a

15  geographical district or region consisting of the areas lying

16  within the boundaries of the contracting states which, for the

17  purposes of this compact, shall constitute an area for

18  regional education supported by public funds derived from

19  taxation by the constituent states and derived from other

20  sources for the establishment, acquisition, operation and

21  maintenance of regional educational schools and institutions

22  for the benefit of citizens of the respective states residing

23  within the region so established as may be determined from

24  time to time in accordance with the terms and provisions of

25  this compact.

26         The states do further hereby establish and create a

27  joint agency which shall be known as the Board of Control for

28  Southern Regional Education (hereinafter referred to as the

29  "board"), the members of which board shall consist of the

30  governor of each state, ex officio, and four additional

31  citizens of each state to be appointed by the governor


                                  26

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  thereof, at least one of whom shall be selected from the field

 2  of education, and at least one of whom shall be a member of

 3  the legislature of that state.  The governor shall continue as

 4  a member of the board during his or her tenure of office as

 5  governor of the state, but the members of the board appointed

 6  by the governor shall hold office for a period of four years

 7  except that in the original appointments one board member so

 8  appointed by the governor shall be designated at the time of

 9  his or her appointment to serve an initial term of two years,

10  one board member to serve an initial term of three years, and

11  the remaining board member to serve the full term of four

12  years, but thereafter the successor of each appointed board

13  member shall serve the full term of four years.  Vacancies on

14  the board caused by death, resignation, refusal or inability

15  to serve, shall be filled by appointment by the governor for

16  the unexpired portion of the term.  The officers of the board

17  shall be a chair, a vice chair, a secretary, a treasurer, and

18  such additional officers as may be created by the board from

19  time to time.  The board shall meet annually and officers

20  shall be elected to hold office until the next annual meeting.

21  The board shall have the right to formulate and establish

22  bylaws not inconsistent with the provisions of this compact to

23  govern its own actions in the performance of the duties

24  delegated to it including the right to create and appoint an

25  executive committee and a finance committee with such powers

26  and authority as the board may delegate to them from time to

27  time.  The board may, within its discretion, elect as its

28  chair a person who is not a member of the board, provided such

29  person resides within a signatory state, and upon such

30  election such person shall become a member of the board with

31  all the rights and privileges of such membership.  This


                                  27

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  paragraph as amended in 1957 shall be effective when eight or

 2  more of the states party to the compact have given legislative

 3  approval to the amendment.

 4         It shall be the duty of the board to submit plans and

 5  recommendations to the states from time to time for their

 6  approval and adoption by appropriate legislative action for

 7  the development, establishment, acquisition, operation and

 8  maintenance of educational schools and institutions within the

 9  geographical limits of the regional area of the states, of

10  such character and type and for such educational purposes,

11  professional, technological, scientific, literary, or

12  otherwise, as they may deem and determine to be proper,

13  necessary or advisable.  Title to all such educational

14  institutions when so established by appropriate legislative

15  actions of the states and to all properties and facilities

16  used in connection therewith shall be vested in said board as

17  the agency of and for the use and benefit of the said states

18  and the citizens thereof, and all such educational

19  institutions shall be operated, maintained and financed in the

20  manner herein set out, subject to any provisions or

21  limitations which may be contained in the legislative acts of

22  the states authorizing the creation, establishment and

23  operation of such educational institutions.

24         In addition to the power and authority heretofore

25  granted, the board shall have the power to enter into such

26  agreements or arrangements with any of the states and with

27  educational institutions or agencies, as may be required in

28  the judgment of the board, to provide adequate services and

29  facilities for the graduate, professional, and technical

30  education for the benefit of the citizens of the respective

31  states residing within the region, and such additional and


                                  28

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  general power and authority as may be vested in the board from

 2  time to time by legislative enactment of the said states.

 3         Any two or more states who are parties of this compact

 4  shall have the right to enter into supplemental agreements

 5  providing for the establishment, financing and operation of

 6  regional educational institutions for the benefit of citizens

 7  residing within an area which constitutes a portion of the

 8  general region herein created, such institutions to be

 9  financed exclusively by such states and to be controlled

10  exclusively by the members of the board representing such

11  states provided such agreement is submitted to and approved by

12  the board prior to the establishment of such institutions.

13         Each state agrees that, when authorized by the

14  legislature, it will from time to time make available and pay

15  over to said board such funds as may be required for the

16  establishment, acquisition, operation and maintenance of such

17  regional educational institutions as may be authorized by the

18  states under the terms of this compact, the contribution of

19  each state at all times to be in the proportion that its

20  population bears to the total combined population of the

21  states who are parties hereto as shown from time to time by

22  the most recent official published report of the bureau of the

23  census of the United States of America; or upon such other

24  basis as may be agreed upon.

25         This compact shall not take effect or be binding upon

26  any state unless and until it shall be approved by proper

27  legislative action of as many as six or more of the states

28  whose governors have subscribed hereto within a period of

29  eighteen months from the date hereof. When and if six or more

30  states shall have given legislative approval to this compact

31  within said eighteen months period, it shall be and become


                                  29

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  binding upon such six or more states sixty days after the date

 2  of legislative approval by the sixth state and the governors

 3  of such six or more states shall forthwith name the members of

 4  the board from their states as hereinabove set out, and the

 5  board shall then meet on call of the governor of any state

 6  approving this compact, at which time the board shall elect

 7  officers, adopt bylaws, appoint committees and otherwise fully

 8  organize.  Other states whose names are subscribed hereto

 9  shall thereafter become parties hereto upon approval of this

10  compact by legislative action within two years from the date

11  hereof, upon such conditions as may be agreed upon at the

12  time.  Provided, however, that with respect to any state whose

13  constitution may require amendment in order to permit

14  legislative approval of the compact, such state or states

15  shall become parties hereto upon approval of this compact by

16  legislative action within seven years from the date hereof,

17  upon such conditions as may be agreed upon at the time.

18         After becoming effective this compact shall thereafter

19  continue without limitation of time; provided, however, that

20  it may be terminated at any time by unanimous action of the

21  states and provided further that any state may withdraw from

22  this compact if such withdrawal is approved by its

23  legislature, such withdrawal to become effective two years

24  after written notice thereof to the board accompanied by a

25  certified copy of the requisite legislative action, but such

26  withdrawal shall not relieve the withdrawing state from its

27  obligations hereunder accruing up to the effective date of

28  such withdrawal. Any state so withdrawing shall ipso facto

29  cease to have any claim to or ownership of any of the property

30  held or vested in the board or to any of the funds of the

31  board held under the terms of this compact.


                                  30

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         If any state shall at any time become in default in the

 2  performance of any of its obligations assumed herein or with

 3  respect to any obligation imposed upon said state as

 4  authorized by and in compliance with the terms and provisions

 5  of this compact, all rights, privileges and benefits of such

 6  defaulting state, its members on the board and its citizens

 7  shall ipso facto be and become suspended from and after the

 8  date of such default.  Unless such default shall be remedied

 9  and made good within a period of one year immediately

10  following the date of such default this compact may be

11  terminated with respect to such defaulting state by an

12  affirmative vote of three-fourths of the members of the board

13  (exclusive of the members representing the state in default),

14  from and after which time such state shall cease to be a party

15  to this compact and shall have no further claim to or

16  ownership of any of the property held by or vested in the

17  board or to any of the funds of the board held under the terms

18  of this compact, but such termination shall in no manner

19  release such defaulting state from any accrued obligation or

20  otherwise affect this compact or the rights, duties,

21  privileges or obligations of the remaining states thereunder.

22         IN WITNESS WHEREOF this compact has been approved and

23  signed by governors of the several states, subject to the

24  approval of their respective legislatures in the manner

25  hereinabove set out, as of the 8th day of February, 1948.

26         STATE OF FLORIDA BY Millard F. Caldwell, Governor.

27  STATE OF MARYLAND BY Wm. Preston Lane, Jr., Governor.  STATE

28  OF GEORGIA BY M. E.  Thompson, Governor.  STATE OF LOUISIANA

29  BY J. H. Davis, Governor.  STATE OF ALABAMA BY James E.

30  Folsom, Governor. STATE OF MISSISSIPPI BY F. L. Wright,

31  Governor. STATE OF TENNESSEE BY Jim McCord, Governor.  STATE


                                  31

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  OF ARKANSAS BY Ben Laney, Governor. COMMONWEALTH OF VIRGINIA

 2  BY Wm. M. Tuck, Governor.  STATE OF NORTH CAROLINA BY R. Gregg

 3  Cherry, Governor. STATE OF SOUTH CAROLINA BY J.  Strom

 4  Thurmond, Governor.  STATE OF TEXAS BY Beauford H. Jester,

 5  Governor.  STATE OF OKLAHOMA BY Roy J. Turner, Governor. STATE

 6  OF WEST VIRGINIA BY Clarence W. Meadows, Governor.

 7  

 8  be and the same is hereby approved and the State of Florida is

 9  hereby declared to be a party to said compact and the

10  agreements, covenants and obligations contained therein are

11  hereby declared to be binding upon the State of Florida.

12         Section 14.  Section 1000.33, Florida Statutes, is

13  created to read:

14         1000.33  Copies to other states approving.--After the

15  effective date of this law the Secretary of State of Florida

16  shall furnish to each of the states approving the said compact

17  an engrossed copy of this bill.

18         Section 15.  Section 1000.34, Florida Statutes, is

19  created to read:

20         1000.34  Member jurisdictions.--The compact for

21  education is entered into with all jurisdictions legally

22  joining therein and enacted into law in the following form:

23  

24                      COMPACT FOR EDUCATION

25  

26                            ARTICLE I

27  

28         PURPOSE AND POLICY.--

29         A.  It is the purpose of this compact to:

30         1.  Establish and maintain close cooperation and

31  understanding among executive, legislative, professional


                                  32

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  educational and lay leadership on a nationwide basis at the

 2  state and local levels.

 3         2.  Provide a forum for the discussion, development,

 4  crystallization and recommendation of public policy

 5  alternatives in the field of education.

 6         3.  Provide a clearinghouse of information on matters

 7  relating to educational problems and how they are being met in

 8  different places throughout the nation, so that the executive

 9  and legislative branches of state government and of local

10  communities may have ready access to the experience and record

11  of the entire country, and so that both lay and professional

12  groups in the field of education may have additional avenues

13  for the sharing of experience and the interchange of ideas in

14  the formation of public policy in education.

15         4.  Facilitate the improvement of state and local

16  educational systems so that all of them will be able to meet

17  adequate and desirable goals in a society which requires

18  continuous qualitative and quantitative advance in educational

19  opportunities, methods and facilities.

20         B.  It is the policy of this compact to encourage and

21  promote local and state initiative in the development,

22  maintenance, improvement and administration of educational

23  systems and institutions in a manner which will accord with

24  the needs and advantages of diversity among localities and

25  states.

26         C.  The party states recognize that each of them has an

27  interest in the quality and quantity of education furnished in

28  each of the other states, as well as in the excellence of its

29  own educational systems and institutions, because of the

30  highly mobile character of individuals within the nation, and

31  because the products and services contributing to the health,


                                  33

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  welfare and economic advancement of each state are supplied in

 2  significant part by persons educated in other states.

 3  

 4                            ARTICLE II

 5  

 6         STATE DEFINED.--

 7         As used in this compact, "state" means a state,

 8  territory, or possession of the United States, the District of

 9  Columbia, or the Commonwealth of Puerto Rico.

10  

11                           ARTICLE III

12  

13         THE COMMISSION.--

14         A.  The Education Commission of the States, hereinafter

15  called "the commission," is hereby established.  The

16  commission shall consist of seven members representing each

17  party state.  One of such members representing Florida shall

18  be the governor; two shall be members of the state senate

19  appointed by the president; two shall be members of the house

20  of representatives appointed by the speaker; and two shall be

21  appointed by and serve at the pleasure of the governor.  The

22  guiding principle for the composition of the membership on the

23  commission shall be that the members, by virtue of their

24  training, experience, knowledge or affiliations be in a

25  position collectively to reflect broadly the interests of the

26  state government, higher education, the state education

27  system, local education, lay and professional, public and

28  nonpublic educational leadership.  Of those appointees, one

29  shall be the head of a state agency or institution, designated

30  by the governor, having responsibility for one or more

31  programs of public education.  In addition to the members of


                                  34

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the commission representing the party states, there may be not

 2  to exceed ten nonvoting commissioners selected by the steering

 3  committee for terms of one year.  Such commissioners shall

 4  represent leading national organizations of professional

 5  educators or persons concerned with educational

 6  administration.

 7         B.  The members of the commission shall be entitled to

 8  one vote each on the commission.  No action of the commission

 9  shall be binding unless taken at a meeting at which a majority

10  of the total number of votes on the commission are cast in

11  favor thereof. Action of the commission shall be only at a

12  meeting at which a majority of the commissioners are present.

13  The commission shall meet at least once a year.  In its

14  bylaws, and subject to such directions and limitations as may

15  be contained therein, the commission may delegate the exercise

16  of any of its powers to the steering committee or the

17  executive director, except for the power to approve budgets or

18  requests for appropriations, the power to make policy

19  recommendations pursuant to Article IV and adoption of the

20  annual report pursuant to Article III, J.

21         C.  The commission shall have a seal.

22         D.  The commission shall elect annually, from among its

23  members, a chair, who shall be a governor, a vice chair and a

24  treasurer.  The commission shall provide for the appointment

25  of an executive director.  Such executive director shall serve

26  at the pleasure of the commission, and, together with the

27  treasurer and such other personnel as the commission may deem

28  appropriate, shall be bonded in such amount as the commission

29  shall determine.  The executive director shall be secretary.

30         E.  Irrespective of the civil service, personnel or

31  other merit system laws of any of the party states, the


                                  35

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  executive director, subject to the approval of the steering

 2  committee, shall appoint, remove or discharge such personnel

 3  as may be necessary for the performance of the functions of

 4  the commission, and shall fix the duties and compensation of

 5  such personnel.  The commission in its bylaws shall provide

 6  for the personnel policies and programs of the commission.

 7         F.  The commission may borrow, accept or contract for

 8  the services of personnel from any party jurisdiction, the

 9  United States, or any subdivision or agency of the

10  aforementioned governments, or from any agency of two or more

11  of the party jurisdictions or their subdivisions.

12         G.  The commission may accept for any of its purposes

13  and functions under this compact any and all donations and

14  grants of money, equipment, supplies, materials and services,

15  conditional or otherwise, from any state, the United States,

16  or any other governmental agency, or from any person, firm,

17  association, foundation, or corporation, and may receive,

18  utilize and dispose of the same.  Any donation or grant

19  accepted by the commission pursuant to this paragraph or

20  services borrowed pursuant to paragraph F of this Article

21  shall be reported in the annual report of the commission.

22  Such report shall include the nature, amount and conditions,

23  if any, of the donation, grant, or services borrowed, and the

24  identity of the donor or lender.

25         H.  The commission may establish and maintain such

26  facilities as may be necessary for the transacting of its

27  business. The commission may acquire, hold, and convey real

28  and personal property and any interest therein.

29         I.  The commission shall adopt bylaws for the conduct

30  of its business and shall have the power to amend and rescind

31  these bylaws.  The commission shall publish its bylaws in


                                  36

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  convenient form and shall file a copy thereof and a copy of

 2  any amendment thereto, with the appropriate agency or officer

 3  in each of the party states.

 4         J.  The commission annually shall make to the governor

 5  and legislature of each party state a report covering the

 6  activities of the commission for the preceding year. The

 7  commission may make such additional reports as it may deem

 8  desirable.

 9  

10                            ARTICLE IV

11  

12         POWERS.--

13         In addition to authority conferred on the commission by

14  other provisions of the compact, the commission shall have

15  authority to:

16         1.  Collect, correlate, analyze and interpret

17  information and data concerning educational needs and

18  resources.

19         2.  Encourage and foster research in all aspects of

20  education, but with special reference to the desirable scope

21  of instruction, organization, administration, and

22  instructional methods and standards employed or suitable for

23  employment in public educational systems.

24         3.  Develop proposals for adequate financing of

25  education as a whole and at each of its many levels.

26         4.  Conduct or participate in research of the types

27  referred to in this article in any instance where the

28  commission finds that such research is necessary for the

29  advancement of the purposes and policies of this compact,

30  utilizing fully the resources of national associations,

31  


                                  37

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  regional compact organizations for higher education, and other

 2  agencies and institutions, both public and private.

 3         5.  Formulate suggested policies and plans for the

 4  improvement of public education as a whole, or for any segment

 5  thereof, and make recommendations with respect thereto

 6  available to the appropriate governmental units, agencies and

 7  public officials.

 8         6.  Do such other things as may be necessary or

 9  incidental to the administration of any of its authority or

10  functions pursuant to this compact.

11  

12                            ARTICLE V

13  

14         COOPERATION WITH FEDERAL GOVERNMENT.--

15         A.  If the laws of the United States specifically so

16  provide, or if administrative provision is made therefor

17  within the federal government, the United States may be

18  represented on the commission by not to exceed ten

19  representatives.  Any such representative or representatives

20  of the United States shall be appointed and serve in such

21  manner as may be provided by or pursuant to federal law, and

22  may be drawn from any one or more branches of the federal

23  government, but no such representative shall have a vote on

24  the commission.

25         B.  The commission may provide information and make

26  recommendations to any executive or legislative agency or

27  officer of the federal government concerning the common

28  educational policies of the states, and may advise with any

29  such agencies or officers concerning any matter of mutual

30  interest.

31  


                                  38

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1                            ARTICLE VI

 2  

 3         COMMITTEES.--

 4         A.  To assist in the expeditious conduct of its

 5  business when the full commission is not meeting, the

 6  commission shall elect a steering committee of thirty-two

 7  members which, subject to the provisions of this compact and

 8  consistent with the policies of the commission, shall be

 9  constituted and function as provided in the bylaws of the

10  commission.  One-fourth of the voting membership of the

11  steering committee shall consist of governors, one-fourth

12  shall consist of legislators, and the remainder shall consist

13  of other members of the commission.  A federal representative

14  on the commission may serve with the steering committee, but

15  without vote. The voting members of the steering committee

16  shall serve for terms of two years, except that members

17  elected to the first steering committee of the commission

18  shall be elected as follows: sixteen for one year and sixteen

19  for two years.  The chair, vice chair, and treasurer of the

20  commission shall be members of the steering committee and,

21  anything in this paragraph to the contrary notwithstanding,

22  shall serve during their continuance in these offices.

23  Vacancies in the steering committee shall not affect its

24  authority to act, but the commission at its next regularly

25  ensuing meeting following the occurrence of any vacancy shall

26  fill it for the unexpired term.  No person shall serve more

27  than two terms as a member of the steering committee; provided

28  that service for a partial term of one year or less shall not

29  be counted toward the two term limitations.

30         B.  The commission may establish advisory and technical

31  committees composed of state, local, and federal officials,


                                  39

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  and private persons to advise it with respect to any one or

 2  more of its functions.  Any advisory or technical committee

 3  may, on request of the states concerned, be established to

 4  consider any matter of special concern to two or more of the

 5  party states.

 6         C.  The commission may establish such additional

 7  committees as its bylaws may provide.

 8  

 9                           ARTICLE VII

10  

11         FINANCE.--

12         A.  The commission shall advise the governor or

13  designated officer or officers of each party state of its

14  budget and estimated expenditures for such period as may be

15  required by the laws of that party state.  Each of the

16  commission's budgets of estimated expenditures shall contain

17  specific recommendations of the amount or amounts to be

18  appropriated by each of the party states.

19         B.  The total amount of appropriation requests under

20  any budget shall be apportioned among the party states.  In

21  making such apportionment, the commission shall devise and

22  employ a formula which takes equitable account of the

23  populations and per capita income levels of the party states.

24         C.  The commission shall not pledge the credit of any

25  party states. The commission may meet any of its obligations

26  in whole or in part with funds available to it pursuant to

27  Article III, G of this compact, provided that the commission

28  takes specific action setting aside such funds prior to

29  incurring an obligation to be met in whole or in part in such

30  manner.  Except where the commission makes use of funds

31  available to it pursuant to Article III, G thereof, the


                                  40

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  commission shall not incur any obligation prior to the

 2  allotment of funds by the party states adequate to meet the

 3  same.

 4         D.  The commission shall keep accurate accounts of all

 5  receipts and disbursements. The receipts and disbursements of

 6  the commission shall be subject to the audit and accounting

 7  procedures established by its bylaws. However, all receipts

 8  and disbursements of funds handled by the commission shall be

 9  audited yearly by a qualified public accountant, and the

10  report of the audit shall be included in and become part of

11  the annual reports of the commission.

12         E.  The accounts of the commission shall be open at any

13  reasonable time for inspection by duly constituted officers of

14  the party states and by any persons authorized by the

15  commission.

16         F.  Nothing contained herein shall be construed to

17  prevent commission compliance with laws relating to audit or

18  inspection of accounts by or on behalf of any government

19  contributing to the support of the commission.

20  

21                           ARTICLE VIII

22  

23         ELIGIBLE PARTIES; ENTRY INTO AND WITHDRAWAL.--

24         A.  This compact shall have as eligible parties all

25  states, territories, and possessions of the United States, the

26  District of Columbia, and the Commonwealth of Puerto Rico.  In

27  respect of any such jurisdiction not having a governor, the

28  term "governor," as used in this compact, shall mean the

29  closest equivalent official of such jurisdiction.

30         B.  Any state or other eligible jurisdiction may enter

31  into this compact and it shall become binding thereon when it


                                  41

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  has adopted the same; provided that in order to enter into

 2  initial effect, adoption by at least ten eligible party

 3  jurisdictions shall be required.

 4         C.  Adoption of the compact may be either by enactment

 5  thereof or by adherence thereto by the governor; provided that

 6  in the absence of enactment, adherence by the governor shall

 7  be sufficient to make his or her state a party only until

 8  December 31, 1967. During any period when a state is

 9  participating in this compact through gubernatorial action,

10  the governor shall appoint those persons who, in addition to

11  himself or herself, shall serve as the members of the

12  commission from his or her state, and shall provide to the

13  commission an equitable share of the financial support of the

14  commission from any source available to him or her.

15         D.  Except for a withdrawal effective on December 31,

16  1967, in accordance with paragraph C of this article, any

17  party state may withdraw from this compact by enacting a

18  statute repealing the same, but no such withdrawal shall take

19  effect until one year after the governor of the withdrawing

20  state has given notice in writing of the withdrawal to the

21  governors of all other party states.  No withdrawal shall

22  affect any liability already incurred by or chargeable to a

23  party state prior to the time of such withdrawal.

24  

25                            ARTICLE IX

26  

27         CONSTRUCTION AND SEVERABILITY.--

28         This compact shall be liberally construed so as to

29  effectuate the purposes thereof.  The provisions of this

30  compact shall be severable, and if any phrase, clause,

31  sentence or provision of this compact is declared to be


                                  42

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  contrary to the constitution of any state or of the United

 2  States, or the application thereof to any government, agency,

 3  person or circumstance is held invalid, the validity of the

 4  remainder of this compact and the applicability thereof to any

 5  government, agency, person or circumstance shall not be

 6  affected thereby.  If this compact shall be held contrary to

 7  the constitution of any state participating therein, the

 8  compact shall remain in full force and effect as to the state

 9  affected as to all severable matters.

10         Section 16.  Chapter 1001, Florida Statutes, shall be

11  entitled "K-20 Governance" and shall consist of ss.

12  1001.01-1001.75.

13         Section 17.  Part I of chapter 1001, Florida Statutes,

14  shall be entitled "State-Level Governance" and shall consist

15  of ss. 1001.01-1001.28.

16         Section 18.  Part I.a. of chapter 1001, Florida

17  Statutes, shall be entitled "State Board of Education" and

18  shall consist of ss. 1001.01-1001.03.

19         Section 19.  Section 1001.01, Florida Statutes, is

20  created to read:

21         1001.01  State Board of Education generally.--

22         (1)  The State Board of Education is established as a

23  body corporate. The state board shall be a citizen board

24  consisting of seven members who are residents of the state

25  appointed by the Governor to staggered 4-year terms, subject

26  to confirmation by the Senate. Members of the state board

27  shall serve without compensation but shall be entitled to

28  reimbursement of travel and per diem expenses in accordance

29  with s. 112.061. Members may be reappointed by the Governor

30  for additional terms not to exceed 8 years of consecutive

31  service.


                                  43

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (2)  The State Board of Education shall select a chair

 2  and a vice chair from its appointed members. The chair shall

 3  serve a 2-year term and may be reselected for one additional

 4  consecutive term.

 5         (3)  Four members of the State Board of Education shall

 6  constitute a quorum. No business may be transacted at any

 7  meeting unless a quorum is present.

 8         Section 20.  Section 1001.02, Florida Statutes, is

 9  created to read:

10         1001.02  General powers of State Board of Education.--

11         (1)  The State Board of Education is the chief

12  implementing and coordinating body of public education in

13  Florida, and it shall focus on high-level policy decisions. It

14  has authority to adopt rules pursuant to ss. 120.536(1) and

15  120.54 to implement the provisions of law conferring duties

16  upon it for the improvement of the state system of K-20 public

17  education.  Except as otherwise provided herein, it may, as it

18  finds appropriate, delegate its general powers to the

19  Commissioner of Education or the directors of the divisions of

20  the department.

21         (2)  The State Board of Education has the following

22  duties:

23         (a)  To adopt comprehensive educational objectives for

24  public education.

25         (b)  To adopt comprehensive long-range plans and

26  short-range programs for the development of the state system

27  of public education.

28         (c)  To exercise general supervision over the divisions

29  of the Department of Education as necessary to ensure

30  coordination of educational plans and programs and resolve

31  controversies and to minimize problems of articulation and


                                  44

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  student transfers, to ensure that students moving from one

 2  level of education to the next have acquired competencies

 3  necessary for satisfactory performance at that level, and to

 4  ensure maximum utilization of facilities.

 5         (d)  To adopt for state universities and community

 6  colleges, and from time to time modify, minimum and uniform

 7  standards of college-level communication and computation

 8  skills generally associated with successful performance and

 9  progression through the baccalaureate level and to identify

10  college-preparatory high school coursework and

11  postsecondary-level coursework that prepares students with the

12  academic skills necessary to succeed in postsecondary

13  education.

14         (e)  To adopt and submit to the Governor and

15  Legislature, on or before September 1 of each year, a

16  coordinated K-20 education budget that estimates the

17  expenditure requirements for the State Board of Education,

18  including the Department of Education, the Commissioner of

19  Education, and all of the boards, institutions, agencies, and

20  services under the general supervision of the State Board of

21  Education for the ensuing fiscal year. Any program recommended

22  by the State Board of Education which will require increases

23  in state funding for more than 1 year must be presented in a

24  multiyear budget plan.

25         (f)  To hold meetings, transact business, keep records,

26  adopt a seal, and perform such other duties as may be

27  necessary for the enforcement of all laws and rules relating

28  to the state system of public education.

29         (g)  To approve plans for cooperating with the Federal

30  Government.

31  


                                  45

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (h)  To approve plans for cooperating with other public

 2  agencies in the development of rules and in the enforcement of

 3  laws for which the state board and such agencies are jointly

 4  responsible.

 5         (i)  To review plans for cooperating with appropriate

 6  nonpublic agencies for the improvement of conditions relating

 7  to the welfare of schools.

 8         (j)  To create such subordinate advisory bodies as are

 9  required by law or as it finds necessary for the improvement

10  of education.

11         (k)  To constitute any education bodies or other

12  structures as required by federal law.

13         (l)  To assist in the economic development of the state

14  by developing a state-level planning process to identify

15  future training needs for industry, especially high-technology

16  industry.

17         (m)  To assist in the planning and economic development

18  of the state by establishing a clearinghouse for information

19  on educational programs of value to economic development.

20         (n)  To adopt cohesive rules pursuant to ss. 120.536(1)

21  and 120.54, within statutory authority, for education

22  systemwide issues.

23         (o)  To authorize the allocation of resources in

24  accordance with law and rule.

25         (p)  To contract with independent institutions

26  accredited by an agency whose standards are comparable to the

27  minimum standards required to operate a postsecondary

28  educational institution at that level in the state. The

29  purpose of the contract is to provide those educational

30  programs and facilities which will meet needs unfulfilled by

31  the state system of public postsecondary education.


                                  46

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (q)  To recommend that a district school board take

 2  action consistent with the state board's decision relating to

 3  an appeal of a charter school application.

 4         (r)  To enforce systemwide education goals and

 5  policies.

 6         (s)  To establish a detailed procedure for the

 7  implementation and operation of a systemwide K-20 technology

 8  plan that is based on a common set of data definitions.

 9         (t)  To establish accountability standards for existing

10  legislative performance goals, standards, and measures, and

11  order the development of mechanisms to implement new

12  legislative goals, standards, and measures.

13         (u)  To adopt criteria and implementation plans for

14  future growth issues, such as new colleges and universities

15  and campus mergers, and to provide for cooperative agreements

16  between and within public and private education sectors.

17         (v)  To develop, and periodically review for

18  adjustment, a coordinated 5-year plan for postsecondary

19  enrollment and annually submit the plan to the Legislature.

20         (w)  To approve a new program at the professional level

21  or doctoral level, if:

22         1.  The university has taken into account the need and

23  demand for the program, the university's mission, and similar

24  program offerings by public and nonpublic counterparts.

25         2.  The addition of the program will not alter the

26  university's emphasis on undergraduate education.

27         (x)  To review, and approve or disapprove, degree

28  programs identified as unique pursuant to s. 1007.25.

29         (y)  To recommend to the Legislature a plan for

30  implementing block tuition programs and providing other

31  incentives to encourage students to graduate within 4 years.


                                  47

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (3)  The State Board of Education shall adopt rules to

 2  establish the criteria for assigning, reviewing, and removing

 3  limited-access status to an educational program. The State

 4  Board of Education shall monitor the extent of limited-access

 5  programs within the state universities and report to the

 6  Legislature admissions and enrollment data for limited-access

 7  programs. Such report shall be submitted annually by December

 8  1 and shall assist in determining the potential need for

 9  academic program contracts with independent institutions

10  pursuant to paragraph (2)(p). The report must specify, for

11  each limited-access program within each institution, the

12  following categories, by race and gender:

13         (a)  The number of applicants.

14         (b)  The number of applicants granted admission.

15         (c)  The number of applicants who are granted admission

16  and enroll.

17         (d)  The number of applicants denied admission.

18         (e)  The number of applicants neither granted admission

19  nor denied admission.

20  

21  Each category must be reported for each term. Each category

22  must be reported by type of student, including the following

23  subcategories: native students, community college associate in

24  arts degree transfer students, and other students. Each

25  category and subcategory must further be reported according to

26  the number of students who meet or exceed the minimum

27  eligibility requirements for admission to the program and the

28  number of students who do not meet or exceed the minimum

29  eligibility requirements for admission to the program.

30         (4)  The State Board of Education shall review, and

31  approve or disapprove, baccalaureate-degree programs that


                                  48

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  exceed 120 semester hours, after considering accreditation

 2  requirements, employment and earnings of graduates,

 3  comparative program lengths nationally, and comparisons with

 4  similar programs offered by independent institutions. By

 5  December 31 of each year, the State Board of Education must

 6  report to the Legislature any degrees in the state

 7  universities that require more than 120 hours, along with

 8  appropriate evidence of need. At least every 5 years, the

 9  State Board of Education must determine whether the programs

10  still require more than the standard length of 120 hours.

11         (5)(a)  The State Board of Education shall adopt a

12  systemwide strategic plan that specifies goals and objectives

13  for the state universities and community colleges. In

14  developing this plan, the State Board of Education shall

15  consider the role of individual public and independent

16  institutions within the state. The plan shall provide for the

17  roles of the universities and community colleges to be

18  coordinated to best meet state needs and reflect

19  cost-effective use of state resources. The strategic plan must

20  clarify mission statements and identify degree programs to be

21  offered at each university and community college in accordance

22  with the objectives provided in this subsection. The

23  systemwide strategic plan must cover a period of 5 years, with

24  modification of the program lists after 2 years. Development

25  of each 5-year plan must be coordinated with and initiated

26  after completion of the master plan. The systemwide and

27  university and community college strategic plans must

28  specifically include programs and procedures for responding to

29  the educational needs of teachers and students in the public

30  schools of this state. The state board shall submit a report

31  


                                  49

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  to the President of the Senate and the Speaker of the House of

 2  Representatives upon modification of the system plan.

 3         (b)  The State Board of Education shall develop

 4  long-range plans and annual reports for financial aid in this

 5  state. The long-range plans shall establish goals and

 6  objectives for a comprehensive program of financial aid for

 7  Florida students and shall be updated every 5 years. The

 8  annual report shall include an assessment of progress made in

 9  achieving goals and objectives established in the long-range

10  plans and recommendations for repealing or modifying existing

11  financial aid programs or establishing new programs. A

12  long-range plan shall be submitted by January 1, 2004, and

13  every 5 years thereafter. An annual report shall be submitted

14  on January 1, 2004, and in each successive year that a

15  long-range plan is not submitted, to the President of the

16  Senate and the Speaker of the House of Representatives.

17         (6)  The State Board of Education shall coordinate the

18  programs with the Council for Education Policy Research and

19  Improvement, including doctoral programs. The programs shall

20  be reviewed every 5 years or whenever the state board

21  determines that the effectiveness or efficiency of a program

22  is jeopardized. The State Board of Education shall define the

23  indicators of quality and the criteria for program review for

24  every program. Such indicators include need, student demand,

25  industry-driven competencies for advanced technology and

26  related programs, and resources available to support

27  continuation. The results of the program reviews must be tied

28  to the university and community college budget requests.

29         (7)  The State Board of Education shall:

30  

31  


                                  50

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (a)  Provide for each community college to offer

 2  educational training and service programs designed to meet the

 3  needs of both students and the communities served.

 4         (b)  Specify, by rule, procedures to be used by the

 5  boards of trustees in the annual evaluations of presidents and

 6  review the evaluations of presidents by the boards of

 7  trustees.

 8         (c)  Establish an effective information system that

 9  will provide composite data concerning the community colleges

10  and state universities and ensure that special analyses and

11  studies concerning the institutions are conducted, as

12  necessary, for provision of accurate and cost-effective

13  information concerning the institutions.

14         (d)  Establish criteria for making recommendations for

15  modifying district boundary lines for community colleges.

16         (e)  Establish criteria for making recommendations

17  concerning all proposals for the establishment of additional

18  centers or campuses for community colleges and state

19  universities.

20         (f)  Examine the annual administrative review of each

21  community college and state university.

22         (g)  Specify, by rule, the degree program courses that

23  may be taken by students concurrently enrolled in

24  college-preparatory instruction.

25         (h)  Adopt and submit to the Legislature a 3-year list

26  of priorities for fixed-capital-outlay projects.

27         (8)  The State Board of Education is responsible for

28  reviewing and administering the state program of support for

29  the community colleges and, subject to existing law, shall

30  establish the tuition and out-of-state fees for

31  college-preparatory instruction and for credit instruction


                                  51

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  that may be counted toward an associate in arts degree, an

 2  associate in applied science degree, or an associate in

 3  science degree.

 4         (9)  The State Board of Education shall prescribe

 5  minimum standards, definitions, and guidelines for community

 6  colleges and state universities that will ensure the quality

 7  of education, coordination among the community colleges and

 8  state universities, and efficient progress toward

 9  accomplishing the community college and state university

10  mission. At a minimum, these rules must address:

11         (a)  Personnel.

12         (b)  Contracting.

13         (c)  Program offerings and classification, including

14  college-level communication and computation skills associated

15  with successful performance in college and with tests and

16  other assessment procedures that measure student achievement

17  of those skills. The performance measures must provide that

18  students moving from one level of education to the next

19  acquire the necessary competencies for that level.

20         (d)  Provisions for curriculum development, graduation

21  requirements, college calendars, and program service areas.

22  These provisions must include rules that:

23         1.  Provide for the award of an associate in arts

24  degree to a student who successfully completes 60 semester

25  credit hours at the community college.

26         2.  Require all of the credits accepted for the

27  associate in arts degree to be in the statewide course

28  numbering system as credits towards a baccalaureate degree

29  offered by a state university.

30         3.  Require no more than 36 semester credit hours in

31  general education courses in the subject areas of


                                  52

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  communication, mathematics, social sciences, humanities, and

 2  natural sciences.

 3  

 4  The rules should encourage community colleges to enter into

 5  agreements with state universities that allow community

 6  college students to complete upper-division-level courses at a

 7  community college. An agreement may provide for concurrent

 8  enrollment at the community college and the state university

 9  and may authorize the community college to offer an

10  upper-division-level course or distance learning.

11         (e)  Student admissions, conduct and discipline,

12  nonclassroom activities, and fees.

13         (f)  Budgeting.

14         (g)  Business and financial matters.

15         (h)  Student services.

16         (i)  Reports, surveys, and information systems,

17  including forms and dates of submission.

18         Section 21.  Section 1001.03, Florida Statutes, is

19  created to read:

20         1001.03  Specific powers of State Board of Education.--

21         (1)  PUBLIC K-12 STUDENT PERFORMANCE STANDARDS.--The

22  State Board of Education shall approve the student performance

23  standards known as the Sunshine State Standards in key

24  academic subject areas and grade levels.

25         (2)  DIRECT-SUPPORT ORGANIZATION OF THE DEPARTMENT OF

26  EDUCATION.--The State Board of Education shall govern issues

27  relating to use of property, facilities, and personal services

28  between the Department of Education and its direct-support

29  organization and shall certify that the organization operates

30  at all times in a manner consistent with the goals and best

31  interest of the department, pursuant to s. 1001.24.


                                  53

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (3)  PROFESSIONAL CERTIFICATES.--The State Board of

 2  Education shall classify school services, designate the

 3  certification subject areas, establish competencies, including

 4  the use of technology to enhance student learning, and

 5  certification requirements for all school-based personnel, and

 6  prescribe rules in accordance with which the professional,

 7  temporary, and part-time certificates shall be issued by the

 8  Department of Education to applicants who meet the standards

 9  prescribed by such rules for their class of service, as

10  described in chapter 1012.

11         (4)  PROFESSIONAL TEACHER ASSOCIATIONS.--The State

12  Board of Education shall ensure that not-for-profit,

13  professional teacher associations that offer membership to all

14  teachers, noninstructional personnel, and administrators, and

15  that offer teacher training and staff development at no fee to

16  the district, shall be given equal access to voluntary teacher

17  meetings, be provided access to teacher mailboxes for

18  distribution of professional literature, and be authorized to

19  collect voluntary membership fees through payroll deduction.

20         (5)  IDENTIFICATION OF CRITICAL TEACHER SHORTAGE

21  AREAS.--The State Board of Education shall identify critical

22  teacher shortage areas pursuant to s. 1012.07.

23         (6)  CAPITAL OUTLAY BOND AND MOTOR VEHICLE TAX

24  ANTICIPATION CERTIFICATE RESOLUTIONS.--The State Board of

25  Education shall issue bonds and approve resolutions regarding

26  the expenditure of funds for capital projects and purposes

27  pursuant to the State Constitution and other applicable law.

28         (7)  ARTICULATION ACCOUNTABILITY.--The State Board of

29  Education shall develop articulation accountability measures

30  that assess the status of systemwide articulation processes,

31  


                                  54

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  and shall establish an articulation accountability process in

 2  accordance with the provisions of chapter 1008.

 3         (8)  SYSTEMWIDE ENFORCEMENT.--The State Board of

 4  Education shall enforce compliance with law and state board

 5  rule by all school districts and public postsecondary

 6  educational institutions, in accordance with the provisions of

 7  s. 1008.32.

 8         (9)  MANAGEMENT INFORMATION DATABASES.--The State Board

 9  of Education shall continue to collect and maintain, at a

10  minimum, the management information databases for state

11  universities, and all other components of the public K-20

12  education system as such databases existed on June 30, 2002.

13         (10)  COMMON PLACEMENT TESTING FOR PUBLIC POSTSECONDARY

14  EDUCATION.--The State Board of Education shall develop and

15  implement a common placement test to assess the basic

16  computation and communication skills of students who intend to

17  enter a degree program at any community college or state

18  university.

19         (11)  MINIMUM STANDARDS FOR NONPUBLIC POSTSECONDARY

20  EDUCATION.--The State Board of Education shall adopt minimum

21  standards relating to nonpublic postsecondary education and

22  institutions, in accordance with the provisions of chapter

23  1005.

24         (12)  COMMON POSTSECONDARY DEFINITIONS.--The State

25  Board of Education shall adopt, by rule, common definitions

26  for associate in science degrees and for certificates.

27         (13)  CYCLIC REVIEW OF POSTSECONDARY ACADEMIC

28  PROGRAMS.--The State Board of Education shall provide for the

29  cyclic review of all academic programs in community colleges

30  and state universities at least every 7 years. Program reviews

31  shall document how individual academic programs are achieving


                                  55

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  stated student learning and program objectives within the

 2  context of the institution's mission. The results of the

 3  program reviews shall inform strategic planning, program

 4  development, and budgeting decisions at the institutional

 5  level.

 6         (14)  UNIFORM CLASSIFICATION SYSTEM FOR SCHOOL DISTRICT

 7  ADMINISTRATIVE AND MANAGEMENT PERSONNEL.--The State Board of

 8  Education shall recommend to the Legislature by February 1,

 9  2003, a uniform classification system for school district

10  administrative and management personnel that will facilitate

11  the uniform coding of administrative and management personnel

12  to total district employees.

13         Section 22.  Part I.b. of chapter 1001, Florida

14  Statutes, shall be entitled "Commissioner of Education" and

15  shall consist of ss. 1001.10-1001.11.

16         Section 23.  Section 1001.10, Florida Statutes, is

17  created to read:

18         1001.10  Commissioner of Education; general powers and

19  duties.--The Commissioner of Education is the chief

20  educational officer of the state, and is responsible for

21  giving full assistance to the State Board of Education in

22  enforcing compliance with the mission and goals of the

23  seamless K-20 education system. To facilitate innovative

24  practices and to allow local selection of educational methods,

25  the State Board of Education may authorize the commissioner to

26  waive, upon the request of a district school board, State

27  Board of Education rules that relate to district school

28  instruction and school operations, except those rules

29  pertaining to civil rights, and student health, safety, and

30  welfare. The Commissioner of Education is not authorized to

31  grant waivers for any provisions in rule pertaining to the


                                  56

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  allocation and appropriation of state and local funds for

 2  public education; the election, compensation, and organization

 3  of school board members and superintendents; graduation and

 4  state accountability standards; financial reporting

 5  requirements; reporting of out-of-field teaching assignments

 6  under s. 1012.42; public meetings; public records; or due

 7  process hearings governed by chapter 120. No later than

 8  January 1 of each year, the commissioner shall report to the

 9  Legislature and the State Board of Education all approved

10  waiver requests in the preceding year. Additionally, the

11  commissioner has the following general powers and duties:

12         (1)  To appoint staff necessary to carry out his or her

13  powers and duties.

14         (2)  To advise and counsel with the State Board of

15  Education on all matters pertaining to education; to recommend

16  to the State Board of Education actions and policies as, in

17  the commissioner's opinion, should be acted upon or adopted;

18  and to execute or provide for the execution of all acts and

19  policies as are approved.

20         (3)  To keep such records as are necessary to set forth

21  clearly all acts and proceedings of the State Board of

22  Education.

23         (4)  To have a seal for his or her office with which,

24  in connection with his or her own signature, the commissioner

25  shall authenticate true copies of decisions, acts, or

26  documents.

27         (5)  To recommend to the State Board of Education

28  policies and steps designed to protect and preserve the

29  principal of the State School Fund; to provide an assured and

30  stable income from the fund; to execute such policies and

31  


                                  57

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  actions as are approved; and to administer the State School

 2  Fund.

 3         (6)  To take action on the release of mineral rights

 4  based upon the recommendations of the Board of Trustees of the

 5  Internal Improvement Trust Fund.

 6         (7)  To submit to the State Board of Education, on or

 7  before August 1 of each year, recommendations for a

 8  coordinated K-20 education budget that estimates the

 9  expenditures for the State Board of Education, including the

10  Department of Education, the Commissioner of Education, and

11  all of the boards, institutions, agencies, and services under

12  the general supervision of the State Board of Education for

13  the ensuing fiscal year. Any program recommended to the State

14  Board of Education that will require increases in state

15  funding for more than 1 year must be presented in a multiyear

16  budget plan.

17         (8)  To develop and implement a plan for cooperating

18  with the Federal Government in carrying out any or all phases

19  of the educational program and to recommend policies for

20  administering funds that are appropriated by Congress and

21  apportioned to the state for any or all educational purposes.

22         (9)  To develop and implement policies for cooperating

23  with other public agencies in carrying out those phases of the

24  program in which such cooperation is required by law or is

25  deemed by the commissioner to be desirable and to cooperate

26  with public and nonpublic agencies in planning and bringing

27  about improvements in the educational program.

28         (10)  To prepare forms and procedures as are necessary

29  to be used by district school boards and all other educational

30  agencies to assure uniformity, accuracy, and efficiency in the

31  keeping of records, the execution of contracts, the


                                  58

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  preparation of budgets, or the submission of reports; and to

 2  furnish at state expense, when deemed advisable by the

 3  commissioner, those forms that can more economically and

 4  efficiently be provided.

 5         (11)  To implement a program of school improvement and

 6  education accountability designed to provide all students the

 7  opportunity to make adequate learning gains in each year of

 8  school as provided by statute and State Board of Education

 9  rule based upon the achievement of the state education goals,

10  recognizing the following:

11         (a)  The State Board of Education is the body corporate

12  responsible for the supervision of the system of public

13  education.

14         (b)  The district school board is responsible for

15  school and student performance.

16         (c)  The individual school is the unit for education

17  accountability.

18         (d)  The community college board of trustees is

19  responsible for community college performance and student

20  performance.

21         (e)  The university board of trustees is responsible

22  for university performance and student performance.

23         (12)  To establish a Citizen Information Center

24  responsible for the preparation, publication, and distribution

25  of materials relating to the state system of seamless K-20

26  public education.

27         (13)  To prepare and publish annually reports giving

28  statistics and other useful information pertaining to the

29  Opportunity Scholarship Program.

30  

31  


                                  59

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (14)  To have printed or electronic copies of school

 2  laws, forms, instruments, instructions, and rules of the State

 3  Board of Education and provide for their distribution.

 4         (15)  To develop criteria for use by state

 5  instructional materials committees in evaluating materials

 6  submitted for adoption consideration. The criteria shall, as

 7  appropriate, be based on instructional expectations reflected

 8  in curriculum frameworks and student performance standards.

 9  The criteria for each subject or course shall be made

10  available to publishers of instructional materials pursuant to

11  the requirements of chapter 1006.

12         (16)  To prescribe procedures for evaluating

13  instructional materials submitted by publishers and

14  manufacturers in each adoption.

15  

16  The commissioner's office shall operate all statewide

17  functions necessary to support the State Board of Education

18  and the K-20 education system, including strategic planning

19  and budget development, general administration, and assessment

20  and accountability.

21         Section 24.  Section 1001.11, Florida Statutes, is

22  created to read:

23         1001.11  Commissioner of Education; other duties.--

24         (1)  The Commissioner of Education must independently

25  perform the following duties:

26         (a)  Cooperate with and coordinate responses to

27  requests from the members of the Legislature.

28         (b)  Serve as the primary source of information to the

29  Legislature, including the President of the Senate and the

30  Speaker of the House of Representatives, concerning the State

31  Board of Education and the K-20 education system.


                                  60

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (c)  Develop and implement a process for receiving and

 2  processing requests, in conjunction with the Legislature, for

 3  the allocation of PECO funds for qualified postsecondary

 4  education projects.

 5         (d)  Integrally work with the boards of trustees of the

 6  state universities and community colleges.

 7         (e)  Monitor the activities of the State Board of

 8  Education and provide information related to current and

 9  pending policies to the members of the boards of trustees of

10  the community colleges and state universities.

11         (f)  Ensure the timely provision of information

12  requested by the Legislature from the State Board of

13  Education, the commissioner's office, and the Department of

14  Education.

15         (2)(a)  The Commissioner of Education shall recommend

16  to the State Board of Education performance goals addressing

17  the educational needs of the state for the K-20 education

18  system. The Council for Education Policy Research and

19  Improvement, as an independent entity, shall develop a report

20  card assigning grades to indicate Florida's progress toward

21  meeting those goals. The annual report card shall contain

22  information showing Florida's performance relative to other

23  states on selected measures, as well as Florida's ability to

24  meet the need for postsecondary degrees and programs and how

25  well the Legislature has provided resources to meet this need.

26  The information shall include the results of the National

27  Assessment of Educational Progress or a similar national

28  assessment program administered to students in Florida. By

29  January 1 of each year, the Council for Education Policy

30  Research and Improvement shall submit the report card to the

31  Legislature, the Governor, and the public.


                                  61

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  Prior to the regular legislative session, the

 2  Commissioner of Education shall present to the Legislature a

 3  plan for correcting any deficiencies identified in the report

 4  card.

 5         (3)  Notwithstanding any other provision of law to the

 6  contrary, the Commissioner of Education, in conjunction with

 7  the Legislature, must recommend funding priorities for the

 8  distribution of capital outlay funds for public postsecondary

 9  educational institutions, based on priorities that include,

10  but are not limited to, the following criteria:

11         (a)  Growth at the institutions.

12         (b)  Need for specific skills statewide.

13         (c)  Need for maintaining and repairing existing

14  facilities.

15         (4)  The commissioner shall develop and implement an

16  integrated K-20 information system for educational management

17  in accordance with the requirements of chapter 1008.

18         (5)  The commissioner shall design and implement a

19  statewide program of educational assessment that provides

20  information for the improvement of the operation and

21  management of the public schools, including schools operating

22  for the purpose of providing educational services to youth in

23  Department of Juvenile Justice programs, in accordance with

24  the requirements of chapter 1008.

25         (6)  The commissioner is responsible for implementing

26  and maintaining a system of intensive school improvement and

27  stringent education accountability, in accordance with the

28  requirements of chapter 1008.

29         Section 25.  Part I.c. of chapter 1001, Florida

30  Statutes, shall be entitled "Department of Education" and

31  shall consist of ss. 1001.20-1001.28.


                                  62

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 26.  Section 1001.20, Florida Statutes, is

 2  created to read:

 3         1001.20  Department under direction of state board.--

 4         (1)  The Department of Education shall be organized

 5  consistently with the requirements of s. 20.15, and shall act

 6  as an administrative and supervisory agency under the

 7  implementation direction of the State Board of Education.

 8         (2)  The department is to be located in the offices of

 9  the Commissioner of Education and shall assist in providing

10  professional leadership and guidance and in carrying out the

11  policies, procedures, and duties authorized by law or by the

12  State Board of Education or found necessary by it to attain

13  the purposes and objectives of this code.

14         (3)  The Department of Education shall maintain an

15  Office of the Commissioner of Education that includes the

16  general areas of operation that are common to all delivery

17  sectors, such as administration, communication, legal

18  services, financial aid, and government and public relations,

19  in order to increase efficiency, improve service delivery to

20  students, and fully support the operational needs of the State

21  Board of Education.

22         (4)  The Department of Education shall establish the

23  following offices within the Office of the Commissioner of

24  Education which shall coordinate their activities with all

25  other divisions and offices:

26         (a)  Office of Technology and Information

27  Services.--Responsible for developing a systemwide technology

28  plan, making budget recommendations to the commissioner,

29  providing data collection and management for the system, and

30  coordinating services with other state, local, and private

31  agencies. The office shall develop a method to address the


                                  63

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  need for a statewide approach to planning and operations of

 2  library and information services to achieve a single K-20

 3  education system library information portal and a unified

 4  higher education library management system. The Florida

 5  Virtual School shall be administratively housed within the

 6  office.

 7         (b)  Office of Workforce and Economic

 8  Development.--Responsible for evaluating the role of each

 9  sector of education in Florida's workforce and economic

10  development, assessing the specific work skills and variety of

11  careers provided, and reporting to the State Board of

12  Education the effectiveness of each sector.

13         (c)  Office of Educational Facilities and SMART Schools

14  Clearinghouse.--Responsible for validating all educational

15  plant surveys and verifying Florida Inventory of School Houses

16  (FISH) data.  The office shall provide technical assistance to

17  public school districts when requested.

18         (d)  Office of Student Financial

19  Assistance.--Responsible for providing access to and

20  administering state and federal grants, scholarships, and

21  loans to those students seeking financial assistance for

22  postsecondary study pursuant to program criteria and

23  eligibility requirements.

24         (e)  Office of Inspector General.--Organized using

25  existing resources and funds and responsible for promoting

26  accountability, efficiency, and effectiveness and detecting

27  fraud and abuse within school districts, community colleges,

28  and state universities in Florida. If the Commissioner of

29  Education determines that a district school board or public

30  postsecondary educational institution board is unwilling or

31  unable to address substantiated allegations made by any person


                                  64

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  relating to waste, fraud, or financial mismanagement, the

 2  office shall conduct, coordinate, or request investigations

 3  into substantiated allegations made by any person relating to

 4  waste, fraud, or financial mismanagement within school

 5  districts, community colleges, and state universities in

 6  Florida. The office shall have access to all information and

 7  personnel necessary to perform its duties and shall have all

 8  of its current powers, duties, and responsibilities authorized

 9  in s. 20.055.

10         Section 27.  Section 1001.21, Florida Statutes, is

11  created to read:

12         1001.21  Office of Private Schools and Home Education

13  Programs.--The state recognizes the contributions of private

14  schools and home education programs in providing alternatives

15  to public school education. These nongovernmental educational

16  systems serve the public, but are not considered to be a part

17  of the public system of education.

18         (1)  The Office of Private Schools and Home Education

19  Programs is established within the Department of Education.

20  The Department of Education and the Commissioner of Education

21  have no authority over the institutions or students served by

22  the office. The office shall:

23         (a)  Serve the interests of students and the parents of

24  students in private schools and home education programs.

25         (b)  Serve the interests of private institutions.

26         (c)  Provide general information to the public about

27  private and home education delivery systems.

28         (2)  The Commissioner of Education shall appoint an

29  executive director for the office who shall:

30  

31  


                                  65

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (a)  Serve as a source of communication between private

 2  schools, home education programs, the Commissioner of

 3  Education, and the State Board of Education.

 4         (b)  Evaluate pending policy to ensure that the policy

 5  does not subject private schools and home education programs

 6  to additional regulation or mandates.

 7         (c)  Establish a clearinghouse of information for the

 8  public.

 9         (d)  Foster a collaborative spirit and working

10  relationship among private schools, home education programs,

11  and the public sector.

12         (e)  Identify and convey the best practices of private

13  schools and home education programs for the benefit of the

14  public and private education delivery sectors.

15         (f)  Represent issues and concerns relating to home

16  education programs and private schools on all applicable ad

17  hoc advisory bodies.

18         Section 28.  Section 1001.22, Florida Statutes, is

19  created to read:

20         1001.22  Commission for Independent Education.--The

21  Commission for Independent Education shall authorize granting

22  of certificates, diplomas, and degrees for independent

23  postsecondary educational institutions pursuant to chapter

24  1005.

25         Section 29.  Section 1001.23, Florida Statutes, is

26  created to read:

27         1001.23  Specific powers and duties of the Department

28  of Education.--In addition to all other duties assigned to it

29  by law or by rule of the State Board of Education, the

30  department shall:

31  


                                  66

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (1)  Adopt the school readiness uniform screening

 2  developed by the Florida Partnership for School Readiness, in

 3  accordance with the criteria itemized in chapter 1008.

 4         (2)  Implement a training program to develop among

 5  state and district educators a cadre of facilitators of school

 6  improvement in accordance with the provisions of chapter 1008.

 7         (3)  Identify the needs of the state system of public

 8  education as they relate to the development and production of

 9  materials used in instruction, in accordance with the

10  requirements of chapter 1006.

11         (4)  After complying with the provisions of s. 257.37,

12  the Department of Education may:

13         (a)  Photograph, microphotograph, or reproduce on film

14  or prints, documents, records, data, and information of a

15  permanent character and destroy any of the documents after

16  they have been photographed and after audit of the department

17  has been completed for the period embracing the dates of the

18  instruments. Photographs or microphotographs in the form of

19  film or prints made in compliance with the provisions of this

20  subsection shall have the same force and effect as the

21  originals would have, and shall be treated as originals for

22  the purpose of their admissibility in evidence. Duly certified

23  or authenticated reproductions of such photographs or

24  microphotographs shall be admitted in evidence equally with

25  the original photographs or microphotographs.

26         (b)  Destroy general correspondence that is over 3

27  years old; records of bills, accounts, vouchers, and

28  requisitions that are over 5 years old and copies of which

29  have been filed with the Comptroller; and other records,

30  papers, and documents over 3 years old that do not serve as

31  


                                  67

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  part of an agreement or understanding and do not have value as

 2  permanent records.

 3         Section 30.  Section 1001.24, Florida Statutes, is

 4  created to read:

 5         1001.24  Direct-support organization; use of property;

 6  board of directors; audit.--

 7         (1)  DEFINITIONS.--For the purposes of this section,

 8  the term:

 9         (a)  "Department of Education direct-support

10  organization" means an organization:

11         1.  That is a corporation not for profit that is

12  incorporated under the provisions of chapter 617 and approved

13  by the Department of State.

14         2.  That is organized and operated exclusively to

15  receive, hold, invest, and administer property and to make

16  expenditures to or for the benefit of public prekindergarten

17  through 12th grade education in this state.

18         3.  That the State Board of Education, after review,

19  has certified to be operating in a manner consistent with the

20  goals and best interest of the Department of Education.

21         (b)  "Personal services" includes full-time or

22  part-time personnel, as well as payroll processing.

23         (2)  USE OF PROPERTY.--The State Board of Education:

24         (a)  May permit the use of property, facilities, and

25  personal services of the department by the direct-support

26  organization, subject to the provisions of this section.

27         (b)  Shall prescribe by rule conditions with which the

28  direct-support organization must comply in order to use

29  property, facilities, or personal services of the department.

30  Such rules shall provide for budget and audit review and for

31  oversight by the department.


                                  68

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (c)  Shall not permit the use of property, facilities,

 2  or personal services of the direct-support organization if

 3  such organization does not provide equal employment

 4  opportunities to all persons, regardless of race, color,

 5  national origin, gender, age, or religion.

 6         (3)  BOARD OF DIRECTORS.--The board of directors of the

 7  department direct-support organization shall be appointed by

 8  the commissioner and shall include representation from

 9  business, industry, and other components of Florida's economy.

10         (4)  ANNUAL AUDIT.--Each direct-support organization

11  shall provide for an annual financial audit in accordance with

12  s. 215.981. The identity of donors who desire to remain

13  anonymous shall be protected, and that anonymity shall be

14  maintained in the auditor's report. All records of the

15  organization other than the auditor's report, management

16  letter, and any supplemental data requested by the Auditor

17  General and the Office of Program Policy Analysis and

18  Government Accountability shall be confidential and exempt

19  from the provisions of s. 119.07(1).

20         Section 31.  Section 1001.25, Florida Statutes, is

21  created to read:

22         1001.25  Educational television.--

23         (1)  ESTABLISHMENT AND UTILIZATION OF NETWORK.--The

24  department may establish a television network connecting such

25  communities or such stations as it designates. For this

26  purpose, it may lease facilities in the name of the state from

27  communications' common carriers and use such transmission

28  channels as are necessary; however, if the department decides,

29  upon investigation, that it could more economically construct

30  and maintain such transmission channels, it may design,

31  construct, operate, and maintain them, including a television


                                  69

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  microwave network. The network shall be utilized primarily for

 2  the instruction of students at existing and future public and

 3  private educational institutions and of the general public, as

 4  practical. The origination and transmission of all programs

 5  over such networks shall be as directed under policies

 6  approved by the State Board of Education. The department may

 7  cooperate with and assist all local and state educational

 8  agencies in making surveys pertaining to the use and economics

 9  of educational television in the fields of primary,

10  elementary, secondary, or college level education and in the

11  field of adult education, and may assist all public agencies

12  in the planning of programs calculated to further the

13  education of the state's citizens.

14         (2)  POWERS OF DEPARTMENT.--

15         (a)  The department may encourage:

16         1.  The extension of educational television network

17  facilities.

18         2.  The coordination of Florida's educational

19  television with that of other states and with the Federal

20  Government.

21         3.  The further development of educational television

22  within the state.

23         (b)  The department shall provide through educational

24  television and other electronic media a means of extending

25  educational services to all the state system of public

26  education, except the state universities, which provision by

27  the department is limited by paragraph (c) and by s.

28  1006.26(1). The department shall recommend to the State Board

29  of Education rules necessary to provide such services.

30         (c)  The department may provide equipment, funds, and

31  other services to extend and update both the existing and the


                                  70

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  proposed educational television and radio systems of

 2  tax-supported and nonprofit, corporate-owned facilities.  All

 3  stations funded must be qualified by the Corporation for

 4  Public Broadcasting.  New stations eligible for funding shall

 5  provide a first service to an audience that is not currently

 6  receiving a broadcast signal or provide a significant new

 7  program service as defined by State Board of Education rules.

 8  Funds appropriated to the department for educational

 9  television and funds appropriated to the department for

10  educational radio may be used by the department for either

11  educational television or educational radio, or both.

12         (3)  PROHIBITED USE, PENALTY.--

13         (a)  None of the facilities, plant, or personnel of any

14  educational television system that is supported in whole or in

15  part by state funds shall be used directly or indirectly for

16  the promotion, advertisement, or advancement of any political

17  candidate for any municipal, county, legislative,

18  congressional, or state office.  However, fair, open, and free

19  discussion between political candidates for municipal, county,

20  legislative, congressional, or state office may be permitted

21  in order to help materially reduce the excessive cost of

22  campaigns and to ensure that the state's citizens are fully

23  informed about issues and candidates in campaigns. The

24  provisions of this paragraph apply to the advocacy for, or

25  opposition to, any specific program, existing or proposed, of

26  governmental action which includes, but is not limited to,

27  constitutional amendments, tax referenda, and bond issues. The

28  provisions of this paragraph shall be in accordance with rules

29  of the State Board of Education.

30  

31  


                                  71

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  Violation of any prohibition contained in this

 2  section is a misdemeanor of the second degree, punishable as

 3  provided in s. 775.082 or s. 775.083.

 4         (4)  DUTY OF DEPARTMENT.--The department is responsible

 5  for identifying the needs of the state system of public

 6  education as they relate to the development and production of

 7  materials used in instruction. When such identified needs are

 8  considered to be best satisfied by the production of new

 9  materials, the department may commission or contract for the

10  production of such materials.

11         Section 32.  Section 1001.26, Florida Statutes, is

12  created to read:

13         1001.26  Public broadcasting program system.--

14         (1)  There is created a public broadcasting program

15  system for the state. The department shall administer this

16  program system pursuant to rules adopted by the State Board of

17  Education. This program system must complement and share

18  resources with the instructional programming service of the

19  Department of Education and educational UHF, VHF, ITFS, and FM

20  stations in the state. The program system must include:

21         (a)  Support for existing Corporation for Public

22  Broadcasting qualified program system educational radio and

23  television stations and new stations meeting Corporation for

24  Public Broadcasting qualifications and providing a first

25  service to an audience that does not currently receive a

26  broadcast signal or providing a significant new program

27  service as defined by rule by the State Board of Education.

28         (b)  Maintenance of quality broadcast capability for

29  educational stations that are part of the program system.

30         (c)  Interconnection of all educational stations that

31  are part of the program system for simultaneous broadcast and


                                  72

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  of such stations with all universities and other institutions

 2  as necessary for sharing of resources and delivery of

 3  programming.

 4         (d)  Establishment and maintenance of a capability for

 5  statewide program distribution with facilities and staff,

 6  provided such facilities and staff complement and strengthen

 7  existing or future educational television and radio stations

 8  in accordance with paragraph (a) and s. 1001.25(2)(c).

 9         (e)  Provision of both statewide programming funds and

10  station programming support for educational television and

11  educational radio to meet statewide priorities. Priorities for

12  station programming need not be the same as priorities for

13  programming to be used statewide.  Station programming may

14  include, but shall not be limited to, citizens' participation

15  programs, music and fine arts programs, coverage of public

16  hearings and governmental meetings, equal air time for

17  political candidates, and other public interest programming.

18         (2)(a)  The Department of Education is responsible for

19  implementing the provisions of this section pursuant to part

20  III of chapter 287 and may employ personnel, acquire equipment

21  and facilities, and perform all duties necessary for carrying

22  out the purposes and objectives of this section.

23         (b)  The department shall provide through educational

24  television and other electronic media a means of extending

25  educational services to all the state system of public

26  education. The department shall recommend to the State Board

27  of Education rules necessary to provide such services.

28         (c)  The department is authorized to provide equipment,

29  funds, and other services to extend and update both the

30  existing and the proposed educational television and radio

31  systems of tax-supported and nonprofit, corporate-owned


                                  73

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  facilities.  All stations funded must be qualified by the

 2  Corporation for Public Broadcasting.  New stations eligible

 3  for funding shall provide a first service to an audience that

 4  is not currently receiving a broadcast signal or provide a

 5  significant new program service as defined by State Board of

 6  Education rules.  Funds appropriated to the department for

 7  educational television and funds appropriated to the

 8  department for educational radio may be used by the department

 9  for either educational television or educational radio, or for

10  both.

11         (3)  The State Board of Education shall adopt rules for

12  the proper enforcement and carrying out of these provisions.

13         Section 33.  Section 1001.27, Florida Statutes, is

14  created to read:

15         1001.27  State satellite network.--

16         (1)  There is created a state satellite network, which

17  shall provide one-way video and audio transmissions with

18  regional access for all Floridians, state agencies, county and

19  municipal governments, business and industry, and other public

20  and private entities to participate in classroom instruction,

21  continuing education, special events programs, and one-way

22  video teleconferencing.

23         (2)  The network shall consist of compatible satellite

24  receiving equipment at public educational institutions in each

25  of the 28 community college regions.

26         (3)  The department, in consultation with the

27  Department of Management Services, shall implement the

28  provisions of this section and coordinate the network.

29  Specifically, the department shall:

30         (a)  Provide for technical analysis of suitable

31  existing satellite receiving equipment at Florida public


                                  74

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  postsecondary educational institutions for inclusion in the

 2  network.

 3         (b)  Acquire by competitive sealed bid and place

 4  appropriate receiving equipment in those community college

 5  regions of the state in which such equipment is presently not

 6  available at a public postsecondary educational institution.

 7         (c)  Develop an implementation plan that provides for

 8  designation of a site in each community college region for

 9  inclusion in the initial network.  Criteria for selection

10  shall include:

11         1.  Accessibility to a substantial portion of the

12  population of the region.

13         2.  Demonstrated institutional commitment to support

14  and encourage use of the network both within the region and

15  statewide.

16         3.  Willingness to complement state support with

17  matching institutional resources.

18         4.  Evidence of cooperation and coordinated planning

19  with other postsecondary educational institutions in the

20  region.

21         5.  Availability of existing telecommunications

22  equipment which is compatible or adaptable for use in the

23  network.

24         (d)  Identify additional sites for inclusion in the

25  network in the event that demand exceeds the capacity of the

26  initial network.

27         (e)  Coordinate scheduling and encourage use of the

28  network.

29         (f)  Develop operating procedures for the system and

30  recommend fee schedules for both public and private entities

31  wishing to transmit or receive programming through the


                                  75

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  network. Scheduling procedures shall assign the highest

 2  priority to educational programming.

 3         (g)  Provide training for institutional, state agency,

 4  and other personnel in effective techniques for the use of the

 5  network.

 6         (h)  Provide initial startup support for operations,

 7  maintenance, and publicity costs of the network. Continuation

 8  costs in these areas shall be recovered through user fees and

 9  local resources.

10         (4)  All audio components of this system that are not

11  transmitted simultaneously with video to a domestic satellite

12  shall be transmitted through common carriers regulated

13  pursuant to chapter 364.

14         (5)  The State Board of Education may adopt any rules

15  necessary for the implementation of this section.

16         (6)  This section shall be implemented only to the

17  extent specifically authorized and funded by law.

18         Section 34.  Section 1001.28, Florida Statutes, is

19  created to read:

20         1001.28  Distance learning duties.--The duties of the

21  Department of Education concerning distance learning include,

22  but are not limited to, the duty to:

23         (1)  Facilitate the implementation of a statewide

24  coordinated system and resource system for cost-efficient

25  advanced telecommunications services and distance education

26  which will increase overall student access to education.

27         (2)  Coordinate the use of existing resources,

28  including, but not limited to, the state's satellite

29  transponders on the education satellites, the SUNCOM Network,

30  the Florida Information Resource Network (FIRN), the

31  Department of Management Services, the Department of


                                  76

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Corrections, and the Department of Children and Family

 2  Services' satellite communication facilities to support a

 3  statewide advanced telecommunications services and distance

 4  learning network.

 5         (3)  Assist in the coordination of the utilization of

 6  the production and uplink capabilities available through

 7  Florida's public television stations, eligible facilities,

 8  independent colleges and universities, private firms, and

 9  others as needed.

10         (4)  Seek the assistance and cooperation of Florida's

11  cable television providers in the implementation of the

12  statewide advanced telecommunications services and distance

13  learning network.

14         (5)  Seek the assistance and cooperation of Florida's

15  telecommunications carriers to provide affordable student

16  access to advanced telecommunications services and to distance

17  learning.

18         (6)  Coordinate partnerships for development,

19  acquisition, use, and distribution of distance learning.

20         (7)  Secure and administer funding for programs and

21  activities for distance learning from federal, state, local,

22  and private sources and from fees derived from services and

23  materials.

24         (8)  Manage the state's satellite transponder resources

25  and enter into lease agreements to maximize the use of

26  available transponder time.  All net revenue realized through

27  the leasing of available transponder time, after deducting the

28  costs of performing the management function, shall be recycled

29  to support the public education distance learning in this

30  state based upon an allocation formula of one-third to the

31  


                                  77

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Department of Education, one-third to community colleges, and

 2  one-third to state universities.

 3         (9)  Hire appropriate staff which may include a

 4  position that shall be exempt from part II of chapter 110 and

 5  is included in the Senior Management Service in accordance

 6  with s. 110.205.

 7  

 8  Nothing in this section shall be construed to abrogate,

 9  supersede, alter, or amend the powers and duties of any state

10  agency, district school board, community college board of

11  trustees, university board of trustees, or the State Board of

12  Education.

13         Section 35.  Part II of chapter 1001, Florida Statutes,

14  shall be entitled "School District Governance" and shall

15  consist of ss. 1001.30-1001.55.

16         Section 36.  Section 1001.30, Florida Statutes, is

17  created to read:

18         1001.30  District unit.--Each county shall constitute a

19  school district and shall be known as the school district of

20  .... County, Florida.  Each district shall constitute a unit

21  for the control, organization, and administration of schools.

22  The responsibility for the actual operation and administration

23  of all schools needed within the districts in conformity with

24  rules and minimum standards prescribed by the state, and also

25  the responsibility for the provision of any desirable and

26  practicable opportunities authorized by law beyond those

27  required by the state, are delegated by law to the school

28  officials of the respective districts.

29         Section 37.  Section 1001.31, Florida Statutes, is

30  created to read:

31  


                                  78

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         1001.31  Scope of district system.--A district school

 2  system shall include all public schools, classes, and courses

 3  of instruction and all services and activities directly

 4  related to education in that district which are under the

 5  direction of the district school officials.  A district school

 6  system may also include alternative site schools for

 7  disruptive or violent youth. Such schools for disruptive or

 8  violent youth may be funded by each district or provided

 9  through cooperative programs administered by a consortium of

10  school districts, private providers, state and local law

11  enforcement agencies, and the Department of Juvenile Justice.

12  Pursuant to cooperative agreement, a district school system

13  shall provide instructional personnel at juvenile justice

14  facilities of 50 or more beds or slots with access to the

15  district school system database for the purpose of accessing

16  student academic, immunization, and registration records for

17  students assigned to the programs. Such access shall be in the

18  same manner as provided to other schools in the district.

19         Section 38.  Section 1001.32, Florida Statutes, is

20  created to read:

21         1001.32  Management, control, operation,

22  administration, and supervision.--The district school system

23  must be managed, controlled, operated, administered, and

24  supervised as follows:

25         (1)  DISTRICT SYSTEM.--The district school system shall

26  be considered as a part of the state system of public

27  education.  All actions of district school officials shall be

28  consistent and in harmony with state laws and with rules and

29  minimum standards of the state board and the commissioner.

30  District school officials, however, shall have the authority

31  to provide additional educational opportunities, as desired,


                                  79

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  which are authorized, but not required, by law or by the

 2  district school board.

 3         (2)  DISTRICT SCHOOL BOARD.--In accordance with the

 4  provisions of s. 4(b) of Art. IX of the State Constitution,

 5  district school boards shall operate, control, and supervise

 6  all free public schools in their respective districts and may

 7  exercise any power except as expressly prohibited by the State

 8  Constitution or general law.

 9         (3)  DISTRICT SCHOOL SUPERINTENDENT.--Responsibility

10  for the administration and management of the schools and for

11  the supervision of instruction in the district shall be vested

12  in the district school superintendent as the secretary and

13  executive officer of the district school board, as provided by

14  law.

15         (4)  SCHOOL PRINCIPAL OR HEAD OF

16  SCHOOL.--Responsibility for the administration of any school

17  or schools at a given school center, for the supervision of

18  instruction therein, and for providing leadership in the

19  development or revision and implementation of a school

20  improvement plan required pursuant to s. 1001.42(16) shall be

21  delegated to the school principal or head of the school or

22  schools in accordance with rules established by the district

23  school board.

24         Section 39.  Section 1001.33, Florida Statutes, is

25  created to read:

26         1001.33  Schools under control of district school board

27  and district school superintendent.--Except as otherwise

28  provided by law, all public schools conducted within the

29  district shall be under the direction and control of the

30  district school board with the district school superintendent

31  as executive officer.


                                  80

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 40.  Part II.a. of chapter 1001, Florida

 2  Statutes, shall be entitled "District School Boards" and shall

 3  consist of ss. 1001.34-1001.453.

 4         Section 41.  Section 1001.34, Florida Statutes, is

 5  created to read:

 6         1001.34  Membership of district school board.--Each

 7  district school board shall be composed of not less than five

 8  members. Each member of the district school board shall be a

 9  qualified elector of the district in which she or he serves,

10  shall be a resident of the district school board member

11  residence area from which she or he is elected, and shall

12  maintain said residency throughout her or his term of office.

13         Section 42.  Section 1001.35, Florida Statutes, is

14  created to read:

15         1001.35  Term of office.--District school board members

16  shall be elected at the general election in November for terms

17  of 4 years.

18         Section 43.  Section 1001.36, Florida Statutes, is

19  created to read:

20         1001.36  District school board member residence

21  areas.--

22         (1)  For the purpose of electing district school board

23  members, each district shall be divided into at least five

24  district school board member residence areas, which shall be

25  numbered one to five, inclusive, and which shall, as nearly as

26  practicable, be equal in population.

27         (a)  For those school districts, which have seven

28  district school board members, the district may be divided

29  into five district school board member residence areas, with

30  two district school board members elected at large, or the

31  district may be divided into seven district school board


                                  81

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  member residence areas.  In the latter case, the residence

 2  areas shall be numbered one to seven inclusive and shall be

 3  equal in population as nearly as practicable.

 4         (b)  For those school districts which have seven

 5  district school board members, the number of district school

 6  board member residence areas shall be determined by resolution

 7  passed by a majority vote of the district school board.

 8         (2)  Any district school board may make any change that

 9  it deems necessary in the boundaries of any district school

10  board member residence area at any meeting of the district

11  school board, provided that such changes shall be made only in

12  odd-numbered years and that no change that would affect the

13  residence qualifications of any incumbent member shall

14  disqualify such incumbent member during the term for which he

15  or she is elected.

16         (3)  Such changes in boundaries shall be shown by

17  resolutions spread upon the minutes of the district school

18  board, shall be recorded in the office of the clerk of the

19  circuit court, and shall be published at least once in a

20  newspaper published in the district within 30 days after the

21  adoption of the resolution, or, if there be no newspaper

22  published in the district, shall be posted at the county

23  courthouse door for 4 weeks thereafter. A certified copy of

24  this resolution shall be transmitted to the Department of

25  State.

26         Section 44.  Section 1001.361, Florida Statutes, is

27  created to read:

28         1001.361  Election of board by districtwide

29  vote.--Notwithstanding any provision of local law or any

30  county charter, the election of members of the district school

31  board shall be by vote of the qualified electors of the entire


                                  82

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  district in a nonpartisan election as provided in chapter 105.

 2  Each candidate for district school board member shall, at the

 3  time she or he qualifies, be a resident of the district school

 4  board member residence area from which the candidate seeks

 5  election. Each candidate who qualifies to have her or his name

 6  placed on the ballot shall be listed according to the district

 7  school board member residence area in which she or he resides.

 8  Each qualified elector of the district shall be entitled to

 9  vote for one candidate from each district school board member

10  residence area.  The candidate from each district school board

11  member residence area who receives the highest number of votes

12  in the general election shall be elected to the district

13  school board.

14         Section 45.  Section 1001.362, Florida Statutes, is

15  created to read:

16         1001.362  Alternate procedure for the election of

17  district school board members to provide for single-member

18  representation.--

19         (1)  This section shall be known and may be referred to

20  as "The School District Local Option Single-Member

21  Representation Law of 1984."

22         (2)  District school board members shall be elected to

23  office in accordance with the provisions of ss. 1001.36 and

24  1001.361, or as otherwise provided by law, unless a

25  proposition calling for single-member representation within

26  the residence areas of the district is submitted to and

27  approved by a majority of the qualified electors voting on

28  such proposition in the manner provided in subsection (3).

29         (a)  If the district school board is composed of five

30  members, such proposition shall provide that the five members

31  shall reside one in each of five residence areas, the areas


                                  83

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  together covering the entire district and as nearly equal in

 2  population as practicable, pursuant to s. 1001.36, each of

 3  whom shall be elected only by the qualified electors who

 4  reside in the same residence area as the member.

 5         (b)  If the district school board is composed of seven

 6  members, at the option of the school board, such proposition

 7  shall provide that:

 8         1.  Five of the seven members shall reside one in each

 9  of five residence areas, the areas together covering the

10  entire district and as nearly equal in population as

11  practicable, pursuant to s. 1001.36, each of whom shall be

12  elected only by the qualified electors who reside in the same

13  residence area as the member, and two of the seven members

14  shall be elected at large; or

15         2.  All seven members shall reside one in each of seven

16  residence areas, the areas together covering the entire

17  district and as nearly equal in population as practicable,

18  pursuant to s. 1001.36, each of whom shall be elected only by

19  the qualified electors who reside in the same residence area

20  as the member.

21         (c)  All members shall be elected for 4-year terms, but

22  such terms shall be staggered so that, alternately, one more

23  or one less than half of the members elected from residence

24  areas and, if applicable, one of the members elected at large

25  from the entire district are elected every 2 years.  Any

26  member may be elected to an initial term of less than 4 years

27  if necessary to achieve or maintain such system of staggered

28  terms.

29         (3)  A proposition calling for single-member

30  representation within the residence areas of the district

31  shall be submitted to the electors of the district at any


                                  84

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  primary, general, or otherwise-called special election, in

 2  either manner following:

 3         (a)  The district school board may adopt a formal

 4  resolution directing an election to be held to place the

 5  proposition on the ballot.

 6         (b)  The electors of the school district may petition

 7  to have the proposition placed on the ballot by presenting to

 8  the school board petitions signed by not less than 10 percent

 9  of the duly qualified electors residing within the school

10  district.  The number of signatures required shall be

11  determined by the supervisor of elections according to the

12  number of registered electors in the district as of the date

13  the petitioning electors register as a political committee as

14  provided in subsection (4).

15         (4)  The electors petitioning to have the proposition

16  placed on the ballot shall register as a political committee

17  pursuant to s. 106.03, and a specific person shall be

18  designated therein as chair of the committee to act for the

19  committee.

20         (5)(a)  Each petition form circulated for single-member

21  representation within the residence areas of a district where

22  the school board is composed of five members shall include the

23  wording: "As a registered elector of the school district of

24  .... County, Florida, I am petitioning for a referendum

25  election to determine whether the five school board members of

26  said district shall be elected from single-member residence

27  areas by electors residing in each of those areas only."

28         (b)  Each petition form circulated for single-member

29  representation within the residence areas of a district where

30  the district school board is composed of seven members, none

31  of whom are to be elected at large, shall include the wording:


                                  85

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  "As a registered elector of the school district of ....

 2  County, Florida, I am petitioning for a referendum election to

 3  determine whether the seven members of said district shall be

 4  elected from single-member residence areas by electors

 5  residing in each of those areas only."

 6         (c)  Each petition form circulated for single-member

 7  representation within the residence areas of a district where

 8  the school board is composed of seven members, two of whom are

 9  to be elected at large, shall include the wording:  "As a

10  registered elector of the school district of .... County,

11  Florida, I am petitioning for a referendum election to

12  determine whether five of the seven district school board

13  members of said district shall be elected from single-member

14  residence areas by electors residing in each of those areas

15  only, with the two remaining members being elected at large."

16  

17  The petition shall also include space for the signature and

18  address of the elector.  Each signature obtained shall be

19  dated when made and is valid for a period of 4 years following

20  that date.

21         (6)  Upon the filing of the petitions with the district

22  school board by the chair of the committee, the district

23  school board shall submit the petitions to the supervisor of

24  elections for verification of the signatures. Within a period

25  of not more than 30 days, the supervisor of elections shall

26  determine whether the petitions contain the required number of

27  valid signatures.  The supervisor of elections shall be paid

28  by the committee seeking verification the sum of 10 cents for

29  each name checked.

30         (7)  If it is determined that the petitions have the

31  required signatures, the supervisor of elections shall certify


                                  86

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the petitions to the district school board, which shall adopt

 2  a resolution requesting that an election date be set to

 3  conform to the earliest primary, general, or otherwise-called

 4  special election that occurs not less than 30 days after

 5  certification of the petitions.  If it is determined that the

 6  petitions do not contain the required signatures, the

 7  supervisor of elections shall so notify the district school

 8  board, which shall file the petitions without taking further

 9  action, and the matter shall be at an end. No additional names

10  may be added to the petitions, and the petitions may not be

11  used in any other proceeding.

12         (8)  No special election may be called for the sole

13  purpose of presenting the proposition to the vote of the

14  electors.

15         (9)  Any district adopting any of the propositions set

16  forth in this section may thereafter return to the procedures

17  otherwise provided by law by following the same procedure

18  outlined in subsection (3).

19         (10)  No district school board member elected prior to

20  or at the election that approves any revision as permitted

21  herein shall be affected in his or her term of office.  The

22  resolution adopted by the district school board under

23  paragraph (3)(a) or subsection (7) which presents the proposed

24  revision to the electorate for approval shall specify an

25  orderly method and procedure for implementing the revision

26  contemplated in the resolution.

27         Section 46.  Section 1001.363, Florida Statutes, is

28  created to read:

29         1001.363  District school board members to represent

30  entire district.--Each district school board of each district

31  shall represent the entire district.  Each member of the


                                  87

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  district school board shall serve as the representative of the

 2  entire district, rather than as the representative of a

 3  district school board member residence area.

 4         Section 47.  Section 1001.37, Florida Statutes, is

 5  created to read:

 6         1001.37  District school board members shall

 7  qualify.--Before entering upon the duties of office after

 8  being elected, or, if appointed, within 10 days after

 9  receiving notice of appointment, each member of the district

10  school board shall take the prescribed oath of office.

11         Section 48.  Section 1001.371, Florida Statutes, is

12  created to read:

13         1001.371  Organization of district school board.--On

14  the third Tuesday after the first Monday in November of each

15  year, the district school board shall organize by electing a

16  chair. It may elect a vice chair, and the district school

17  superintendent shall act ex officio as the secretary.  If a

18  vacancy should occur in the position of chair, the district

19  school board shall proceed to elect a chair at the next

20  ensuing regular or special meeting.  At the organization

21  meeting, the district school superintendent shall act as chair

22  until the organization is completed.  The chair and secretary

23  shall then make and sign a copy of the proceedings of

24  organization, including the schedule for regular meetings and

25  the names and addresses of all district school officers, and

26  annex their affidavits that the same is a true and correct

27  copy of the original, and the secretary shall file the

28  document within 2 weeks with the Department of Education.

29         Section 49.  Section 1001.372, Florida Statutes, is

30  created to read:

31         1001.372  District school board meetings.--


                                  88

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (1)  REGULAR AND SPECIAL MEETINGS.--The district school

 2  board shall hold not less than one regular meeting each month

 3  for the transaction of business according to a schedule

 4  arranged by the district school board and shall convene in

 5  special sessions when called by the district school

 6  superintendent or by the district school superintendent on

 7  request of the chair of the district school board, or on

 8  request of a majority of the members of the district school

 9  board; provided that actions taken at special meetings shall

10  have the same force and effect as if taken at a regular

11  meeting; and provided further that in the event the district

12  school superintendent should fail to call a special meeting

13  when requested to do so, as prescribed herein, such a meeting

14  may be called by the chair of the district school board or by

15  a majority of the members of the district school board by

16  giving 2 days' written notice of the time and purpose of the

17  meeting to all members and to the district school

18  superintendent, in which event the minutes of the meeting

19  shall set forth the facts regarding the procedure in calling

20  the meeting and the reason therefor and shall be signed either

21  by the chair or by a majority of the members of the district

22  school board.

23         (2)  PLACE OF MEETINGS.--

24         (a)  Except as provided in paragraph (b), all regular

25  and special meetings of the district school board shall be

26  held in the office of the district school superintendent or in

27  a room convenient to that office and regularly designated as

28  the district school board meeting room.

29         (b)  Upon the giving of due public notice, regular or

30  special meetings of the district school board may be held at

31  any appropriate public place in the county.


                                  89

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (c)  For purpose of this section, due public notice

 2  shall consist of publication in a newspaper of general

 3  circulation in the county or in each county where there is no

 4  newspaper of general circulation in the county an announcement

 5  over at least one radio station whose signal is generally

 6  received in the county, a reasonable number of times daily

 7  during the 48 hours immediately preceding the date of such

 8  meeting, or by posting a notice at the courthouse door if no

 9  newspaper is published in the county, at least 2 days prior to

10  the meeting.

11         (3)  REMOVAL OF PERSONS INTERFERING WITH MEETINGS.--The

12  presiding officer of any district school board may order the

13  removal, from a public meeting held by the district school

14  board, of any person interfering with the expeditious or

15  orderly process of such meeting, provided such officer has

16  first issued a warning that continued interference with the

17  orderly processes of the meeting will result in removal.  Any

18  law enforcement authority or a sergeant-at-arms designated by

19  the officer shall remove any person ordered removed pursuant

20  to this section.

21         (4)  MAJORITY A QUORUM.--A majority shall constitute a

22  quorum for any meeting of the district school board.  No

23  business may be transacted at any meeting unless a quorum is

24  present, except that a minority of the district school board

25  may adjourn the meeting from time to time until a quorum is

26  present.

27         Section 50.  Section 1001.38, Florida Statutes, is

28  created to read:

29         1001.38  Vacancies; how filled.--The office of any

30  district school board member shall be vacant when the member

31  removes his or her residence from the district school board


                                  90

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  member residence area from which he or she was elected.  All

 2  vacancies on the district school board shall be filled by

 3  appointment by the Governor.

 4         Section 51.  Section 1001.39, Florida Statutes, is

 5  created to read:

 6         1001.39  District school board members; travel

 7  expenses.--

 8         (1)  In addition to the salary provided in s. 1001.395,

 9  each member of a district school board shall be allowed, from

10  the district school fund, reimbursement of travel expenses as

11  authorized in s. 112.061, except as provided in subsection

12  (2).  Any travel outside the district shall also be governed

13  by the rules of the State Board of Education.

14         (2)  Each district school board may reimburse a

15  district school board member for travel expenses for travel

16  from the member's residence incurred in the performance of a

17  public purpose authorized by law to be performed by the

18  district school board, including, but not limited to,

19  attendance at regular and special board meetings.  Mileage

20  allowance in the amount provided by law for reimbursement of

21  travel expenses, when authorized, shall be computed from the

22  member's place of residence to the place of the meeting or

23  function and return.

24         Section 52.  Effective upon this act becoming a law,

25  section 1001.395, Florida Statutes, is created to read:

26         1001.395  District school board members;

27  compensation.--

28         (1)  Each district school board shall annually

29  determine the salary of its members at the first regular

30  meeting following the organizational meeting held pursuant to

31  s. 1001.371. The proposed salary to be adopted shall be


                                  91

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  noticed at the time of the meeting notice and shall not be

 2  increased during the meeting.  The salary adopted by the

 3  district school board shall be in effect during the succeeding

 4  12 months.

 5         (2)  This section shall apply to any district school

 6  board member elected or reelected at the November 2002 general

 7  election or any subsequent general election and to any person

 8  appointed to fill a vacancy in the office of any such member.

 9         Section 53.  Section 1001.40, Florida Statutes, is

10  created to read:

11         1001.40  District school board to constitute a

12  corporation.--The governing body of each school district shall

13  be a district school board.  Each district school board is

14  constituted a body corporate by the name of "The School Board

15  of .... County, Florida."  In all suits against district

16  school boards, service of process shall be had on the chair of

17  the district school board or, if he or she cannot be found, on

18  the district school superintendent as executive officer of the

19  district school board or, in the absence of the chair and the

20  district school superintendent, on another member of the

21  district school board.

22         Section 54.  Section 1001.41, Florida Statutes, is

23  created to read:

24         1001.41  General powers of district school board.--The

25  district school board, after considering recommendations

26  submitted by the district school superintendent, shall

27  exercise the following general powers:

28         (1)  Determine policies and programs consistent with

29  state law and rule deemed necessary by it for the efficient

30  operation and general improvement of the district school

31  system.


                                  92

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (2)  Adopt rules pursuant to ss. 120.536(1) and 120.54

 2  to implement the provisions of law conferring duties upon it

 3  to supplement those prescribed by the State Board of Education

 4  and the Commissioner of Education.

 5         (3)  Prescribe and adopt standards as are considered

 6  desirable by it for improving the district school system.

 7         (4)  Contract, sue, and be sued.  The district school

 8  board shall constitute the contracting agent for the district

 9  school system.

10         (5)  Perform duties and exercise those responsibilities

11  that are assigned to it by law or by rules of the State Board

12  of Education or the Commissioner of Education and, in addition

13  thereto, those that it may find to be necessary for the

14  improvement of the district school system in carrying out the

15  purposes and objectives of the education code.

16         (6)  Assign students to schools.

17         (7)  Enter into agreements for accepting credit card,

18  charge card, and debit card payments as compensation for

19  goods, services, tuition, and fees, as authorized by law.

20         Section 55.  Section 1001.42, Florida Statutes, is

21  created to read:

22         1001.42  Powers and duties of district school

23  board.--The district school board, acting as a board, shall

24  exercise all powers and perform all duties listed below:

25         (1)  REQUIRE MINUTES AND RECORDS TO BE KEPT.--Require

26  the district school superintendent, as secretary, to keep such

27  minutes and records as are necessary to set forth clearly all

28  actions and proceedings of the school board.

29         (a)  Minutes, recording.--The minutes of each meeting

30  shall be reviewed, corrected if necessary, and approved at the

31  next regular meeting, provided that this action may be taken


                                  93

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  at an intervening special meeting if the district school board

 2  desires.  The minutes shall be kept as a public record in a

 3  permanent location.

 4         (b)  Minutes, contents.--The minutes shall show the

 5  vote of each member present on all matters on which the

 6  district school board takes action.  It shall be the duty of

 7  each member to see to it that both the matter and his or her

 8  vote thereon are properly recorded in the minutes.  Unless

 9  otherwise shown by the minutes, it shall be presumed that the

10  vote of each member present supported any action taken by the

11  district school board in either the exercise of, violation of,

12  or neglect of the powers and duties imposed upon the district

13  school board by law or rule, whether such action is recorded

14  in the minutes or is otherwise established.  It shall also be

15  presumed that the policies, appointments, programs, and

16  expenditures not recorded in the minutes but made and actually

17  in effect in the district school system were made and put into

18  effect at the direction of the district school board, unless

19  it can be shown that they were done without the actual or

20  constructive knowledge of the members of the district school

21  board.

22         (2)  CONTROL PROPERTY.--Subject to rules of the State

23  Board of Education, control property and convey the title to

24  real and personal property.

25         (3)  ADOPT SCHOOL PROGRAM.--Adopt a school program for

26  the entire school district.

27         (4)  ESTABLISHMENT, ORGANIZATION, AND OPERATION OF

28  SCHOOLS.--Adopt and provide for the execution of plans for the

29  establishment, organization, and operation of the schools of

30  the district, including, but not limited to, the following:

31  


                                  94

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (a)  Schools and enrollment plans.--Establish schools

 2  and adopt enrollment plans that may include school attendance

 3  areas and open enrollment provisions.

 4         (b)  Elimination of school centers and consolidation of

 5  schools.--Provide for the elimination of school centers and

 6  the consolidation of schools.

 7         (c)  Adequate educational facilities for all children

 8  without tuition.--Provide adequate educational facilities for

 9  all children without payment of tuition.

10         (d)  Cooperate with school boards of adjoining

11  districts in maintaining schools.--Approve plans for

12  cooperating with school boards of adjoining districts in this

13  state or in adjoining states for establishing school

14  attendance areas composed of territory lying within the

15  districts and for the joint maintenance of district-line

16  schools or other schools which are to serve those attendance

17  areas.  The conditions of such cooperation shall be as

18  follows:

19         1.  Establishment.--The establishment of a school to

20  serve attendance areas lying in more than one district and the

21  plans for maintaining the school and providing educational

22  services to students shall be effected by annual resolutions

23  spread upon the minutes of each district school board

24  concerned, which resolutions shall set out the territorial

25  limits of the areas from which children are to attend the

26  school and the plan to be followed in maintaining and

27  operating the school.

28         2.  Control.--Control of the school or schools involved

29  shall be vested in the district school board of the district

30  in which the school or schools are located unless otherwise

31  agreed by the district school boards.


                                  95

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         3.  Settlement of disagreements.--In the event an

 2  agreement cannot be reached relating to such attendance areas

 3  or to the school or schools therein, the matter may be

 4  referred jointly by the cooperating district school boards or

 5  by either district school board to the Department of Education

 6  for decision under rules of the State Board of Education, and

 7  its decision shall be binding on both school boards.

 8         (e)  Classification and standardization of

 9  schools.--Provide for the classification and standardization

10  of schools.

11         (f)  Opening and closing of schools; fixing uniform

12  date.--Adopt policies for the opening and closing of schools

13  and fix uniform dates.

14         (g)  Observance of school holidays and vacation

15  periods.--Designate the observance of school holidays and

16  vacation periods.

17         (h)  Career and technical classes and schools.--Provide

18  for the establishment and maintenance of career and technical

19  schools, departments, or classes, giving instruction in career

20  and technical education as defined by rules of the State Board

21  of Education, and use any moneys raised by public taxation in

22  the same manner as moneys for other school purposes are used

23  for the maintenance and support of public schools or classes.

24         (i)  District school boards may establish public

25  evening schools.--Have the authority to establish public

26  evening schools.

27         (j)  Cooperate with other agencies in joint

28  projects.--Cooperate with other agencies in joint projects.

29         (k)  Planning time for teachers.--May adopt rules for

30  planning time for teachers in accordance with the provisions

31  of chapter 1012.


                                  96

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (l)  Exceptional students.--Provide for an appropriate

 2  program of special instruction, facilities, and services for

 3  exceptional students as prescribed by the State Board of

 4  Education as acceptable in accordance with the provisions of

 5  s. 1003.57.

 6         (m)  Alternative education programs for students in

 7  residential care facilities.--Provide, in accordance with the

 8  provisions of chapter 1006, educational programs according to

 9  rules of the State Board of Education to students who reside

10  in residential care facilities operated by the Department of

11  Children and Family Services.

12         (n)  Educational services in detention facilities.--In

13  accordance with the provisions of chapter 1006, offer services

14  to students in detention facilities.

15         (5)  PERSONNEL.--Designate positions to be filled,

16  prescribe qualifications for those positions, and provide for

17  the appointment, compensation, promotion, suspension, and

18  dismissal of employees, subject to the requirements of chapter

19  1012. Notwithstanding s. 1012.55 or any other provision of law

20  or rule to the contrary, the district school board may,

21  consistent with adopted district school board policy relating

22  to alternative certification for school principals, appoint

23  persons to the position of school principal who do not hold

24  educator certification.

25         (6)  CHILD WELFARE.--In accordance with the provisions

26  of chapters 1003 and 1006, provide for the proper accounting

27  for all children of school age, for the attendance and control

28  of students at school, and for proper attention to health,

29  safety, and other matters relating to the welfare of children.

30  

31  


                                  97

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (7)  COURSES OF STUDY AND OTHER INSTRUCTIONAL

 2  MATERIALS.--Provide adequate instructional materials for all

 3  students in accordance with the requirements of chapter 1006.

 4         (8)  TRANSPORTATION OF STUDENTS.--After considering

 5  recommendations of the district school superintendent, make

 6  provision for the transportation of students to the public

 7  schools or school activities they are required or expected to

 8  attend; authorize transportation routes arranged efficiently

 9  and economically; provide the necessary transportation

10  facilities, and, when authorized under rules of the State

11  Board of Education and if more economical to do so, provide

12  limited subsistence in lieu thereof; and adopt the necessary

13  rules and regulations to ensure safety, economy, and

14  efficiency in the operation of all buses, as prescribed in

15  chapter 1006.

16         (9)  SCHOOL PLANT.--Approve plans for locating,

17  planning, constructing, sanitating, insuring, maintaining,

18  protecting, and condemning school property as prescribed in

19  chapter 1013 and as follows:

20         (a)  School building program.--Approve and adopt a

21  districtwide school building program.

22         (b)  Sites, buildings, and equipment.--

23         1.  Select and purchase school sites, playgrounds, and

24  recreational areas located at centers at which schools are to

25  be constructed, of adequate size to meet the needs of

26  projected students to be accommodated.

27         2.  Approve the proposed purchase of any site,

28  playground, or recreational area for which district funds are

29  to be used.

30         3.  Expand existing sites.

31         4.  Rent buildings when necessary.


                                  98

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         5.  Enter into leases or lease-purchase arrangements,

 2  in accordance with the requirements and conditions provided in

 3  s. 1013.15(2), with private individuals or corporations for

 4  the rental of necessary grounds and educational facilities for

 5  school purposes or of educational facilities to be erected for

 6  school purposes.  Current or other funds authorized by law may

 7  be used to make payments under a lease-purchase agreement.

 8  Notwithstanding any other statutes, if the rental is to be

 9  paid from funds received from ad valorem taxation and the

10  agreement is for a period greater than 12 months, an approving

11  referendum must be held.  The provisions of such contracts,

12  including building plans, shall be subject to approval by the

13  Department of Education, and no such contract shall be entered

14  into without such approval. As used in this section,

15  "educational facilities" means the buildings and equipment

16  that are built, installed, or established to serve educational

17  purposes and that may lawfully be used. The State Board of

18  Education may adopt such rules as are necessary to implement

19  these provisions.

20         6.  Provide for the proper supervision of construction.

21         7.  Make or contract for additions, alterations, and

22  repairs on buildings and other school properties.

23         8.  Ensure that all plans and specifications for

24  buildings provide adequately for the safety and well-being of

25  students, as well as for economy of construction.

26         (c)  Maintenance and upkeep of school plant.--Provide

27  adequately for the proper maintenance and upkeep of school

28  plants, so that students may attend school without sanitary or

29  physical hazards, and provide for the necessary heat, lights,

30  water, power, and other supplies and utilities necessary for

31  the operation of the schools.


                                  99

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (d)  Insurance of school property.--Carry insurance on

 2  every school building in all school plants including contents,

 3  boilers, and machinery, except buildings of three classrooms

 4  or less that are of frame construction and located in a tenth

 5  class public protection zone as defined by the Florida

 6  Inspection and Rating Bureau, and on all school buses and

 7  other property under the control of the district school board

 8  or title to which is vested in the district school board,

 9  except as exceptions may be authorized under rules of the

10  State Board of Education.

11         (e)  Condemnation of buildings.--Condemn and prohibit

12  the use for public school purposes of any building that can be

13  shown for sanitary or other reasons to be no longer suitable

14  for such use and, when any building is condemned by any state

15  or other government agency as authorized in chapter 1013, see

16  that it is no longer used for school purposes.

17         (10)  FINANCE.--Take steps to assure students adequate

18  educational facilities through the financial procedure

19  authorized in chapters 1010 and 1011 and as prescribed below:

20         (a)  Provide for all schools to operate at least 180

21  days.--Provide for the operation of all public schools, both

22  elementary and secondary, as free schools for a term of at

23  least 180 days or the equivalent on an hourly basis as

24  specified by rules of the State Board of Education; determine

25  district school funds necessary in addition to state funds to

26  operate all schools for such minimum term; and arrange for the

27  levying of district school taxes necessary to provide the

28  amount needed from district sources.

29         (b)  Annual budget.--Cause to be prepared, adopt, and

30  have submitted to the Department of Education as required by

31  law and rules of the State Board of Education, the annual


                                 100

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  school budget, such budget to be so prepared and executed as

 2  to promote the improvement of the district school system.

 3         (c)  Tax levies.--Adopt and spread on its minutes a

 4  resolution fixing the district school tax levy, provided for

 5  under s. 9, Art. VII of the State Constitution, necessary to

 6  carry on the school program adopted for the district for the

 7  next ensuing fiscal year as required by law, and fixing the

 8  district bond interest and sinking fund tax levy necessary for

 9  districts against which bonds are outstanding; and adopt and

10  spread on its minutes a resolution suggesting the tax levy

11  provided for in s. 9, Art. VII of the State Constitution,

12  found necessary to carry on the school program adopted for the

13  district for the next ensuing fiscal year.

14         (d)  School funds.--Require that an accurate account is

15  kept of all funds that should be transmitted to the district

16  school board for school purposes at various periods during the

17  year from all sources and, if any funds are not transmitted

18  promptly, take the necessary steps to have such funds made

19  available.

20         (e)  Borrow money.--Borrow money, as prescribed in ss.

21  1011.12-1011.16, when necessary in anticipation of funds

22  reasonably to be expected during the year as shown by the

23  budget.

24         (f)  Financial records and accounts.--Provide for

25  keeping of accurate records of all financial transactions.

26         (g)  Approval and payment of accounts.--Implement a

27  system of accounting and budgetary control to ensure that

28  payments do not exceed amounts budgeted, as required by law;

29  make available all records for proper audit by state officials

30  or independent certified public accountants; and have prepared

31  required periodic statements to be filed with the Department


                                 101

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  of Education as provided by rules of the State Board of

 2  Education.

 3         (h)  Bonds of employees.--Fix and prescribe the bonds,

 4  and pay the premium on all such bonds, of all school employees

 5  who are responsible for school funds in order to provide

 6  reasonable safeguards for all such funds or property.

 7         (i)  Contracts for materials, supplies, and

 8  services.--Contract for materials, supplies, and services

 9  needed for the district school system.  No contract for

10  supplying these needs shall be made with any member of the

11  district school board, with the district school

12  superintendent, or with any business organization in which any

13  district school board member or the district school

14  superintendent has any financial interest whatsoever.

15         (j)  Purchasing regulations to be secured from

16  Department of Management Services.--Secure purchasing

17  regulations and amendments and changes thereto from the

18  Department of Management Services and prior to any purchase

19  have reported to it by its staff, and give consideration to

20  the lowest price available to it under such regulations,

21  provided a regulation applicable to the item or items being

22  purchased has been adopted by the department. The department

23  should meet with educational administrators to expand the

24  inventory of standard items for common usage in all schools

25  and postsecondary educational institutions.

26         (k)  Protection against loss.--Provide for adequate

27  protection against any loss or damage to school property or

28  loss resulting from any liability for which the district

29  school board or its officers, agents, or employees may be

30  responsible under law.  In fulfilling this responsibility, the

31  district school board may purchase insurance, to be


                                 102

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  self-insured, to enter into risk management programs managed

 2  by district school boards, school-related associations, or

 3  insurance companies, or to have any combination thereof in any

 4  area to the extent the district school board is either

 5  authorized or required by law to contract for insurance.  Any

 6  risk management program entered into pursuant to this

 7  subsection shall provide for strict accountability of all

 8  funds to the member district school boards and an annual audit

 9  by an independent certified public accountant of all receipts

10  and disbursements.

11         (l)  Internal auditor.--May employ an internal auditor

12  to perform ongoing financial verification of the financial

13  records of the school district. The internal auditor shall

14  report directly to the district school board or its designee.

15         (m)  Financial and performance audits.--In addition to

16  the audits required by ss. 11.45 and 218.39, may contract with

17  an independent certified public accountant to conduct a

18  financial or performance audit of its accounts and records

19  retained by it and paid from its public funds.

20         (11)  RECORDS AND REPORTS.--Provide for the keeping of

21  all necessary records and the making of all needed or required

22  reports, as follows:

23         (a)  Forms, blanks, and reports.--Require all employees

24  to keep accurately all records and to make promptly in the

25  proper form all reports required by law or by rules of the

26  State Board of Education.

27         (b)  Reports to the department.--Require that the

28  district school superintendent prepare all reports to the

29  Department of Education that may be required by law or rules

30  of the State Board of Education; see that all such reports are

31  promptly transmitted to the department; withhold the further


                                 103

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  payment of salary to the superintendent or employee when

 2  notified by the department that he or she has failed to file

 3  any report within the time or in the manner prescribed; and

 4  continue to withhold the salary until the district school

 5  board is notified by the department that such report has been

 6  received and accepted, provided that when any report has not

 7  been received by the date due and after due notice has been

 8  given to the district school board of that fact, the

 9  department, if it deems necessary, may require the report to

10  be prepared by a member of its staff, and the district school

11  board shall pay all expenses connected therewith.  Any member

12  of the district school board who is responsible for the

13  violation of this provision is subject to suspension and

14  removal.

15         (c)  Reports to parents.--Require that, at regular

16  intervals, reports are made by school principals or teachers

17  to parents, apprising them of the progress being made by the

18  students in their studies and giving other needful

19  information.

20         (12)  COOPERATION WITH OTHER DISTRICT SCHOOL

21  BOARDS.--May establish and participate in educational

22  consortia that are designed to provide joint programs and

23  services to cooperating school districts, consistent with the

24  provisions of s. 4(b), Art. IX of the State Constitution. The

25  State Board of Education shall adopt rules providing for the

26  establishment, funding, administration, and operation of such

27  consortia.

28         (13)  ENFORCEMENT OF LAW AND RULES.--Require that all

29  laws and rules of the State Board of Education or of the

30  district school board are properly enforced.

31  


                                 104

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (14)  SCHOOL LUNCH PROGRAM.--Assume such

 2  responsibilities and exercise such powers and perform such

 3  duties as may be assigned to it by law or as may be required

 4  by rules of the State Board of Education or, as in the opinion

 5  of the district school board, are necessary to ensure school

 6  lunch services, consistent with needs of students; effective

 7  and efficient operation of the program; and the proper

 8  articulation of the school lunch program with other phases of

 9  education in the district.

10         (15)  PUBLIC INFORMATION AND PARENTAL INVOLVEMENT

11  PROGRAM.--

12         (a)  Adopt procedures whereby the general public can be

13  adequately informed of the educational programs, needs, and

14  objectives of public education within the district, including

15  educational opportunities available through the Florida

16  Virtual School.

17         (b)  Encourage teachers and administrators to keep

18  parents informed of student progress, student programs,

19  student attendance requirements pursuant to ss. 1003.26,

20  1003.27, 414.1251, and 984.151, and availability of resources

21  for academic assistance.

22         (16)  IMPLEMENT SCHOOL IMPROVEMENT AND

23  ACCOUNTABILITY.--Maintain a system of school improvement and

24  education accountability as provided by statute and State

25  Board of Education rule. This system of school improvement and

26  education accountability shall be consistent with, and

27  implemented through, the district's continuing system of

28  planning and budgeting required by this section and ss.

29  1008.385, 1010.01, and 1011.01. This system of school

30  improvement and education accountability shall include, but is

31  not limited to, the following:


                                 105

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (a)  School improvement plans.--Annually approve and

 2  require implementation of a new, amended, or continuation

 3  school improvement plan for each school in the district,

 4  except that a district school board may establish a district

 5  school improvement plan that includes all schools in the

 6  district operating for the purpose of providing educational

 7  services to youth in Department of Juvenile Justice programs.

 8  Such plan shall be designed to achieve the state education

 9  priorities pursuant to s. 1000.03(5) and student performance

10  standards. Each plan shall also address issues relative to

11  budget, training, instructional materials, technology,

12  staffing, student support services, specific school safety and

13  discipline strategies, and other matters of resource

14  allocation, as determined by district school board policy, and

15  shall be based on an analysis of student achievement and other

16  school performance data.

17         (b)  Approval process.--Develop a process for approval

18  of a school improvement plan presented by an individual school

19  and its advisory council. In the event a district school board

20  does not approve a school improvement plan after exhausting

21  this process, the Department of Education shall be notified of

22  the need for assistance.

23         (c)  Assistance and intervention.--

24         1.  Develop a 2-year plan of increasing individualized

25  assistance and intervention for each school in danger of not

26  meeting state standards or making adequate progress, as

27  defined pursuant to statute and State Board of Education rule,

28  toward meeting the goals and standards of its approved school

29  improvement plan.

30  

31  


                                 106

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         2.  Provide assistance and intervention to a school

 2  that is identified as being in performance grade category "D"

 3  pursuant to s. 1008.34 and is in danger of failing.

 4         3.  Develop a plan to encourage teachers with

 5  demonstrated mastery in improving student performance to

 6  remain at or transfer to a school designated as performance

 7  grade category "D" or "F" or to an alternative school that

 8  serves disruptive or violent youths. If a classroom teacher,

 9  as defined by s. 1012.01(2)(a), who meets the definition of

10  teaching mastery developed according to the provisions of this

11  paragraph, requests assignment to a school designated as

12  performance grade category "D" or "F" or to an alternative

13  school that serves disruptive or violent youths, the district

14  school board shall make every practical effort to grant the

15  request.

16         4.  Prioritize, to the extent possible, the

17  expenditures of funds received from the supplemental academic

18  instruction categorical fund under s. 1011.62(1)(f) to improve

19  student performance in schools that receive a performance

20  grade category designation of "D" or "F."

21         (d)  After 2 years.--Notify the Commissioner of

22  Education and the State Board of Education in the event any

23  school does not make adequate progress toward meeting the

24  goals and standards of a school improvement plan by the end of

25  2 years of failing to make adequate progress and proceed

26  according to guidelines developed pursuant to statute and

27  State Board of Education rule. School districts shall provide

28  intervention and assistance to schools in danger of being

29  designated as performance grade category "F," failing to make

30  adequate progress.

31  


                                 107

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (e)  Public disclosure.--Provide information regarding

 2  performance of students and educational programs as required

 3  pursuant to ss. 1008.385 and 1008.22 and implement a system of

 4  school reports as required by statute and State Board of

 5  Education rule that shall include schools operating for the

 6  purpose of providing educational services to youth in

 7  Department of Juvenile Justice programs, and for those

 8  schools, report on the elements specified in s. 1003.52(20).

 9  Annual public disclosure reports shall be in an easy-to-read

10  report card format and shall include the school's student and

11  school performance grade category designation and performance

12  data as specified in state board rule.

13         (f)  School improvement funds.--Provide funds to

14  schools for developing and implementing school improvement

15  plans. Such funds shall include those funds appropriated for

16  the purpose of school improvement pursuant to s. 24.121(5)(c).

17         (17)  LOCAL-LEVEL DECISIONMAKING.--

18         (a)  Adopt policies that clearly encourage and enhance

19  maximum decisionmaking appropriate to the school site. Such

20  policies must include guidelines for schools in the adoption

21  and purchase of district and school site instructional

22  materials and technology, staff training, school advisory

23  council member training, student support services, budgeting,

24  and the allocation of staff resources.

25         (b)  Adopt waiver process policies to enable all

26  schools to exercise maximum flexibility and notify advisory

27  councils of processes to waive school district and state

28  policies.

29         (c)  Develop policies for periodically monitoring the

30  membership composition of school advisory councils to ensure

31  compliance with requirements established in s. 1001.452.


                                 108

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (d)  Adopt policies that assist in giving greater

 2  autonomy, including authority over the allocation of the

 3  school's budget, to schools designated as performance grade

 4  category "A," making excellent progress, and schools rated as

 5  having improved at least two performance grade categories.

 6         (18)  OPPORTUNITY SCHOLARSHIPS.--Adopt policies

 7  allowing students attending schools that have been designated

 8  as performance grade category "F," failing to make adequate

 9  progress, for 2 school years in a 4-year period to attend a

10  higher performing school in the district or an adjoining

11  district or be granted a state opportunity scholarship to a

12  private school, in conformance with s. 1002.38 and State Board

13  of Education rule.

14         (19)  AUTHORITY TO DECLARE AN EMERGENCY.--May declare

15  an emergency in cases in which one or more schools in the

16  district are failing or are in danger of failing and negotiate

17  special provisions of its contract with the appropriate

18  bargaining units to free these schools from contract

19  restrictions that limit the school's ability to implement

20  programs and strategies needed to improve student performance.

21         (20)  SCHOOL-WITHIN-A-SCHOOL.--In order to reduce the

22  anonymity of students in large schools, adopt policies to

23  encourage any school that does not meet the definition of a

24  small school, as established by s. 1013.43(2), to subdivide

25  into schools-within-a-school, that shall operate within

26  existing resources in accordance with the provisions of

27  chapter 1003.

28         (21)  FLORIDA VIRTUAL SCHOOL.--Provide students with

29  access to enroll in courses available through the Florida

30  Virtual School and award credit for successful completion of

31  such courses. Access shall be available to students during or


                                 109

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  after the normal school day, and through summer school

 2  enrollment.

 3         (22)  ADOPT RULES.--Adopt rules pursuant to ss.

 4  120.536(1) and 120.54 to implement this section.

 5         Section 56.  Section 1001.43, Florida Statutes, is

 6  created to read:

 7         1001.43  Supplemental powers and duties of district

 8  school board.--The district school board may exercise the

 9  following supplemental powers and duties as authorized by this

10  code or State Board of Education rule.

11         (1)  STUDENT MANAGEMENT.--The district school board may

12  adopt programs and policies to ensure the safety and welfare

13  of individuals, the student body, and school personnel, which

14  programs and policies may:

15         (a)  Prohibit the possession of weapons and drugs on

16  campus, student hazing, and other activities that could

17  threaten the operation of the school or the safety and welfare

18  of the student body or school personnel.

19         (b)  Require uniforms to be worn by the student body,

20  or impose other dress-related requirements, if the district

21  school board finds that those requirements are necessary for

22  the safety or welfare of the student body or school personnel.

23         (c)  Provide procedures for student dismissal

24  precautions and for granting permission for students to leave

25  school grounds during school hours, including releasing a

26  student from school upon request by a parent or for public

27  appearances of school groups.

28         (d)  Provide procedures for managing protests,

29  demonstrations, sit-ins, walk-outs, or other acts of civil

30  disobedience.

31  


                                 110

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (e)  Provide procedures for detaining students and for

 2  readmission of students after expulsion.

 3         (f)  Regulate student automobile use and parking.

 4         (2)  FISCAL MANAGEMENT.--The district school board may

 5  adopt policies providing for fiscal management of the school

 6  district with respect to school purchasing, facilities,

 7  nonstate revenue sources, budgeting, fundraising, and other

 8  activities relating to the fiscal management of district

 9  resources, including, but not limited to, the policies

10  governing:

11         (a)  Sales calls and demonstrations by agents,

12  solicitors, salespersons, and vendors on campus; local

13  preference criteria for vendors; specifications for quantity

14  purchasing; prioritization of awards for bids; declining bid

15  awards; and purchase requisitions, approvals, and routing.

16         (b)  Sales by booster clubs; marathon fundraisers; and

17  student sales of candy, paper products, or other goods

18  authorized by the district school board.

19         (c)  Inventory and disposal of district property; use

20  of safe-deposit boxes; and selection of real estate

21  appraisers.

22         (d)  Payment of contractors and other service

23  providers.

24         (e)  Accounting systems; petty cash accounts procedures

25  and reporting; school activities funds procedures and

26  reporting; management and reporting of grants from private

27  sources; and management of funds, including auxiliary

28  enterprise funds.

29         (f)  District budgeting system, including setting

30  budget deadlines and schedules, budget planning, and

31  implementation and determination of budget priorities.


                                 111

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (3)  INSTRUCTIONAL AIDS.--The district school board may

 2  adopt policies providing for innovative teaching techniques,

 3  teaching programs and methods, instructional aids and

 4  objectives, extracurricular and interscholastic activities,

 5  and supplemental programs including, but not limited to,

 6  policies providing for:

 7         (a)  Use of technology, including appropriate use of

 8  the Internet as a tool for learning.

 9         (b)  Instructional priorities and objectives, pilot

10  projects and evaluations, curriculum adoption and design, and

11  lesson planning.

12         (c)  Extracurricular and interscholastic activities,

13  including field trips, publishing a student newspaper and

14  other publications, and special programs relating to the arts,

15  music, or other topics of current interest.

16         (d)  Participation in physical education programs,

17  including appropriate physical education attire and protective

18  gear; programs for exceptional students; summer school; and

19  the Title I program, including comparability procedures.

20         (4)  FACILITIES MANAGEMENT.--The district school board

21  may adopt policies providing for management of the physical

22  campus and its environs, including, but not limited to, energy

23  conservation measures; building and ground maintenance;

24  fencing, landscaping, and other property improvements; site

25  acquisition; new construction and renovation; dedication and

26  rededication or naming and renaming of district buildings and

27  other district facilities; and development of facilities

28  management planning and priorities.

29         (5)  SCHOOL COMMUNITY RELATIONS.--The district school

30  board may adopt policies governing public gifts and donations

31  to schools; input from the community concerning instruction


                                 112

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  resources; advertising in schools; participation in community

 2  affairs, including coordination with local governments and

 3  planning authorities; protocols for interagency agreements;

 4  business community partnerships; community use of school

 5  facilities; public solicitations in schools, including the

 6  distribution and posting of promotional materials and

 7  literature; visitors to the school campus; school advisory

 8  councils; and parent volunteers and chaperones.

 9         (6)  LEGAL ISSUES.--The district school board may adopt

10  policies and procedures necessary to implement federal

11  mandates and programs, court orders, and other legal

12  requirements of the state.

13         (7)  FIRST AID AND EMERGENCIES.--The district school

14  board may adopt programs and policies to ensure appropriate

15  response in emergency situations; the provision of first aid

16  to individuals, the student body, and school personnel; and

17  the effective management of student illness, which programs

18  and policies may include, but are not limited to:

19         (a)  The provision of first aid and emergency medical

20  care and the provision of school health care facilities and

21  services.

22         (b)  The provision of school safety patrol.

23         (c)  Procedures for reporting hazards, including

24  threats of nature, bomb threats, threatening messages, and

25  similar occurrences, and the provision of warning systems

26  including alarm systems and other technical devices.

27         (d)  Procedures for evacuating the classrooms,

28  playground, or any other district facility.

29         (e)  Procedures for reporting accidents, including

30  traffic accidents and traffic violations involving

31  district-owned vehicles.


                                 113

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (f)  Student insurance programs.

 2         (8)  STUDENT ASSESSMENT AND AFFAIRS.--The district

 3  school board may adopt policies and procedures governing

 4  attendance monitoring and checks; truancy; graduation

 5  requirements and graduation exercises; fees, fines, and

 6  charges imposed on students; evaluation of student records and

 7  transcripts; transfer of student records; grading and academic

 8  evaluation of students; tests and examinations, including

 9  early examinations; guidance and counseling; and student

10  participation in competitions, student performances and

11  exhibitions, contests for students, and social events.

12         (9)  ADMINISTRATIVE SUPPORT SERVICES.--The district

13  school board may adopt policies and procedures governing

14  purchase of property insurance, including comprehensive

15  general liability insurance; transportation of students for

16  extracurricular activities and special events, including

17  transportation of students in privately owned vehicles;

18  transportation of district personnel, including personal use

19  of district owned vehicles; computer security and computer

20  room access and computer database resources; mail and delivery

21  services, including use of couriers; copyright compliance; and

22  computerized data systems, including computer use,

23  transmission of data, access to the Internet, and other

24  technology-based services.

25         (10)  DISTRICT SCHOOL BOARD GOVERNANCE AND

26  OPERATIONS.--The district school board may adopt policies and

27  procedures necessary for the daily business operation of the

28  district school board, including, but not limited to, the

29  provision of legal services for the district school board;

30  conducting a district legislative program; district school

31  board member participation at conferences, conventions, and


                                 114

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  workshops, including member compensation and reimbursement for

 2  expenses; district school board policy development, adoption,

 3  and repeal; district school board meeting procedures,

 4  including participation via telecommunications networks, use

 5  of technology at meetings, and presentations by nondistrict

 6  personnel; citizen communications with the district school

 7  board and with individual district school board members;

 8  collaboration with local government and other entities as

 9  required by law; and organization of the district school

10  board, including special committees and advisory committees.

11         (11)  PERSONNEL.--The district school board may adopt

12  policies and procedures necessary for the management of all

13  personnel of the school system.

14         (12)  COOPERATION WITH COMMUNITY COLLEGES.--The

15  district school board shall work with the community colleges

16  in the district to ensure that the community college students

17  have access to remedial education.

18         Section 57.  Section 1001.44, Florida Statutes, is

19  created to read:

20         1001.44  Technical centers.--

21         (1)  DISTRICT SCHOOL BOARD MAY ESTABLISH OR ACQUIRE

22  TECHNICAL CENTERS.--Any district school board, after first

23  obtaining the approval of the Department of Education, may, as

24  a part of the district school system, organize, establish and

25  operate a technical center, or acquire and operate a technical

26  school previously established.

27         (2)  DISTRICT SCHOOL BOARDS OF CONTIGUOUS DISTRICTS MAY

28  ESTABLISH OR ACQUIRE TECHNICAL CENTERS.--The district school

29  boards of any two or more contiguous districts may, upon first

30  obtaining the approval of the department, enter into an

31  


                                 115

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  agreement to organize, establish and operate, or acquire and

 2  operate, a technical center under this section.

 3         (3)  TECHNICAL CENTER PART OF DISTRICT SCHOOL SYSTEM

 4  DIRECTED BY A DIRECTOR.--

 5         (a)  A technical center established or acquired under

 6  provisions of law and minimum standards prescribed by the

 7  commissioner shall comprise a part of the district school

 8  system and shall mean an educational institution offering

 9  terminal courses of a technical nature, and courses for

10  out-of-school youth and adults; shall be subject to all

11  applicable provisions of this code; shall be under the control

12  of the district school board of the school district in which

13  it is located; and shall be directed by a director responsible

14  through the district school superintendent to the district

15  school board of the school district in which the center is

16  located.

17         (b)  Each technical center shall maintain an academic

18  transcript for each student enrolled in the center.  Such

19  transcript shall delineate each course completed by the

20  student. Courses shall be delineated by the course prefix and

21  title assigned pursuant to s. 1007.24.  The center shall make

22  a copy of a student's transcript available to any student who

23  requests it.

24         Section 58.  Section 1001.451, Florida Statutes, is

25  created to read:

26         1001.451  Regional consortium service

27  organizations.--In order to provide a full range of programs

28  to larger numbers of students, minimize duplication of

29  services, and encourage the development of new programs and

30  services:

31  


                                 116

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (1)  School districts with 20,000 or fewer unweighted

 2  full-time equivalent students may enter into cooperative

 3  agreements to form a regional consortium service organization.

 4  Each regional consortium service organization shall provide,

 5  at a minimum, three of the following services: exceptional

 6  student education; teacher education centers; environmental

 7  education; federal grant procurement and coordination; data

 8  processing; health insurance; risk management insurance; staff

 9  development; purchasing; or planning and accountability.

10         (2)(a)  Each regional consortium service organization

11  that consists of four or more school districts is eligible to

12  receive, through the Department of Education, an incentive

13  grant of $25,000 per school district to be used for the

14  delivery of services within the participating school

15  districts.

16         (b)  Application for incentive grants shall be made to

17  the Commissioner of Education by July 30 of each year for

18  distribution to qualifying regional consortium service

19  organizations by January 1 of the fiscal year.

20         Section 59.  Section 1001.452, Florida Statutes, is

21  created to read:

22         1001.452  District and school advisory councils.--

23         (1)  ESTABLISHMENT.--

24         (a)  The district school board shall establish an

25  advisory council for each school in the district and shall

26  develop procedures for the election and appointment of

27  advisory council members. Each school advisory council shall

28  include in its name the words "school advisory council." The

29  school advisory council shall be the sole body responsible for

30  final decisionmaking at the school relating to implementation

31  of the provisions of ss. 1008.345, and 1001.42(16). A majority


                                 117

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  of the members of each school advisory council must be persons

 2  who are not employed by the school. Each advisory council

 3  shall be composed of the principal and an appropriately

 4  balanced number of teachers, education support employees,

 5  students, parents, and other business and community citizens

 6  who are representative of the ethnic, racial, and economic

 7  community served by the school.  Technical center and high

 8  school advisory councils shall include students, and middle

 9  and junior high school advisory councils may include students.

10  School advisory councils of technical and adult education

11  centers are not required to include parents as members.

12  Council members representing teachers, education support

13  employees, students, and parents shall be elected by their

14  respective peer groups at the school in a fair and equitable

15  manner as follows:

16         1.  Teachers shall be elected by teachers.

17         2.  Education support employees shall be elected by

18  education support employees.

19         3.  Students shall be elected by students.

20         4.  Parents shall be elected by parents.

21  

22  The district school board shall establish procedures for use

23  by schools in selecting business and community members that

24  include means of ensuring wide notice of vacancies and of

25  taking input on possible members from local business, chambers

26  of commerce, community and civic organizations and groups, and

27  the public at large. The district school board shall review

28  the membership composition of each advisory council. If the

29  district school board determines that the membership elected

30  by the school is not representative of the ethnic, racial, and

31  economic community served by the school, the district school


                                 118

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  board shall appoint additional members to achieve proper

 2  representation. The commissioner shall determine if schools

 3  have maximized their efforts to include on their advisory

 4  councils minority persons and persons of lower socioeconomic

 5  status. Although schools are strongly encouraged to establish

 6  school advisory councils, the district school board of any

 7  school district that has a student population of 10,000 or

 8  fewer may establish a district advisory council which shall

 9  include at least one duly elected teacher from each school in

10  the district.  For the purposes of school advisory councils

11  and district advisory councils, the term "teacher" shall

12  include classroom teachers, certified student services

13  personnel, and media specialists.  For purposes of this

14  paragraph, "education support employee" means any person

15  employed by a school who is not defined as instructional or

16  administrative personnel pursuant to s. 1012.01 and whose

17  duties require 20 or more hours in each normal working week.

18         (b)  The district school board may establish a district

19  advisory council representative of the district and composed

20  of teachers, students, parents, and other citizens or a

21  district advisory council that may be comprised of

22  representatives of each school advisory council.  Recognized

23  schoolwide support groups that meet all criteria established

24  by law or rule may function as school advisory councils.

25         (c)  For those schools operating for the purpose of

26  providing educational services to youth in Department of

27  Juvenile Justice programs, district school boards may

28  establish a district advisory council with appropriate

29  representatives for the purpose of developing and monitoring a

30  district school improvement plan that encompasses all such

31  schools in the district, pursuant to s. 1001.42(16)(a).


                                 119

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (2)  DUTIES.--Each advisory council shall perform such

 2  functions as are prescribed by regulations of the district

 3  school board; however, no advisory council shall have any of

 4  the powers and duties now reserved by law to the district

 5  school board. Each school advisory council shall assist in the

 6  preparation and evaluation of the school improvement plan

 7  required pursuant to s. 1001.42(16). With technical assistance

 8  from the Department of Education, each school advisory council

 9  shall assist in the preparation of the school's annual budget

10  and plan as required by s. 1008.385(1). A portion of funds

11  provided in the annual General Appropriations Act for use by

12  school advisory councils must be used for implementing the

13  school improvement plan.

14         Section 60.  Section 1001.453, Florida Statutes, is

15  created to read:

16         1001.453  Direct-support organization; use of property;

17  board of directors; audit.--

18         (1)  DEFINITIONS.--For the purposes of this section,

19  the term:

20         (a)  "District school board direct-support

21  organization" means an organization that:

22         1.  Is approved by the district school board;

23         2.  Is a Florida corporation not for profit,

24  incorporated under the provisions of chapter 617 and approved

25  by the Department of State; and

26         3.  Is organized and operated exclusively to receive,

27  hold, invest, and administer property and to make expenditures

28  to or for the benefit of public kindergarten through 12th

29  grade education and adult career and technical and community

30  education programs in this state.

31  


                                 120

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  "Personal services" includes full-time or

 2  part-time personnel, as well as payroll processing.

 3         (2)  USE OF PROPERTY.--A district school board:

 4         (a)  Is authorized to permit the use of property,

 5  facilities, and personal services of the district by a

 6  direct-support organization, subject to the provisions of this

 7  section.

 8         (b)  Shall prescribe by rule conditions with which a

 9  district school board direct-support organization must comply

10  in order to use property, facilities, or personal services of

11  the district. Adoption of such rules shall be coordinated with

12  the Department of Education. The rules shall provide for

13  budget and audit review and oversight by the district school

14  board and the department.

15         (c)  Shall not permit the use of property, facilities,

16  or personal services of a direct-support organization if such

17  organization does not provide equal employment opportunities

18  to all persons, regardless of race, color, religion, sex, age,

19  or national origin.

20         (3)  BOARD OF DIRECTORS.--The board of directors of the

21  district school board direct-support organization shall be

22  approved by the district school board.

23         (4)  ANNUAL AUDIT.--Each direct-support organization

24  with more than $100,000 in expenditures or expenses shall

25  provide for an annual financial audit of its accounts and

26  records, to be conducted by an independent certified public

27  accountant in accordance with rules adopted by the Auditor

28  General pursuant to s. 11.45(8) and the Commissioner of

29  Education. The annual audit report shall be submitted within 9

30  months after the fiscal year's end to the district school

31  board and the Auditor General. The Commissioner of Education,


                                 121

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the Auditor General, and the Office of Program Policy Analysis

 2  and Government Accountability have the authority to require

 3  and receive from the organization or the district auditor any

 4  records relative to the operation of the organization. The

 5  identity of donors and all information identifying donors and

 6  prospective donors are confidential and exempt from the

 7  provisions of s. 119.07(1), and that anonymity shall be

 8  maintained in the auditor's report. All other records and

 9  information shall be considered public records for the

10  purposes of chapter 119.

11         Section 61.  Part II.b. of chapter 1001, Florida

12  Statutes, shall be entitled "District School Superintendents"

13  and shall consist of ss. 1001.46-1001.53.

14         Section 62.  Section 1001.46, Florida Statutes, is

15  created to read:

16         1001.46  District school superintendent; election and

17  term of office.--The district school superintendent shall be

18  elected for a term of 4 years or until the election or

19  appointment and qualification of his or her successor.

20         Section 63.  Section 1001.461, Florida Statutes, is

21  created to read:

22         1001.461  District school superintendent; procedures

23  for making office appointive.--

24         (1)  Pursuant to the provisions of s. 5, Art. IX of the

25  State Constitution, the district school superintendent shall

26  be appointed by the district school board in a school district

27  wherein the proposition is affirmed by a majority of the

28  qualified electors voting in the same election making the

29  office of district school superintendent appointive.

30         (2)  To submit the proposition to the electors, the

31  district school board by formal resolution shall request an


                                 122

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  election, that shall be at a general election or a statewide

 2  primary or special election. The board of county

 3  commissioners, upon such timely request from the district

 4  school board, shall cause to be placed on the ballot at such

 5  election the proposition to make the office of district school

 6  superintendent appointive.

 7         (3)  Any district adopting the appointive method for

 8  its district school superintendent may after 4 years return to

 9  its former status and reject the provisions of this section by

10  following the same procedure outlined in subsection (2) for

11  adopting the provisions thereof.

12         Section 64.  Section 1001.462, Florida Statutes, is

13  created to read:

14         1001.462  Oath of district school

15  superintendent.--Before entering upon the duties of his or her

16  office, the district school superintendent shall take the oath

17  of office prescribed by the State Constitution.

18         Section 65.  Section 1001.463, Florida Statutes, is

19  created to read:

20         1001.463  Vacancy in office of district school

21  superintendent.--The office of district school superintendent

22  in any district shall be vacant when the district school

23  superintendent removes his or her residence from the district.

24         Section 66.  Section 1001.464, Florida Statutes, is

25  created to read:

26         1001.464  District school superintendent to devote full

27  time to office.--The position of district school

28  superintendent shall be considered a full-time position.

29         Section 67.  Section 1001.47, Florida Statutes, is

30  created to read:

31         1001.47  District school superintendent; salary.--


                                 123

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (1)  Each district school superintendent shall receive

 2  as salary the amount indicated pursuant to this section.

 3  However, a district school board, by majority vote, may

 4  approve a salary in excess of the amount specified in this

 5  section.

 6         (2)  Notwithstanding the provisions of chapter 145 to

 7  the contrary, the annual salaries of elected district school

 8  superintendents for 1993 and each year thereafter shall be

 9  established at the same amounts as the district school

10  superintendents were paid for fiscal year 1991-1992, adjusted

11  by each annual increase provided for in chapter 145.

12         (3)  This section does not apply to a district school

13  superintendent appointed pursuant to the terms of s. 1001.50.

14         (4)(a)  There shall be an additional $2,000 per year

15  special qualification salary for each district school

16  superintendent who has met the certification requirements

17  established by the Department of Education. Any district

18  school superintendent who is certified during a calendar year

19  shall receive in that year a pro rata share of the special

20  qualification salary based on the remaining period of the

21  year.

22         (b)  In order to qualify for the special qualification

23  salary provided by paragraph (a), the district school

24  superintendent must complete the requirements established by

25  the Department of Education within 6 years after first taking

26  office.

27         (c)  After a district school superintendent meets the

28  requirements of paragraph (a), in order to remain certified

29  the district school superintendent shall thereafter be

30  required to complete each year a course of continuing

31  education as prescribed by the Department of Education.


                                 124

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (5)(a)  The Department of Education shall provide a

 2  leadership development and performance compensation program

 3  for district school superintendents, comparable to chief

 4  executive officer development programs for corporate executive

 5  officers, to include:

 6         1.  A content-knowledge-and-skills phase consisting of:

 7  creative leadership models and theory, demonstration of

 8  effective practice, simulation exercises and personal skills

 9  practice, and assessment with feedback, taught in a

10  professional training setting under the direction of

11  experienced, successful trainers.

12         2.  A competency-acquisition phase consisting of

13  on-the-job application of knowledge and skills for a period of

14  not less than 6 months following the successful completion of

15  the content-knowledge-and-skills phase. The

16  competency-acquisition phase shall be supported by adequate

17  professional technical assistance provided by experienced

18  trainers approved by the department. Competency acquisition

19  shall be demonstrated through assessment and feedback.

20         (b)  Upon the successful completion of both phases and

21  demonstrated successful performance, as determined by the

22  department, a district school superintendent shall be issued a

23  Chief Executive Officer Leadership Development Certificate and

24  shall be given an annual performance salary incentive of not

25  less than $3,000 or more than $7,500 based upon his or her

26  performance evaluation.

27         (c)  A district school superintendent's eligibility to

28  continue receiving the annual performance salary incentive is

29  contingent upon his or her continued performance assessment

30  and followup training prescribed by the department.

31  


                                 125

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 68.  Section 1001.48, Florida Statutes, is

 2  created to read:

 3         1001.48  Secretary and executive officer of the

 4  district school board.--The district school superintendent

 5  shall be the secretary and executive officer of the district

 6  school board, provided that when the district school

 7  superintendent is required to be absent on account of

 8  performing services in the volunteer forces of the United

 9  States or in the National Guard of the state or in the regular

10  Army or Navy of the United States, when said district school

11  superintendent shall be called into active training or service

12  of the United States under an Act of Congress or pursuant to a

13  proclamation by the President of the United States, the

14  district school superintendent shall then be entitled to a

15  leave of absence not to exceed the remaining portion of the

16  term for which he or she was elected.

17         Section 69.  Section 1001.49, Florida Statutes, is

18  created to read:

19         1001.49  General powers of district school

20  superintendent.--The district school superintendent shall have

21  the authority, and when necessary for the more efficient and

22  adequate operation of the district school system, the district

23  school superintendent shall exercise the following powers:

24         (1)  GENERAL OVERSIGHT.--Exercise general oversight

25  over the district school system in order to determine problems

26  and needs, and recommend improvements.

27         (2)  ADVISE, COUNSEL, AND RECOMMEND TO DISTRICT SCHOOL

28  BOARD.--Advise and counsel with the district school board on

29  all educational matters and recommend to the district school

30  board for action such matters as should be acted upon.

31  


                                 126

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (3)  RECOMMEND POLICIES.--Recommend to the district

 2  school board for adoption such policies pertaining to the

 3  district school system as the district school superintendent

 4  may consider necessary for its more efficient operation.

 5         (4)  RECOMMEND AND EXECUTE RULES.--Prepare and organize

 6  by subjects and submit to the district school board for

 7  adoption such rules to supplement those adopted by the State

 8  Board of Education as, in the district school superintendent's

 9  opinion, will contribute to the efficient operation of any

10  aspect of education in the district. When rules have been

11  adopted, the district school superintendent shall see that

12  they are executed.

13         (5)  RECOMMEND AND EXECUTE MINIMUM STANDARDS.--From

14  time to time prepare, organize by subject, and submit to the

15  district school board for adoption such minimum standards

16  relating to the operation of any phase of the district school

17  system as are needed to supplement those adopted by the State

18  Board of Education and as will contribute to the efficient

19  operation of any aspect of education in the district and

20  ensure that minimum standards adopted by the district school

21  board and the state board are observed.

22         (6)  PERFORM DUTIES AND EXERCISE

23  RESPONSIBILITIES.--Perform such duties and exercise such

24  responsibilities as are assigned to the district school

25  superintendent by law and by rules of the State Board of

26  Education.

27         Section 70.  Section 1001.50, Florida Statutes, is

28  created to read:

29         1001.50  Superintendents employed under Art. IX of the

30  State Constitution.--

31  


                                 127

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (1)  In every district authorized to employ a district

 2  school superintendent under Art. IX of the State Constitution,

 3  the district school superintendent shall be the executive

 4  officer of the district school board and shall not be subject

 5  to the provisions of law, either general or special, relating

 6  to tenure of employment or contracts of other school

 7  personnel. The district school superintendent's duties

 8  relating to the district school system shall be as provided by

 9  law and rules of the State Board of Education.

10         (2)  The district school board of each of such

11  districts shall enter into contracts of employment with the

12  district school superintendent and shall adopt rules relating

13  to his or her appointment.

14         (3)  The district school board of each such district

15  shall pay to the district school superintendent a reasonable

16  annual salary. In determining the amount of compensation to be

17  paid, the board shall take into account such factors as:

18         (a)  The population of the district.

19         (b)  The rate and character of population growth.

20         (c)  The size and composition of the student body to be

21  served.

22         (d)  The geographic extent of the district.

23         (e)  The number and character of the schools to be

24  supervised.

25         (f)  The educational qualifications, professional

26  experience, and age of the candidate for the position of

27  district school superintendent.

28         Section 71.  Section 1001.51, Florida Statutes, is

29  created to read:

30         1001.51  Duties and responsibilities of district school

31  superintendent.--The district school superintendent shall


                                 128

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  exercise all powers and perform all duties listed below and

 2  elsewhere in the law, provided that, in so doing, he or she

 3  shall advise and counsel with the district school board. The

 4  district school superintendent shall perform all tasks

 5  necessary to make sound recommendations, nominations,

 6  proposals, and reports required by law to be acted upon by the

 7  district school board.  All such recommendations, nominations,

 8  proposals, and reports by the district school superintendent

 9  shall be either recorded in the minutes or shall be made in

10  writing, noted in the minutes, and filed in the public records

11  of the district school board. It shall be presumed that, in

12  the absence of the record required in this section, the

13  recommendations, nominations, and proposals required of the

14  district school superintendent were not contrary to the action

15  taken by the district school board in such matters.

16         (1)  ASSIST IN ORGANIZATION OF DISTRICT SCHOOL

17  BOARD.--Preside at the organization meeting of the district

18  school board and transmit to the Department of Education,

19  within 2 weeks following such meeting, a certified copy of the

20  proceedings of organization, including the schedule of regular

21  meetings, and the names and addresses of district school

22  officials.

23         (2)  REGULAR AND SPECIAL MEETINGS OF THE DISTRICT

24  SCHOOL BOARD.--Attend all regular meetings of the district

25  school board, call special meetings when emergencies arise,

26  and advise, but not vote, on questions under consideration.

27         (3)  RECORDS FOR THE DISTRICT SCHOOL BOARD.--Keep

28  minutes of all official actions and proceedings of the

29  district school board and keep such other records, including

30  records of property held or disposed of by the district school

31  


                                 129

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  board, as may be necessary to provide complete information

 2  regarding the district school system.

 3         (4)  SCHOOL PROPERTY.--Act for the district school

 4  board as custodian of school property.

 5         (5)  SCHOOL PROGRAM; PREPARE PLANS.--Supervise the

 6  assembling of data and sponsor studies and surveys essential

 7  to the development of a planned school program for the entire

 8  district and prepare and recommend such a program to the

 9  district school board as the basis for operating the district

10  school system.

11         (6)  ESTABLISHMENT, ORGANIZATION, AND OPERATION OF

12  SCHOOLS, CLASSES, AND SERVICES.--Recommend the establishment,

13  organization, and operation of such schools, classes, and

14  services as are needed to provide adequate educational

15  opportunities for all children in the district.

16         (7)  PERSONNEL.--Be responsible, as required herein,

17  for directing the work of the personnel, subject to the

18  requirements of chapter 1012.

19         (8)  COURSES OF STUDY AND OTHER INSTRUCTIONAL

20  AIDS.--Recommend such plans for improving, providing,

21  distributing, accounting for, and caring for textbooks and

22  other instructional aids as will result in general improvement

23  of the district school system, as prescribed in chapter 1006.

24         (9)  TRANSPORTATION OF STUDENTS.--Provide for student

25  transportation as prescribed in s. 1006.21.

26         (10)  SCHOOL PLANT.--Recommend plans, and execute such

27  plans as are approved, regarding all phases of the school

28  plant program, as prescribed in chapter 1013.

29         (11)  FINANCE.--Recommend measures to the district

30  school board to assure adequate educational facilities

31  throughout the district, in accordance with the financial


                                 130

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  procedure authorized in chapters 1010 and 1011 and as

 2  prescribed below:

 3         (a)  Plan for operating all schools for minimum

 4  term.--Determine and recommend district funds necessary in

 5  addition to state funds to provide for at least a 180-day

 6  school term or the equivalent on an hourly basis as specified

 7  by rules adopted by the State Board of Education and recommend

 8  plans for ensuring the operation of all schools for the term

 9  authorized by the district school board.

10         (b)  Annual budget.--Prepare the annual school budget

11  to be submitted to the district school board for adoption

12  according to law and submit this budget, when adopted by the

13  district school board, to the Department of Education on or

14  before the date required by rules of the State Board of

15  Education.

16         (c)  Tax levies.--Recommend to the district school

17  board, on the basis of the needs shown by the budget, the

18  amount of district school tax levy necessary to provide the

19  district school funds needed for the maintenance of the public

20  schools; recommend to the district school board the tax levy

21  required on the basis of the needs shown in the budget for the

22  district bond interest and sinking fund of each district; and

23  recommend to the district school board to be included on the

24  ballot at each district millage election the school district

25  tax levies necessary to carry on the school program.

26         (d)  School funds.--Keep an accurate account of all

27  funds that should be transmitted to the district school board

28  for school purposes at various periods during the year and

29  ensure, insofar as possible, that these funds are transmitted

30  promptly and report promptly to the district school board any

31  


                                 131

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  delinquencies or delays that occur in making available any

 2  funds that should be made available for school purposes.

 3         (e)  Borrowing money.--Recommend when necessary the

 4  borrowing of money as prescribed by law.

 5         (f)  Financial records and accounting.--Keep or have

 6  kept accurate records of all financial transactions.

 7         (g)  Payrolls and accounts.--Maintain accurate and

 8  current statements of accounts due to be paid by the district

 9  school board; certify these statements as correct; liquidate

10  district school board obligations in accordance with the

11  official budget and rules of the district school board; and

12  prepare periodic reports as required by rules of the State

13  Board of Education, showing receipts, balances, and

14  disbursements to date, and file copies of such periodic

15  reports with the Department of Education.

16         (h)  Bonds for employees.--Recommend the bonds of all

17  school employees who should be bonded in order to provide

18  reasonable safeguards for all school funds or property.

19         (i)  Contracts.--After study of the feasibility of

20  contractual services with industry, recommend to the district

21  school board the desirable terms, conditions, and

22  specifications for contracts for supplies, materials, or

23  services to be rendered and see that materials, supplies, or

24  services are provided according to contract.

25         (j)  Investment policies.--After careful examination,

26  recommend policies to the district school board that will

27  provide for the investment or deposit of school funds not

28  needed for immediate expenditures which shall earn the maximum

29  possible yield under the circumstances on such investments or

30  deposits. The district school superintendent shall cause to be

31  invested at all times all school moneys not immediately needed


                                 132

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  for expenditures pursuant to the policies of the district

 2  school board.

 3         (k)  Protection against loss.--Recommend programs and

 4  procedures to the district school board necessary to protect

 5  the school system adequately against loss or damage to school

 6  property or against loss resulting from any liability for

 7  which the district school board or its officers, agents, or

 8  employees may be responsible under law.

 9         (l)  Millage elections.--Recommend plans and procedures

10  for holding and supervising all school district millage

11  elections.

12         (m)  Budgets and expenditures.--Prepare, after

13  consulting with the principals of the various schools,

14  tentative annual budgets for the expenditure of district funds

15  for the benefit of public school students of the district.

16         (n)  Bonds.--Recommend the amounts of bonds to be

17  issued in the district and assist in the preparation of the

18  necessary papers for an election to determine whether the

19  proposed bond issue will be approved by the electors and, if

20  such bond issue be approved by the electors, recommend plans

21  for the sale of bonds and for the proper expenditure of the

22  funds derived therefrom.

23         (12)  RECORDS AND REPORTS.--Recommend such records as

24  should be kept in addition to those prescribed by rules of the

25  State Board of Education; prepare forms for keeping such

26  records as are approved by the district school board; ensure

27  that such records are properly kept; and make all reports that

28  are needed or required, as follows:

29         (a)  Forms, blanks, and reports.--Require that all

30  employees accurately keep all records and promptly make in

31  proper form all reports required by the education code or by


                                 133

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  rules of the State Board of Education; recommend the keeping

 2  of such additional records and the making of such additional

 3  reports as may be deemed necessary to provide data essential

 4  for the operation of the school system; and prepare such forms

 5  and blanks as may be required and ensure that these records

 6  and reports are properly prepared.

 7         (b)  Reports to the department.--Prepare, for the

 8  approval of the district school board, all reports that may be

 9  required by law or rules of the State Board of Education to be

10  made to the department and transmit promptly all such reports,

11  when approved, to the department, as required by law.  If any

12  such reports are not transmitted at the time and in the manner

13  prescribed by law or by State Board of Education rules, the

14  salary of the district school superintendent must be withheld

15  until the report has been properly submitted. Unless otherwise

16  provided by rules of the State Board of Education, the annual

17  report on attendance and personnel is due on or before July 1,

18  and the annual school budget and the report on finance are due

19  on the date prescribed by the commissioner.

20  

21  Any district school superintendent who knowingly signs and

22  transmits to any state official a false or incorrect report

23  shall forfeit his or her right to any salary for the period of

24  1 year from that date.

25         (13)  COOPERATION WITH OTHER AGENCIES.--

26         (a)  Cooperation with governmental agencies in

27  enforcement of laws and rules.--Recommend plans for

28  cooperating with, and, on the basis of approved plans,

29  cooperate with federal, state, county, and municipal agencies

30  in the enforcement of laws and rules pertaining to all matters

31  relating to education and child welfare.


                                 134

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  Identifying and reporting names of migratory

 2  children, other information.--Recommend plans for identifying

 3  and reporting to the Department of Education the name of each

 4  child in the school district who qualifies according to the

 5  definition of a migratory child, based on Pub. L. No. 95-561,

 6  and for reporting such other information as may be prescribed

 7  by the department.

 8         (14)  ENFORCEMENT OF LAWS AND RULES.--Require that all

 9  laws and rules of the State Board of Education, as well as

10  supplementary rules of the district school board, are properly

11  observed and report to the district school board any violation

12  that the district school superintendent does not succeed in

13  having corrected.

14         (15)  COOPERATE WITH DISTRICT SCHOOL BOARD.--Cooperate

15  with the district school board in every manner practicable to

16  the end that the district school system may continuously be

17  improved.

18         (16)  VISITATION OF SCHOOLS.--Visit the schools;

19  observe the management and instruction; give suggestions for

20  improvement; and advise supervisors, principals, teachers,

21  patrons, and other citizens with the view of promoting

22  interest in education and improving the school conditions of

23  the district.

24         (17)  CONFERENCES, INSTITUTES, AND STUDY COURSES.--Call

25  and conduct institutes and conferences with employees of the

26  district school board, school patrons, and other interested

27  citizens; organize and direct study and extension courses for

28  employees, advising them as to their professional studies; and

29  assist patrons and people generally in acquiring knowledge of

30  the aims, services, and needs of the schools.

31  


                                 135

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (18)  PROFESSIONAL AND GENERAL IMPROVEMENT.--Attend

 2  such conferences for district school superintendents as may be

 3  called or scheduled by the Department of Education and avail

 4  himself or herself of means of professional and general

 5  improvement so that he or she may function most efficiently.

 6         (19)  RECOMMEND REVOKING CERTIFICATES.--Recommend in

 7  writing to the Department of Education the revoking of any

 8  certificate for good cause, including a full statement of the

 9  reason for the district school superintendent's

10  recommendation.

11         (20)  MAKE RECORDS AVAILABLE TO SUCCESSOR.--Leave with

12  the district school board and make available to his or her

13  successor, upon retiring from office, a complete inventory of

14  school equipment and other property, together with all

15  official records and such other records as may be needed in

16  supervising instruction and in administering the district

17  school system.

18         (21)  RECOMMEND PROCEDURES FOR INFORMING GENERAL

19  PUBLIC.--Recommend to the district school board procedures

20  whereby the general public can be adequately informed of the

21  educational programs, needs, and objectives of public

22  education within the district.

23         (22)  SCHOOL IMPROVEMENT AND ACCOUNTABILITY.--Recommend

24  procedures for implementing and maintaining a system of school

25  improvement and education accountability as provided by

26  statute and State Board of Education rule.

27         (23)  OTHER DUTIES AND RESPONSIBILITIES.--Perform such

28  other duties as are assigned to the district school

29  superintendent by law or by rules of the State Board of

30  Education.

31  


                                 136

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 72.  Section 1001.52, Florida Statutes, is

 2  created to read:

 3         1001.52  Reproduction and destruction of district

 4  school records.--

 5         (1)  The purpose of this section is to reduce the

 6  present space required by the district school systems for the

 7  storage of their records and to permit the district school

 8  superintendent to administer the affairs of the district

 9  school system more efficiently.

10         (2)  After complying with the provisions of s. 257.37,

11  the district school superintendent may photograph,

12  microphotograph, or reproduce documents, records, data, and

13  information of a permanent character which in his or her

14  discretion he or she may select, and the district school

15  superintendent may destroy any of the said documents after

16  they have been reproduced and after audit of the district

17  school superintendent's office has been completed for the

18  period embracing the dates of said instruments. Information

19  made in compliance with the provisions of this section shall

20  have the same force and effect as the originals thereof would

21  have, and shall be treated as originals for the purpose of

22  their admissibility into evidence. Duly certified or

23  authenticated reproductions shall be admitted into evidence

24  equally with the originals.

25         (3)  After complying with the provisions of s. 257.37,

26  the district school superintendent may, in his or her

27  discretion, destroy general correspondence that is over 3

28  years old and other records, papers, and documents over 3

29  years old that do not serve as part of an agreement or

30  understanding and do not have value as permanent records.

31  


                                 137

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 73.  Section 1001.53, Florida Statutes, is

 2  created to read:

 3         1001.53  District school superintendent responsible for

 4  enforcement of attendance.--The district school superintendent

 5  shall be responsible for the enforcement of the attendance

 6  provisions of chapters 1003 and 1006. In a district in which

 7  no attendance assistant is employed, the district school

 8  superintendent shall have those duties and responsibilities

 9  and exercise those powers assigned by law to attendance

10  assistants.

11         Section 74.  Part II.c. of chapter 1001, Florida

12  Statutes, shall be entitled "School Principals" and shall

13  consist of s. 1001.54.

14         Section 75.  Section 1001.54, Florida Statutes, is

15  created to read:

16         1001.54  Duties of school principals.--

17         (1)  A district school board shall employ, through

18  written contract, public school principals. The school

19  principal has authority over school district personnel in

20  accordance with s. 1012.28.

21         (2)  Each school principal shall provide leadership in

22  the development or revision and implementation of a school

23  improvement plan, pursuant to s. 1001.42(16).

24         (3)  Each school principal must make the necessary

25  provisions to ensure that all school reports are accurate and

26  timely, and must provide the necessary training opportunities

27  for staff to accurately report attendance, FTE program

28  participation, student performance, teacher appraisal, and

29  school safety and discipline data.

30  

31  


                                 138

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (4)  Each school principal is responsible for the

 2  management and care of instructional materials, in accordance

 3  with the provisions of chapter 1006.

 4         Section 76.  Part III of chapter 1001, Florida

 5  Statutes, shall be entitled "Community Colleges" and shall

 6  consist of ss. 1001.61-1001.65.

 7         Section 77.  Section 1001.61, Florida Statutes, is

 8  created to read: 

 9         1001.61  Community college boards of trustees;

10  membership.--

11         (1)  Community college boards of trustees shall be

12  comprised of five members when a community college district is

13  confined to one school board district; seven members when a

14  community college district is confined to one school board

15  district and the board of trustees so elects; and not more

16  than nine members when the district contains two or more

17  school board districts, as provided by rules of the State

18  Board of Education.  However, Florida Community College at

19  Jacksonville shall have an odd number of trustees.

20         (2)  Trustees shall be appointed by the Governor and

21  confirmed by the Senate in regular session.

22         (3)  Members of the board of trustees shall receive no

23  compensation but may receive reimbursement for expenses as

24  provided in s. 112.061.

25         (4)  At its first regular meeting after July 1 of each

26  year, each community college board of trustees shall organize

27  by electing a chair, whose duty as such is to preside at all

28  meetings of the board, to call special meetings thereof, and

29  to attest to actions of the board, and a vice chair, whose

30  duty as such is to act as chair during the absence or

31  disability of the elected chair. It is the further duty of the


                                 139

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  chair of each board of trustees to notify the Governor, in

 2  writing, whenever a board member fails to attend three

 3  consecutive regular board meetings in any one fiscal year,

 4  which absences may be grounds for removal.

 5         (5)  A community college president shall serve as the

 6  executive officer and corporate secretary of the board of

 7  trustees and shall be responsible to the board of trustees for

 8  setting the agenda for meetings of the board of trustees in

 9  consultation with the chair. The president also serves as the

10  chief administrative officer of the community college, and all

11  the components of the institution and all aspects of its

12  operation are responsible to the board of trustees through the

13  president.

14         Section 78.  Section 1001.62, Florida Statutes, is

15  created to read: 

16         1001.62  Transfer of benefits arising under local or

17  special acts.--All local or special acts in force on July 1,

18  1968, that provide benefits for a community college through a

19  district school board shall continue in full force and effect,

20  and such benefits shall be transmitted to the community

21  college board of trustees.

22         Section 79.  Section 1001.63, Florida Statutes, is

23  created to read: 

24         1001.63  Community college board of trustees; board of

25  trustees to constitute a corporation.--Each community college

26  board of trustees is constituted a body corporate by the name

27  of "The District Board of Trustees of ...(name of community

28  college)..., Florida" with all the powers and duties of a body

29  corporate, including the power to adopt a corporate seal, to

30  contract and be contracted with, to sue or be sued, to plead

31  and be impleaded in all courts of law or equity, and to give


                                 140

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  and receive donations. In all suits against a board of

 2  trustees, service of process shall be made on the chair of the

 3  board of trustees or, in the absence of the chair, the

 4  corporate secretary or designee of the chair.

 5         Section 80.  Section 1001.64, Florida Statutes, is

 6  created to read:

 7         1001.64  Community college boards of trustees; powers

 8  and duties.--

 9         (1)  The boards of trustees shall be responsible for

10  cost-effective policy decisions appropriate to the community

11  college's mission, the implementation and maintenance of

12  high-quality education programs within law and rules of the

13  State Board of Education, the measurement of performance, the

14  reporting of information, and the provision of input regarding

15  state policy, budgeting, and education standards.

16         (2)  Each board of trustees is vested with the

17  responsibility to govern its respective community college and

18  with such necessary authority as is needed for the proper

19  operation and improvement thereof in accordance with rules of

20  the State Board of Education.

21         (3)  A board of trustees shall have the power to take

22  action without a recommendation from the president and shall

23  have the power to require the president to deliver to the

24  board of trustees all data and information required by the

25  board of trustees in the performance of its duties.

26         (4)(a)  The board of trustees, after considering

27  recommendations submitted by the community college president,

28  may adopt rules pursuant to ss. 120.536(1) and 120.54 to

29  implement the provisions of law conferring duties upon it.

30  These rules may supplement those prescribed by the State Board

31  


                                 141

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  of Education if they will contribute to the more orderly and

 2  efficient operation of community colleges.

 3         (b)  Each board of trustees is specifically authorized

 4  to adopt rules, procedures, and policies, consistent with law

 5  and rules of the State Board of Education, related to its

 6  mission and responsibilities as set forth in s. 1004.65, its

 7  governance, personnel, budget and finance, administration,

 8  programs, curriculum and instruction, buildings and grounds,

 9  travel and purchasing, technology, students, contracts and

10  grants, or college property.

11         (5)  Each board of trustees shall have responsibility

12  for the use, maintenance, protection, and control of community

13  college owned or community college controlled buildings and

14  grounds, property and equipment, name, trademarks and other

15  proprietary marks, and the financial and other resources of

16  the community college. Such authority may include placing

17  restrictions on activities and on access to facilities,

18  firearms, food, tobacco, alcoholic beverages, distribution of

19  printed materials, commercial solicitation, animals, and

20  sound.

21         (6)  Each board of trustees has responsibility for the

22  establishment and discontinuance of program and course

23  offerings in accordance with law and rule; provision for

24  instructional and noninstructional community services,

25  location of classes, and services provided; and dissemination

26  of information concerning such programs and services. New

27  programs must be approved pursuant to s. 1004.03.

28         (7)  Each board of trustees has responsibility for:

29  ensuring that students have access to general education

30  courses as identified in rule; requiring no more than 60

31  semester hours of degree program coursework, including 36


                                 142

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  semester hours of general education coursework, for an

 2  associate in arts degree; notifying students that earned hours

 3  in excess of 60 semester hours may not be accepted by state

 4  universities; notifying students of unique program

 5  prerequisites; and ensuring that degree program coursework

 6  beyond general education coursework is consistent with degree

 7  program prerequisite requirements adopted pursuant to s.

 8  1007.25(5).

 9         (8)  Each board of trustees has authority for policies

10  related to students, enrollment of students, student records,

11  student activities, financial assistance, and other student

12  services.

13         (a)  Each board of trustees shall govern admission of

14  students pursuant to s. 1007.263 and rules of the State Board

15  of Education. A board of trustees may establish additional

16  admissions criteria, which shall be included in the district

17  interinstitutional articulation agreement developed according

18  to s. 1007.235, to ensure student readiness for postsecondary

19  instruction. Each board of trustees may consider the past

20  actions of any person applying for admission or enrollment and

21  may deny admission or enrollment to an applicant because of

22  misconduct if determined to be in the best interest of the

23  community college.

24         (b)  Each board of trustees shall adopt rules

25  establishing student performance standards for the award of

26  degrees and certificates pursuant to s. 1004.68.

27         (c)  Boards of trustees are authorized to establish

28  intrainstitutional and interinstitutional programs to maximize

29  articulation pursuant to s. 1007.22.

30         (d)  Boards of trustees shall identify their core

31  curricula, which shall include courses required by the State


                                 143

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Board of Education, pursuant to the provisions of s.

 2  1007.25(6).

 3         (e)  Each board of trustees must adopt a written

 4  antihazing policy, provide a program for the enforcement of

 5  such rules, and adopt appropriate penalties for violations of

 6  such rules pursuant to the provisions of s. 1006.63(1)-(3).

 7         (f)  Each board of trustees may establish a uniform

 8  code of conduct and appropriate penalties for violation of its

 9  rules by students and student organizations, including rules

10  governing student academic honesty. Such penalties, unless

11  otherwise provided by law, may include fines, the withholding

12  of diplomas or transcripts pending compliance with rules or

13  payment of fines, and the imposition of probation, suspension,

14  or dismissal.

15         (g)  Each board of trustees pursuant to s. 1006.53

16  shall adopt a policy in accordance with rules of the State

17  Board of Education that reasonably accommodates the religious

18  observance, practice, and belief of individual students in

19  regard to admissions, class attendance, and the scheduling of

20  examinations and work assignments.

21         (9)  A board of trustees may contract with the board of

22  trustees of a state university for the community college to

23  provide college-preparatory instruction on the state

24  university campus.

25         (10)  Each board of trustees shall establish fees

26  pursuant to ss. 1009.22, 1009.23, 1009.25, 1009.26, and

27  1009.27.

28         (11)  Each board of trustees shall submit an

29  institutional budget request, including a request for fixed

30  capital outlay, and an operating budget to the State Board of

31  


                                 144

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Education for approval in accordance with guidelines

 2  established by the State Board of Education.

 3         (12)  Each board of trustees shall account for

 4  expenditures of all state, local, federal and other funds in

 5  the manner described by the Department of Education.

 6         (13)  Each board of trustees is responsible for the

 7  uses for the proceeds of academic improvement trust funds

 8  pursuant to s. 1011.85.

 9         (14)  Each board of trustees shall develop a strategic

10  plan specifying institutional goals and objectives for the

11  community college for recommendation to the State Board of

12  Education.

13         (15)  Each board of trustees shall develop an

14  accountability plan pursuant to s. 1008.45.

15         (16)  Each board of trustees must expend performance

16  funds provided for workforce development education pursuant to

17  the provisions of s. 1011.80.

18         (17)  Each board of trustees is accountable for

19  performance in certificate career education and diploma

20  programs pursuant to s. 1008.44.

21         (18)  Each board of trustees shall establish the

22  personnel program for all employees of the community college,

23  including the president, pursuant to the provisions of chapter

24  1012 and rules and guidelines of the State Board of Education,

25  including: compensation and other conditions of employment;

26  recruitment and selection; nonreappointment; standards for

27  performance and conduct; evaluation; benefits and hours of

28  work; leave policies; recognition; inventions and work

29  products; travel; learning opportunities; exchange programs;

30  academic freedom and responsibility; promotion; assignment;

31  demotion; transfer; ethical obligations and conflict of


                                 145

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  interest; restrictive covenants; disciplinary actions;

 2  complaints; appeals and grievance procedures; and separation

 3  and termination from employment.

 4         (19)  Each board of trustees shall appoint, suspend, or

 5  remove the president of the community college.  The board of

 6  trustees may appoint a search committee. The board of trustees

 7  shall conduct annual evaluations of the president in

 8  accordance with rules of the State Board of Education and

 9  submit such evaluations to the State Board of Education for

10  review. The evaluation must address the achievement of the

11  performance goals established by the accountability process

12  implemented pursuant to s. 1008.45 and the performance of the

13  president in achieving the annual and long-term goals and

14  objectives established in the community college's employment

15  accountability program implemented pursuant to s. 1012.86.

16         (20)  Each board of trustees is authorized to enter

17  into contracts to provide a State Community College System

18  Optional Retirement Program pursuant to s. 1012.875 and to

19  enter into consortia with other boards of trustees for this

20  purpose.

21         (21)  Each board of trustees is authorized to purchase

22  annuities for its community college personnel who have 25 or

23  more years of creditable service and who have reached age 55

24  and have applied for retirement under the Florida Retirement

25  System pursuant to the provisions of s. 1012.87.

26         (22)  A board of trustees may defray all costs of

27  defending civil actions against officers, employees, or agents

28  of the board of trustees pursuant to s. 1012.85.

29         (23)  Each board of trustees has authority for risk

30  management, safety, security, and law enforcement operations.

31  Each board of trustees is authorized to employ personnel,


                                 146

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  including police officers pursuant to s. 1012.88, to carry out

 2  the duties imposed by this subsection.

 3         (24)  Each board of trustees shall provide rules

 4  governing parking and the direction and flow of traffic within

 5  campus boundaries. Except for sworn law enforcement personnel,

 6  persons employed to enforce campus parking rules have no

 7  authority to arrest or issue citations for moving traffic

 8  violations. The board of trustees may adopt a uniform code of

 9  appropriate penalties for violations. Such penalties, unless

10  otherwise provided by law, may include the levying of fines,

11  the withholding of diplomas or transcripts pending compliance

12  with rules or payment of fines, and the imposition of

13  probation, suspension, or dismissal. Moneys collected from

14  parking rule infractions shall be deposited in appropriate

15  funds at each community college for student financial aid

16  purposes.

17         (25)  Each board of trustees constitutes the

18  contracting agent of the community college. It may when acting

19  as a body make contracts, sue, and be sued in the name of the

20  board of trustees. In any suit, a change in personnel of the

21  board of trustees shall not abate the suit, which shall

22  proceed as if such change had not taken place.

23         (26)  Each board of trustees is authorized to contract

24  for the purchase, sale, lease, license, or acquisition in any

25  manner (including purchase by installment or lease-purchase

26  contract which may provide for the payment of interest on the

27  unpaid portion of the purchase price and for the granting of a

28  security interest in the items purchased) of goods, materials,

29  equipment, and services required by the community college. The

30  board of trustees may choose to consolidate equipment

31  


                                 147

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  contracts under master equipment financing agreements made

 2  pursuant to s. 287.064.

 3         (27)  Each board of trustees shall be responsible for

 4  managing and protecting real and personal property acquired or

 5  held in trust for use by and for the benefit of such community

 6  college.  To that end, any board of trustees is authorized to

 7  be self-insured, to enter into risk management programs, or to

 8  purchase insurance for whatever coverage it may choose, or to

 9  have any combination thereof, in anticipation of any loss,

10  damage, or destruction. A board of trustees may contract for

11  self-insurance services pursuant to s. 1004.725.

12         (28)  Each board of trustees is authorized to enter

13  into agreements for, and accept, credit card, charge card, and

14  debit card payments as compensation for goods, services,

15  tuition, and fees. Each community college is further

16  authorized to establish accounts in credit card, charge card,

17  and debit card banks for the deposit of sales invoices.

18         (29)  Each board of trustees may provide incubator

19  facilities to eligible small business concerns pursuant to s.

20  1004.79.

21         (30)  Each board of trustees may establish a technology

22  transfer center for the purpose of providing institutional

23  support to local business and industry and governmental

24  agencies in the application of new research in technology

25  pursuant to the provisions of s. 1004.78.

26         (31)  Each board of trustees may establish economic

27  development centers for the purpose of serving as liaisons

28  between community colleges and the business sector pursuant to

29  the provisions of s. 1004.80.

30         (32)  Each board of trustees may establish a child

31  development training center pursuant to s. 1004.81.


                                 148

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (33)  Each board of trustees is authorized to develop

 2  and produce work products relating to educational endeavors

 3  that are subject to trademark, copyright, or patent statutes

 4  pursuant to chapter 1004.

 5         (34)  Each board of trustees shall administer the

 6  facilities program pursuant to chapter 1013, including but not

 7  limited to: the construction of public educational and

 8  ancillary plants; the acquisition and disposal of property;

 9  compliance with building and life safety codes; submission of

10  data and information relating to facilities and construction;

11  use of buildings and grounds; establishment of safety and

12  sanitation programs for the protection of building occupants;

13  and site planning and selection.

14         (35)  Each board of trustees may exercise the right of

15  eminent domain pursuant to the provisions of chapter 1013.

16         (36)  Each board of trustees may enter into

17  lease-purchase arrangements with private individuals or

18  corporations for necessary grounds and buildings for community

19  college purposes, other than dormitories, or for buildings

20  other than dormitories to be erected for community college

21  purposes. Such arrangements shall be paid from capital outlay

22  and debt service funds as provided by s. 1011.84(2), with

23  terms not to exceed 30 years at a stipulated rate. The

24  provisions of such contracts, including building plans, are

25  subject to approval by the Department of Education, and no

26  such contract may be entered into without such approval.

27         (37)  Each board of trustees may purchase, acquire,

28  receive, hold, own, manage, lease, sell, dispose of, and

29  convey title to real property, in the best interests of the

30  community college.

31  


                                 149

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (38)  Each board of trustees is authorized to borrow

 2  funds and incur debt, including entering into lease-purchase

 3  agreements and the issuance of revenue bonds as specifically

 4  authorized and only for the purposes authorized in ss.

 5  1009.22(6) and (9) and 1009.23(11) and (12). At the option of

 6  the board of trustees, bonds may be issued which are secured

 7  by a combination of revenues authorized to be pledged to bonds

 8  pursuant to ss. 1009.22(6) and 1009.23(11) or ss. 1009.22(9)

 9  and 1009.23(12). Lease-purchase agreements may be secured by a

10  combination of revenues as specifically authorized pursuant to

11  ss. 1009.22(7) and 1009.23(10).

12         (39)  Each board of trustees shall prescribe conditions

13  for direct-support organizations to be certified and to use

14  community college property and services. Conditions relating

15  to certification must provide for audit review and oversight

16  by the board of trustees.

17         (40)  Each board of trustees may adopt policies

18  pursuant to s. 1010.02 that provide procedures for

19  transferring to the direct-support organization of that

20  community college for administration by such organization

21  contributions made to the community college.

22         (41)  The board of trustees shall exert every effort to

23  collect all delinquent accounts pursuant to s. 1010.03.

24         (42)  Each board of trustees shall implement a plan, in

25  accordance with guidelines of the State Board of Education,

26  for working on a regular basis with the other community

27  college boards of trustees, representatives of the university

28  boards of trustees, and representatives of the district school

29  boards to achieve the goals of the seamless education system.

30  

31  


                                 150

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (43)  Each board of trustees has responsibility for

 2  compliance with state and federal laws, rules, regulations,

 3  and requirements.

 4         (44)  Each board of trustees may adopt rules,

 5  procedures, and policies related to institutional governance,

 6  administration, and management in order to promote orderly and

 7  efficient operation, including, but not limited to, financial

 8  management, budget management, physical plant management, and

 9  property management.

10         (45)  Each board of trustees may adopt rules and

11  procedures related to data or technology, including, but not

12  limited to, information systems, communications systems,

13  computer hardware and software, and networks.

14         (46)  Each board of trustees may consider the past

15  actions of any person applying for employment and may deny

16  employment to a person because of misconduct if determined to

17  be in the best interest of the community college.

18         Section 81.  Section 1001.65, Florida Statutes, is

19  created to read: 

20         1001.65  Community college presidents; powers and

21  duties.--The president is the chief executive officer of the

22  community college, shall be corporate secretary of the

23  community college board of trustees, and is responsible for

24  the operation and administration of the community college.

25  Each community college president shall:

26         (1)  Recommend the adoption of rules, as appropriate,

27  to the community college board of trustees to implement

28  provisions of law governing the operation and administration

29  of the community college, which shall include the specific

30  powers and duties enumerated in this section. Such rules shall

31  


                                 151

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  be consistent with law, the mission of the community college

 2  and the rules and policies of the State Board of Education.

 3         (2)  Prepare a budget request and an operating budget

 4  pursuant to s. 1011.30 for approval by the community college

 5  board of trustees at such time and in such format as the State

 6  Board of Education may prescribe.

 7         (3)  Establish and implement policies and procedures to

 8  recruit, appoint, transfer, promote, compensate, evaluate,

 9  reward, demote, discipline, and remove personnel, within law

10  and rules of the State Board of Education and in accordance

11  with rules or policies approved by the community college board

12  of trustees.

13         (4)  Govern admissions, subject to law and rules or

14  policies of the community college board of trustees and the

15  State Board of Education.

16         (5)  Approve, execute, and administer contracts for and

17  on behalf of the community college board of trustees for

18  licenses; the acquisition or provision of commodities, goods,

19  equipment, and services; leases of real and personal property;

20  and planning and construction to be rendered to or by the

21  community college, provided such contracts are within law and

22  guidelines of the State Board of Education and in conformance

23  with policies of the community college board of trustees, and

24  are for the implementation of approved programs of the

25  community college.

26         (6)  Act for the community college board of trustees as

27  custodian of all community college property and financial

28  resources. The authority vested in the community college

29  president under this subsection includes the authority to

30  prioritize the use of community college space, property,

31  


                                 152

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  equipment, and resources and the authority to impose charges

 2  for the use of those items.

 3         (7)  Establish the internal academic calendar of the

 4  community college within general guidelines of the State Board

 5  of Education.

 6         (8)  Administer the community college's program of

 7  intercollegiate athletics.

 8         (9)  Recommend to the board of trustees the

 9  establishment and termination of programs within the approved

10  role and scope of the community college.

11         (10)  Award degrees.

12         (11)  Recommend to the board of trustees a schedule of

13  tuition and fees to be charged by the community college,

14  within law and rules of the State Board of Education.

15         (12)  Organize the community college to efficiently and

16  effectively achieve the goals of the community college.

17         (13)  Review periodically the operations of the

18  community college in order to determine how effectively and

19  efficiently the community college is being administered and

20  whether it is meeting the goals of its strategic plan adopted

21  by the State Board of Education.

22         (14)  Enter into agreements for student exchange

23  programs that involve students at the community college and

24  students in other institutions of higher learning.

25         (15)  Approve the internal procedures of student

26  government organizations and provide purchasing, contracting,

27  and budgetary review processes for these organizations.

28         (16)  Ensure compliance with federal and state laws,

29  rules, regulations, and other requirements that are applicable

30  to the community college.

31  


                                 153

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (17)  Maintain all data and information pertaining to

 2  the operation of the community college, and report on the

 3  attainment by the community college of institutional and

 4  statewide performance accountability goals.

 5         (18)  Certify to the department a project's compliance

 6  with the requirements for expenditure of PECO funds prior to

 7  release of funds pursuant to the provisions of chapter 1013.

 8         (19)  Provide to the law enforcement agency and fire

 9  department that has jurisdiction over the community college a

10  copy of the floor plans and other relevant documents for each

11  educational facility as defined in s. 1013.01(6). After the

12  initial submission of the floor plans and other relevant

13  documents, the community college president shall submit, by

14  October 1 of each year, revised floor plans and other relevant

15  documents for each educational facility that was modified

16  during the preceding year.

17         (20)  Establish a committee to consider requests for

18  waivers from the provisions of s. 1008.29 and approve or

19  disapprove the committee's recommendations.

20         (21)  Develop and implement jointly with school

21  superintendents a comprehensive articulated acceleration

22  program, including a comprehensive interinstitutional

23  articulation agreement, for the students enrolled in their

24  respective school districts and service areas pursuant to the

25  provisions of s. 1007.235.

26         (22)  Have authority, after notice to the student of

27  the charges and after a hearing thereon, to expel, suspend, or

28  otherwise discipline any student who is found to have violated

29  any law, ordinance, or rule or regulation of the State Board

30  of Education or of the board of trustees of the community

31  college pursuant to the provisions of s. 1006.62.


                                 154

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (23)  Submit an annual employment accountability plan

 2  to the Department of Education pursuant to the provisions of

 3  s. 1012.86.

 4         (24)  Annually evaluate, or have a designee annually

 5  evaluate, each department chairperson, dean, provost, and vice

 6  president in achieving the annual and long-term goals and

 7  objectives of the community college's employment

 8  accountability plan.

 9         (25)  Have vested with the president or the president's

10  designee the authority that is vested with the community

11  college.

12         Section 82.  Part IV of chapter 1001, Florida Statutes,

13  shall be entitled "State Universities" and shall consist of

14  ss. 1001.71-1001.75.

15         Section 83.  Section 1001.71, Florida Statutes, is

16  created to read:

17         1001.71  University boards of trustees; membership.--

18         (1)  University boards of trustees shall be comprised

19  of 12 members appointed by the Governor and confirmed by the

20  Senate in the regular legislative session immediately

21  following his or her appointment. In addition, the student

22  body president elected on the main campus of the university

23  shall serve ex officio as a voting member of his or her

24  university board of trustees. There shall be no state

25  residency requirement for university board members, but the

26  Governor shall consider diversity and regional representation.

27         (2)  Members of the boards of trustees shall receive no

28  compensation but may be reimbursed for travel and per diem

29  expenses as provided in s. 112.061.

30         (3)  The Governor may remove a trustee upon the

31  recommendation of the State Board of Education, or for cause.


                                 155

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (4)  Boards of trustees' members shall be appointed for

 2  staggered 4-year terms, and may be reappointed for additional

 3  terms not to exceed 8 years of service.

 4         (5)  Each board of trustees shall select its chair and

 5  vice chair from the appointed members at its first regular

 6  meeting after July 1. The chair shall serve for 2 years and

 7  may be reselected for one additional consecutive term. The

 8  duties of the chair shall include presiding at all meetings of

 9  the board of trustees, calling special meetings of the board

10  of trustees, attesting to actions of the board of trustees,

11  and notifying the Governor in writing whenever a board member

12  fails to attend three consecutive regular board meetings in

13  any fiscal year, which failure may be grounds for removal. The

14  duty of the vice chair is to act as chair during the absence

15  or disability of the chair.

16         (6)  The university president shall serve as executive

17  officer and corporate secretary of the board of trustees and

18  shall be responsible to the board of trustees for all

19  operations of the university and for setting the agenda for

20  meetings of the board of trustees in consultation with the

21  chair.

22         Section 84.  Section 1001.72, Florida Statutes, is

23  created to read:

24         1001.72  University boards of trustees; boards to

25  constitute a corporation.--

26         (1)  Each board of trustees shall be a public body

27  corporate by the name of "The (name of university) Board of

28  Trustees," with all the powers of a body corporate, including

29  the power to adopt a corporate seal, to contract and be

30  contracted with, to sue and be sued, to plead and be impleaded

31  in all courts of law or equity, and to give and receive


                                 156

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  donations. In all suits against a board of trustees, service

 2  of process shall be made on the chair of the board of trustees

 3  or, in the absence of the chair, on the corporate secretary or

 4  designee.

 5         (2)  It is the intent of the Legislature that the

 6  university boards of trustees are not departments of the

 7  executive branch of state government within the scope and

 8  meaning of s. 6, Art. IV of the State Constitution.

 9         (3)  The corporation is constituted as a public

10  instrumentality, and the exercise by the corporation of the

11  power conferred by this section is considered to be the

12  performance of an essential public function.  The corporation

13  shall constitute an agency for the purposes of s. 120.52. The

14  corporation is subject to chapter 119, subject to exceptions

15  applicable to the corporation, and to the provisions of

16  chapter 286; however, the corporation shall be entitled to

17  provide notice of internal review committee meetings for

18  competitive proposals or procurement to applicants by mail or

19  facsimile rather than by means of publication. The corporation

20  is not governed by chapter 607, but by the provisions of this

21  part. The corporation shall maintain coverage under the State

22  Risk Management Trust Fund as provided in chapter 284.

23         (4)  No bureau, department, division, agency, or

24  subdivision of the state shall exercise any responsibility and

25  authority to operate any state university except as

26  specifically provided by law or rules of the State Board of

27  Education. This section shall not prohibit any department,

28  bureau, division, agency, or subdivision of the state from

29  providing access to programs or systems or providing other

30  assistance to a state university pursuant to an agreement

31  


                                 157

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  between the board of trustees and such department, bureau,

 2  division, agency, or subdivision of the state.

 3         (5)  University boards of trustees shall be

 4  corporations primarily acting as instrumentalities or agencies

 5  of the state, pursuant to s. 768.28(2), for purposes of

 6  sovereign immunity.

 7         Section 85.  Section 1001.73, Florida Statutes, is

 8  created to read:

 9         1001.73  University board empowered to act as

10  trustee.--

11         (1)  Whenever appointed by any competent court of the

12  state, or by any statute, or in any will, deed, or other

13  instrument, or in any manner whatever as trustee of any funds

14  or real or personal property in which any of the institutions

15  or agencies under its management, control, or supervision, or

16  their departments or branches or students, faculty members,

17  officers, or employees, may be interested as beneficiaries, or

18  otherwise, or for any educational purpose, a university board

19  of trustees is hereby authorized to act as trustee with full

20  legal capacity as trustee to administer such trust property,

21  and the title thereto shall vest in said board as trustee. In

22  all such cases, the university board of trustees shall have

23  the power and capacity to do and perform all things as fully

24  as any individual trustee or other competent trustee might do

25  or perform, and with the same rights, privileges, and duties,

26  including the power, capacity, and authority to convey,

27  transfer, mortgage, or pledge such property held in trust and

28  to contract and execute all other documents relating to said

29  trust property which may be required for, or appropriate to,

30  the administration of such trust or to accomplish the purposes

31  of any such trust.


                                 158

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (2)  Deeds, mortgages, leases, and other contracts of

 2  the university board of trustees relating to real property of

 3  any such trust or any interest therein may be executed by the

 4  university board of trustees, as trustee, in the same manner

 5  as is provided by the laws of the state for the execution of

 6  similar documents by other corporations or may be executed by

 7  the signatures of a majority of the members of the board of

 8  trustees; however, to be effective, any such deed, mortgage,

 9  or lease contract for more than 10 years of any trust

10  property, executed hereafter by the university board of

11  trustees, shall be approved by a resolution of the State Board

12  of Education; and such approving resolution may be evidenced

13  by the signature of either the chair or the secretary of the

14  State Board of Education to an endorsement on the instrument

15  approved, reciting the date of such approval, and bearing the

16  seal of the State Board of Education.  Such signed and sealed

17  endorsement shall be a part of the instrument and entitled to

18  record without further proof.

19         (3)  Any and all such appointments of, and acts by, the

20  Board of Regents as trustee of any estate, fund, or property

21  prior to May 18, 1949, are hereby validated, and said board's

22  capacity and authority to act as trustee subject to the

23  provisions of s. 1000.01(5)(a) in all of such cases is

24  ratified and confirmed; and all deeds, conveyances, lease

25  contracts, and other contracts heretofore executed by the

26  Board of Regents, either by the signatures of a majority of

27  the members of the board or in the board's name by its chair

28  or chief executive officer, are hereby approved, ratified,

29  confirmed, and validated.

30         (4)  Nothing herein shall be construed to authorize a

31  university board of trustees to contract a debt on behalf of,


                                 159

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  or in any way to obligate, the state; and the satisfaction of

 2  any debt or obligation incurred by the university board as

 3  trustee under the provisions of this section shall be

 4  exclusively from the trust property, mortgaged or encumbered;

 5  and nothing herein shall in any manner affect or relate to the

 6  provisions of ss. 1010.61-1010.619, or s. 1013.78.

 7         Section 86.  Section 1001.74, Florida Statutes, is

 8  created to read:

 9         1001.74  Powers and duties of university boards of

10  trustees.--

11         (1)  The boards of trustees shall be responsible for

12  cost-effective policy decisions appropriate to the

13  university's mission, the implementation and maintenance of

14  high quality education programs within law and rules of the

15  State Board of Education, the measurement of performance, the

16  reporting of information, and the provision of input regarding

17  state policy, budgeting, and education standards.

18         (2)  Each board of trustees is vested with the

19  authority to govern its university, as necessary to provide

20  proper governance and improvement of the university in

21  accordance with law and with rules of the State Board of

22  Education. Each board of trustees shall perform all duties

23  assigned by law or by rule of the State Board of Education or

24  the Commissioner of Education.

25         (3)  A board of trustees shall have the power to take

26  action without a recommendation from the president and shall

27  have the power to require the president to deliver to the

28  board of trustees all data and information required by the

29  board of trustees in the performance of its duties.

30         (4)  Each board of trustees may adopt rules pursuant to

31  ss. 120.536(1) and 120.54 to implement the provisions of law


                                 160

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  conferring duties upon it.  Such rules must be consistent with

 2  rules of the State Board of Education.

 3         (5)  Each board of trustees shall have the authority to

 4  acquire real and personal property and contract for the sale

 5  and disposal of same and approve and execute contracts for the

 6  purchase, sale, lease, license, or acquisition of commodities,

 7  goods, equipment, contractual services, leases of real and

 8  personal property, and construction.  The acquisition may

 9  include purchase by installment or lease-purchase. Such

10  contracts may provide for payment of interest on the unpaid

11  portion of the purchase price. Title to all real property

12  acquired prior to January 7, 2003, and to all real property

13  acquired with funds appropriated by the Legislature shall be

14  vested in the Board of Trustees of the Internal Improvement

15  Trust Fund and shall be transferred and conveyed by it.

16  Notwithstanding any other provisions of this subsection, each

17  board of trustees shall comply with the provisions of s.

18  287.055 for the procurement of professional services as

19  defined therein.

20         (6)  Each board of trustees shall have responsibility

21  for the use, maintenance, protection, and control of

22  university-owned or university-controlled buildings and

23  grounds, property and equipment, name, trademarks and other

24  proprietary marks, and the financial and other resources of

25  the university. Such authority may include placing

26  restrictions on activities and on access to facilities,

27  firearms, food, tobacco, alcoholic beverages, distribution of

28  printed materials, commercial solicitation, animals, and

29  sound. The authority vested in the board of trustees in this

30  subsection includes the prioritization of the use of space,

31  


                                 161

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  property, equipment, and resources and the imposition of

 2  charges for those items.

 3         (7)  Each board of trustees has responsibility for the

 4  establishment and discontinuance of degree programs up to and

 5  including the master's degree level; the establishment and

 6  discontinuance of course offerings; provision of credit and

 7  noncredit educational offerings; location of classes; services

 8  provided; and dissemination of information concerning such

 9  programs and services. Approval of new programs must be

10  pursuant to criteria established by the State Board of

11  Education.

12         (8)  Each board of trustees is authorized to create

13  divisions of sponsored research pursuant to the provisions of

14  s. 1011.411 to serve the function of administration and

15  promotion of the programs of research.

16         (9)  Each board of trustees has responsibility for:

17  ensuring that students have access to general education

18  courses as identified in rule and requiring no more than 120

19  semester hours of coursework for baccalaureate degree programs

20  unless approved by the State Board of Education. At least half

21  of the required coursework for any baccalaureate degree must

22  be offered at the lower-division level, except in program

23  areas approved by the State Board of Education.

24         (10)  Each board of trustees has responsibility for

25  policies related to students, enrollment of students, student

26  activities and organizations, financial assistance, and other

27  student services.

28         (a)  Each board of trustees shall govern admission of

29  students pursuant to s. 1007.261 and rules of the State Board

30  of Education. Each board of trustees may consider the past

31  actions of any person applying for admission or enrollment and


                                 162

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  may deny admission or enrollment to an applicant because of

 2  misconduct if determined to be in the best interest of the

 3  university.

 4         (b)  Each board of trustees shall establish student

 5  performance standards for the award of degrees and

 6  certificates.

 7         (c)  Each board of trustees must identify its core

 8  curricula and work with school districts to ensure that its

 9  curricula coordinate with the core curricula and prepare

10  students for college-level work.

11         (d)  Each board of trustees must adopt a written

12  antihazing policy, appropriate penalties for violations of

13  such policy, and a program for enforcing such policy.

14         (e)  Each board of trustees may establish a uniform

15  code of conduct and appropriate penalties for violations of

16  its rules by students and student organizations, including

17  rules governing student academic honesty. Such penalties,

18  unless otherwise provided by law, may include fines, the

19  withholding of diplomas or transcripts pending compliance with

20  rules or payment of fines, and the imposition of probation,

21  suspension, or dismissal.

22         (f)  Each board of trustees shall establish a

23  committee, at least one-half of the members of which shall be

24  students appointed by the student body president, to

25  periodically review and evaluate the student judicial system.

26         (g)  Each board of trustees must adopt a policy

27  pursuant to s. 1006.53 that reasonably accommodates the

28  religious observance, practice, and belief of individual

29  students in regard to admissions, class attendance, and the

30  scheduling of examinations and work assignments.

31  


                                 163

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (h)  A board of trustees may establish

 2  intrainstitutional and interinstitutional programs to maximize

 3  articulation pursuant to s. 1007.22.

 4         (i)  Each board of trustees shall approve the internal

 5  procedures of student government organizations.

 6         (11)  Each board of trustees shall establish fees

 7  pursuant to ss. 1009.24 and 1009.26.

 8         (12)  Each board of trustees shall submit an

 9  institutional budget request, including a request for fixed

10  capital outlay, and an operating budget to the State Board of

11  Education for approval in accordance with guidelines

12  established by the State Board of Education.

13         (13)  Each board of trustees shall account for

14  expenditures of all state, local, federal, and other funds in

15  the manner described by the Department of Education.

16         (14)  Each board of trustees shall develop a strategic

17  plan specifying institutional goals and objectives for the

18  university for recommendation to the State Board of Education.

19         (15)  Each board of trustees shall develop an

20  accountability plan pursuant to guidelines established by the

21  State Board of Education.

22         (16)  Each board of trustees shall maintain an

23  effective information system to provide accurate, timely, and

24  cost-effective information about the university.

25         (17)  Each board of trustees is authorized to secure

26  comprehensive general liability insurance pursuant to s.

27  1004.24.

28         (18)  Each board of trustees may provide for payment of

29  the costs of civil actions against officers, employees, or

30  agents of the board pursuant to s. 1012.965.

31  


                                 164

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (19)  Each board of trustees shall establish the

 2  personnel program for all employees of the university,

 3  including the president, pursuant to the provisions of chapter

 4  1012 and, in accordance with rules and guidelines of the State

 5  Board of Education, including: compensation and other

 6  conditions of employment, recruitment and selection,

 7  nonreappointment, standards for performance and conduct,

 8  evaluation, benefits and hours of work, leave policies,

 9  recognition and awards, inventions and works, travel, learning

10  opportunities, exchange programs, academic freedom and

11  responsibility, promotion, assignment, demotion, transfer,

12  tenure and permanent status, ethical obligations and conflicts

13  of interest, restrictive covenants, disciplinary actions,

14  complaints, appeals and grievance procedures, and separation

15  and termination from employment. The Department of Management

16  Services shall retain authority over state university

17  employees for programs established in ss. 110.123, 110.1232,

18  110.1234, and 110.1238 and in chapters 121, 122, and 238.

19         (20)  Each board of trustees may consider the past

20  actions of any person applying for employment and may deny

21  employment to a person because of misconduct if determined to

22  be in the best interest of the university.

23         (21)  Each board of trustees shall appoint a

24  presidential search committee to make recommendations to the

25  full board of trustees, from which the board of trustees may

26  select a candidate for ratification by the State Board of

27  Education.

28         (22)  Each board of trustees shall conduct an annual

29  evaluation of the president in accordance with rules of the

30  State Board of Education and submit such evaluations to the

31  State Board of Education for review. The evaluation must


                                 165

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  address the achievement of the performance goals established

 2  by the accountability process implemented pursuant to s.

 3  1008.46 and the performance of the president in achieving the

 4  annual and long-term goals and objectives established in the

 5  institution's employment equity accountability program

 6  implemented pursuant to s. 1012.95.

 7         (23)  Each board of trustees constitutes the

 8  contracting agent of the university.

 9         (24)  Each board of trustees may enter into agreements

10  for, and accept, credit card payments as compensation for

11  goods, services, tuition, and fees.

12         (25)  Each board of trustees may establish educational

13  research centers for child development pursuant to s. 1011.48.

14         (26)  Each board of trustees may develop and produce

15  work products relating to educational endeavors that are

16  subject to trademark, copyright, or patent statutes pursuant

17  to s. 1004.23.

18         (27)  Each board of trustees shall submit to the State

19  Board of Education, for approval, all new campuses and

20  instructional centers.

21         (28)  Each board of trustees shall administer a program

22  for the maintenance and construction of facilities pursuant to

23  chapter 1013.

24         (29)  Each board of trustees shall ensure compliance

25  with the provisions of s. 287.09451 for all procurement and

26  ss. 255.101 and 255.102 for construction contracts, and rules

27  adopted pursuant thereto, relating to the utilization of

28  minority business enterprises, except that procurements

29  costing less than the amount provided for in CATEGORY FIVE as

30  provided in s. 287.017 shall not be subject to s. 287.09451.

31  


                                 166

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (30)  Each board of trustees may exercise the right of

 2  eminent domain pursuant to the provisions of chapter 1013. Any

 3  suits or actions brought by the board of trustees shall be

 4  brought in the name of the board of trustees, and the

 5  Department of Legal Affairs shall conduct the proceedings for,

 6  and act as the counsel of, the board of trustees.

 7         (31)  Notwithstanding the provisions of s. 253.025,

 8  each board of trustees may, with the consent of the Board of

 9  Trustees of the Internal Improvement Trust Fund, sell, convey,

10  transfer, exchange, trade, or purchase real property and

11  related improvements necessary and desirable to serve the

12  needs and purposes of the university.

13         (a)  The board of trustees may secure appraisals and

14  surveys. The board of trustees shall comply with the rules of

15  the Board of Trustees of the Internal Improvement Trust Fund

16  in securing appraisals. Whenever the board of trustees finds

17  it necessary for timely property acquisition, it may contract,

18  without the need for competitive selection, with one or more

19  appraisers whose names are contained on the list of approved

20  appraisers maintained by the Division of State Lands in the

21  Department of Environmental Protection.

22         (b)  The board of trustees may negotiate and enter into

23  an option contract before an appraisal is obtained. The option

24  contract must state that the final purchase price may not

25  exceed the maximum value allowed by law. The consideration for

26  such an option contract may not exceed 10 percent of the

27  estimate obtained by the board of trustees or 10 percent of

28  the value of the parcel, whichever is greater, unless

29  otherwise authorized by the board of trustees.

30         (c)  This subsection is not intended to abrogate in any

31  manner the authority delegated to the Board of Trustees of the


                                 167

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Internal Improvement Trust Fund or the Division of State Lands

 2  to approve a contract for purchase of state lands or to

 3  require policies and procedures to obtain clear legal title to

 4  parcels purchased for state purposes. Title to property

 5  acquired by a university board of trustees prior to January 7,

 6  2003, and to property acquired with funds appropriated by the

 7  Legislature shall vest in the Board of Trustees of the

 8  Internal Improvement Trust Fund.

 9         (32)  Each board of trustees shall prepare and adopt a

10  campus master plan pursuant to s. 1013.30.

11         (33)  Each board of trustees shall prepare, adopt, and

12  execute a campus development agreement pursuant to s. 1013.30.

13         (34)  Each board of trustees has responsibility for

14  compliance with state and federal laws, rules, regulations,

15  and requirements.

16         (35)  Each board of trustees may govern traffic on the

17  grounds of that campus pursuant to s. 1006.66.

18         (36)  A board of trustees has responsibility for

19  supervising faculty practice plans for the academic health

20  science centers.

21         (37)  Each board of trustees shall prescribe conditions

22  for direct-support organizations and university health

23  services support organizations to be certified and to use

24  university property and services. Conditions relating to

25  certification must provide for audit review and oversight by

26  the board of trustees.

27         (38)  Each board of trustees shall actively implement a

28  plan, in accordance with guidelines of the State Board of

29  Education, for working on a regular basis with the other

30  university boards of trustees, representatives of the

31  community college boards of trustees, and representatives of


                                 168

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the district school boards, to achieve the goals of the

 2  seamless education system.

 3         (39)  Notwithstanding the provisions of s. 216.351, a

 4  board of trustees may authorize the rent or lease of parking

 5  facilities, provided that such facilities are funded through

 6  parking fees or parking fines imposed by a university. A board

 7  of trustees may authorize a university to charge fees for

 8  parking at such rented or leased parking facilities.

 9         (40)  Each board of trustees may adopt rules and

10  procedures related to data and technology, including

11  information systems, communications systems, computer hardware

12  and software, and networks.

13         (41)  A board of trustees shall perform such other

14  duties as are provided by law or rule of the State Board of

15  Education.

16         Section 87.  Section 1001.75, Florida Statutes, is

17  created to read:

18         1001.75  University presidents; powers and duties.--The

19  president is the chief executive officer of the state

20  university, shall be corporate secretary of the university

21  board of trustees, and is responsible for the operation and

22  administration of the university. Each state university

23  president shall:

24         (1)  Recommend the adoption of rules, as appropriate,

25  to the university board of trustees to implement provisions of

26  law governing the operation and administration of the

27  university, which shall include the specific powers and duties

28  enumerated in this section. Such rules shall be consistent

29  with the mission of the university and the rules and policies

30  of the State Board of Education.

31  


                                 169

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (2)  Prepare a budget request and an operating budget

 2  for approval by the university board of trustees.

 3         (3)  Establish and implement policies and procedures to

 4  recruit, appoint, transfer, promote, compensate, evaluate,

 5  reward, demote, discipline, and remove personnel, within law

 6  and rules of the State Board of Education and in accordance

 7  with rules or policies approved by the university board of

 8  trustees.

 9         (4)  Govern admissions, subject to law and rules or

10  policies of the university board of trustees and the State

11  Board of Education.

12         (5)  Approve, execute, and administer contracts for and

13  on behalf of the university board of trustees for licenses;

14  the acquisition or provision of commodities, goods, equipment,

15  and services; leases of real and personal property; and

16  planning and construction to be rendered to or by the

17  university, provided such contracts are within law and rules

18  of the State Board of Education and in conformance with

19  policies of the university board of trustees, and are for the

20  implementation of approved programs of the university.

21  University presidents shall comply with the provisions of s.

22  287.055 for the procurement of professional services and may

23  approve and execute all contracts on behalf of the board of

24  trustees for planning, construction, and equipment. For the

25  purposes of a university president's contracting authority, a

26  "continuing contract" for professional services under the

27  provisions of s. 287.055 is one in which construction costs do

28  not exceed $1 million or the fee for study activity does not

29  exceed $100,000.

30         (6)  Act for the university board of trustees as

31  custodian of all university property.


                                 170

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (7)  Establish the internal academic calendar of the

 2  university within general guidelines of the State Board of

 3  Education.

 4         (8)  Administer the university's program of

 5  intercollegiate athletics.

 6         (9)  Recommend to the board of trustees the

 7  establishment and termination of undergraduate and

 8  master's-level degree programs within the approved role and

 9  scope of the university.

10         (10)  Award degrees.

11         (11)  Recommend to the board of trustees a schedule of

12  tuition and fees to be charged by the university, within law

13  and rules of the State Board of Education.

14         (12)  Organize the university to efficiently and

15  effectively achieve the goals of the university.

16         (13)  Review periodically the operations of the

17  university in order to determine how effectively and

18  efficiently the university is being administered and whether

19  it is meeting the goals of its strategic plan adopted by the

20  State Board of Education.

21         (14)  Enter into agreements for student exchange

22  programs that involve students at the university and students

23  in other postsecondary educational institutions.

24         (15)  Provide purchasing, contracting, and budgetary

25  review processes for student government organizations.

26         (16)  Ensure compliance with federal and state laws,

27  rules, regulations, and other requirements that are applicable

28  to the university.

29         (17)  Maintain all data and information pertaining to

30  the operation of the university, and report on the attainment

31  


                                 171

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  by the university of institutional and statewide performance

 2  accountability goals.

 3         (18)  Adjust property records and dispose of

 4  state-owned tangible personal property in the university's

 5  custody in accordance with procedures established by the

 6  university board of trustees.  Notwithstanding the provisions

 7  of s. 273.055(5), all moneys received from the disposition of

 8  state-owned tangible personal property shall be retained by

 9  the university and disbursed for the acquisition of tangible

10  personal property and for all necessary operating

11  expenditures. The university shall maintain records of the

12  accounts into which such moneys are deposited.

13         (19)  Have vested with the president or the president's

14  designee the powers, duties, and authority that is vested with

15  the university.

16         Section 88.  Chapter 1002, Florida Statutes, shall be

17  entitled "Student and Parental Rights and Educational Choices"

18  and shall consist of ss. 1002.01-1002.44.

19         Section 89.  Part I of chapter 1002, Florida Statutes,

20  shall be entitled "General Provisions" and shall consist of s.

21  1002.01.

22         Section 90.  Section 1002.01, Florida Statutes, is

23  created to read:

24         1002.01  Definitions.--

25         (1)  A "home education program" means the sequentially

26  progressive instruction of a student directed by his or her

27  parent in order to satisfy the attendance requirements of ss.

28  1002.41, 1003.01(4), and 1003.21(1).

29         (2)  A "private school" is a nonpublic school defined

30  as an individual, association, copartnership, or corporation,

31  or department, division, or section of such organizations,


                                 172

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  that designates itself as an educational center that includes

 2  kindergarten or a higher grade or as an elementary, secondary,

 3  business, technical, or trade school below college level or

 4  any organization that provides instructional services that

 5  meet the intent of s. 1003.01(14) or that gives preemployment

 6  or supplementary training in technology or in fields of trade

 7  or industry or that offers academic, literary, or career and

 8  technical training below college level, or any combination of

 9  the above, including an institution that performs the

10  functions of the above schools through correspondence or

11  extension, except those licensed under the provisions of

12  chapter 1005. A private school may be a parochial, religious,

13  denominational, for-profit, or nonprofit school. This

14  definition does not include home education programs conducted

15  in accordance with s. 1002.41.

16         Section 91.  Part II of chapter 1002, Florida Statutes,

17  shall be entitled "Student and Parental Rights" and shall

18  consist of ss. 1002.20-1002.22.

19         Section 92.  Section 1002.20, Florida Statutes, is

20  created to read:

21         1002.20  K-12 student and parent rights.--K-12 students

22  and their parents are afforded numerous statutory rights

23  including, but not limited to, the following:

24         (1)  SYSTEM OF EDUCATION.--In accordance with s. 1,

25  Art. IX of the State Constitution, all K-12 public school

26  students are entitled to a uniform, safe, secure, efficient,

27  and high quality system of education, one that allows students

28  the opportunity to obtain a high quality education. Parents

29  are responsible to ready their children for school; however,

30  the State of Florida cannot be the guarantor of each

31  individual student's success.


                                 173

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (2)  ATTENDANCE.--

 2         (a)  Compulsory school attendance.--The compulsory

 3  school attendance laws apply to all children between the ages

 4  of 6 and 16 years, as provided in s. 1003.21(1) and (2)(a),

 5  and, in accordance with the provisions of s. 1003.21(1) and

 6  (2)(a):

 7         1.  A student who attains the age of 16 years during

 8  the school year has the right to file a formal declaration of

 9  intent to terminate school enrollment if the declaration is

10  signed by the parent. The parent has the right to be notified

11  by the school district of the district's receipt of the

12  student's declaration of intent to terminate school

13  enrollment.

14         2.  Students who become or have become married or who

15  are pregnant and parenting have the right to attend school and

16  receive the same or equivalent educational instruction as

17  other students.

18         (b)  Regular school attendance.--Parents of students

19  who have attained the age of 6 years by February 1 of any

20  school year but who have not attained the age of 16 years must

21  comply with the compulsory school attendance laws. Parents

22  have the option to comply with the school attendance laws by

23  attendance of the student in a public school; a parochial,

24  religious, or denominational school; a private school; a home

25  education program; or a private tutoring program, in

26  accordance with the provisions of s. 1003.01(14).

27         (c)  Absence for religious purposes.--A parent of a

28  public school student may request and be granted permission

29  for absence of the student from school for religious

30  instruction or religious holidays, in accordance with the

31  provisions of s. 1003.21(2)(b).


                                 174

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (d)  Dropout prevention and academic intervention

 2  programs.--The parent of a public school student has the right

 3  to receive written notice by certified mail prior to placement

 4  of the student in a dropout prevention and academic

 5  intervention program and shall be notified in writing and

 6  entitled to an administrative review of any action by school

 7  personnel relating to the student's placement, in accordance

 8  with the provisions of s. 1003.53(5).

 9         (3)  HEALTH ISSUES.--

10         (a)  School-entry health examinations.--The parent of

11  any child attending a public or private school shall be exempt

12  from the requirement of a health examination upon written

13  request stating objections on religious grounds in accordance

14  with the provisions of s. 1003.22(1) and (2).

15         (b)  Immunizations.--The parent of any child attending

16  a public or private school shall be exempt from the school

17  immunization requirements upon meeting any of the exemptions

18  in accordance with the provisions of s. 1003.22(5).

19         (c)  Biological experiments.--Parents may request that

20  their child be excused from performing surgery or dissection

21  in biological science classes in accordance with the

22  provisions of s. 1003.47.

23         (d)  Reproductive health and disease education.--A

24  public school student whose parent makes written request to

25  the school principal shall be exempted from the teaching of

26  reproductive health or any disease, including HIV/AIDS, in

27  accordance with the provisions of s. 1003.42(3).

28         (e)  Contraceptive services to public school

29  students.--In accordance with the provisions of s.

30  1006.062(7), students may not be referred to or offered

31  


                                 175

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  contraceptive services at school facilities without the

 2  parent's consent.

 3         (f)  Career and technical education courses involving

 4  hazardous substances.--High school students must be given

 5  plano safety glasses or devices in career and technical

 6  education courses involving the use of hazardous substances

 7  likely to cause eye injury, in accordance with the provisions

 8  of s. 1006.65.

 9         (g)  Substance abuse reports.--The parent of a public

10  school student must be timely notified of any verified report

11  of a substance abuse violation by the student, in accordance

12  with the provisions of s. 1006.09(8).

13         (h)  Inhaler use.--Asthmatic students whose parent and

14  physician provide their approval to the school principal may

15  carry a metered dose inhaler on their person while in school.

16  The school principal shall be provided a copy of the parent's

17  and physician's approval.

18         (4)  DISCIPLINE.--

19         (a)  Suspension of public school student.--In

20  accordance with the provisions of s. 1006.09(1)-(4):

21         1.  A student may be suspended only as provided by rule

22  of the district school board. A good faith effort must be made

23  to immediately inform the parent by telephone of the student's

24  suspension and the reason.  Each suspension and the reason

25  must be reported in writing within 24 hours to the parent by

26  U.S. mail. A good faith effort must be made to use parental

27  assistance before suspension unless the situation requires

28  immediate suspension.

29         2.  A student with a disability may only be recommended

30  for suspension or expulsion in accordance with State Board of

31  Education rules.


                                 176

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  Expulsion.--Public school students and their

 2  parents have the right to written notice of a recommendation

 3  of expulsion, including the charges against the student and a

 4  statement of the right of the student to due process, in

 5  accordance with the provisions of s. 1001.51(8).

 6         (c)  Corporal punishment.--In accordance with the

 7  provisions of s. 1003.32, corporal punishment of a public

 8  school student may only be administered by a teacher or school

 9  principal within guidelines of the school principal and

10  according to district school board policy. Another adult must

11  be present and must be informed in the student's presence of

12  the reason for the punishment. Upon request, the teacher or

13  school principal must provide the parent with a written

14  explanation of the reason for the punishment and the name of

15  the other adult who was present.

16         (5)  SAFETY.--In accordance with the provisions of s.

17  1006.13(5), students who have been victims of certain felony

18  offenses by other students, as well as the siblings of the

19  student victims, have the right to be kept separated from the

20  student offender both at school and during school

21  transportation.

22         (6)  EDUCATIONAL CHOICE.--

23         (a)  Public school choices.--Parents of public school

24  students may seek whatever public school choice options that

25  are applicable to their students and are available to students

26  in their school districts. These options may include

27  controlled open enrollment, lab schools, charter schools,

28  charter technical career centers, magnet schools, alternative

29  schools, special programs, advanced placement, dual

30  enrollment, International Baccalaureate, early admissions,

31  credit by examination or demonstration of competency, the New


                                 177

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  World School of the Arts, the Florida School for the Deaf and

 2  the Blind, and the Florida Virtual School. These options may

 3  also include the public school choice options of the

 4  Opportunity Scholarship Program and the McKay Scholarships for

 5  Students with Disabilities Program.

 6         (b)  Private school choices.--Parents of public school

 7  students may seek private school choice options under certain

 8  programs.

 9         1.  Under the Opportunity Scholarship Program, the

10  parent of a student in a failing public school may request and

11  receive an opportunity scholarship for the student to attend a

12  private school in accordance with the provisions of s.

13  1002.38.

14         2.  Under the McKay Scholarships for Students with

15  Disabilities Program, the parent of a public school student

16  with a disability who is dissatisfied with the student's

17  progress may request and receive a McKay Scholarship for the

18  student to attend a private school in accordance with the

19  provisions of s. 1002.39.

20         3.  Under the corporate income tax credit scholarship

21  program, the parent of a student who qualifies for free or

22  reduced-price school lunch may seek a scholarship from an

23  eligible nonprofit scholarship-funding organization in

24  accordance with the provisions of s. 220.187.

25         (c)  Home education.--The parent of a student may

26  choose to place the student in a home education program in

27  accordance with the provisions of s. 1002.41.

28         (d)  Private tutoring.--The parent of a student may

29  choose to place the student in a private tutoring program in

30  accordance with the provisions of s. 1002.43(1).

31  


                                 178

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (7)  NONDISCRIMINATION.--All education programs,

 2  activities, and opportunities offered by public educational

 3  institutions must be made available without discrimination on

 4  the basis of race, ethnicity, national origin, gender,

 5  disability, or marital status, in accordance with the

 6  provisions of s. 1000.05.

 7         (8)  STUDENTS WITH DISABILITIES.--Parents of public

 8  school students with disabilities and parents of public school

 9  students in residential care facilities are entitled to notice

10  and due process in accordance with the provisions of ss.

11  1003.57 and 1003.58. Public school students with disabilities

12  must be provided the opportunity to meet the graduation

13  requirements for a standard high school diploma in accordance

14  with the provisions of s. 1003.43(4). Certain public school

15  students with disabilities may be awarded a special diploma

16  upon high school graduation.

17         (9)  BLIND STUDENTS.--Blind students have the right to

18  an individualized written education program and appropriate

19  instructional materials to attain literacy, in accordance with

20  provisions of s. 1003.55.

21         (10)  LIMITED ENGLISH PROFICIENT STUDENTS.--In

22  accordance with the provisions of s. 1003.56, limited English

23  proficient students have the right to receive ESOL (English

24  for Speakers of Other Languages) instruction designed to

25  develop the student's mastery of listening, speaking, reading,

26  and writing in English as rapidly as possible, and the

27  students' parents have the right of parental involvement in

28  the ESOL program.

29         (11)  PLEDGE OF ALLEGIANCE.--A public school student

30  must be excused from reciting the pledge of allegiance upon

31  


                                 179

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  written request by the student's parent, in accordance with

 2  the provisions of s. 1003.44.

 3         (12)  STUDENT RECORDS.--

 4         (a)  Parent rights.--Parents have rights regarding the

 5  student records of their children, including right of access,

 6  right of waiver of access, right to challenge and hearing, and

 7  right of privacy, in accordance with the provisions of s.

 8  1002.22.

 9         (b)  Student rights.--In accordance with the provisions

10  of s. 1008.386, a student is not required to provide his or

11  her social security number as a condition for enrollment or

12  graduation.

13         (13)  STUDENT REPORT CARDS.--Students and their parents

14  have the right to receive student report cards on a regular

15  basis that clearly depict and grade the student's academic

16  performance in each class or course, the student's conduct,

17  and the student's attendance, in accordance with the

18  provisions of s. 1003.33.

19         (14)  STUDENT PROGRESS REPORTS.--Parents of public

20  school students shall be apprised at regular intervals of the

21  academic progress and other needed information regarding their

22  child, in accordance with the provisions of s. 1003.02(1)(h)2.

23         (15)  SCHOOL ACCOUNTABILITY AND SCHOOL IMPROVEMENT

24  RATING REPORTS.--Parents of public school students are

25  entitled to an easy-to-read report card about the grade

26  designation, school accountability including the school

27  financial report, and school improvement rating of their

28  child's school in accordance with the provisions of ss.

29  1008.22, 1003.02(3), and 1010.215(5).

30         (16)  ATHLETICS; PUBLIC HIGH SCHOOL.--

31  


                                 180

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (a)  Eligibility.--Eligibility requirements for all

 2  students participating in high school athletic competition

 3  must allow a student to be eligible in the school in which he

 4  or she first enrolls each school year, or makes himself or

 5  herself a candidate for an athletic team by engaging in

 6  practice before enrolling, in accordance with the provisions

 7  of s. 1006.20(2)(a).

 8         (b)  Medical evaluation.--Students must satisfactorily

 9  pass a medical evaluation each year before participating in

10  athletics, unless the parent objects in writing based on

11  religious tenets or practices, in accordance with the

12  provisions of s. 1006.20(2)(d).

13         (17)  EXTRACURRICULAR ACTIVITIES.--In accordance with

14  the provisions of s. 1006.15:

15         (a)  Eligibility.--Students who meet specified academic

16  and conduct requirements are eligible to participate in

17  extracurricular activities.

18         (b)  Home education students.--Home education students

19  who meet specified academic and conduct requirements are

20  eligible to participate in extracurricular activities at the

21  public school to which the student would be assigned or could

22  choose to attend according to district school board policies,

23  or may develop an agreement to participate at a private

24  school.

25         (c)  Charter school students.--Charter school students

26  who meet specified academic and conduct requirements are

27  eligible to participate in extracurricular activities at the

28  public school to which the student would be assigned or could

29  choose to attend according to district school board policies,

30  unless such activity is provided by the student's charter

31  school.


                                 181

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (d)  Discrimination prohibited.--Organizations that

 2  regulate or govern extracurricular activities of public

 3  schools shall not discriminate against any eligible student

 4  based on an educational choice of public, private, or home

 5  education.

 6         (18)  INSTRUCTIONAL MATERIALS.--

 7         (a)  Core courses.--Each public school student is

 8  entitled to sufficient instructional materials in the core

 9  courses of mathematics, language arts, social studies,

10  science, reading, and literature, in accordance with the

11  provisions of ss. 1003.02(1)(d) and 1006.40(2).

12         (b)  Curricular objectives.--The parent of each public

13  school student has the right to receive effective

14  communication from the school principal as to the manner in

15  which instructional materials are used to implement the

16  school's curricular objectives, in accordance with the

17  provisions of s. 1006.28(3)(a).

18         (c)  Sale of instructional materials.--Upon request of

19  the parent of a public school student, the school principal

20  must sell to the parent any instructional materials used in

21  the school, in accordance with the provisions of s.

22  1006.28(3)(c).

23         (d)  Dual enrollment students.--Instructional materials

24  purchased by a district school board or community college

25  board of trustees on behalf of public school dual enrollment

26  students shall be made available to the dual enrollment

27  students free of charge, in accordance with the provisions of

28  s. 1007.271(14) and (15).

29         (19)  JUVENILE JUSTICE PROGRAMS.--Students who are in

30  juvenile justice programs have the right to receive

31  


                                 182

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  educational programs and services in accordance with the

 2  provisions of s. 1003.52.

 3         (20)  PARENTAL INPUT AND MEETINGS.--

 4         (a)  Meetings with school district personnel.--Parents

 5  of public school students may be accompanied by another adult

 6  of their choice at any meeting with school district personnel.

 7         (b)  School district best financial management practice

 8  reviews.--Public school students and their parents may provide

 9  input regarding their concerns about the operations and

10  management of the school district both during and after the

11  conduct of a school district best financial management

12  practices review, in accordance with the provisions of s.

13  1008.35.

14         (c)  District school board educational facilities

15  programs.--Parents of public school students and other members

16  of the public have the right to receive proper public notice

17  and opportunity for public comment regarding the district

18  school board's educational facilities work program, in

19  accordance with the provisions of s. 1013.35.

20         (21)  TRANSPORTATION.--

21         (a)  Transportation to school.--Public school students

22  shall be provided transportation to school, in accordance with

23  the provisions of s. 1006.21(3)(a).

24         (b)  Hazardous walking conditions.--K-6 public school

25  students shall be provided transportation if they are

26  subjected to hazardous walking conditions, in accordance with

27  the provisions of ss. 1006.21(3)(b) and 1006.23.

28         (c)  Parental consent.--Each parent of a public school

29  student must be notified in writing and give written consent

30  before the student may be transported in a privately owned

31  


                                 183

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  motor vehicle to a school function, in accordance with the

 2  provisions of s. 1006.22(2)(b).

 3         Section 93.  Section 1002.21, Florida Statutes, is

 4  created to read:

 5         1002.21  Postsecondary student and parent rights.--

 6         (1)  STUDENT RECORDS.--Parents have rights regarding

 7  the student records of their children, and students 18 years

 8  of age and older have rights regarding their student records,

 9  including right of access, right of waiver of access, right to

10  challenge and hearing, and right of privacy, in accordance

11  with the provisions of ss. 1002.22, 1005.36, and 1006.52.

12         (2)  LEARNING DISABLED STUDENTS.--Impaired and learning

13  disabled students may be eligible for reasonable substitution

14  for admission, graduation, and upper-level division

15  requirements of public postsecondary educational institutions,

16  in accordance with the provisions of s. 1007.264.

17         (3)  EXPULSION, SUSPENSION, DISCIPLINE.--Public

18  postsecondary education students may be expelled, suspended,

19  or otherwise disciplined by the president of a public

20  postsecondary educational institution after notice to the

21  student of the charges and a hearing on the charges, in

22  accordance with the provisions of s. 1006.62.

23         (4)  RELIGIOUS BELIEFS.--Public postsecondary

24  educational institutions must provide reasonable

25  accommodations for the religious practices and beliefs of

26  individual students in regard to admissions, class attendance,

27  and the scheduling of examinations and work assignments, in

28  accordance with the provisions of s. 1006.53, and must provide

29  and describe in the student handbook a grievance procedure for

30  students to seek redress when they feel they have been

31  


                                 184

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  unreasonably denied an educational benefit due to their

 2  religious beliefs or practices.

 3         (5)  STUDENT HANDBOOKS.--Each state university and

 4  community college shall provide its students with an

 5  up-to-date student handbook that includes student rights and

 6  responsibilities, appeals processes available to students,

 7  contact persons available to help students, student conduct

 8  code, and information regarding HIV and AIDS, in accordance

 9  with the provisions of s. 1006.50.

10         (6)  STUDENT OMBUDSMAN OFFICE.--Each state university

11  and community college shall maintain a student ombudsman

12  office and established procedures for students to appeal to

13  the office regarding decisions about the student's access to

14  courses and credit granted toward the student's degree, in

15  accordance with the provisions of s. 1006.51.

16         Section 94.  Section 1002.22, Florida Statutes, is

17  created to read:

18         1002.22  Student records and reports; rights of parents

19  and students; notification; penalty.--

20         (1)  PURPOSE.--The purpose of this section is to

21  protect the rights of students and their parents with respect

22  to student records and reports as created, maintained, and

23  used by public educational institutions in the state. The

24  intent of the Legislature is that students and their parents

25  shall have rights of access, rights of challenge, and rights

26  of privacy with respect to such records and reports, and that

27  rules shall be available for the exercise of these rights.

28         (2)  DEFINITIONS.--As used in this section:

29         (a)  "Chief executive officer" means that person,

30  whether elected or appointed, who is responsible for the

31  management and administration of any public educational body


                                 185

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  or unit, or the chief executive officer's designee for student

 2  records; that is, the district school superintendent, the

 3  director of an area technical center, the president of a

 4  public postsecondary educational institution, or their

 5  designees.

 6         (b)  "Directory information" includes the student's

 7  name, address, telephone number if it is a listed number, date

 8  and place of birth, major field of study, participation in

 9  officially recognized activities and sports, weight and height

10  of members of athletic teams, dates of attendance, degrees and

11  awards received, and the most recent previous educational

12  agency or institution attended by the student.

13         (c)  "Records" and "reports" mean official records,

14  files, and data directly related to students that are created,

15  maintained, and used by public educational institutions,

16  including all material that is incorporated into each

17  student's cumulative record folder and intended for school use

18  or to be available to parties outside the school or school

19  system for legitimate educational or research purposes.

20  Materials that shall be considered as part of a student's

21  record include, but are not necessarily limited to:

22  identifying data, including a student's social security

23  number; academic work completed; level of achievement records,

24  including grades and standardized achievement test scores;

25  attendance data; scores on standardized intelligence,

26  aptitude, and psychological tests; interest inventory results;

27  health data; family background information; teacher or

28  counselor ratings and observations; verified reports of

29  serious or recurrent behavior patterns; and any other

30  evidence, knowledge, or information recorded in any medium,

31  including, but not limited to, handwriting, typewriting,


                                 186

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  print, magnetic tapes, film, microfilm, and microfiche, and

 2  maintained and used by an educational agency or institution or

 3  by a person acting for such agency or institution. However,

 4  the terms "records" and "reports" do not include:

 5         1.  Records of instructional, supervisory, and

 6  administrative personnel, and educational personnel ancillary

 7  to those persons, that are kept in the sole possession of the

 8  maker of the record and are not accessible or revealed to any

 9  other person except a substitute for any of such persons.  An

10  example of records of this type is instructor's grade books.

11         2.  Records of law enforcement units of the institution

12  that are maintained solely for law enforcement purposes and

13  that are not available to persons other than officials of the

14  institution or law enforcement officials of the same

15  jurisdiction in the exercise of that jurisdiction.

16         3.  Records made and maintained by the institution in

17  the normal course of business that relate exclusively to a

18  student in his or her capacity as an employee and that are not

19  available for use for any other purpose.

20         4.  Records created or maintained by a physician,

21  psychiatrist, psychologist, or other recognized professional

22  or paraprofessional acting in his or her professional or

23  paraprofessional capacity, or assisting in that capacity, that

24  are created, maintained, or used only in connection with the

25  provision of treatment to the student and that are not

26  available to anyone other than persons providing such

27  treatment.  However, such records shall be open to a physician

28  or other appropriate professional of the student's choice.

29         5.  Directory information as defined in this section.

30         6.  Other information, files, or data that do not

31  permit the personal identification of a student.


                                 187

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         7.  Letters or statements of recommendation or

 2  evaluation that were confidential under Florida law and that

 3  were received and made a part of the student's educational

 4  records prior to July 1, 1977.

 5         8.  Copies of the student's fingerprints.  No public

 6  educational institution shall maintain any report or record

 7  relative to a student that includes a copy of the student's

 8  fingerprints.

 9         (d)  "Student" means any child or adult who is enrolled

10  or who has been enrolled in any instructional program or

11  activity conducted under the authority and direction of an

12  institution comprising a part of the state system of public

13  education and with respect to whom an educational institution

14  maintains educational records and reports or personally

15  identifiable information, but does not include a person who

16  has not been in attendance as an enrollee at such institution.

17         (3)  RIGHTS OF PARENT OR STUDENT.--The parent of any

18  student who attends or has attended any public school, area

19  technical center, or public postsecondary educational

20  institution shall have the following rights with respect to

21  any records or reports created, maintained, and used by any

22  public educational institution in the state.  However,

23  whenever a student has attained 18 years of age, or is

24  attending a postsecondary educational institution, the

25  permission or consent required of, and the rights accorded to,

26  the parents of the student shall thereafter be required of and

27  accorded to the student only, unless the student is a

28  dependent student of such parents as defined in 26 U.S.C. s.

29  152 (s. 152 of the Internal Revenue Code of 1954). The State

30  Board of Education shall adopt rules whereby parents or

31  students may exercise these rights:


                                 188

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (a)  Right of access.--

 2         1.  Such parent or student shall have the right, upon

 3  request directed to the appropriate school official, to be

 4  provided with a list of the types of records and reports,

 5  directly related to students, as maintained by the institution

 6  that the student attends or has attended.

 7         2.  Such parent or student shall have the right, upon

 8  request, to be shown any record or report relating to such

 9  student maintained by any public educational institution.

10  When the record or report includes information on more than

11  one student, the parent or student shall be entitled to

12  receive, or be informed of, only that part of the record or

13  report that pertains to the student who is the subject of the

14  request.  Upon a reasonable request therefor, the institution

15  shall furnish such parent or student with an explanation or

16  interpretation of any such record or report.

17         3.  Copies of any list, record, or report requested

18  under the provisions of this paragraph shall be furnished to

19  the parent or student upon request.

20         4.  The State Board of Education shall adopt rules to

21  be followed by all public educational institutions in granting

22  requests for lists, or for access to reports and records or

23  for copies or explanations thereof under this paragraph.

24  However, access to any report or record requested under the

25  provisions of subparagraph 2. shall be granted within 30 days

26  after receipt of such request by the institution.  Fees may be

27  charged for furnishing any copies of reports or records

28  requested under subparagraph 3., but such fees shall not

29  exceed the actual cost to the institution of producing such

30  copies.

31  


                                 189

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  Right of waiver of access to confidential letters

 2  or statements.--A parent or student shall have the right to

 3  waive the right of access to letters or statements of

 4  recommendation or evaluation, except that such waiver shall

 5  apply to recommendations or evaluations only if:

 6         1.  The parent or student is, upon request, notified of

 7  the names of all persons submitting confidential letters or

 8  statements.

 9         2.  Such recommendations or evaluations are used solely

10  for the purpose for which they were specifically intended.

11  

12  Such waivers may not be required as a condition for admission

13  to, receipt of financial aid from, or receipt of any other

14  services or benefits from, any public agency or public

15  educational institution in this state.

16         (c)  Right to challenge and hearing.--A parent or

17  student shall have the right to challenge the content of any

18  record or report to which such person is granted access under

19  paragraph (a), in order to ensure that the record or report is

20  not inaccurate, misleading, or otherwise in violation of the

21  privacy or other rights of the student and to provide an

22  opportunity for the correction, deletion, or expunction of any

23  inaccurate, misleading, or otherwise inappropriate data or

24  material contained therein.  Any challenge arising under the

25  provisions of this paragraph may be settled through informal

26  meetings or discussions between the parent or student and

27  appropriate officials of the educational institution. If the

28  parties at such a meeting agree to make corrections, to make

29  deletions, to expunge material, or to add a statement of

30  explanation or rebuttal to the file, such agreement shall be

31  reduced to writing and signed by the parties; and the


                                 190

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  appropriate school officials shall take the necessary actions

 2  to implement the agreement.  If the parties cannot reach an

 3  agreement, upon the request of either party, a hearing shall

 4  be held on such challenge under rules adopted by the State

 5  Board of Education. Upon the request of the parent or student,

 6  the hearing shall be exempt from the requirements of s.

 7  286.011.  Such rules shall include at least the following

 8  provisions:

 9         1.  The hearing shall be conducted within a reasonable

10  period of time following the request for the hearing.

11         2.  The hearing shall be conducted, and the decision

12  rendered, by an official of the educational institution or

13  other party who does not have a direct interest in the outcome

14  of the hearing.

15         3.  The parent or student shall be afforded a full and

16  fair opportunity to present evidence relevant to the issues

17  raised under this paragraph.

18         4.  The decision shall be rendered in writing within a

19  reasonable period of time after the conclusion of the hearing.

20         5.  The appropriate school officials shall take the

21  necessary actions to implement the decision.

22         (d)  Right of privacy.--Every student shall have a

23  right of privacy with respect to the educational records kept

24  on him or her. Personally identifiable records or reports of a

25  student, and any personal information contained therein, are

26  confidential and exempt from the provisions of s. 119.07(1).

27  No state or local educational agency, board, public school,

28  technical center, or public postsecondary educational

29  institution shall permit the release of such records, reports,

30  or information without the written consent of the student's

31  parent, or of the student himself or herself if he or she is


                                 191

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  qualified as provided in this subsection, to any individual,

 2  agency, or organization.  However, personally identifiable

 3  records or reports of a student may be released to the

 4  following persons or organizations without the consent of the

 5  student or the student's parent:

 6         1.  Officials of schools, school systems, technical

 7  centers, or public postsecondary educational institutions in

 8  which the student seeks or intends to enroll; and a copy of

 9  such records or reports shall be furnished to the parent or

10  student upon request.

11         2.  Other school officials, including teachers within

12  the educational institution or agency, who have legitimate

13  educational interests in the information contained in the

14  records.

15         3.  The United States Secretary of Education, the

16  Director of the National Institute of Education, the Assistant

17  Secretary for Education, the Comptroller General of the United

18  States, or state or local educational authorities who are

19  authorized to receive such information subject to the

20  conditions set forth in applicable federal statutes and

21  regulations of the United States Department of Education, or

22  in applicable state statutes and rules of the State Board of

23  Education.

24         4.  Other school officials, in connection with a

25  student's application for or receipt of financial aid.

26         5.  Individuals or organizations conducting studies for

27  or on behalf of an institution or a board of education for the

28  purpose of developing, validating, or administering predictive

29  tests, administering student aid programs, or improving

30  instruction, if such studies are conducted in such a manner as

31  will not permit the personal identification of students and


                                 192

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  their parents by persons other than representatives of such

 2  organizations and if such information will be destroyed when

 3  no longer needed for the purpose of conducting such studies.

 4         6.  Accrediting organizations, in order to carry out

 5  their accrediting functions.

 6         7.  School readiness coalitions and the Florida

 7  Partnership for School Readiness in order to carry out their

 8  assigned duties.

 9         8.  For use as evidence in student expulsion hearings

10  conducted by a district school board pursuant to the

11  provisions of chapter 120.

12         9.  Appropriate parties in connection with an

13  emergency, if knowledge of the information in the student's

14  educational records is necessary to protect the health or

15  safety of the student or other individuals.

16         10.  The Auditor General and the Office of Program

17  Policy Analysis and Government Accountability in connection

18  with their official functions; however, except when the

19  collection of personally identifiable information is

20  specifically authorized by law, any data collected by the

21  Auditor General and the Office of Program Policy Analysis and

22  Government Accountability is confidential and exempt from the

23  provisions of s. 119.07(1) and shall be protected in such a

24  way as will not permit the personal identification of students

25  and their parents by other than the Auditor General, the

26  Office of Program Policy Analysis and Government

27  Accountability, and their staff, and such personally

28  identifiable data shall be destroyed when no longer needed for

29  the Auditor General's and the Office of Program Policy

30  Analysis and Government Accountability's official use.

31  


                                 193

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         11.a.  A court of competent jurisdiction in compliance

 2  with an order of that court or the attorney of record pursuant

 3  to a lawfully issued subpoena, upon the condition that the

 4  student and the student's parent are notified of the order or

 5  subpoena in advance of compliance therewith by the educational

 6  institution or agency.

 7         b.  A person or entity pursuant to a court of competent

 8  jurisdiction in compliance with an order of that court or the

 9  attorney of record pursuant to a lawfully issued subpoena,

10  upon the condition that the student, or his or her parent if

11  the student is either a minor and not attending a

12  postsecondary educational institution or a dependent of such

13  parent as defined in 26 U.S.C. s. 152 (s. 152 of the Internal

14  Revenue Code of 1954), is notified of the order or subpoena in

15  advance of compliance therewith by the educational institution

16  or agency.

17         12.  Credit bureaus, in connection with an agreement

18  for financial aid that the student has executed, provided that

19  such information may be disclosed only to the extent necessary

20  to enforce the terms or conditions of the financial aid

21  agreement. Credit bureaus shall not release any information

22  obtained pursuant to this paragraph to any person.

23         13.  Parties to an interagency agreement among the

24  Department of Juvenile Justice, school and law enforcement

25  authorities, and other signatory agencies for the purpose of

26  reducing juvenile crime and especially motor vehicle theft by

27  promoting cooperation and collaboration, and the sharing of

28  appropriate information in a joint effort to improve school

29  safety, to reduce truancy and in-school and out-of-school

30  suspensions, and to support alternatives to in-school and

31  out-of-school suspensions and expulsions that provide


                                 194

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  structured and well-supervised educational programs

 2  supplemented by a coordinated overlay of other appropriate

 3  services designed to correct behaviors that lead to truancy,

 4  suspensions, and expulsions, and that support students in

 5  successfully completing their education.  Information provided

 6  in furtherance of such interagency agreements is intended

 7  solely for use in determining the appropriate programs and

 8  services for each juvenile or the juvenile's family, or for

 9  coordinating the delivery of such programs and services, and

10  as such is inadmissible in any court proceedings prior to a

11  dispositional hearing unless written consent is provided by a

12  parent or other responsible adult on behalf of the juvenile.

13  

14  This paragraph does not prohibit any educational institution

15  from publishing and releasing to the general public directory

16  information relating to a student if the institution elects to

17  do so.  However, no educational institution shall release, to

18  any individual, agency, or organization that is not listed in

19  subparagraphs 1.-13., directory information relating to the

20  student body in general or a portion thereof unless it is

21  normally published for the purpose of release to the public in

22  general.  Any educational institution making directory

23  information public shall give public notice of the categories

24  of information that it has designated as directory information

25  with respect to all students attending the institution and

26  shall allow a reasonable period of time after such notice has

27  been given for a parent or student to inform the institution

28  in writing that any or all of the information designated

29  should not be released.

30         (4)  NOTIFICATION.--Every parent and student entitled

31  to rights relating to student records and reports under the


                                 195

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  provisions of subsection (3) shall be notified annually, in

 2  writing, of such rights and that the institution has a policy

 3  of supporting the law; the types of information and data

 4  generally entered in the student records as maintained by the

 5  institution; and the procedures to be followed in order to

 6  exercise such rights.  The notification shall be general in

 7  form and in a manner to be determined by the State Board of

 8  Education and may be incorporated with other printed materials

 9  distributed to students, such as being printed on the back of

10  school assignment forms or report cards for students attending

11  kindergarten or grades 1 through 12 in the public school

12  system and being printed in college catalogs or in other

13  program announcement bulletins for students attending

14  postsecondary educational institutions.

15         (5)  PENALTY.--In the event that any public school

16  official or employee, district school board official or

17  employee, technical center official or employee, or public

18  postsecondary educational institution official or employee

19  refuses to comply with any of the provisions of this section,

20  the aggrieved parent or student shall have an immediate right

21  to bring an action in the circuit court to enforce the

22  violated right by injunction.  Any aggrieved parent or student

23  who brings such an action and whose rights are vindicated may

24  be awarded attorney's fees and court costs.

25         (6)  APPLICABILITY TO RECORDS OF DEFUNCT

26  INSTITUTIONS.--The provisions of this section also apply to

27  student records that any nonpublic educational institution

28  that is no longer operating has deposited with the district

29  school superintendent in the county where the nonpublic

30  educational institution was located.

31  


                                 196

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 95.  Part III of chapter 1002, Florida

 2  Statutes, shall be entitled "Educational Choice" and shall

 3  consist of ss. 1002.31-1002.39.

 4         Section 96.  Section 1002.31, Florida Statutes, is

 5  created to read:

 6         1002.31  Public school parental choice.--

 7         (1)  As used in this section, "controlled open

 8  enrollment" means a public education delivery system that

 9  allows school districts to make student school assignments

10  using parents' indicated preferential school choice as a

11  significant factor.

12         (2)  Each district school board may offer controlled

13  open enrollment within the public schools. The controlled open

14  enrollment program shall be offered in addition to the

15  existing choice programs such as magnet schools, alternative

16  schools, special programs, advanced placement, and dual

17  enrollment.

18         (3)  Each district school board shall develop a

19  controlled open enrollment plan which describes the

20  implementation of subsection (2).

21         (4)  School districts shall adhere to federal

22  desegregation requirements.  No controlled open enrollment

23  plan that conflicts with federal desegregation orders shall be

24  implemented.

25         (5)  Each school district shall develop a system of

26  priorities for its plan that includes consideration of the

27  following:

28         (a)  An application process required to participate in

29  the controlled open enrollment program.

30         (b)  A process that allows parents to declare school

31  preferences.


                                 197

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (c)  A process that encourages placement of siblings

 2  within the same school.

 3         (d)  A lottery procedure used by the school district to

 4  determine student assignment.

 5         (e)  An appeals process for hardship cases.

 6         (f)  The procedures to maintain socioeconomic,

 7  demographic, and racial balance.

 8         (g)  The availability of transportation.

 9         (h)  A process that promotes strong parental

10  involvement, including the designation of a parent liaison.

11         (i)  A strategy that establishes a clearinghouse of

12  information designed to assist parents in making informed

13  choices.

14         (6)  Plans shall be submitted to the Commissioner of

15  Education. The Commissioner of Education shall develop an

16  annual report on the status of school choice and deliver the

17  report to the Governor, the President of the Senate, and the

18  Speaker of the House of Representatives at least 90 days prior

19  to the convening of the regular session of the Legislature.

20         (7)  Notwithstanding any provision of this section, a

21  school district with schools operating on both multiple

22  session schedules and single session schedules shall afford

23  parents of students in multiple session schools preferred

24  access to the controlled open enrollment program of the school

25  district.

26         (8)  Each district school board shall annually report

27  the number of students applying for and attending the various

28  types of public schools of choice in the district, including

29  schools such as magnet schools and public charter schools,

30  according to rules adopted by the State Board of Education.

31  


                                 198

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 97.  Section 1002.32, Florida Statutes, is

 2  created to read:

 3         1002.32  Developmental research (laboratory) schools.--

 4         (1)  SHORT TITLE.--This section may be cited as the

 5  "Sidney Martin Developmental Research School Act."

 6         (2)  ESTABLISHMENT.--There is established a category of

 7  public schools to be known as developmental research

 8  (laboratory) schools (lab schools). Each lab school shall

 9  provide sequential instruction and shall be affiliated with

10  the college of education within the state university of

11  closest geographic proximity. A lab school to which a charter

12  has been issued under s. 1002.33(5)(b) must be affiliated with

13  the college of education within the state university that

14  issued the charter, but is not subject to the requirement that

15  the state university be of closest geographic proximity. For

16  the purpose of state funding, Florida Agricultural and

17  Mechanical University, Florida Atlantic University, Florida

18  State University, the University of Florida, and other

19  universities approved by the State Board of Education and the

20  Legislature are authorized to sponsor one or more lab schools.

21         (3)  MISSION.--The mission of a lab school shall be the

22  provision of a vehicle for the conduct of research,

23  demonstration, and evaluation regarding management, teaching,

24  and learning. Programs to achieve the mission of a lab school

25  shall embody the goals and standards established pursuant to

26  ss. 1000.03(5) and 1001.23(2) and shall ensure an appropriate

27  education for its students.

28         (a)  Each lab school shall emphasize mathematics,

29  science, computer science, and foreign languages. The primary

30  goal of a lab school is to enhance instruction and research in

31  such specialized subjects by using the resources available on


                                 199

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  a state university campus, while also providing an education

 2  in nonspecialized subjects. Each lab school shall provide

 3  sequential elementary and secondary instruction where

 4  appropriate. A lab school may not provide instruction at grade

 5  levels higher than grade 12 without authorization from the

 6  State Board of Education. Each developmental research school

 7  shall develop and implement a school improvement plan pursuant

 8  to s. 1003.02(3).

 9         (b)  Research, demonstration, and evaluation conducted

10  at a lab school may be generated by the college of education

11  and other colleges within the university with which the school

12  is affiliated.

13         (c)  Research, demonstration, and evaluation conducted

14  at a lab school may be generated by the State Board of

15  Education. Such research shall respond to the needs of the

16  education community at large, rather than the specific needs

17  of the affiliated college.

18         (d)  Research, demonstration, and evaluation conducted

19  at a lab school may consist of pilot projects to be generated

20  by the affiliated college, the State Board of Education, or

21  the Legislature.

22         (e)  The exceptional education programs offered at a

23  lab school shall be determined by the research and evaluation

24  goals and the availability of students for efficiently sized

25  programs. The fact that a lab school offers an exceptional

26  education program in no way lessens the general responsibility

27  of the local school district to provide exceptional education

28  programs.

29         (4)  STUDENT ADMISSIONS.--Each lab school may establish

30  a primary research objective related to fundamental issues and

31  problems that occur in the public elementary and secondary


                                 200

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  schools of the state. A student population reflective of the

 2  student population of the public school environment in which

 3  the issues and problems are most prevalent shall be promoted

 4  and encouraged through the establishment and implementation of

 5  an admission process that is designed to result in a

 6  representative sample of public school enrollment based on

 7  gender, race, socioeconomic status, and academic ability,

 8  notwithstanding the provisions of s. 1000.05.

 9         (5)  STUDENT FEES.--Each lab school may charge a

10  student activity and service fee. Any school that elects to

11  charge such a fee shall provide information regarding the use

12  of the fee as well as an annual report that documents the

13  manner in which the moneys provided by such fee were expended.

14  The annual report prescribed in this subsection shall be

15  distributed to the parents of each student. No additional fees

16  shall be charged.

17         (6)  SUPPLEMENTAL-SUPPORT ORGANIZATIONS.--Each lab

18  school may accrue supplemental revenue from

19  supplemental-support organizations, which include, but are not

20  limited to, alumni associations, foundations, parent-teacher

21  associations, and booster associations. The governing body of

22  each supplemental-support organization shall recommend the

23  expenditure of moneys collected by the organization for the

24  benefit of the school. Such expenditures shall be contingent

25  upon the recommendations of the school advisory council and

26  review of the director. The director may override any proposed

27  expenditure of the organization that would violate Florida

28  Statutes or breach sound educational management.

29         (7)  PERSONNEL.--

30  

31  


                                 201

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (a)  Each lab school may employ either a director or a

 2  principal, or both, at the discretion of the university. The

 3  duties of such personnel shall be as follows:

 4         1.  Each director shall be the chief executive officer

 5  and shall oversee the education, research, and evaluation

 6  goals of the school. The director shall be responsible for

 7  recommending policy to the advisory board. The director shall

 8  be accountable for the financial resources of the school.

 9         2.  Each principal shall be the chief educational

10  officer and shall oversee the educational program of the

11  school. The principal shall be accountable for the daily

12  operation and administration of the school.

13         (b)  Faculty may serve simultaneously as instructional

14  personnel for the lab school and the university with which the

15  school is affiliated. Nothing in this section is intended to

16  affect the collective bargaining rights of lab school

17  employees, except as specifically provided in this section.

18         (c)  Lab school faculty members shall meet the

19  certification requirements of ss. 1012.32 and 1012.42.

20         (8)  ADVISORY BOARDS.--Each public school in the state

21  shall establish a school advisory council that is reflective

22  of the population served by the school, pursuant to s.

23  1001.452, and is responsible for the development and

24  implementation of the school improvement plan pursuant to s.

25  1003.02(3). Lab schools shall comply with the provisions of s.

26  1001.452 in one of two ways:

27         (a)  Each lab school may establish two advisory bodies

28  as follows:

29         1.  An advisory body pursuant to the provisions and

30  requirements of s. 1001.452 to be responsible for the

31  


                                 202

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  development and implementation of the school improvement plan,

 2  pursuant to s. 1003.02(3).

 3         2.  An advisory board to provide general oversight and

 4  guidance. The dean of the affiliated college of education

 5  shall be a standing member of the board, and the president of

 6  the university shall appoint four faculty members from the

 7  related university, at least two of whom are from the college

 8  of education, one layperson who resides in the county in which

 9  the school is located, two parents of students who attend the

10  lab school, and one lab school student appointed by the

11  principal to serve on the advisory board. The term of each

12  member shall be for 2 years, and any vacancy shall be filled

13  with a person of the same classification as his or her

14  predecessor for the balance of the unexpired term. The

15  president shall stagger the terms of the initial appointees in

16  a manner that results in the expiration of terms of no more

17  than two members in any year. The president shall call the

18  organizational meeting of the board. The board shall annually

19  elect a chair and a vice chair. There shall be no limitation

20  on successive appointments to the board or successive terms

21  that may be served by a chair or vice chair. The board shall

22  adopt internal organizational procedures or bylaws necessary

23  for efficient operation as provided in chapter 120. Board

24  members shall not receive per diem or travel expenses for the

25  performance of their duties.  The board shall:

26         a.  Meet at least quarterly.

27         b.  Monitor the operations of the school and the

28  distribution of moneys allocated for such operations.

29         c.  Establish necessary policy, program, and

30  administration modifications.

31  


                                 203

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         d.  Evaluate biennially the performance of the director

 2  and principal and recommend corresponding action to the dean

 3  of the college of education.

 4         e.  Annually review evaluations of the school's

 5  operation and research findings.

 6         (b)  Each lab school may establish one advisory body

 7  responsible for the development and implementation of the

 8  school improvement plan, pursuant to s. 1003.02(3), in

 9  addition to general oversight and guidance responsibilities.

10  The advisory body shall reflect the membership composition

11  requirements established in s. 1001.452, but may also include

12  membership by the dean of the college of education and

13  additional members appointed by the president of the

14  university that represent faculty members from the college of

15  education, the university, or other bodies deemed appropriate

16  for the mission of the school.

17         (9)  FUNDING.--Funding for a lab school, including a

18  charter lab school, shall be provided as follows:

19         (a)  Each lab school shall be allocated its

20  proportional share of operating funds from the Florida

21  Education Finance Program as provided in s. 1011.62 and the

22  General Appropriations Act. The nonvoted ad valorem millage

23  that would otherwise be required for lab schools shall be

24  allocated from state funds. The required local effort funds

25  calculated pursuant to s. 1011.62 shall be allocated from

26  state funds to the schools as a part of the allocation of

27  operating funds pursuant to s. 1011.62. Each eligible lab

28  school shall also receive a proportional share of the sparsity

29  supplement as calculated pursuant to s. 1011.62. In addition,

30  each lab school shall receive its proportional share of all

31  categorical funds, with the exception of s. 1011.68, and new


                                 204

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  categorical funds enacted after July 1, 1994, for the purpose

 2  of elementary or secondary academic program enhancement. The

 3  sum of funds available as provided in this paragraph shall be

 4  included annually in the Florida Education Finance Program and

 5  appropriate categorical programs funded in the General

 6  Appropriations Act.

 7         (b)  There is created a Lab School Educational Facility

 8  Trust Fund to be administered by the Commissioner of

 9  Education. Allocations from such fund shall be expended solely

10  for the purpose of facility construction, repair, renovation,

11  remodeling, site improvement, or maintenance. The commissioner

12  shall administer the fund in accordance with ss. 1013.60,

13  1013.64, 1013.65, and 1013.66.

14         (c)  All operating funds provided under this section

15  shall be deposited in a Lab School Trust Fund and shall be

16  expended for the purposes of this section. The university

17  assigned a lab school shall be the fiscal agent for these

18  funds, and all rules of the university governing the budgeting

19  and expenditure of state funds shall apply to these funds

20  unless otherwise provided by law or rule of the State Board of

21  Education. The university board of trustees shall be the

22  public employer of lab school personnel for collective

23  bargaining purposes.

24         (d)  Each lab school shall receive funds for operating

25  purposes in an amount determined as follows: multiply the

26  maximum allowable nonvoted discretionary millage for

27  operations pursuant to s. 1011.71(1) by the value of 95

28  percent of the current year's taxable value for school

29  purposes for the district in which each lab school is located;

30  divide the result by the total full-time equivalent membership

31  of the district; and multiply the result by the full-time


                                 205

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  equivalent membership of the lab school. The amount thus

 2  obtained shall be discretionary operating funds and shall be

 3  appropriated from state funds in the General Appropriations

 4  Act to the Lab School Trust Fund.

 5         (e)  Each lab school shall receive funds for capital

 6  improvement purposes in an amount determined as follows:

 7  multiply the maximum allowable nonvoted discretionary millage

 8  for capital improvements pursuant to s. 1011.71(2) by the

 9  value of 95 percent of the current year's taxable value for

10  school purposes for the district in which each lab school is

11  located; divide the result by the total full-time equivalent

12  membership of the district; and multiply the result by the

13  full-time equivalent membership of the lab school. The amount

14  thus obtained shall be discretionary capital improvement funds

15  and shall be appropriated from state funds in the General

16  Appropriations Act to the Lab School Educational Facility

17  Trust Fund.

18         (f)  In addition to the funds appropriated for capital

19  outlay budget needs, lab schools may receive specific funding

20  as specified in the General Appropriations Act for upgrading,

21  renovating, and remodeling science laboratories.

22         (g)  Each lab school is designated a teacher education

23  center and may provide inservice training to school district

24  personnel. The Department of Education shall provide funds to

25  the Lab School Trust Fund for this purpose from appropriations

26  for inservice teacher education.

27         (h)  A lab school to which a charter has been issued

28  under s. 1002.33(5)(b) is eligible to receive funding for

29  charter school capital outlay if it meets the eligibility

30  requirements of s. 1013.62. If the lab school receives funds

31  from charter school capital outlay, the school shall receive


                                 206

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  capital outlay funds otherwise provided in this subsection

 2  only to the extent that funds allocated pursuant to s. 1013.62

 3  are insufficient to provide capital outlay funds to the lab

 4  school at one-fifteenth of the cost per student station.

 5         (10)  IMPLEMENTATION.--The State Board of Education

 6  shall adopt rules necessary to facilitate the implementation

 7  of this section.

 8         (11)  EXCEPTIONS TO LAW.--To encourage innovative

 9  practices and facilitate the mission of the lab schools, in

10  addition to the exceptions to law specified in s. 1001.23(2),

11  the following exceptions shall be permitted for lab schools:

12         (a)  The methods and requirements of the following

13  statutes shall be held in abeyance:  ss. 1001.30; 1001.31;

14  1001.32; 1001.33; 1001.34; 1001.35; 1001.36; 1001.361;

15  1001.362; 1001.363; 1001.37; 1001.371; 1001.372; 1001.38;

16  1001.39; 1001.395; 1001.40; 1001.41; 1001.44; 1001.46;

17  1001.461; 1001.462; 1001.463; 1001.464; 1001.47; 1001.48;

18  1001.49; 1001.50; 1001.51; 1006.12(1); 1006.21(3), (4);

19  1006.23; 1010.07(2); 1010.40; 1010.41; 1010.42; 1010.43;

20  1010.44; 1010.45; 1010.46; 1010.47; 1010.48; 1010.49; 1010.50;

21  1010.51; 1010.52; 1010.53; 1010.54; 1010.55; 1011.02(1)-(3),

22  (5); 1011.04; 1011.20; 1011.21; 1011.22; 1011.23; 1011.71;

23  1011.72; 1011.73; 1011.74; 1013.77; and 316.75.

24         (b)  With the exception of s. 1001.42(16), s. 1001.42

25  shall be held in abeyance. Reference to district school boards

26  in s. 1001.42(16) shall mean the president of the university

27  or the president's designee.

28         Section 98.  Section 1002.33, Florida Statutes, is

29  created to read:

30         1002.33  Charter schools.--

31  


                                 207

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (1)  AUTHORIZATION.--Charter schools shall be part of

 2  the state's program of public education. All charter schools

 3  in Florida are public schools. A charter school may be formed

 4  by creating a new school or converting an existing public

 5  school to charter status. A public school may not use the term

 6  charter in its name unless it has been approved under this

 7  section.

 8         (2)  PURPOSE.--

 9         (a)  Charter schools shall fulfill the following

10  purposes:

11         1.  Improve student learning and academic achievement.

12         2.  Increase learning opportunities for all students,

13  with special emphasis on low-performing students.

14         3.  Create new professional opportunities for teachers,

15  including ownership of the learning program at the school

16  site.

17         4.  Encourage the use of innovative learning methods.

18         5.  Require the measurement of learning outcomes.

19         (b)  Charter schools may fulfill the following

20  purposes:

21         1.  Create innovative measurement tools.

22         2.  Provide rigorous competition within the public

23  school district to stimulate continual improvement in all

24  public schools.

25         3.  Expand the capacity of the public school system.

26         (3)  APPLICATION FOR CHARTER STATUS.--

27         (a)  An application for a new charter school may be

28  made by an individual, teachers, parents, a group of

29  individuals, a municipality, or a legal entity organized under

30  the laws of this state.

31  


                                 208

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  An application for a conversion charter school

 2  shall be made by the district school board, the principal,

 3  teachers, parents, and/or the school advisory council at an

 4  existing public school that has been in operation for at least

 5  2 years prior to the application to convert, including a

 6  public school-within-a-school that is designated as a school

 7  by the district school board. An application submitted

 8  proposing to convert an existing public school to a charter

 9  school shall demonstrate the support of at least 50 percent of

10  the teachers employed at the school and 50 percent of the

11  parents voting whose children are enrolled at the school,

12  provided that a majority of the parents eligible to vote

13  participate in the ballot process, according to rules adopted

14  by the State Board of Education. A district school board

15  denying an application for a conversion charter school shall

16  provide notice of denial to the applicants in writing within

17  30 days after the meeting at which the district school board

18  denied the application. The notice must specify the exact

19  reasons for denial and must provide documentation supporting

20  those reasons. A private school, parochial school, or home

21  education program shall not be eligible for charter school

22  status.

23         (4)  UNLAWFUL REPRISAL.--

24         (a)  No district school board, or district school board

25  employee who has control over personnel actions, shall take

26  unlawful reprisal against another district school board

27  employee because that employee is either directly or

28  indirectly involved with an application to establish a charter

29  school. As used in this subsection, the term "unlawful

30  reprisal" means an action taken by a district school board or

31  a school system employee against an employee who is directly


                                 209

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  or indirectly involved in a lawful application to establish a

 2  charter school, which occurs as a direct result of that

 3  involvement, and which results in one or more of the

 4  following: disciplinary or corrective action; adverse transfer

 5  or reassignment, whether temporary or permanent; suspension,

 6  demotion, or dismissal; an unfavorable performance evaluation;

 7  a reduction in pay, benefits, or rewards; elimination of the

 8  employee's position absent of a reduction in workforce as a

 9  result of lack of moneys or work; or other adverse significant

10  changes in duties or responsibilities that are inconsistent

11  with the employee's salary or employment classification. The

12  following procedures shall apply to an alleged unlawful

13  reprisal that occurs as a consequence of an employee's direct

14  or indirect involvement with an application to establish a

15  charter school:

16         1.  Within 60 days after the date upon which a reprisal

17  prohibited by this subsection is alleged to have occurred, an

18  employee may file a complaint with the Department of

19  Education.

20         2.  Within 3 working days after receiving a complaint

21  under this section, the Department of Education shall

22  acknowledge receipt of the complaint and provide copies of the

23  complaint and any other relevant preliminary information

24  available to each of the other parties named in the complaint,

25  which parties shall each acknowledge receipt of such copies to

26  the complainant.

27         3.  If the Department of Education determines that the

28  complaint demonstrates reasonable cause to suspect that an

29  unlawful reprisal has occurred, the Department of Education

30  shall conduct an investigation to produce a fact-finding

31  report.


                                 210

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         4.  Within 90 days after receiving the complaint, the

 2  Department of Education shall provide the district school

 3  superintendent of the complainant's district and the

 4  complainant with a fact-finding report that may include

 5  recommendations to the parties or a proposed resolution of the

 6  complaint. The fact-finding report shall be presumed

 7  admissible in any subsequent or related administrative or

 8  judicial review.

 9         5.  If the Department of Education determines that

10  reasonable grounds exist to believe that an unlawful reprisal

11  has occurred, is occurring, or is to be taken, and is unable

12  to conciliate a complaint within 60 days after receipt of the

13  fact-finding report, the Department of Education shall

14  terminate the investigation. Upon termination of any

15  investigation, the Department of Education shall notify the

16  complainant and the district school superintendent of the

17  termination of the investigation, providing a summary of

18  relevant facts found during the investigation and the reasons

19  for terminating the investigation. A written statement under

20  this paragraph is presumed admissible as evidence in any

21  judicial or administrative proceeding.

22         6.  The Department of Education shall either contract

23  with the Division of Administrative Hearings under s. 120.65,

24  or otherwise provide for a complaint for which the Department

25  of Education determines reasonable grounds exist to believe

26  that an unlawful reprisal has occurred, is occurring, or is to

27  be taken, and is unable to conciliate, to be heard by a panel

28  of impartial persons. Upon hearing the complaint, the panel

29  shall make findings of fact and conclusions of law for a final

30  decision by the Department of Education.

31  


                                 211

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  It shall be an affirmative defense to any action brought

 2  pursuant to this section that the adverse action was

 3  predicated upon grounds other than, and would have been taken

 4  absent, the employee's exercise of rights protected by this

 5  section.

 6         (b)  In any action brought under this section for which

 7  it is determined reasonable grounds exist to believe that an

 8  unlawful reprisal has occurred, is occurring, or is to be

 9  taken, the relief shall include the following:

10         1.  Reinstatement of the employee to the same position

11  held before the unlawful reprisal was commenced, or to an

12  equivalent position, or payment of reasonable front pay as

13  alternative relief.

14         2.  Reinstatement of the employee's full fringe

15  benefits and seniority rights, as appropriate.

16         3.  Compensation, if appropriate, for lost wages,

17  benefits, or other lost remuneration caused by the unlawful

18  reprisal.

19         4.  Payment of reasonable costs, including attorney's

20  fees, to a substantially prevailing employee, or to the

21  prevailing employer if the employee filed a frivolous action

22  in bad faith.

23         5.  Issuance of an injunction, if appropriate, by a

24  court of competent jurisdiction.

25         6.  Temporary reinstatement to the employee's former

26  position or to an equivalent position, pending the final

27  outcome of the complaint, if it is determined that the action

28  was not made in bad faith or for a wrongful purpose, and did

29  not occur after a district school board's initiation of a

30  personnel action against the employee that includes

31  


                                 212

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  documentation of the employee's violation of a disciplinary

 2  standard or performance deficiency.

 3         (5)  SPONSOR.--

 4         (a)  A district school board may sponsor a charter

 5  school in the county over which the district school board has

 6  jurisdiction.

 7         (b)  A state university may grant a charter to a lab

 8  school created under s. 1002.32 and shall be considered to be

 9  the school's sponsor. Such school shall be considered a

10  charter lab school.

11         (c)  The sponsor shall monitor and review the charter

12  school in its progress towards the goals established in the

13  charter.

14         (d)  The sponsor shall monitor the revenues and

15  expenditures of the charter school.

16         (e)  The sponsor may approve a charter for a charter

17  school before the applicant has secured space, equipment, or

18  personnel, if the applicant indicates approval is necessary

19  for it to raise working capital.

20         (f)  The sponsor's policies shall not apply to a

21  charter school.

22         (g)  A sponsor shall ensure that the charter is

23  innovative and consistent with the state education goals

24  established by s. 1000.03(5).

25         (6)  APPLICATION PROCESS AND REVIEW.--

26         (a)  A district school board shall receive and review

27  all applications for a charter school. A district school board

28  shall receive and consider charter school applications

29  received on or before October 1 of each calendar year for

30  charter schools to be opened at the beginning of the school

31  district's next school year, or to be opened at a time agreed


                                 213

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  to by the applicant and the district school board. A district

 2  school board may receive applications later than this date if

 3  it chooses. A sponsor may not charge an applicant for a

 4  charter any fee for the processing or consideration of an

 5  application, and a sponsor may not base its consideration or

 6  approval of an application upon the promise of future payment

 7  of any kind.

 8         1.  In order to facilitate an accurate budget

 9  projection process, a district school board shall be held

10  harmless for FTE students who are not included in the FTE

11  projection due to approval of charter school applications

12  after the FTE projection deadline. In a further effort to

13  facilitate an accurate budget projection, within 15 calendar

14  days after receipt of a charter school application, a district

15  school board or other sponsor shall report to the Department

16  of Education the name of the applicant entity, the proposed

17  charter school location, and its projected FTE.

18         2.  A district school board shall by a majority vote

19  approve or deny an application no later than 60 calendar days

20  after the application is received, unless the district school

21  board and the applicant mutually agree to temporarily postpone

22  the vote to a specific date, at which time the district school

23  board shall by a majority vote approve or deny the

24  application. If the district school board fails to act on the

25  application, an applicant may appeal to the State Board of

26  Education as provided in paragraph (b). If an application is

27  denied, the district school board shall, within 10 calendar

28  days, articulate in writing the specific reasons based upon

29  good cause supporting its denial of the charter application.

30         3.  For budget projection purposes, the district school

31  board or other sponsor shall report to the Department of


                                 214

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Education the approval or denial of a charter application

 2  within 10 calendar days after such approval or denial. In the

 3  event of approval, the report to the Department of Education

 4  shall include the final projected FTE for the approved charter

 5  school.

 6         4.  Upon approval of a charter application, the initial

 7  startup shall commence with the beginning of the public school

 8  calendar for the district in which the charter is granted

 9  unless the district school board allows a waiver of this

10  provision for good cause.

11         (b)  An applicant may appeal any denial of that

12  applicant's application or failure to act on an application to

13  the State Board of Education no later than 30 calendar days

14  after receipt of the district school board's decision or

15  failure to act and shall notify the district school board of

16  its appeal.  Any response of the district school board shall

17  be submitted to the State Board of Education within 30

18  calendar days after notification of the appeal.  Upon receipt

19  of notification from the State Board of Education that a

20  charter school applicant is filing an appeal, the Commissioner

21  of Education shall convene a meeting of the Charter School

22  Appeal Commission to study and make recommendations to the

23  State Board of Education regarding its pending decision about

24  the appeal.  The commission shall forward its recommendation

25  to the state board no later than 7 calendar days prior to the

26  date on which the appeal is to be heard.  The State Board of

27  Education shall by majority vote accept or reject the decision

28  of the district school board no later than 60 calendar days

29  after an appeal is filed in accordance with State Board of

30  Education rule. The Charter School Appeal Commission may

31  reject an appeal submission for failure to comply with


                                 215

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  procedural rules governing the appeals process. The rejection

 2  shall describe the submission errors. The appellant may have

 3  up to 15 calendar days from notice of rejection to resubmit an

 4  appeal that meets requirements of State Board of Education

 5  rule. An application for appeal submitted subsequent to such

 6  rejection shall be considered timely if the original appeal

 7  was filed within 30 calendar days after receipt of notice of

 8  the specific reasons for the district school board's denial of

 9  the charter application. The State Board of Education shall

10  remand the application to the district school board with its

11  written decision that the district school board approve or

12  deny the application. The district school board shall

13  implement the decision of the State Board of Education. The

14  decision of the State Board of Education is not subject to the

15  provisions of the Administrative Procedures Act, chapter 120.

16         (c)  The district school board shall act upon the

17  decision of the State Board of Education within 30 calendar

18  days after it is received.  The State Board of Education's

19  decision is a final action subject to judicial review.

20         (d)1.  A Charter School Appeal Commission is

21  established to assist the commissioner and the State Board of

22  Education with a fair and impartial review of appeals by

23  applicants whose charters have been denied or whose charter

24  contracts have not been renewed by their sponsors.

25         2.  The Charter School Appeal Commission may receive

26  copies of the appeal documents forwarded to the State Board of

27  Education, review the documents, gather other applicable

28  information regarding the appeal, and make a written

29  recommendation to the commissioner.  The recommendation must

30  state whether the appeal should be upheld or denied and

31  include the reasons for the recommendation being offered.  The


                                 216

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  commissioner shall forward the recommendation to the State

 2  Board of Education no later than 7 calendar days prior to the

 3  date on which the appeal is to be heard.  The state board must

 4  consider the commission's recommendation in making its

 5  decision, but is not bound by the recommendation.  The

 6  decision of the Charter School Appeal Commission is not

 7  subject to the provisions of the Administrative Procedure Act,

 8  chapter 120.

 9         3.  The commissioner shall appoint the members of the

10  Charter School Appeal Commission.  Members shall serve without

11  compensation but may be reimbursed for travel and per diem

12  expenses in conjunction with their service.  One-half of the

13  members must represent currently operating charter schools and

14  one-half of the members must represent school districts.  The

15  commissioner or a named designee shall chair the Charter

16  School Appeal Commission.

17         4.  The chair shall convene meetings of the commission

18  and shall ensure that the written recommendations are

19  completed and forwarded in a timely manner.  In cases where

20  the commission cannot reach a decision, the chair shall make

21  the written recommendation with justification, noting that the

22  decision was rendered by the chair.

23         5.  Commission members shall throughly review the

24  materials presented to them from the appellant and the

25  sponsor.  The commission may request information to clarify

26  the documentation presented to it.  In the course of its

27  review, the commission may facilitate the postponement of an

28  appeal in those cases where additional time and communication

29  may negate the need for a formal appeal and both parties

30  agree, in writing, to postpone the appeal to the State Board

31  of Education.  A new date certain for the appeal shall then be


                                 217

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  set based upon the rules and procedures of the State Board of

 2  Education.  Commission members shall provide a written

 3  recommendation to the state board as to whether the appeal

 4  should be upheld or denied.  A fact-based justification for

 5  the recommendation must be included.  The chair must ensure

 6  that the written recommendation is submitted to the State

 7  Board of Education members no later than 7 calendar days prior

 8  to the date on which the appeal is to be heard.  Both parties

 9  in the case shall also be provided a copy of the

10  recommendation.

11         (e)  The Department of Education may provide technical

12  assistance to an applicant upon written request.

13         (f)  In considering charter applications for a lab

14  school, a state university shall consult with the district

15  school board of the county in which the lab school is located.

16  The decision of a state university may be appealed pursuant to

17  the procedure established in this subsection.

18         (g)  The terms and conditions for the operation of a

19  charter school shall be set forth by the sponsor and the

20  applicant in a written contractual agreement, called a

21  charter. The sponsor shall not impose unreasonable rules or

22  regulations that violate the intent of giving charter schools

23  greater flexibility to meet educational goals. The applicant

24  and sponsor shall have 6 months in which to mutually agree to

25  the provisions of the charter.  The Department of Education

26  shall provide mediation services for any dispute regarding

27  this section subsequent to the approval of a charter

28  application and for any dispute relating to the approved

29  charter, except disputes regarding charter school application

30  denials. If the Commissioner of Education determines that the

31  dispute cannot be settled through mediation, the dispute may


                                 218

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  be appealed to an administrative law judge appointed by the

 2  Division of Administrative Hearings. The administrative law

 3  judge may rule on issues of equitable treatment of the charter

 4  school as a public school, whether proposed provisions of the

 5  charter violate the intended flexibility granted charter

 6  schools by statute, or on any other matter regarding this

 7  section except a charter school application denial, and shall

 8  award the prevailing party reasonable attorney's fees and

 9  costs incurred to be paid by the losing party. The costs of

10  the administrative hearing shall be paid by the party whom the

11  administrative law judge rules against.

12         (7)  CHARTER.--The major issues involving the operation

13  of a charter school shall be considered in advance and written

14  into the charter. The charter shall be signed by the governing

15  body of the charter school and the sponsor, following a public

16  hearing to ensure community input.

17         (a)  The charter shall address, and criteria for

18  approval of the charter shall be based on:

19         1.  The school's mission, the students to be served,

20  and the ages and grades to be included.

21         2.  The focus of the curriculum, the instructional

22  methods to be used, any distinctive instructional techniques

23  to be employed, and identification and acquisition of

24  appropriate technologies needed to improve educational and

25  administrative performance which include a means for promoting

26  safe, ethical, and appropriate uses of technology which comply

27  with legal and professional standards.

28         3.  The current incoming baseline standard of student

29  academic achievement, the outcomes to be achieved, and the

30  method of measurement that will be used. The criteria listed

31  


                                 219

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  in this subparagraph shall include a detailed description for

 2  each of the following:

 3         a.  How the baseline student academic achievement

 4  levels and prior rates of academic progress will be

 5  established.

 6         b.  How these baseline rates will be compared to rates

 7  of academic progress achieved by these same students while

 8  attending the charter school.

 9         c.  To the extent possible, how these rates of progress

10  will be evaluated and compared with rates of progress of other

11  closely comparable student populations.

12  

13  The district school board is required to provide academic

14  student performance data to charter schools for each of their

15  students coming from the district school system, as well as

16  rates of academic progress of comparable student populations

17  in the district school system.

18         4.  The methods used to identify the educational

19  strengths and needs of students and how well educational goals

20  and performance standards are met by students attending the

21  charter school. Included in the methods is a means for the

22  charter school to ensure accountability to its constituents by

23  analyzing student performance data and by evaluating the

24  effectiveness and efficiency of its major educational

25  programs.  Students in charter schools shall, at a minimum,

26  participate in the statewide assessment program created under

27  s. 1008.22.

28         5.  In secondary charter schools, a method for

29  determining that a student has satisfied the requirements for

30  graduation in s. 1003.43.

31  


                                 220

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         6.  A method for resolving conflicts between the

 2  governing body of the charter school and the sponsor.

 3         7.  The admissions procedures and dismissal procedures,

 4  including the school's code of student conduct.

 5         8.  The ways by which the school will achieve a

 6  racial/ethnic balance reflective of the community it serves or

 7  within the racial/ethnic range of other public schools in the

 8  same school district.

 9         9.  The financial and administrative management of the

10  school, including a reasonable demonstration of the

11  professional experience or competence of those individuals or

12  organizations applying to operate the charter school or those

13  hired or retained to perform such professional services and

14  the description of clearly delineated responsibilities and the

15  policies and practices needed to effectively manage the

16  charter school. A description of internal audit procedures and

17  establishment of controls to ensure that financial resources

18  are properly managed must be included. Both public sector and

19  private sector professional experience shall be equally valid

20  in such a consideration.

21         10.  A description of procedures that identify various

22  risks and provide for a comprehensive approach to reduce the

23  impact of losses; plans to ensure the safety and security of

24  students and staff; plans to identify, minimize, and protect

25  others from violent or disruptive student behavior; and the

26  manner in which the school will be insured, including whether

27  or not the school will be required to have liability

28  insurance, and, if so, the terms and conditions thereof and

29  the amounts of coverage.

30         11.  The term of the charter which shall provide for

31  cancellation of the charter if insufficient progress has been


                                 221

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  made in attaining the student achievement objectives of the

 2  charter and if it is not likely that such objectives can be

 3  achieved before expiration of the charter. The initial term of

 4  a charter shall be for 3, 4, or 5 years. In order to

 5  facilitate access to long-term financial resources for charter

 6  school construction, charter schools that are operated by a

 7  municipality or other public entity as provided by law are

 8  eligible for up to a 15-year charter, subject to approval by

 9  the district school board. A charter lab school is eligible

10  for a charter for a term of up to 15 years. In addition, to

11  facilitate access to long-term financial resources for charter

12  school construction, charter schools that are operated by a

13  private, not-for-profit, s. 501(c)(3) status corporation are

14  eligible for up to a 10-year charter, subject to approval by

15  the district school board. Such long-term charters remain

16  subject to annual review and may be terminated during the term

17  of the charter, but only for specific good cause according to

18  the provisions set forth in subsection (8).

19         12.  The facilities to be used and their location.

20         13.  The qualifications to be required of the teachers

21  and the potential strategies used to recruit, hire, train, and

22  retain qualified staff to achieve best value.

23         14.  The governance structure of the school, including

24  the status of the charter school as a public or private

25  employer as required in paragraph (12)(i).

26         15.  A timetable for implementing the charter which

27  addresses the implementation of each element thereof and the

28  date by which the charter shall be awarded in order to meet

29  this timetable.

30         16.  In the case of an existing public school being

31  converted to charter status, alternative arrangements for


                                 222

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  current students who choose not to attend the charter school

 2  and for current teachers who choose not to teach in the

 3  charter school after conversion in accordance with the

 4  existing collective bargaining agreement or district school

 5  board rule in the absence of a collective bargaining

 6  agreement. However, alternative arrangements shall not be

 7  required for current teachers who choose not to teach in a

 8  charter lab school, except as authorized by the employment

 9  policies of the state university which grants the charter to

10  the lab school.

11         (b)  A charter may be renewed every 5 school years,

12  provided that a program review demonstrates that the criteria

13  in paragraph (a) have been successfully accomplished and that

14  none of the grounds for nonrenewal established by paragraph

15  (8)(a) have been documented. In order to facilitate long-term

16  financing for charter school construction, charter schools

17  operating for a minimum of 2 years and demonstrating exemplary

18  academic programming and fiscal management are eligible for a

19  15-year charter renewal. Such long-term charter is subject to

20  annual review and may be terminated during the term of the

21  charter.

22         (c)  A charter may be modified during its initial term

23  or any renewal term upon the recommendation of the sponsor or

24  the charter school governing board and the approval of both

25  parties to the agreement.

26         (8)  CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.--

27         (a)  At the end of the term of a charter, the sponsor

28  may choose not to renew the charter for any of the following

29  grounds:

30         1.  Failure to meet the requirements for student

31  performance stated in the charter.


                                 223

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         2.  Failure to meet generally accepted standards of

 2  fiscal management.

 3         3.  Violation of law.

 4         4.  Other good cause shown.

 5         (b)  During the term of a charter, the sponsor may

 6  terminate the charter for any of the grounds listed in

 7  paragraph (a).

 8         (c)  At least 90 days prior to renewing or terminating

 9  a charter, the sponsor shall notify the governing body of the

10  school of the proposed action in writing.  The notice shall

11  state in reasonable detail the grounds for the proposed action

12  and stipulate that the school's governing body may, within 14

13  calendar days after receiving the notice, request an informal

14  hearing before the sponsor. The sponsor shall conduct the

15  informal hearing within 30 calendar days after receiving a

16  written request. The charter school's governing body may,

17  within 14 calendar days after receiving the sponsor's decision

18  to terminate or refuse to renew the charter, appeal the

19  decision pursuant to the procedure established in subsection

20  (6).

21         (d)  A charter may be terminated immediately if the

22  sponsor determines that good cause has been shown or if the

23  health, safety, or welfare of the students is threatened. The

24  school district in which the charter school is located shall

25  assume operation of the school under these circumstances. The

26  charter school's governing board may, within 14 days after

27  receiving the sponsor's decision to terminate the charter,

28  appeal the decision pursuant to the procedure established in

29  subsection (6).

30         (e)  When a charter is not renewed or is terminated,

31  the school shall be dissolved under the provisions of law


                                 224

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  under which the school was organized, and any unencumbered

 2  public funds from the charter school shall revert to the

 3  district school board.  In the event a charter school is

 4  dissolved or is otherwise terminated, all district school

 5  board property and improvements, furnishings, and equipment

 6  purchased with public funds shall automatically revert to full

 7  ownership by the district school board, subject to complete

 8  satisfaction of any lawful liens or encumbrances. Any

 9  unencumbered public funds from the charter school, district

10  school board property and improvements, furnishings, and

11  equipment purchased with public funds, or financial or other

12  records pertaining to the charter school, in the possession of

13  any person, entity, or holding company, other than the charter

14  school, shall be held in trust upon the district school

15  board's request, until any appeal status is resolved.

16         (f)  If a charter is not renewed or is terminated, the

17  charter school is responsible for all debts of the charter

18  school. The district may not assume the debt from any contract

19  for services made between the governing body of the school and

20  a third party, except for a debt that is previously detailed

21  and agreed upon in writing by both the district and the

22  governing body of the school and that may not reasonably be

23  assumed to have been satisfied by the district.

24         (g)  If a charter is not renewed or is terminated, a

25  student who attended the school may apply to, and shall be

26  enrolled in, another public school. Normal application

27  deadlines shall be disregarded under such circumstances.

28         (9)  CHARTER SCHOOL REQUIREMENTS.--

29         (a)  A charter school shall be nonsectarian in its

30  programs, admission policies, employment practices, and

31  operations.


                                 225

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  A charter school shall admit students as provided

 2  in subsection (10).

 3         (c)  A charter school shall be accountable to its

 4  sponsor for performance as provided in subsection (7).

 5         (d)  A charter school shall not charge tuition or

 6  registration fees, except those fees normally charged by other

 7  public schools. However, a charter lab school may charge a

 8  student activity and service fee as authorized by s.

 9  1002.32(5).

10         (e)  A charter school shall meet all applicable state

11  and local health, safety, and civil rights requirements.

12         (f)  A charter school shall not violate the

13  antidiscrimination provisions of s. 1000.05.

14         (g)  A charter school shall provide for an annual

15  financial audit in accordance with s. 218.39.

16         (h)  No organization shall hold more than 15 charters

17  statewide.

18         (i)  In order to provide financial information that is

19  comparable to that reported for other public schools, charter

20  schools are to maintain all financial records which constitute

21  their accounting system:

22         1.  In accordance with the accounts and codes

23  prescribed in the most recent issuance of the publication

24  titled "Financial and Program Cost Accounting and Reporting

25  for Florida Schools"; or

26         2.  At the discretion of the charter school governing

27  board, a charter school may elect to follow generally accepted

28  accounting standards for not-for-profit organizations, but

29  must reformat this information for reporting according to this

30  paragraph.

31  


                                 226

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Charter schools are to provide annual financial report and

 2  program cost report information in the state-required formats

 3  for inclusion in district reporting in compliance with s.

 4  1011.60(1). Charter schools that are operated by a

 5  municipality or are a component unit of a parent nonprofit

 6  organization may use the accounting system of the municipality

 7  or the parent, but must reformat this information for

 8  reporting according to this paragraph.

 9         (j)  The governing board of the charter school shall

10  annually adopt and maintain an operating budget.

11         (k)  The governing body of the charter school shall

12  exercise continuing oversight over charter school operations

13  and make annual progress reports to its sponsor, which upon

14  verification shall be forwarded to the Commissioner of

15  Education at the same time as other annual school

16  accountability reports.  The report shall contain at least the

17  following information:

18         1.  The charter school's progress towards achieving the

19  goals outlined in its charter.

20         2.  The information required in the annual school

21  report pursuant to s. 1008.345.

22         3.  Financial records of the charter school, including

23  revenues and expenditures.

24         4.  Salary and benefit levels of charter school

25  employees.

26         (l)  A charter school shall not levy taxes or issue

27  bonds secured by tax revenues.

28         (m)  A charter school shall provide instruction for at

29  least the number of days required by law for other public

30  schools, and may provide instruction for additional days.

31         (10)  ELIGIBLE STUDENTS.--


                                 227

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (a)  A charter school shall be open to any student

 2  covered in an interdistrict agreement or residing in the

 3  school district in which the charter school is located;

 4  however, in the case of a charter lab school, the charter lab

 5  school shall be open to any student eligible to attend the lab

 6  school as provided in s. 1002.32 or who resides in the school

 7  district in which the charter lab school is located. Any

 8  eligible student shall be allowed interdistrict transfer to

 9  attend a charter school when based on good cause.

10         (b)  The charter school shall enroll an eligible

11  student who submits a timely application, unless the number of

12  applications exceeds the capacity of a program, class, grade

13  level, or building. In such case, all applicants shall have an

14  equal chance of being admitted through a random selection

15  process.

16         (c)  When a public school converts to charter status,

17  enrollment preference shall be given to students who would

18  have otherwise attended that public school.

19         (d)  A charter school may give enrollment preference to

20  the following student populations:

21         1.  Students who are siblings of a student enrolled in

22  the charter school.

23         2.  Students who are the children of a member of the

24  governing board of the charter school.

25         3.  Students who are the children of an employee of the

26  charter school.

27         (e)  A charter school may limit the enrollment process

28  only to target the following student populations:

29         1.  Students within specific age groups or grade

30  levels.

31  


                                 228

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         2.  Students considered at risk of dropping out of

 2  school or academic failure. Such students shall include

 3  exceptional education students.

 4         3.  Students enrolling in a charter

 5  school-in-the-workplace or charter school-in-a-municipality

 6  established pursuant to subsection (16).

 7         4.  Students residing within a reasonable distance of

 8  the charter school, as described in paragraph (21)(c). Such

 9  students shall be subject to a random lottery and to the

10  racial/ethnic balance provisions described in subparagraph

11  (7)(a)8. or any federal provisions that require a school to

12  achieve a racial/ethnic balance reflective of the community it

13  serves or within the racial/ethnic range of other public

14  schools in the same school district.

15         5.  Students who meet reasonable academic, artistic, or

16  other eligibility standards established by the charter school

17  and included in the charter school application and charter or,

18  in the case of existing charter schools, standards that are

19  consistent with the school's mission and purpose. Such

20  standards shall be in accordance with current state law and

21  practice in public schools and may not discriminate against

22  otherwise qualified individuals.

23         6.  Students articulating from one charter school to

24  another pursuant to an articulation agreement between the

25  charter schools that has been approved by the sponsor.

26         (f)  Students with handicapping conditions and students

27  served in English for Speakers of Other Languages programs

28  shall have an equal opportunity of being selected for

29  enrollment in a charter school.

30  

31  


                                 229

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (g)  A student may withdraw from a charter school at

 2  any time and enroll in another public school as determined by

 3  district school board rule.

 4         (h)  The capacity of the charter school shall be

 5  determined annually by the governing board, in conjunction

 6  with the sponsor, of the charter school in consideration of

 7  the factors identified in this subsection.

 8         (11)  PARTICIPATION IN INTERSCHOLASTIC EXTRACURRICULAR

 9  ACTIVITIES.--A charter school student is eligible to

10  participate in an interscholastic extracurricular activity at

11  the public school to which the student would be otherwise

12  assigned to attend pursuant to s. 1006.15(3)(d).

13         (12)  EMPLOYEES OF CHARTER SCHOOLS.--

14         (a)  A charter school shall select its own employees. A

15  charter school may contract with its sponsor for the services

16  of personnel employed by the sponsor.

17         (b)  Charter school employees shall have the option to

18  bargain collectively. Employees may collectively bargain as a

19  separate unit or as part of the existing district collective

20  bargaining unit as determined by the structure of the charter

21  school.

22         (c)  The employees of a conversion charter school shall

23  remain public employees for all purposes, unless such

24  employees choose not to do so.

25         (d)  The teachers at a charter school may choose to be

26  part of a professional group that subcontracts with the

27  charter school to operate the instructional program under the

28  auspices of a partnership or cooperative that they

29  collectively own. Under this arrangement, the teachers would

30  not be public employees.

31  


                                 230

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (e)  Employees of a school district may take leave to

 2  accept employment in a charter school upon the approval of the

 3  district school board. While employed by the charter school

 4  and on leave that is approved by the district school board,

 5  the employee may retain seniority accrued in that school

 6  district and may continue to be covered by the benefit

 7  programs of that school district, if the charter school and

 8  the district school board agree to this arrangement and its

 9  financing. School districts shall not require resignations of

10  teachers desiring to teach in a charter school. This paragraph

11  shall not prohibit a district school board from approving

12  alternative leave arrangements consistent with chapter 1012.

13         (f)  Teachers employed by or under contract to a

14  charter school shall be certified as required by chapter 1012.

15  A charter school governing board may employ or contract with

16  skilled selected noncertified personnel to provide

17  instructional services or to assist instructional staff

18  members as education paraprofessionals in the same manner as

19  defined in chapter 1012, and as provided by State Board of

20  Education rule for charter school governing boards. A charter

21  school may not knowingly employ an individual to provide

22  instructional services or to serve as an education

23  paraprofessional if the individual's certification or

24  licensure as an educator is suspended or revoked by this or

25  any other state. A charter school may not knowingly employ an

26  individual who has resigned from a school district in lieu of

27  disciplinary action with respect to child welfare or safety,

28  or who has been dismissed for just cause by any school

29  district with respect to child welfare or safety. The

30  qualifications of teachers shall be disclosed to parents.

31  


                                 231

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (g)  A charter school shall employ or contract with

 2  employees who have been fingerprinted as provided in s.

 3  1012.32. Members of the governing board of the charter school

 4  shall also be fingerprinted in a manner similar to that

 5  provided in s. 1012.32.

 6         (h)  For the purposes of tort liability, the governing

 7  body and employees of a charter school shall be governed by s.

 8  768.28.

 9         (i)  A charter school shall organize as, or be operated

10  by, a nonprofit organization. A charter school may be operated

11  by a municipality or other public entity as provided for by

12  law. As such, the charter school may be either a private or a

13  public employer.  As a public employer, a charter school may

14  participate in the Florida Retirement System upon application

15  and approval as a "covered group" under s. 121.021(34). If a

16  charter school participates in the Florida Retirement System,

17  the charter school employees shall be compulsory members of

18  the Florida Retirement System. As either a private or a public

19  employer, a charter school may contract for services with an

20  individual or group of individuals who are organized as a

21  partnership or a cooperative. Individuals or groups of

22  individuals who contract their services to the charter school

23  are not public employees.

24         (13)  NUMBER OF SCHOOLS.--

25         (a)  The number of newly created charter schools is

26  limited to no more than 28 in each school district that has

27  100,000 or more students, no more than 20 in each school

28  district that has 50,000 to 99,999 students, and no more than

29  12 in each school district with fewer than 50,000 students.

30  

31  


                                 232

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  An existing public school which converts to a

 2  charter school shall not be counted towards the limit

 3  established by paragraph (a).

 4         (c)  Notwithstanding any limit established by this

 5  subsection, a district school board or a charter school

 6  applicant shall have the right to request an increase of the

 7  limit on the number of charter schools authorized to be

 8  established within the district from the State Board of

 9  Education.

10         (d)  Whenever a municipality has submitted charter

11  applications for the establishment of a charter school feeder

12  pattern (elementary, middle, and senior high schools), and

13  upon approval of each individual charter application by the

14  district school board, such applications shall then be

15  designated as one charter school for all purposes listed

16  pursuant to this section.

17         (14)  CHARTER SCHOOL COOPERATIVES.--Charter schools may

18  enter into cooperative agreements to form charter school

19  cooperative organizations that may provide the following

20  services: charter school planning and development, direct

21  instructional services, and contracts with charter school

22  governing boards to provide personnel administrative services,

23  payroll services, human resource management, evaluation and

24  assessment services, teacher preparation, and professional

25  development.

26         (15)  CHARTER SCHOOL FINANCIAL ARRANGEMENTS;

27  INDEMNIFICATION OF THE STATE AND SCHOOL DISTRICT; CREDIT OR

28  TAXING POWER NOT TO BE PLEDGED.--Any arrangement entered into

29  to borrow or otherwise secure funds for a charter school

30  authorized in this section from a source other than the state

31  or a school district shall indemnify the state and the school


                                 233

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  district from any and all liability, including, but not

 2  limited to, financial responsibility for the payment of the

 3  principal or interest. Any loans, bonds, or other financial

 4  agreements are not obligations of the state or the school

 5  district but are obligations of the charter school authority

 6  and are payable solely from the sources of funds pledged by

 7  such agreement. The credit or taxing power of the state or the

 8  school district shall not be pledged and no debts shall be

 9  payable out of any moneys except those of the legal entity in

10  possession of a valid charter approved by a district school

11  board pursuant to this section.

12         (16)  CHARTER SCHOOLS-IN-THE-WORKPLACE; CHARTER

13  SCHOOLS-IN-A-MUNICIPALITY.--

14         (a)  In order to increase business partnerships in

15  education, to reduce school and classroom overcrowding

16  throughout the state, and to offset the high costs for

17  educational facilities construction, the Legislature intends

18  to encourage the formation of business partnership schools or

19  satellite learning centers and municipal-operated schools

20  through charter school status.

21         (b)  A charter school-in-the-workplace may be

22  established when a business partner provides the school

23  facility to be used; enrolls students based upon a random

24  lottery that involves all of the children of employees of that

25  business or corporation who are seeking enrollment, as

26  provided for in subsection (10); and enrolls students

27  according to the racial/ethnic balance provisions described in

28  subparagraph (7)(a)8. Any portion of a facility used for a

29  public charter school shall be exempt from ad valorem taxes,

30  as provided for in s. 1013.54, for the duration of its use as

31  a public school.


                                 234

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (c)  A charter school-in-a-municipality designation may

 2  be granted to a municipality that possesses a charter; enrolls

 3  students based upon a random lottery that involves all of the

 4  children of the residents of that municipality who are seeking

 5  enrollment, as provided for in subsection (10); and enrolls

 6  students according to the racial/ethnic balance provisions

 7  described in subparagraph (7)(a)8. Any portion of the land and

 8  facility used for a public charter school shall be exempt from

 9  ad valorem taxes, as provided for in s. 1013.54, for the

10  duration of its use as a public school.

11         (d)  As used in this subsection, the terms "business

12  partner" or "municipality" may include more than one business

13  or municipality to form a charter school-in-the-workplace or

14  charter school-in-a-municipality.

15         (17)  EXEMPTION FROM STATUTES.--

16         (a)  A charter school shall operate in accordance with

17  its charter and shall be exempt from all statutes in chapters

18  1000-1013. However, a charter school shall be in compliance

19  with the following statutes in chapters 1000-1013:

20         1.  Those statutes specifically applying to charter

21  schools, including this section.

22         2.  Those statutes pertaining to the student assessment

23  program and school grading system.

24         3.  Those statutes pertaining to the provision of

25  services to students with disabilities.

26         4.  Those statutes pertaining to civil rights,

27  including s. 1000.05, relating to discrimination.

28         5.  Those statutes pertaining to student health,

29  safety, and welfare.

30         (b)  Additionally, a charter school shall be in

31  compliance with the following statutes:


                                 235

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         1.  Section 286.011, relating to public meetings and

 2  records, public inspection, and criminal and civil penalties.

 3         2.  Chapter 119, relating to public records.

 4         (18)  FUNDING.--Students enrolled in a charter school,

 5  regardless of the sponsorship, shall be funded as if they are

 6  in a basic program or a special program, the same as students

 7  enrolled in other public schools in the school district.

 8  Funding for a charter lab school shall be as provided in s.

 9  1002.32.

10         (a)  Each charter school shall report its student

11  enrollment to the district school board as required in s.

12  1011.62, and in accordance with the definitions in s. 1011.61.

13  The district school board shall include each charter school's

14  enrollment in the district's report of student enrollment. All

15  charter schools submitting student record information required

16  by the Department of Education shall comply with the

17  Department of Education's guidelines for electronic data

18  formats for such data, and all districts shall accept

19  electronic data that complies with the Department of

20  Education's electronic format.

21         (b)  The basis for the agreement for funding students

22  enrolled in a charter school shall be the sum of the school

23  district's operating funds from the Florida Education Finance

24  Program as provided in s. 1011.62 and the General

25  Appropriations Act, including gross state and local funds,

26  discretionary lottery funds, and funds from the school

27  district's current operating discretionary millage levy;

28  divided by total funded weighted full-time equivalent students

29  in the school district; multiplied by the weighted full-time

30  equivalent students for the charter school. Charter schools

31  whose students or programs meet the eligibility criteria in


                                 236

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  law shall be entitled to their proportionate share of

 2  categorical program funds included in the total funds

 3  available in the Florida Education Finance Program by the

 4  Legislature, including transportation. Total funding for each

 5  charter school shall be recalculated during the year to

 6  reflect the revised calculations under the Florida Education

 7  Finance Program by the state and the actual weighted full-time

 8  equivalent students reported by the charter school during the

 9  full-time equivalent student survey periods designated by the

10  Commissioner of Education.

11         (c)  If the district school board is providing programs

12  or services to students funded by federal funds, any eligible

13  students enrolled in charter schools in the school district

14  shall be provided federal funds for the same level of service

15  provided students in the schools operated by the district

16  school board. Pursuant to provisions of 20 U.S.C. 8061 s.

17  10306, all charter schools shall receive all federal funding

18  for which the school is otherwise eligible, including Title I

19  funding, not later than 5 months after the charter school

20  first opens and within 5 months after any subsequent expansion

21  of enrollment.

22         (d)  District school boards shall make every effort to

23  ensure that charter schools receive timely and efficient

24  reimbursement, including processing paperwork required to

25  access special state and federal funding for which they may be

26  eligible. The district school board may distribute funds to a

27  charter school for up to 3 months based on the projected

28  full-time equivalent student membership of the charter school.

29  Thereafter, the results of full-time equivalent student

30  membership surveys shall be used in adjusting the amount of

31  funds distributed monthly to the charter school for the


                                 237

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  remainder of the fiscal year. The payment shall be issued no

 2  later than 10 working days after the district school board

 3  receives a distribution of state or federal funds. If a

 4  warrant for payment is not issued within 30 working days after

 5  receipt of funding by the district school board, the school

 6  district shall pay to the charter school, in addition to the

 7  amount of the scheduled disbursement, interest at a rate of 1

 8  percent per month calculated on a daily basis on the unpaid

 9  balance from the expiration of the 30-day period until such

10  time as the warrant is issued.

11         (19)  FACILITIES.--

12         (a)  A charter school shall utilize facilities which

13  comply with the State Uniform Building Code for Public

14  Educational Facilities Construction adopted pursuant to s.

15  1013.37 or with applicable state minimum building codes

16  pursuant to chapter 553 and state minimum fire protection

17  codes pursuant to s. 633.025, as adopted by the authority in

18  whose jurisdiction the facility is located.

19         (b)  Any facility, or portion thereof, used to house a

20  charter school whose charter has been approved by the sponsor

21  and the governing board, pursuant to subsection (7), shall be

22  exempt from ad valorem taxes pursuant to s. 196.1983.

23         (c)  Charter school facilities shall utilize facilities

24  which comply with the Florida Building Code, pursuant to

25  chapter 553, and the Florida Fire Prevention Code, pursuant to

26  chapter 633.

27         (d)  Charter school facilities are exempt from

28  assessments of fees for building permits, except as provided

29  in s. 553.80, and from assessments of impact fees or service

30  availability fees.

31  


                                 238

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (e)  If a district school board facility or property is

 2  available because it is surplus, marked for disposal, or

 3  otherwise unused, it shall be provided for a charter school's

 4  use on the same basis as it is made available to other public

 5  schools in the district. A charter school receiving property

 6  from the school district may not sell or dispose of such

 7  property without written permission of the school district.

 8  Similarly, for an existing public school converting to charter

 9  status, no rental or leasing fee for the existing facility or

10  for the property normally inventoried to the conversion school

11  may be charged by the district school board to the parents and

12  teachers organizing the charter school. The charter organizers

13  shall agree to reasonable maintenance provisions in order to

14  maintain the facility in a manner similar to district school

15  board standards. The Public Education Capital Outlay

16  maintenance funds or any other maintenance funds generated by

17  the facility operated as a conversion school shall remain with

18  the conversion school.

19         (20)  CAPITAL OUTLAY FUNDING.--Charter schools are

20  eligible for capital outlay funds pursuant to s. 1013.62.

21         (21)  SERVICES.--

22         (a)  A sponsor shall provide certain administrative and

23  educational services to charter schools. These services shall

24  include contract management services, full-time equivalent and

25  data reporting services, exceptional student education

26  administration services, test administration services,

27  processing of teacher certificate data services, and

28  information services. Any administrative fee charged by the

29  sponsor for the provision of services shall be limited to 5

30  percent of the available funds defined in paragraph (18)(b).

31  


                                 239

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  If goods and services are made available to the

 2  charter school through the contract with the school district,

 3  they shall be provided to the charter school at a rate no

 4  greater than the district's actual cost. To maximize the use

 5  of state funds, school districts shall allow charter schools

 6  to participate in the sponsor's bulk purchasing program if

 7  applicable.

 8         (c)  Transportation of charter school students shall be

 9  provided by the charter school consistent with the

10  requirements of part I.e. of chapter 1006. The governing body

11  of the charter school may provide transportation through an

12  agreement or contract with the district school board, a

13  private provider, or parents. The charter school and the

14  sponsor shall cooperate in making arrangements that ensure

15  that transportation is not a barrier to equal access for all

16  students residing within a reasonable distance of the charter

17  school as determined in its charter.

18         (22)  PUBLIC INFORMATION ON CHARTER SCHOOLS.--The

19  Department of Education shall provide information to the

20  public, directly and through sponsors, both on how to form and

21  operate a charter school and on how to enroll in charter

22  schools once they are created. This information shall include

23  a standard application format which shall include the

24  information specified in subsection (7). This application

25  format may be used by chartering entities.

26         (23)  CHARTER SCHOOL REVIEW PANEL AND LEGISLATIVE

27  REVIEW.--

28         (a)  The Department of Education shall regularly

29  convene a Charter School Review Panel in order to review

30  issues, practices, and policies regarding charter schools. The

31  composition of the review panel shall include individuals with


                                 240

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  experience in finance, administration, law, education, and

 2  school governance, and individuals familiar with charter

 3  school construction and operation. The panel shall include two

 4  appointees each from the Commissioner of Education, the

 5  President of the Senate, and the Speaker of the House of

 6  Representatives. The Governor shall appoint three members of

 7  the panel and shall designate the chair. Each member of the

 8  panel shall serve a 1-year term, unless renewed by the office

 9  making the appointment. The panel shall make recommendations

10  to the Legislature, to the Department of Education, to charter

11  schools, and to school districts for improving charter school

12  operations and oversight and for ensuring best business

13  practices at and fair business relationships with charter

14  schools.

15         (b)  The Legislature shall review the operation of

16  charter schools during the 2005 Regular Session of the

17  Legislature.

18         (24)  ANALYSIS OF CHARTER SCHOOL PERFORMANCE.--Upon

19  receipt of the annual report required by paragraph (9)(k), the

20  Department of Education shall provide to the State Board of

21  Education, the Commissioner of Education, the President of the

22  Senate, and the Speaker of the House of Representatives an

23  analysis and comparison of the overall performance of charter

24  school students, to include all students whose scores are

25  counted as part of the statewide assessment program, versus

26  comparable public school students in the district as

27  determined by the statewide assessment program currently

28  administered in the school district, and other assessments

29  administered pursuant to s. 1008.22(3).

30         (25)  CONVERSION CHARTER SCHOOL PILOT PROGRAM.--

31  


                                 241

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (a)  The conversion charter school pilot program is

 2  hereby established with the intent to provide incentives for

 3  local school districts to approve conversion charter schools.

 4         (b)  The conversion charter school pilot program shall

 5  be a statewide pilot program in which 10 schools shall be

 6  selected based on a competitive application process in

 7  accordance with this section.

 8         (c)  The purpose of the pilot program is to produce

 9  significant improvements in student achievement and school

10  management, to encourage and measure the use of innovative

11  learning methods, and to make the school the unit for

12  improvement.

13         (d)  Each school principal or a majority of the parents

14  of students attending the school, a majority of the school's

15  teachers, or a majority of the members of the school advisory

16  council may apply to the school district to participate in

17  this pilot program on forms which shall be provided by the

18  Department of Education. The forms shall include

19  acknowledgment by the school principal of applicable

20  provisions of this section and s. 1013.62. For purposes of

21  this paragraph, "a majority of the parents of students

22  attending the school" means more than 50 percent of the

23  parents voting whose children are enrolled at the school,

24  provided that a majority of the parents eligible to vote

25  participate in the ballot process; and "a majority of the

26  school's teachers" means more than 50 percent of the teachers

27  employed at the school, according to procedures established by

28  rule of the State Board of Education pursuant to subsections

29  (3) and (4).

30         (e)  A person or group who has applied to participate

31  in the pilot program created by this section, pursuant to


                                 242

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  paragraph (d), shall not be subject to an unlawful reprisal,

 2  as defined by paragraph (4)(a), as a consequence of such

 3  application. The procedures established by subsections (3) and

 4  (4) shall apply to any alleged unlawful reprisal which occurs

 5  as a consequence of such application.

 6         (f)  A district school board shall receive and review

 7  all applications by school principals, parents, teachers, or

 8  school advisory council members to participate in the pilot

 9  project; shall select the best applications; and shall submit

10  these applications, together with the district school board's

11  letter of endorsement and commitment of support and

12  cooperation toward the success of program implementation, for

13  review by the statewide selection panel established pursuant

14  to paragraph (g).

15         (g)  A conversion charter school pilot program

16  statewide selection panel is established. The panel shall be

17  comprised of the following nine members who are not elected

18  public officials:

19         1.  Three members shall be appointed by the Governor.

20         2.  Two members shall be appointed by the Commissioner

21  of Education.

22         3.  Two members shall be appointed by the President of

23  the Senate.

24         4.  Two members shall be appointed by the Speaker of

25  the House of Representatives.

26  

27  The panel shall review the conversion charter school pilot

28  program applications submitted by the district school boards

29  and shall select the 10 applications which the panel deems

30  best comply with the purpose of the program pursuant to

31  paragraph (c).


                                 243

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (h)  Each district school board in which there is a

 2  school selected by the statewide panel for participation in

 3  the pilot program shall receive a grant as provided in the

 4  General Appropriations Act:

 5         1.  One hundred thousand dollars for planning and

 6  development for each conversion charter school selected; and

 7         2.a.  Eighty thousand dollars for each conversion

 8  charter school selected with 500 or fewer students;

 9         b.  One hundred thousand dollars for each conversion

10  charter school selected with more than 500 but fewer than

11  1,001 students; or

12         c.  One hundred twenty thousand dollars for each

13  conversion charter school selected with more than 1,000

14  students.

15  

16  The Commissioner of Education may reduce the district's FEFP

17  funding entitlement by the amount of the grant awarded under

18  this subsection if he or she determines that the district has

19  failed to comply with its letter of endorsement and commitment

20  of support and cooperation submitted under paragraph (f).

21         (i)  Each conversion charter school selected for

22  participation in the pilot program shall make annual progress

23  reports to the district school board and the Commissioner of

24  Education detailing the school's progress in achieving the

25  purpose of the program as described in paragraph (c).

26         (26)  RULEMAKING.--The Department of Education, after

27  consultation with school districts and charter school

28  directors, shall recommend that the State Board of Education

29  adopt rules to implement specific subsections of this section.

30  Such rules shall require minimum paperwork and shall not limit

31  charter school flexibility authorized by statute.


                                 244

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 99.  Section 1002.34, Florida Statutes, is

 2  created to read:

 3         1002.34  Charter technical career centers.--

 4         (1)  AUTHORIZATION.--The Legislature finds that the

 5  establishment of charter technical career centers can assist

 6  in promoting advances and innovations in workforce preparation

 7  and economic development. A charter technical career center

 8  may provide a learning environment that better serves the

 9  needs of a specific population group or a group of

10  occupations, thus promoting diversity and choices within the

11  public education and public postsecondary technical education

12  community in this state.  Therefore, the creation of such

13  centers is authorized as part of the state's program of public

14  education.  A charter technical career center may be formed by

15  creating a new school or converting an existing school

16  district or community college program to charter technical

17  status.

18         (2)  PURPOSE.--The purpose of a charter technical

19  career center is to:

20         (a)  Develop a competitive workforce to support local

21  business and industry and economic development.

22         (b)  Create a training and education model that is

23  reflective of marketplace realities.

24         (c)  Offer a continuum of career educational

25  opportunities using a school-to-work, tech-prep, technical,

26  academy, and magnet school model.

27         (d)  Provide career pathways for lifelong learning and

28  career mobility.

29         (e)  Enhance career and technical training.

30         (3)  DEFINITIONS.--As used in this section, the term:

31  


                                 245

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (a)  "Charter technical career center" or "center"

 2  means a public school or a public technical center operated

 3  under a charter granted by a district school board or

 4  community college board of trustees or a consortium, including

 5  one or more district school boards and community college

 6  boards of trustees, that includes the district in which the

 7  facility is located, that is nonsectarian in its programs,

 8  admission policies, employment practices, and operations, and

 9  is managed by a board of directors.

10         (b)  "Sponsor" means a district school board, a

11  community college board of trustees, or a consortium of one or

12  more of each.

13         (4)  CHARTER.--A sponsor may designate centers as

14  provided in this section.  An application to establish a

15  center may be submitted by a sponsor or another organization

16  that is determined, by rule of the State Board of Education,

17  to be appropriate. However, an independent school is not

18  eligible for status as a center.  The charter must be signed

19  by the governing body of the center and the sponsor, and must

20  be approved by the district school board and community college

21  board of trustees in whose geographic region the facility is

22  located. If a charter technical career center is established

23  by the conversion to charter status of a public technical

24  center formerly governed by a district school board, the

25  charter status of that center takes precedence in any question

26  of governance. The governance of the center or of any program

27  within the center remains with its board of directors unless

28  the board agrees to a change in governance or its charter is

29  revoked as provided in subsection (15). Such a conversion

30  charter technical career center is not affected by a change in

31  the governance of public technical centers or of programs


                                 246

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  within other centers that are or have been governed by

 2  district school boards. A charter technical career center, or

 3  any program within such a center, that was governed by a

 4  district school board and transferred to a community college

 5  prior to the effective date of this act is not affected by

 6  this provision. An applicant who wishes to establish a center

 7  must submit to the district school board or community college

 8  board of trustees, or a consortium of one or more of each, an

 9  application that includes:

10         (a)  The name of the proposed center.

11         (b)  The proposed structure of the center, including a

12  list of proposed members of the board of directors or a

13  description of the qualifications for and method of their

14  appointment or election.

15         (c)  The workforce development goals of the center, the

16  curriculum to be offered, and the outcomes and the methods of

17  assessing the extent to which the outcomes are met.

18         (d)  The admissions policy and criteria for evaluating

19  the admission of students.

20         (e)  A description of the staff responsibilities and

21  the proposed qualifications of the teaching staff.

22         (f)  A description of the procedures to be implemented

23  to ensure significant involvement of representatives of

24  business and industry in the operation of the center.

25         (g)  A method for determining whether a student has

26  satisfied the requirements for graduation specified in s.

27  1003.43 and for completion of a postsecondary certificate or

28  degree.

29         (h)  A method for granting secondary and postsecondary

30  diplomas, certificates, and degrees.

31  


                                 247

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (i)  A description of and address for the physical

 2  facility in which the center will be located.

 3         (j)  A method of resolving conflicts between the

 4  governing body of the center and the sponsor and between

 5  consortium members, if applicable.

 6         (k)  A method for reporting student data as required by

 7  law and rule.

 8         (l)  Other information required by the district school

 9  board or community college board of trustees.

10  

11  Students at a center must meet the same testing and academic

12  performance standards as those established by law and rule for

13  students at public schools and public technical centers.  The

14  students must also meet any additional assessment indicators

15  that are included within the charter approved by the district

16  school board or community college board of trustees.

17         (5)  APPLICATION.--An application to establish a center

18  must be submitted by February 1 of the year preceding the

19  school year in which the center will begin operation. The

20  sponsor must review the application and make a final decision

21  on whether to approve the application and grant the charter by

22  March 1, and may condition the granting of a charter on the

23  center's taking certain actions or maintaining certain

24  conditions. Such actions and conditions must be provided to

25  the applicant in writing. The district school board or

26  community college board of trustees is not required to issue a

27  charter to any person.

28         (6)  SPONSOR.--A district school board or community

29  college board of trustees or a consortium of one or more of

30  each may sponsor a center in the county in which the board has

31  jurisdiction.


                                 248

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (a)  A sponsor must review all applications for centers

 2  received through at least February 1 of each calendar year for

 3  centers to be opened at the beginning of the sponsor's next

 4  school year.  A sponsor may receive applications later than

 5  this date if it so chooses. To facilitate an accurate budget

 6  projection process, a sponsor shall be held harmless for FTE

 7  students who are not included in the FTE projection due to

 8  approval of applications after the FTE projection deadline. A

 9  sponsor must, by a majority vote, approve or deny an

10  application no later than 60 days after the application is

11  received.  If an application is denied, the sponsor must,

12  within 10 days, notify the applicant in writing of the

13  specific reasons for denial, which must be based upon good

14  cause. Upon approval of a charter application, the initial

15  startup must be consistent with the beginning of the public

16  school or community college calendar for the district in which

17  the charter is granted, unless the sponsor allows a waiver of

18  this provision for good cause.

19         (b)  An applicant may appeal any denial of its

20  application to the State Board of Education within 30 days

21  after the sponsor's denial and shall notify the sponsor of its

22  appeal. Any response of the sponsor must be submitted to the

23  state board within 30 days after notification of the appeal.

24  The State Board of Education must, by majority vote, accept or

25  reject the decision of the sponsor no later than 60 days after

26  an appeal is filed, pursuant to State Board of Education rule.

27  The State Board of Education may reject an appeal for failure

28  to comply with procedural rules governing the appeals process,

29  and the rejection must describe the submission errors. The

30  appellant may have up to 15 days after notice of rejection to

31  resubmit an appeal. An application for appeal submitted after


                                 249

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  a rejection is timely if the original appeal was filed within

 2  30 days after the sponsor's denial. The State Board of

 3  Education shall remand the application to the sponsor with a

 4  written recommendation that the sponsor approve or deny the

 5  application, consistent with the state board's decision. The

 6  decision of the State Board of Education is not subject to the

 7  provisions of chapter 120.

 8         (c)  The sponsor must act upon the recommendation of

 9  the State Board of Education within 30 days after it is

10  received, unless the sponsor determines by competent

11  substantial evidence that approving the state board's

12  recommendation would be contrary to law or the best interests

13  of the students or the community. The sponsor must notify the

14  applicant in writing concerning the specific reasons for its

15  failure to follow the state board's recommendation.  The

16  sponsor's action on the state board's recommendation is a

17  final action, subject to judicial review.

18         (d)  The Department of Education may provide technical

19  assistance to an applicant upon written request.

20         (e)  The terms and conditions for the operation of a

21  center must be agreed to by the sponsor and the applicant in a

22  written contract. The sponsor may not impose unreasonable

23  requirements that violate the intent of giving centers greater

24  flexibility to meet educational goals. The applicant and

25  sponsor must reach an agreement on the provisions of the

26  contract or the application is deemed denied.

27         (f)  The sponsor shall monitor and review the center's

28  progress towards charter goals and shall monitor the center's

29  revenues and expenditures.

30         (7)  LEGAL ENTITY.--A center must organize as a

31  nonprofit organization and adopt a name and corporate seal. A


                                 250

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  center is a body corporate and politic, with all powers to

 2  implement its charter program. The center may:

 3         (a)  Be a private or a public employer.

 4         (b)  Sue and be sued, but only to the same extent and

 5  upon the same conditions that a public entity can be sued.

 6         (c)  Acquire real property by purchase, lease, lease

 7  with an option to purchase, or gift, to use as a center

 8  facility.

 9         (d)  Receive and disburse funds.

10         (e)  Enter into contracts or leases for services,

11  equipment, or supplies.

12         (f)  Incur temporary debts in anticipation of the

13  receipt of funds.

14         (g)  Solicit and accept gifts or grants for career

15  center purposes.

16         (h)  Take any other action that is not inconsistent

17  with this section and rules adopted under this section.

18         (8)  ELIGIBLE STUDENTS.--A center must be open to all

19  students as space is available and may not discriminate in

20  admissions policies or practices on the basis of an

21  individual's physical disability or proficiency in English or

22  on any other basis that would be unlawful if practiced by a

23  public school or a community college. A center may establish

24  reasonable criteria by which to evaluate prospective students,

25  which criteria must be outlined in the charter.

26         (9)  FACILITIES.--A center may be located in any

27  suitable location, including part of an existing public school

28  or community college building, space provided on a public

29  worksite, or a public building. A center's facilities must

30  comply with the State Uniform Building Code for Public

31  Educational Facilities Construction adopted pursuant to s.


                                 251

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  1013.37, or with applicable state minimum building codes

 2  pursuant to chapter 553, and state minimum fire protection

 3  codes pursuant to s. 633.025, adopted by the authority in

 4  whose jurisdiction the facility is located. If K-12 public

 5  school funds are used for construction, the facility must

 6  remain on the local school district's Florida Inventory of

 7  School Houses (FISH) school building inventory of the district

 8  school board and must revert to the district school board if

 9  the consortium dissolves and the program is discontinued. If

10  community college public school funds are used for

11  construction, the facility must remain on the local community

12  college's facilities inventory and must revert to the local

13  community college board of trustees if the consortium

14  dissolves and the program is discontinued. The additional

15  student capacity created by the addition of the center to the

16  local school district's FISH may not be calculated in the

17  permanent student capacity for the purpose of determining need

18  or eligibility for state capital outlay funds while the

19  facility is used as a center. If the construction of the

20  center is funded jointly by K-12 public school funds and

21  community college funds, the sponsoring entities must agree,

22  before granting the charter, on the appropriate owner and

23  terms of transfer of the facility if the charter is dissolved.

24         (10)  EXEMPTION FROM STATUTES.--

25         (a)  A center must operate pursuant to its charter and

26  is exempt from all statutes of the Florida School Code except

27  provisions pertaining to civil rights and to student health,

28  safety, and welfare, or as otherwise required by law.

29         (b)  A center must comply with the Florida K-20

30  Education Code with respect to providing services to students

31  with disabilities.


                                 252

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (c)  A center must comply with the antidiscrimination

 2  provisions of s. 1000.05.

 3         (11)  FUNDING.--

 4         (a)  Each district school board and community college

 5  that sponsors a charter technical career center shall pay

 6  directly to the center an amount stated in the charter.  State

 7  funding shall be generated for the center for its student

 8  enrollment and program outcomes as provided in law.  A center

 9  is eligible for funding from the Florida Workforce Development

10  Education Fund, the Florida Education Finance Program, and the

11  Community College Program Fund, depending upon the programs

12  conducted by the center.

13         (b)  A center may receive other state and federal aid,

14  grants, and revenue through the district school board or

15  community college board of trustees.

16         (c)  A center may receive gifts and grants from private

17  sources.

18         (d)  A center may not levy taxes or issue bonds, but it

19  may charge a student tuition fee consistent with authority

20  granted in its charter and permitted by law.

21         (e)  A center shall provide for an annual financial

22  audit in accordance with s. 218.39.

23         (f)  A center must provide instruction for at least the

24  number of days required by law for other public schools or

25  community colleges, as appropriate, and may provide

26  instruction for additional days.

27         (12)  EMPLOYEES OF A CENTER.--

28         (a)  A center may select its own employees.

29         (b)  A center may contract for services with an

30  individual, partnership, or a cooperative. Such persons

31  contracted with are not public employees.


                                 253

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (c)  If a center contracts with a public educational

 2  agency for services, the terms of employment must follow

 3  existing state law and rule and local policies and procedures.

 4         (d)  The employees of a center may bargain

 5  collectively, as a separate unit or as part of the existing

 6  district collective bargaining unit, as determined by the

 7  structure of the center.

 8         (e)  As a public employer, a center may participate in:

 9         1.  The Florida Retirement System upon application and

10  approval as a "covered group" under s. 121.021(34). If a

11  center participates in the Florida Retirement System, its

12  employees are compulsory members of the Florida Retirement

13  System.

14         2.  The State Community College System Optional

15  Retirement Program pursuant to s. 1012.875(2), if the charter

16  is granted by a community college that participates in the

17  optional retirement program and meets the eligibility criteria

18  of s. 121.051(2)(c).

19         (f)  Teachers who are considered qualified by the

20  career center are exempt from state certification

21  requirements.

22         (g)  A public school or community college teacher or

23  administrator may take a leave of absence to accept employment

24  in a charter technical career center upon the approval of the

25  school district or community college.

26         (h)  An employee who is on a leave of absence under

27  this section may retain seniority accrued in that school

28  district or community college and may continue to be covered

29  by the benefit programs of that district or community college

30  if the center and the district school board or community

31  


                                 254

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  college board of trustees agree to this arrangement and its

 2  financing.

 3         (13)  BOARD OF DIRECTORS AUTHORITY.--The board of

 4  directors of a center may decide matters relating to the

 5  operation of the school, including budgeting, curriculum, and

 6  operating procedures, subject to the center's charter.

 7         (14)  ACCOUNTABILITY.--Each center must submit a report

 8  to the participating district school board or community

 9  college board of trustees by August 1 of each year.  The

10  report must be in such form as the sponsor prescribes and must

11  include:

12         (a)  A discussion of progress made toward the

13  achievement of the goals outlined in the center's charter.

14         (b)  A financial statement setting forth by appropriate

15  categories the revenue and expenditures for the previous

16  school year.

17         (15)  TERMS OF THE CHARTER.--The term of an initial

18  charter may not exceed 5 years. Thereafter, the sponsor may

19  renew a charter for a period up to 5 years.  The sponsor may

20  refuse to renew a charter or may revoke a charter if the

21  center has not fulfilled a condition imposed under the charter

22  or if the center has violated any provision of the charter.

23  The sponsor may place the center on probationary status to

24  allow the implementation of a remedial plan, after which, if

25  the plan is unsuccessful, the charter may be summarily

26  revoked.  The sponsor shall develop procedures and guidelines

27  for the revocation and renewal of a center's charter.  The

28  sponsor must give written notice of its intent not to renew

29  the charter at least 12 months before the charter expires.  If

30  the sponsor revokes a charter before the scheduled expiration

31  date, the sponsor must provide written notice to the governing


                                 255

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  board of the center at least 60 days before the date of

 2  termination, stating the grounds for the proposed revocation.

 3  The governing board of the center may request in writing an

 4  informal hearing before the sponsor within 14 days after

 5  receiving the notice of revocation.  A revocation takes effect

 6  at the conclusion of a school year, unless the sponsor

 7  determines that earlier revocation is necessary to protect the

 8  health, safety, and welfare of students.  The sponsor shall

 9  monitor and review the center in its progress towards the

10  goals established in the charter and shall monitor the

11  revenues and expenditures of the center.

12         (16)  TRANSPORTATION.--The center may provide

13  transportation, pursuant to chapter 1006, through a contract

14  with the district school board or the community college board

15  of trustees, a private provider, or parents of students. The

16  center must ensure that transportation is not a barrier to

17  equal access for all students in grades K-12 residing within a

18  reasonable distance of the facility.

19         (17)  IMMUNITY.--For the purposes of tort liability,

20  the governing body and employees of a center are governed by

21  s. 768.28.

22         (18)  RULES.--The State Board of Education shall adopt

23  rules, pursuant to chapter 120, relating to the implementation

24  of charter technical career centers.

25         (19)  EVALUATION; REPORT.--The Commissioner of

26  Education shall provide for an annual comparative evaluation

27  of charter technical career centers and public technical

28  centers.  The evaluation may be conducted in cooperation with

29  the sponsor, through private contracts, or by department

30  staff.  At a minimum, the comparative evaluation must address

31  the demographic and socioeconomic characteristics of the


                                 256

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  students served, the types and costs of services provided, and

 2  the outcomes achieved.  By December 30 of each year, the

 3  Commissioner of Education shall submit to the Governor, the

 4  President of the Senate, the Speaker of the House of

 5  Representatives, and the Senate and House committees that have

 6  responsibility for secondary and postsecondary career and

 7  technical education a report of the comparative evaluation

 8  completed for the previous school year.

 9         Section 100.  Section 1002.35, Florida Statutes, is

10  created to read:

11         1002.35  New World School of the Arts.--

12         (1)  The New World School of the Arts is created as a

13  center of excellence for the performing and visual arts, to

14  serve all of the State of Florida.  The school shall offer a

15  program of academic and artistic studies in the visual and

16  performing arts which shall be available to talented high

17  school and college students.

18         (2)(a)  For purposes of governance, the New World

19  School of the Arts is assigned to Miami-Dade Community

20  College, the Dade County School District, and one or more

21  universities designated by the State Board of Education. The

22  State Board of Education shall assign to the New World School

23  of the Arts a university partner or partners. In this

24  selection, the State Board of Education shall consider the

25  accreditation status of the core programs. Florida

26  International University, in its capacity as the provider of

27  university services to Dade County, shall be a partner to

28  serve the New World School of the Arts, upon meeting the

29  accreditation criteria. The respective boards shall appoint

30  members to an executive board for administration of the

31  school. The executive board may include community members and


                                 257

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  shall reflect proportionately the participating institutions.

 2  Miami-Dade Community College shall serve as fiscal agent for

 3  the school.

 4         (b)  The New World School of the Arts Foundation is

 5  created for the purpose of providing auxiliary financial

 6  support for the school's programs, including, but not limited

 7  to, the promotion and sponsorship of special events and

 8  scholarships. Foundation membership shall be determined by the

 9  executive board.

10         (c)  The school may affiliate with other public or

11  private educational or arts institutions. The school shall

12  serve as a professional school for all qualified students

13  within appropriations and limitations established by the

14  Legislature and the respective educational institutions.

15         (3)  The school shall submit annually a formula-driven

16  budget request to the commissioner and the Legislature. This

17  formula shall be developed in consultation with the Department

18  of Education and staff of the Legislature. However, the actual

19  funding for the school shall be determined by the Legislature

20  in the General Appropriations Act.

21         (4)  The State Board of Education shall utilize

22  resources, programs, and faculty from the various state

23  universities in planning and providing the curriculum and

24  courses at the New World School of the Arts, drawing on

25  program strengths at each state university.

26         Section 101.  Section 1002.36, Florida Statutes, is

27  created to read:

28         1002.36  Florida School for the Deaf and the Blind.--

29         (1)  RESPONSIBILITIES.--The Florida School for the Deaf

30  and the Blind is a state-supported residential school for

31  hearing-impaired and visually impaired students in preschool


                                 258

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  through 12th grade. The school is a part of the state system

 2  of public education and shall be funded through the Department

 3  of Education. The school shall provide educational programs

 4  and support services appropriate to meet the education and

 5  related evaluation and counseling needs of hearing-impaired

 6  and visually impaired students in the state who meet

 7  enrollment criteria. Education services may be provided on an

 8  outreach basis for sensory-impaired children ages 0 through 5

 9  years and their parents. Graduates of the Florida School for

10  the Deaf and the Blind shall be eligible for the William L.

11  Boyd, IV, Florida Resident Access Grant Program as provided in

12  s. 1009.89.

13         (2)  MISSION.--The mission of the Florida School for

14  the Deaf and the Blind is to utilize all available talent,

15  energy, and resources to provide free appropriate public

16  education for eligible sensory-impaired students of Florida.

17  As a school of academic excellence, the school shall strive to

18  provide students an opportunity to maximize their individual

19  potential in a caring, safe, unique learning environment to

20  prepare them to be literate, employable, and independent

21  lifelong learners. The school shall provide outreach services

22  that include collaboration with district school boards and

23  shall encourage input from students, staff, parents, and the

24  community. As a diverse organization, the school shall foster

25  respect and understanding for each individual.

26         (3)  AUDITS.--The Auditor General shall audit the

27  Florida School for the Deaf and the Blind as provided in

28  chapter 11.

29         (4)  BOARD OF TRUSTEES.--

30         (a)  There is hereby created a Board of Trustees for

31  the Florida School for the Deaf and the Blind which shall


                                 259

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  consist of seven members. Of these seven members, one

 2  appointee shall be a blind person and one appointee shall be a

 3  deaf person. Each member shall have been a resident of the

 4  state for a period of at least 10 years. Their terms of office

 5  shall be 4 years. The appointment of the trustees shall be by

 6  the Governor with the confirmation of the Senate. The Governor

 7  may remove any member for cause and shall fill all vacancies

 8  that occur.

 9         (b)  The board of trustees shall elect a chair

10  annually. The trustees shall be reimbursed for travel expenses

11  as provided in s. 112.061, the accounts of which shall be paid

12  by the Treasurer upon itemized vouchers duly approved by the

13  chair.

14         (c)  The board of trustees has authority to adopt rules

15  pursuant to ss. 120.536(1) and 120.54 to implement provisions

16  of law relating to operation of the Florida School for the

17  Deaf and the Blind. Such rules shall be submitted to the State

18  Board of Education for approval or disapproval. If any rule is

19  not disapproved by the State Board of Education within 60 days

20  of its receipt by the State Board of Education, the rule shall

21  be filed immediately with the Department of State. The board

22  of trustees shall act at all times in conjunction with the

23  rules of the State Board of Education.

24         (d)  The board of trustees is a body corporate and

25  shall have a corporate seal. Title to any gift, donation, or

26  bequest received by the board of trustees pursuant to

27  subsection (5) shall vest in the board of trustees. Title to

28  all other property and other assets of the Florida School for

29  the Deaf and the Blind shall vest in the State Board of

30  Education, but the board of trustees shall have complete

31  jurisdiction over the management of the school and is invested


                                 260

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  with full power and authority to appoint a president, faculty,

 2  teachers, and other employees and remove the same as in its

 3  judgment may be best and fix their compensation; to procure

 4  professional services, such as medical, mental health,

 5  architectural, engineering, and legal services; to determine

 6  eligibility of students and procedure for admission; to

 7  provide for the students of the school necessary bedding,

 8  clothing, food, and medical attendance and such other things

 9  as may be proper for the health and comfort of the students

10  without cost to their parents, except that the board of

11  trustees may set tuition and other fees for nonresidents; to

12  provide for the proper keeping of accounts and records and for

13  budgeting of funds; to enter into contracts; to sue and be

14  sued; to secure public liability insurance; and to do and

15  perform every other matter or thing requisite to the proper

16  management, maintenance, support, and control of the school at

17  the highest efficiency economically possible, the board of

18  trustees taking into consideration the purposes of the

19  establishment.

20         (e)1.  The board of trustees is authorized to receive

21  gifts, donations, and bequests of money or property, real or

22  personal, tangible or intangible, from any person, firm,

23  corporation, or other legal entity. However, the board of

24  trustees may not obligate the state to any expenditure or

25  policy that is not specifically authorized by law.

26         2.  If the bill of sale, will, trust indenture, deed,

27  or other legal conveyance specifies terms and conditions

28  concerning the use of such money or property, the board of

29  trustees shall observe such terms and conditions.

30         3.  The board of trustees may deposit outside the State

31  Treasury such moneys as are received as gifts, donations, or


                                 261

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  bequests and may disburse and expend such moneys, upon its own

 2  warrant, for the use and benefit of the Florida School for the

 3  Deaf and the Blind and its students, as the board of trustees

 4  deems to be in the best interest of the school and its

 5  students. Such money or property shall not constitute or be

 6  considered a part of any legislative appropriation, and such

 7  money shall not be used to compensate any person for engaging

 8  in lobbying activities before the House of Representatives or

 9  Senate or any committee thereof.

10         4.  The board of trustees may sell or convey by bill of

11  sale, deed, or other legal instrument any property, real or

12  personal, received as a gift, donation, or bequest, upon such

13  terms and conditions as the board of trustees deems to be in

14  the best interest of the school and its students.

15         5.  The board of trustees may invest such moneys in

16  securities enumerated under s. 215.47, and in The Common Fund,

17  an Investment Management Fund exclusively for nonprofit

18  educational institutions.

19         (f)  The board of trustees shall:

20         1.  Prepare and submit legislative budget requests,

21  including fixed capital outlay requests, in accordance with

22  chapter 216 and s. 1013.60.

23         2.  Administer and maintain personnel programs for all

24  employees of the board of trustees and the Florida School for

25  the Deaf and the Blind who shall be state employees, including

26  the personnel classification and pay plan established in

27  accordance with ss. 110.205(2)(d) and 216.251(2)(a)2. for

28  academic and academic administrative personnel, the provisions

29  of chapter 110, and the provisions of law that grant authority

30  to the Department of Management Services over such programs

31  for state employees.


                                 262

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         3.  Adopt a master plan which specifies the mission and

 2  objectives of the Florida School for the Deaf and the Blind.

 3  The plan shall include, but not be limited to, procedures for

 4  systematically measuring the school's progress toward meeting

 5  its objectives, analyzing changes in the student population,

 6  and modifying school programs and services to respond to such

 7  changes. The plan shall be for a period of 5 years and shall

 8  be reviewed for needed modifications every 2 years. The board

 9  of trustees shall submit the initial plan and subsequent

10  modifications to the Speaker of the House of Representatives

11  and the President of the Senate.

12         4.  Seek the advice of the Division of Public Schools

13  within the Department of Education.

14         (g)  The Board of Trustees for the Florida School for

15  the Deaf and the Blind, located in St. Johns County, shall

16  designate a portion of the school as "The Verle Allyn Pope

17  Complex for the Deaf," in tribute to the late Senator Verle

18  Allyn Pope.

19         (5)  STUDENT AND EMPLOYEE PERSONNEL RECORDS.--The Board

20  of Trustees for the Florida School for the Deaf and the Blind

21  shall provide for the content and custody of student and

22  employee personnel records. Student records shall be subject

23  to the provisions of s. 1002.22. Employee personnel records

24  shall be subject to the provisions of s. 1012.31.

25         (6)  LEGAL SERVICES.--The Board of Trustees for the

26  Florida School for the Deaf and the Blind may provide legal

27  services for officers and employees of the board of trustees

28  who are charged with civil or criminal actions arising out of

29  and in the course of the performance of assigned duties and

30  responsibilities.  The board of trustees may provide for

31  reimbursement of reasonable expenses for legal services for


                                 263

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  officers and employees of said board of trustees who are

 2  charged with civil or criminal actions arising out of and in

 3  the course of the performance of assigned duties and

 4  responsibilities upon successful defense by the officer or

 5  employee. However, in any case in which the officer or

 6  employee pleads guilty or nolo contendere or is found guilty

 7  of any such action, the officer or employee shall reimburse

 8  the board of trustees for any legal services that the board of

 9  trustees may have supplied pursuant to this section.  The

10  board of trustees may also reimburse an officer or employee

11  thereof for any judgment that may be entered against him or

12  her in a civil action arising out of and in the course of the

13  performance of his or her assigned duties and

14  responsibilities. Each expenditure by the board of trustees

15  for legal defense of an officer or employee, or for

16  reimbursement pursuant to this section, shall be made at a

17  public meeting with notice pursuant to s. 120.525(1).  The

18  providing of such legal services or reimbursement under the

19  conditions described in this subsection is declared to be a

20  school purpose for which school funds may be expended.

21         (7)  PERSONNEL SCREENING.--

22         (a)  The Board of Trustees of the Florida School for

23  the Deaf and the Blind shall, because of the special trust or

24  responsibility of employees of the school, require all

25  employees and applicants for employment to undergo personnel

26  screening and security background investigations as provided

27  in chapter 435, using the level 2 standards for screening set

28  forth in that chapter, as a condition of employment and

29  continued employment. The cost of a personnel screening and

30  security background investigation for an employee of the

31  school shall be paid by the school.  The cost of such a


                                 264

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  screening and investigation for an applicant for employment

 2  may be paid by the school.

 3         (b)  As a prerequisite for initial and continuing

 4  employment at the Florida School for the Deaf and the Blind:

 5         1.  The applicant or employee shall submit to the

 6  Florida School for the Deaf and the Blind a complete set of

 7  fingerprints taken by an authorized law enforcement agency or

 8  an employee of the Florida School for the Deaf and the Blind

 9  who is trained to take fingerprints.  The Florida School for

10  the Deaf and the Blind shall submit the fingerprints to the

11  Department of Law Enforcement for state processing and the

12  Federal Bureau of Investigation for federal processing.

13         2.a.  The applicant or employee shall attest to the

14  minimum standards for good moral character as contained in

15  chapter 435, using the level 2 standards set forth in that

16  chapter under penalty of perjury.

17         b.  New personnel shall be on a probationary status

18  pending a determination of compliance with such minimum

19  standards for good moral character. This paragraph is in

20  addition to any probationary status provided for by Florida

21  law or Florida School for the Deaf and the Blind rules or

22  collective bargaining contracts.

23         3.  The Florida School for the Deaf and the Blind shall

24  review the record of the applicant or employee with respect to

25  the crimes contained in s. 435.04 and shall notify the

26  applicant or employee of its findings. When disposition

27  information is missing on a criminal record, it shall be the

28  responsibility of the applicant or employee, upon request of

29  the Florida School for the Deaf and the Blind, to obtain and

30  supply within 30 days the missing disposition information to

31  the Florida School for the Deaf and the Blind.  Failure to


                                 265

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  supply missing information within 30 days or to show

 2  reasonable efforts to obtain such information shall result in

 3  automatic disqualification of an applicant and automatic

 4  termination of an employee.

 5         4.  After an initial personnel screening and security

 6  background investigation, written notification shall be given

 7  to the affected employee within a reasonable time prior to any

 8  subsequent screening and investigation.

 9         (c)  The Florida School for the Deaf and the Blind may

10  grant exemptions from disqualification as provided in s.

11  435.07.

12         (d)  The Florida School for the Deaf and the Blind may

13  not use the criminal records, private investigator findings,

14  or information reference checks obtained by the school

15  pursuant to this section for any purpose other than

16  determining if a person meets the minimum standards for good

17  moral character for personnel employed by the school.  The

18  criminal records, private investigator findings, and

19  information from reference checks obtained by the Florida

20  School for the Deaf and the Blind for determining the moral

21  character of employees of the school are confidential and

22  exempt from the provisions of s. 119.07(1) and s. 24(a), Art.

23  I of the State Constitution.

24         (e)  It is a misdemeanor of the first degree,

25  punishable as provided in s. 775.082 or s. 775.083, for any

26  person willfully, knowingly, or intentionally to:

27         1.  Fail, by false statement, misrepresentation,

28  impersonation, or other fraudulent means, to disclose in any

29  application for voluntary or paid employment a material fact

30  used in making a determination as to such person's

31  qualifications for a position of special trust.


                                 266

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         2.  Use the criminal records, private investigator

 2  findings, or information from reference checks obtained under

 3  this section or information obtained from such records or

 4  findings for purposes other than screening for employment or

 5  release such information or records to persons for purposes

 6  other than screening for employment.

 7         (f)  For the purpose of teacher certification, the

 8  Florida School for the Deaf and the Blind shall be considered

 9  a school district.

10         (8)  CAMPUS POLICE.--

11         (a)  The Board of Trustees for the Florida School for

12  the Deaf and the Blind is permitted and empowered to employ

13  police officers for the school, who must be designated Florida

14  School for the Deaf and the Blind campus police.

15         (b)  Each Florida School for the Deaf and the Blind

16  campus police officer is a law enforcement officer of the

17  state and a conservator of the peace who has the authority to

18  arrest, in accordance with the laws of this state, any person

19  for a violation of state law or applicable county or municipal

20  ordinance if that violation occurs on or in any property or

21  facilities of the school. A campus police officer may also

22  arrest a person off campus for a violation committed on campus

23  after a hot pursuit of that person which began on campus. A

24  campus police officer shall have full authority to bear arms

25  in the performance of the officer's duties and carry out a

26  search pursuant to a search warrant on the campus. Florida

27  School for the Deaf and the Blind campus police, upon request

28  of the sheriff or local police authority, may serve subpoenas

29  or other legal process and may make arrests of persons against

30  whom arrest warrants have been issued or against whom charges

31  


                                 267

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  have been made for violations of federal or state laws or

 2  county or municipal ordinances.

 3         (c)  The campus police shall promptly deliver all

 4  persons arrested and charged with felonies to the sheriff of

 5  the county within which the school is located and all persons

 6  arrested and charged with misdemeanors to the applicable

 7  authority as provided by law, but otherwise to the sheriff of

 8  the county in which the school is located.

 9         (d)  The campus police must meet the minimum standards

10  established by the Criminal Justice Standards and Training

11  Commission of the Department of Law Enforcement and chapter

12  943 for law enforcement officers. Each campus police officer

13  must, before entering into the performance of the officer's

14  duties, take the oath of office established by the board of

15  trustees. The board of trustees may obtain and approve a bond

16  on each campus police officer, conditioned upon the officer's

17  faithful performance of the officer's duties, which bond must

18  be payable to the Governor. The board of trustees may

19  determine the amount of the bond. In determining the amount of

20  the bond, the board may consider the amount of money or

21  property likely to be in the custody of the officer at any one

22  time. The board of trustees must provide a uniform set of

23  identifying credentials to each campus police officer it

24  employs.

25         (e)  In performance of any of the powers, duties, and

26  functions authorized by law, campus police have the same

27  rights, protections, and immunities afforded other law

28  enforcement officers.

29         (f)  The board of trustees shall adopt rules,

30  including, without limitation, rules for the appointment,

31  employment, and removal of campus police in accordance with


                                 268

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the State Career Service System and shall establish in writing

 2  a policy manual, that includes, without limitation, procedures

 3  for managing routine law enforcement situations and emergency

 4  law enforcement situations. The board of trustees shall

 5  furnish a copy of the policy manual to each of the campus

 6  police officers it employs. A campus police officer appointed

 7  by the board of trustees must have completed the training

 8  required by the school in the special needs and proper

 9  procedures for dealing with students served by the school.

10         (9)  REPORT OF CAMPUS CRIME STATISTICS.--

11         (a)  The school shall prepare an annual report of

12  statistics of crimes committed on its campus and shall submit

13  the report to the board of trustees and the Commissioner of

14  Education. The data for these reports may be taken from the

15  annual report of the Department of Law Enforcement. The board

16  of trustees shall prescribe the form for submission of these

17  reports.

18         (b)  The school shall prepare annually a report of

19  statistics of crimes committed on its campus for the preceding

20  3 years. The school shall give students and prospective

21  students notice that this report is available upon request.

22         Section 102.  Section 1002.37, Florida Statutes, is

23  created to read:

24         1002.37  The Florida Virtual School.--

25         (1)(a)  The Florida Virtual School is established for

26  the development and delivery of on-line and distance learning

27  education and shall be administratively housed within the

28  Commissioner of Education's Office of Technology and

29  Information Services. The Commissioner of Education shall

30  monitor the school's performance and report its performance to

31  the State Board of Education and the Legislature.


                                 269

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  The mission of the Florida Virtual School is to

 2  provide students with technology-based educational

 3  opportunities to gain the knowledge and skills necessary to

 4  succeed. The school shall serve any student in the state who

 5  meets the profile for success in this educational delivery

 6  context and shall give priority to:

 7         1.  Students who need expanded access to courses in

 8  order to meet their educational goals, such as home education

 9  students and students in inner-city and rural high schools who

10  do not have access to higher-level courses.

11         2.  Students seeking accelerated access in order to

12  obtain a high school diploma at least one semester early.

13         (c)  To ensure students are informed of the

14  opportunities offered by the Florida Virtual School, the

15  commissioner shall provide the board of trustees of the

16  Florida Virtual School access to the records of public school

17  students in a format prescribed by the board of trustees.

18  

19  The board of trustees of the Florida Virtual School shall

20  identify appropriate performance measures and standards based

21  on student achievement that reflect the school's statutory

22  mission and priorities, and shall implement an accountability

23  system for the school that includes assessment of its

24  effectiveness and efficiency in providing quality services

25  that encourage high student achievement, seamless

26  articulation, and maximum access.

27         (2)  The Florida Virtual School shall be governed by a

28  board of trustees comprised of seven members appointed by the

29  Governor to 4-year staggered terms.  The board of trustees

30  shall be a public agency entitled to sovereign immunity

31  pursuant to s. 768.28, and board members shall be public


                                 270

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  officers who shall bear fiduciary responsibility for the

 2  Florida Virtual School. The board of trustees shall have the

 3  following powers and duties:

 4         (a)1.  The board of trustees shall meet at least 4

 5  times each year, upon the call of the chair, or at the request

 6  of a majority of the membership.

 7         2.  The fiscal year for the Florida Virtual School

 8  shall be the state fiscal year as provided in s.

 9  216.011(1)(o).

10         (b)  The board of trustees shall be responsible for the

11  Florida Virtual School's development of a state-of-the-art

12  technology-based education delivery system that is

13  cost-effective, educationally sound, marketable, and capable

14  of sustaining a self-sufficient delivery system through the

15  Florida Education Finance Program, by fiscal year 2003-2004.

16  The school shall collect and report data for all students

17  served and credit awarded. This data shall be segregated by

18  private, public, and home education students by program.

19  Information shall also be collected that reflects any other

20  school in which a virtual school student is enrolled.

21         (c)  The board of trustees shall aggressively seek

22  avenues to generate revenue to support its future endeavors,

23  and shall enter into agreements with distance learning

24  providers. The board of trustees may acquire, enjoy, use, and

25  dispose of patents, copyrights, and trademarks and any

26  licenses and other rights or interests thereunder or therein.

27  Ownership of all such patents, copyrights, trademarks,

28  licenses, and rights or interests thereunder or therein shall

29  vest in the state, with the board of trustees having full

30  right of use and full right to retain the revenues derived

31  therefrom. Any funds realized from patents, copyrights,


                                 271

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  trademarks, or licenses shall be used to support the school's

 2  marketing and research and development activities in order to

 3  improve courseware and services to its students.

 4         (d)  The board of trustees shall annually prepare and

 5  submit to the State Board of Education a legislative budget

 6  request, including funding requests for computers for public

 7  school students who do not have access to public school

 8  computers, in accordance with chapter 216 and s. 1013.60. The

 9  legislative budget request of the Florida Virtual School shall

10  be prepared using the same format, procedures, and timelines

11  required for the submission of the legislative budget of the

12  Department of Education.  Nothing in this section shall be

13  construed to guarantee a computer to any individual student.

14         (e)  In accordance with law and rules of the State

15  Board of Education, the board of trustees shall administer and

16  maintain personnel programs for all employees of the board of

17  trustees and the Florida Virtual School. The board of trustees

18  may adopt rules, policies, and procedures related to the

19  appointment, employment, and removal of personnel.

20         1.  The board of trustees shall determine the

21  compensation, including salaries and fringe benefits, and

22  other conditions of employment for such personnel.

23         2.  The board of trustees may establish and maintain a

24  personnel loan or exchange program by which persons employed

25  by the board of trustees for the Florida Virtual School as

26  academic administrative and instructional staff may be loaned

27  to, or exchanged with persons employed in like capacities by,

28  public agencies either within or without this state, or by

29  private industry. With respect to public agency employees, the

30  program authorized by this subparagraph shall be consistent

31  with the requirements of part II of chapter 112. The salary


                                 272

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  and benefits of board of trustees personnel participating in

 2  the loan or exchange program shall be continued during the

 3  period of time they participate in a loan or exchange program,

 4  and such personnel shall be deemed to have no break in

 5  creditable or continuous service or employment during such

 6  time. The salary and benefits of persons participating in the

 7  personnel loan or exchange program who are employed by public

 8  agencies or private industry shall be paid by the originating

 9  employers of those participants, and such personnel shall be

10  deemed to have no break in creditable or continuous service or

11  employment during such time.

12         3.  The employment of all Florida Virtual School

13  academic administrative and instructional personnel shall be

14  subject to rejection for cause by the board of trustees, and

15  shall be subject to policies of the board of trustees relative

16  to certification, tenure, leaves of absence, sabbaticals,

17  remuneration, and such other conditions of employment as the

18  board of trustees deems necessary and proper, not inconsistent

19  with law.

20         4.  Each person employed by the board of trustees in an

21  academic administrative or instructional capacity with the

22  Florida Virtual School shall be entitled to a contract as

23  provided by rules of the board of trustees.

24         5.  All employees except temporary, seasonal, and

25  student employees may be state employees for the purpose of

26  being eligible to participate in the Florida Retirement System

27  and receive benefits. The classification and pay plan,

28  including terminal leave and other benefits, and any

29  amendments thereto, shall be subject to review and approval by

30  the Department of Management Services and the Executive Office

31  of the Governor prior to adoption. In the event that the board


                                 273

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  of trustees assumes responsibility for governance pursuant to

 2  this section before approval is obtained, employees shall be

 3  compensated pursuant to the system in effect for the employees

 4  of the fiscal agent.

 5         (f)  The board of trustees shall establish priorities

 6  for admission of students in accordance with paragraph (1)(b).

 7         (g)  The board of trustees shall establish and

 8  distribute to all school districts and high schools in the

 9  state procedures for enrollment of students in courses offered

10  by the Florida Virtual School. Such procedures shall be

11  designed to minimize paperwork and fairly resolve the issue of

12  double funding students taking courses online.

13         (h)  The board of trustees shall annually submit to the

14  State Board of Education both forecasted and actual

15  enrollments for the Florida Virtual School, according to

16  procedures established by the State Board of Education. At a

17  minimum, such procedures must include the number of public,

18  private, and home education students served by district.

19         (i)  The board of trustees shall provide for the

20  content and custody of student and employee personnel records.

21  Student records shall be subject to the provisions of s.

22  1002.22. Employee records shall be subject to the provisions

23  of s. 1012.31.

24         (j)  The financial records and accounts of the Florida

25  Virtual School shall be maintained under the direction of the

26  board of trustees and under rules adopted by the State Board

27  of Education for the uniform system of financial records and

28  accounts for the schools of the state.

29  

30  The Governor shall designate the initial chair of the board of

31  trustees to serve a term of 4 years. Members of the board of


                                 274

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  trustees shall serve without compensation, but may be

 2  reimbursed for per diem and travel expenses pursuant to s.

 3  112.061. The board of trustees shall be a body corporate with

 4  all the powers of a body corporate and such authority as is

 5  needed for the proper operation and improvement of the Florida

 6  Virtual School. The board of trustees is specifically

 7  authorized to adopt rules, policies, and procedures,

 8  consistent with law and rules of the State Board of Education

 9  related to governance, personnel, budget and finance,

10  administration, programs, curriculum and instruction, travel

11  and purchasing, technology, students, contracts and grants,

12  and property as necessary for optimal, efficient operation of

13  the Florida Virtual School. Tangible personal property owned

14  by the board of trustees shall be subject to the provisions of

15  chapter 273.

16         (3)(a)  Until fiscal year 2003-2004, the Commissioner

17  of Education shall include the Florida Virtual School as a

18  grant-in-aid appropriation in the department's legislative

19  budget request to the State Board of Education, the Governor,

20  and the Legislature, subject to any guidelines imposed in the

21  General Appropriations Act.

22         (b)  The Orange County District School Board shall be

23  the temporary fiscal agent of the Florida Virtual School.

24         (4)  Under no circumstance may the credit of the state

25  be pledged on behalf of the Florida Virtual School.

26         (5)  The board of trustees shall annually submit to the

27  Governor, the Legislature, the Commissioner of Education, and

28  the State Board of Education a complete and detailed report

29  setting forth:

30         (a)  The operations and accomplishments of the Florida

31  Virtual School.


                                 275

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  The marketing and operational plan for the Florida

 2  Virtual School, including recommendations regarding methods

 3  for improving the delivery of education through the Internet

 4  and other distance learning technology.

 5         (c)  The assets and liabilities of the Florida Virtual

 6  School at the end of the fiscal year.

 7         (d)  A copy of an annual financial audit of the

 8  accounts and records of the Florida Virtual School, conducted

 9  by an independent certified public accountant and performed in

10  accordance with rules adopted by the Auditor General.

11         (e)  Recommendations regarding the unit cost of

12  providing services to students. In order to most effectively

13  develop public policy regarding any future funding of the

14  Florida Virtual School, it is imperative that the cost of the

15  program is accurately identified. The identified cost of the

16  program must be based on reliable data.

17         (f)  Recommendations regarding an accountability

18  mechanism to assess the effectiveness of the services provided

19  by the Florida Virtual School.

20         (6)  The State Board of Education may adopt rules it

21  deems necessary to implement reporting requirements for the

22  Florida Virtual School.

23         Section 103.  Section 1002.38, Florida Statutes, is

24  created to read:

25         1002.38  Opportunity Scholarship Program.--

26         (1)  FINDINGS AND INTENT.--The purpose of this section

27  is to provide enhanced opportunity for students in this state

28  to gain the knowledge and skills necessary for postsecondary

29  education, a technical education, or the world of work. The

30  Legislature recognizes that the voters of the State of

31  Florida, in the November 1998 general election, amended s. 1,


                                 276

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Art. IX of the Florida Constitution so as to make education a

 2  paramount duty of the state. The Legislature finds that the

 3  State Constitution requires the state to provide a uniform,

 4  safe, secure, efficient, and high-quality system which allows

 5  the opportunity to obtain a high-quality education. The

 6  Legislature further finds that a student should not be

 7  compelled, against the wishes of the student's parent, to

 8  remain in a school found by the state to be failing for 2

 9  years in a 4-year period. The Legislature shall make available

10  opportunity scholarships in order to give parents the

11  opportunity for their children to attend a public school that

12  is performing satisfactorily or to attend an eligible private

13  school when the parent chooses to apply the equivalent of the

14  public education funds generated by his or her child to the

15  cost of tuition in the eligible private school as provided in

16  paragraph (6)(a). Eligibility of a private school shall

17  include the control and accountability requirements that,

18  coupled with the exercise of parental choice, are reasonably

19  necessary to secure the educational public purpose, as

20  delineated in subsection (4).

21         (2)  OPPORTUNITY SCHOLARSHIP ELIGIBILITY.--A public

22  school student's parent may request and receive from the state

23  an opportunity scholarship for the student to enroll in and

24  attend a private school in accordance with the provisions of

25  this section if:

26         (a)1.  By assigned school attendance area or by special

27  assignment, the student has spent the prior school year in

28  attendance at a public school that has been designated

29  pursuant to s. 1008.34 as performance grade category "F,"

30  failing to make adequate progress, and that has had two school

31  years in a 4-year period of such low performance, and the


                                 277

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  student's attendance occurred during a school year in which

 2  such designation was in effect;

 3         2.  The student has been in attendance elsewhere in the

 4  public school system and has been assigned to such school for

 5  the next school year; or

 6         3.  The student is entering kindergarten or first grade

 7  and has been notified that the student has been assigned to

 8  such school for the next school year.

 9         (b)  The parent has obtained acceptance for admission

10  of the student to a private school eligible for the program

11  pursuant to subsection (4), and has notified the Department of

12  Education and the school district of the request for an

13  opportunity scholarship no later than July 1 of the first year

14  in which the student intends to use the scholarship.

15  

16  The provisions of this section shall not apply to a student

17  who is enrolled in a school operating for the purpose of

18  providing educational services to youth in Department of

19  Juvenile Justice commitment programs. For purposes of

20  continuity of educational choice, the opportunity scholarship

21  shall remain in force until the student returns to a public

22  school or, if the student chooses to attend a private school

23  the highest grade of which is grade 8, until the student

24  matriculates to high school and the public high school to

25  which the student is assigned is an accredited school with a

26  performance grade category designation of "C" or better.

27  However, at any time upon reasonable notice to the Department

28  of Education and the school district, the student's parent may

29  remove the student from the private school and place the

30  student in a public school, as provided in subparagraph

31  (3)(a)2.


                                 278

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (3)  SCHOOL DISTRICT OBLIGATIONS.--

 2         (a)  A school district shall, for each student enrolled

 3  in or assigned to a school that has been designated as

 4  performance grade category "F" for 2 school years in a 4-year

 5  period:

 6         1.  Timely notify the parent of the student as soon as

 7  such designation is made of all options available pursuant to

 8  this section.

 9         2.  Offer that student's parent an opportunity to

10  enroll the student in the public school within the district

11  that has been designated by the state pursuant to s. 1008.34

12  as a school performing higher than that in which the student

13  is currently enrolled or to which the student has been

14  assigned, but not less than performance grade category "C."

15  The parent is not required to accept this offer in lieu of

16  requesting a state opportunity scholarship to a private

17  school. The opportunity to continue attending the higher

18  performing public school shall remain in force until the

19  student graduates from high school.

20         (b)  The parent of a student enrolled in or assigned to

21  a school that has been designated performance grade category

22  "F" for 2 school years in a 4-year period may choose as an

23  alternative to enroll the student in and transport the student

24  to a higher-performing public school that has available space

25  in an adjacent school district, and that school district shall

26  accept the student and report the student for purposes of the

27  district's funding pursuant to the Florida Education Finance

28  Program.

29         (c)  For students in the school district who are

30  participating in the state Opportunity Scholarship Program,

31  


                                 279

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the school district shall provide locations and times to take

 2  all statewide assessments required pursuant to s. 1008.22.

 3         (d)  Students with disabilities who are eligible to

 4  receive services from the school district under federal or

 5  state law, and who participate in this program, remain

 6  eligible to receive services from the school district as

 7  provided by federal or state law.

 8         (e)  If for any reason a qualified private school is

 9  not available for the student or if the parent chooses to

10  request that the student be enrolled in the higher performing

11  public school, rather than choosing to request the state

12  opportunity scholarship, transportation costs to the higher

13  performing public school shall be the responsibility of the

14  school district. The district may utilize state categorical

15  transportation funds or state-appropriated public school

16  choice incentive funds for this purpose.

17         (4)  PRIVATE SCHOOL ELIGIBILITY.--To be eligible to

18  participate in the Opportunity Scholarship Program, a private

19  school must be a Florida private school, may be sectarian or

20  nonsectarian, and must:

21         (a)  Demonstrate fiscal soundness by being in operation

22  for 1 school year or provide the Department of Education with

23  a statement by a certified public accountant confirming that

24  the private school desiring to participate is insured and the

25  owner or owners have sufficient capital or credit to operate

26  the school for the upcoming year serving the number of

27  students anticipated with expected revenues from tuition and

28  other sources that may be reasonably expected. In lieu of such

29  a statement, a surety bond or letter of credit for the amount

30  equal to the opportunity scholarship funds for any quarter may

31  be filed with the department.


                                 280

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  Notify the Department of Education and the school

 2  district in whose service area the school is located of its

 3  intent to participate in the program under this section by May

 4  1 of the school year preceding the school year in which it

 5  intends to participate. The notice shall specify the grade

 6  levels and services that the private school has available for

 7  the Opportunity Scholarship Program.

 8         (c)  Comply with the antidiscrimination provisions of

 9  42 U.S.C. s. 2000d.

10         (d)  Meet state and local health and safety laws and

11  codes.

12         (e)  Accept scholarship students on an entirely random

13  and religious-neutral basis without regard to the student's

14  past academic history; however, the private school may give

15  preference in accepting applications to siblings of students

16  who have already been accepted on a random and

17  religious-neutral basis.

18         (f)  Be subject to the instruction, curriculum, and

19  attendance criteria adopted by an appropriate nonpublic school

20  accrediting body and be academically accountable to the parent

21  for meeting the educational needs of the student. The private

22  school must furnish a school profile which includes student

23  performance.

24         (g)  Employ or contract with teachers who hold a

25  baccalaureate or higher degree, or have at least 3 years of

26  teaching experience in public or private schools, or have

27  special skills, knowledge, or expertise that qualifies them to

28  provide instruction in subjects taught.

29         (h)  Comply with all state statutes relating to private

30  schools.

31  


                                 281

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (i)  Accept as full tuition and fees the amount

 2  provided by the state for each student.

 3         (j)  Agree not to compel any student attending the

 4  private school on an opportunity scholarship to profess a

 5  specific ideological belief, to pray, or to worship.

 6         (k)  Adhere to the tenets of its published disciplinary

 7  procedures prior to the expulsion of any opportunity

 8  scholarship student.

 9         (5)  OBLIGATION OF PROGRAM PARTICIPATION.--

10         (a)  Any student participating in the Opportunity

11  Scholarship Program must remain in attendance throughout the

12  school year, unless excused by the school for illness or other

13  good cause, and must comply fully with the school's code of

14  conduct.

15         (b)  The parent of each student participating in the

16  Opportunity Scholarship Program must comply fully with the

17  private school's parental involvement requirements, unless

18  excused by the school for illness or other good cause.

19         (c)  The parent shall ensure that the student

20  participating in the Opportunity Scholarship Program takes all

21  statewide assessments required pursuant to s. 1008.22.

22         (d)  A participant who fails to comply with this

23  subsection shall forfeit the opportunity scholarship.

24         (6)  OPPORTUNITY SCHOLARSHIP FUNDING AND PAYMENT.--

25         (a)  The maximum opportunity scholarship granted for an

26  eligible student shall be a calculated amount equivalent to

27  the base student allocation in the Florida Education Finance

28  Program multiplied by the appropriate cost factor for the

29  educational program that would have been provided for the

30  student in the district school to which he or she was

31  assigned, multiplied by the district cost differential. In


                                 282

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  addition, the calculated amount shall include the per-student

 2  share of instructional materials funds, technology funds, and

 3  other categorical funds as provided for this purpose in the

 4  General Appropriations Act.

 5         (b)  The amount of the opportunity scholarship shall be

 6  the calculated amount or the amount of the private school's

 7  tuition and fees, whichever is less. Fees eligible shall

 8  include textbook fees, lab fees, and other fees related to

 9  instruction, including transportation.

10         (c)  The school district shall report all students who

11  are attending a private school under this program. The

12  students attending private schools on opportunity scholarships

13  shall be reported separately from those students reported for

14  purposes of the Florida Education Finance Program.

15         (d)  The public or private school that provides

16  services to students with disabilities shall receive the

17  weighted funding for such services at the appropriate funding

18  level consistent with the provisions of s. 1011.62(1)(e).

19         (e)  For purposes of calculating the opportunity

20  scholarship, a student will be eligible for the amount of the

21  appropriate basic cost factor if:

22         1.  The student currently participates in a Group I

23  program funded at the basic cost factor and is not

24  subsequently identified as having a disability; or

25         2.  The student currently participates in a Group II

26  program and the parent has chosen a private school that does

27  not provide the additional services funded by the Group II

28  program.

29         (f)  Following annual notification on July 1 of the

30  number of participants, the Department of Education shall

31  transfer from each school district's appropriated funds the


                                 283

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  calculated amount from the Florida Education Finance Program

 2  and authorized categorical accounts to a separate account for

 3  the Opportunity Scholarship Program for quarterly disbursement

 4  to the parents of participating students.

 5         (g)  Upon proper documentation reviewed and approved by

 6  the Department of Education, the Comptroller shall make

 7  opportunity scholarship payments in four equal amounts no

 8  later than September 1, November 1, February 1, and April 1 of

 9  each academic year in which the opportunity scholarship is in

10  force. The initial payment shall be made after Department of

11  Education verification of admission acceptance, and subsequent

12  payments shall be made upon verification of continued

13  enrollment and attendance at the private school. Payment must

14  be by individual warrant made payable to the student's parent

15  and mailed by the Department of Education to the private

16  school of the parent's choice, and the parent shall

17  restrictively endorse the warrant to the private school.

18         (7)  LIABILITY.--No liability shall arise on the part

19  of the state based on any grant or use of an opportunity

20  scholarship.

21         (8)  RULES.--The State Board of Education may adopt

22  rules pursuant to ss. 120.536(1) and 120.54 to implement the

23  provisions of this section. Rules shall include penalties for

24  noncompliance with subsections (3) and (5). However, the

25  inclusion of eligible private schools within options available

26  to Florida public school students does not expand the

27  regulatory authority of the state, its officers, or any school

28  district to impose any additional regulation of private

29  schools beyond those reasonably necessary to enforce

30  requirements expressly set forth in this section.

31  


                                 284

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 104.  Section 1002.39, Florida Statutes, is

 2  created to read:

 3         1002.39  The John M. McKay Scholarships for Students

 4  with Disabilities Program.--There is established a program

 5  that is separate and distinct from the Opportunity Scholarship

 6  Program and is named the John M. McKay Scholarships for

 7  Students with Disabilities Program, pursuant to this section.

 8         (1)  THE JOHN M. MCKAY SCHOLARSHIPS FOR STUDENTS WITH

 9  DISABILITIES PROGRAM.--The John M. McKay Scholarships for

10  Students with Disabilities Program is established to provide

11  the option to attend a public school other than the one to

12  which assigned, or to provide a scholarship to a private

13  school of choice, for students with disabilities for whom an

14  individual education plan has been written in accordance with

15  rules of the State Board of Education. Students with

16  disabilities include K-12 students who are mentally

17  handicapped, speech and language impaired, deaf or hard of

18  hearing, visually impaired, dual sensory impaired, physically

19  impaired, emotionally handicapped, specific learning disabled,

20  hospitalized or homebound, or autistic.

21         (2)  SCHOLARSHIP ELIGIBILITY.--The parent of a public

22  school student with a disability who is dissatisfied with the

23  student's progress may request and receive from the state a

24  John M. McKay Scholarship for the child to enroll in and

25  attend a private school in accordance with this section if:

26         (a)  By assigned school attendance area or by special

27  assignment, the student has spent the prior school year in

28  attendance at a Florida public school. Prior school year in

29  attendance means that the student was enrolled and reported by

30  a school district for funding during the preceding October and

31  


                                 285

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  February Florida Education Finance Program surveys in

 2  kindergarten through grade 12.

 3         (b)  The parent has obtained acceptance for admission

 4  of the student to a private school that is eligible for the

 5  program under subsection (4) and has notified the school

 6  district of the request for a scholarship at least 60 days

 7  prior to the date of the first scholarship payment. The

 8  parental notification must be through a communication directly

 9  to the district or through the Department of Education to the

10  district in a manner that creates a written or electronic

11  record of the notification and the date of receipt of the

12  notification.

13  

14  This section does not apply to a student who is enrolled in a

15  school operating for the purpose of providing educational

16  services to youth in Department of Juvenile Justice commitment

17  programs. For purposes of continuity of educational choice,

18  the scholarship shall remain in force until the student

19  returns to a public school or graduates from high school.

20  However, at any time, the student's parent may remove the

21  student from the private school and place the student in

22  another private school that is eligible for the program under

23  subsection (4) or in a public school as provided in subsection

24  (3).

25         (3)  SCHOOL DISTRICT AND DEPARTMENT OF EDUCATION

26  OBLIGATIONS.--

27         (a)  A school district shall timely notify the parent

28  of the student of all options available pursuant to this

29  section and offer that student's parent an opportunity to

30  enroll the student in another public school within the

31  district. The parent is not required to accept this offer in


                                 286

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  lieu of requesting a John M. McKay Scholarship to a private

 2  school. However, if the parent chooses the public school

 3  option, the student may continue attending a public school

 4  chosen by the parent until the student graduates from high

 5  school. If the parent chooses a public school consistent with

 6  the district school board's choice plan under s. 1002.31, the

 7  school district shall provide transportation to the public

 8  school selected by the parent. The parent is responsible to

 9  provide transportation to a public school chosen that is not

10  consistent with the district school board's choice plan under

11  s. 1002.31.

12         (b)  For a student with disabilities who does not have

13  a matrix of services under s. 1011.62(1)(e), the school

14  district must complete a matrix that assigns the student to

15  one of the levels of service as they existed prior to the

16  2000-2001 school year. The school district must complete the

17  matrix of services for any student who is participating in the

18  John M. McKay Scholarships for Students with Disabilities

19  Program and must notify the Department of Education of the

20  student's matrix level within 30 days after receiving

21  notification by the student's parent of intent to participate

22  in the scholarship program. The Department of Education shall

23  notify the private school of the amount of the scholarship

24  within 10 days after receiving the school district's

25  notification of the student's matrix level. Within 10 school

26  days after it receives notification of a parent's intent to

27  apply for a McKay Scholarship, a district school board must

28  notify the student's parent if the matrix has not been

29  completed and provide the parent with the date for completion

30  of the matrix required in this paragraph.

31  


                                 287

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (c)  If the parent chooses the private school option

 2  and the student is accepted by the private school pending the

 3  availability of a space for the student, the parent of the

 4  student must notify the school district 60 days prior to the

 5  first scholarship payment and before entering the private

 6  school in order to be eligible for the scholarship when a

 7  space becomes available for the student in the private school.

 8         (d)  The parent of a student may choose, as an

 9  alternative, to enroll the student in and transport the

10  student to a public school in an adjacent school district

11  which has available space and has a program with the services

12  agreed to in the student's individual education plan already

13  in place, and that school district shall accept the student

14  and report the student for purposes of the district's funding

15  pursuant to the Florida Education Finance Program.

16         (e)  For a student in the district who participates in

17  the John M. McKay Scholarships for Students with Disabilities

18  Program whose parent requests that the student take the

19  statewide assessments under s. 1008.22, the district shall

20  provide locations and times to take all statewide assessments.

21         (f)  A school district must notify the Department of

22  Education within 10 days after it receives notification of a

23  parent's intent to apply for a scholarship for a student with

24  a disability. A school district must provide the student's

25  parent with the student's matrix level within 10 school days

26  after its completion.

27         (4)  PRIVATE SCHOOL ELIGIBILITY.--To be eligible to

28  participate in the John M. McKay Scholarships for Students

29  with Disabilities Program, a private school must be a Florida

30  private school, may be sectarian or nonsectarian, and must:

31  


                                 288

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (a)  Demonstrate fiscal soundness by being in operation

 2  for 1 school year or provide the Department of Education with

 3  a statement by a certified public accountant confirming that

 4  the private school desiring to participate is insured and the

 5  owner or owners have sufficient capital or credit to operate

 6  the school for the upcoming year serving the number of

 7  students anticipated with expected revenues from tuition and

 8  other sources that may be reasonably expected. In lieu of such

 9  a statement, a surety bond or letter of credit for the amount

10  equal to the scholarship funds for any quarter may be filed

11  with the department.

12         (b)  Notify the Department of Education of its intent

13  to participate in the program under this section. The notice

14  must specify the grade levels and services that the private

15  school has available for students with disabilities who are

16  participating in the scholarship program.

17         (c)  Comply with the antidiscrimination provisions of

18  42 U.S.C. s. 2000d.

19         (d)  Meet state and local health and safety laws and

20  codes.

21         (e)  Be academically accountable to the parent for

22  meeting the educational needs of the student.

23         (f)  Employ or contract with teachers who hold

24  baccalaureate or higher degrees, or have at least 3 years of

25  teaching experience in public or private schools, or have

26  special skills, knowledge, or expertise that qualifies them to

27  provide instruction in subjects taught.

28         (g)  Comply with all state laws relating to general

29  regulation of private schools.

30         (h)  Adhere to the tenets of its published disciplinary

31  procedures prior to the expulsion of a scholarship student.


                                 289

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (5)  OBLIGATION OF PROGRAM PARTICIPANTS.--

 2         (a)  A parent who applies for a John M. McKay

 3  Scholarship is exercising his or her parental option to place

 4  his or her child in a private school. The parent must select

 5  the private school and apply for the admission of his or her

 6  child.

 7         (b)  The parent must have requested the scholarship at

 8  least 60 days prior to the date of the first scholarship

 9  payment.

10         (c)  Any student participating in the scholarship

11  program must remain in attendance throughout the school year,

12  unless excused by the school for illness or other good cause,

13  and must comply fully with the school's code of conduct.

14         (d)  The parent of each student participating in the

15  scholarship program must comply fully with the private

16  school's parental involvement requirements, unless excused by

17  the school for illness or other good cause.

18         (e)  If the parent requests that the student

19  participating in the scholarship program take all statewide

20  assessments required pursuant to s. 1008.22, the parent is

21  responsible for transporting the student to the assessment

22  site designated by the school district.

23         (f)  Upon receipt of a scholarship warrant, the parent

24  to whom the warrant is made must restrictively endorse the

25  warrant to the private school for deposit into the account of

26  the private school.

27         (g)  A participant who fails to comply with this

28  subsection forfeits the scholarship.

29         (6)  SCHOLARSHIP FUNDING AND PAYMENT.--

30         (a)1.  The maximum scholarship granted for an eligible

31  student with disabilities shall be a calculated amount


                                 290

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  equivalent to the base student allocation in the Florida

 2  Education Finance Program multiplied by the appropriate cost

 3  factor for the educational program that would have been

 4  provided for the student in the district school to which he or

 5  she was assigned, multiplied by the district cost

 6  differential.

 7         2.  In addition, a share of the guaranteed allocation

 8  for exceptional students shall be determined and added to the

 9  calculated amount.  The calculation shall be based on the

10  methodology and the data used to calculate the guaranteed

11  allocation for exceptional students for each district in

12  chapter 2000-166, Laws of Florida.  Except as provided in

13  subparagraph 3., the calculation shall be based on the

14  student's grade, matrix level of services, and the difference

15  between the 2000-2001 basic program and the appropriate level

16  of services cost factor, multiplied by the 2000-2001 base

17  student allocation and the 2000-2001 district cost

18  differential for the sending district.  Also, the calculated

19  amount shall include the per-student share of supplemental

20  academic instruction funds, instructional materials funds,

21  technology funds, and other categorical funds as provided for

22  such purposes in the General Appropriations Act.

23         3.  Until the school district completes the matrix

24  required by paragraph (3)(b), the calculation shall be based

25  on the matrix that assigns the student to support level I of

26  service as it existed prior to the 2000-2001 school year.

27  When the school district completes the matrix, the amount of

28  the payment shall be adjusted as needed.

29         (b)  The amount of the John M. McKay Scholarship shall

30  be the calculated amount or the amount of the private school's

31  tuition and fees, whichever is less. The amount of any


                                 291

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  assessment fee required by the participating private school

 2  may be paid from the total amount of the scholarship.

 3         (c)  If the participating private school requires

 4  partial payment of tuition prior to the start of the academic

 5  year to reserve space for students admitted to the school,

 6  that partial payment may be paid by the Department of

 7  Education prior to the first quarterly payment of the year in

 8  which the John M. McKay Scholarship is awarded, up to a

 9  maximum of $1,000, and deducted from subsequent scholarship

10  payments. If a student decides not to attend the participating

11  private school, the partial reservation payment must be

12  returned to the Department of Education by the participating

13  private school. There is a limit of one reservation payment

14  per student per year.

15         (d)  The school district shall report all students who

16  are attending a private school under this program. The

17  students with disabilities attending private schools on John

18  M. McKay Scholarships shall be reported separately from other

19  students reported for purposes of the Florida Education

20  Finance Program.

21         (e)  Following notification on July 1, September 1,

22  December 1, or February 1 of the number of program

23  participants, the Department of Education shall transfer, from

24  General Revenue funds only, the amount calculated under

25  paragraph (b) from the school district's total funding

26  entitlement under the Florida Education Finance Program and

27  from authorized categorical accounts to a separate account for

28  the scholarship program for quarterly disbursement to the

29  parents of participating students. When a student enters the

30  scholarship program, the Department of Education must receive

31  all documentation required for the student's participation,


                                 292

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  including the private school's and student's fee schedules, at

 2  least 30 days before the first quarterly scholarship payment

 3  is made for the student. The Department of Education may not

 4  make any retroactive payments.

 5         (f)  Upon proper documentation reviewed and approved by

 6  the Department of Education, the Comptroller shall make

 7  scholarship payments in four equal amounts no later than

 8  September 1, November 1, February 1, and April 15 of each

 9  academic year in which the scholarship is in force. The

10  initial payment shall be made after Department of Education

11  verification of admission acceptance, and subsequent payments

12  shall be made upon verification of continued enrollment and

13  attendance at the private school. Payment must be by

14  individual warrant made payable to the student's parent and

15  mailed by the Department of Education to the private school of

16  the parent's choice, and the parent shall restrictively

17  endorse the warrant to the private school for deposit into the

18  account of the private school.

19         (7)  LIABILITY.--No liability shall arise on the part

20  of the state based on the award or use of a John M. McKay

21  Scholarship.

22         (8)  RULES.--The State Board of Education may adopt

23  rules pursuant to ss. 120.536(1) and 120.54 to administer this

24  section. However, the inclusion of eligible private schools

25  within options available to Florida public school students

26  does not expand the regulatory authority of the state, its

27  officers, or any school district to impose any additional

28  regulation of private schools beyond those reasonably

29  necessary to enforce requirements expressly set forth in this

30  section.

31  


                                 293

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 105.  Part IV of chapter 1002, Florida

 2  Statutes, shall be entitled "Home Education, Private Schools,

 3  Other Education Options" and shall consist of ss.

 4  1002.41-1002.43.

 5         Section 106.  Section 1002.41, Florida Statutes, is

 6  created to read:

 7         1002.41  Home education programs.--

 8         (1)  A "home education program" is defined in s.

 9  1002.01. The parent is not required to hold a valid regular

10  Florida teaching certificate.

11         (a)  The parent shall notify the district school

12  superintendent of the county in which the parent resides of

13  her or his intent to establish and maintain a home education

14  program. The notice shall be in writing, signed by the parent,

15  and shall include the names, addresses, and birthdates of all

16  children who shall be enrolled as students in the home

17  education program.  The notice shall be filed in the district

18  school superintendent's office within 30 days of the

19  establishment of the home education program. A written notice

20  of termination of the home education program shall be filed in

21  the district school superintendent's office within 30 days

22  after said termination.

23         (b)  The parent shall maintain a portfolio of records

24  and materials.  The portfolio shall consist of the following:

25         1.  A log of educational activities that is made

26  contemporaneously with the instruction and that designates by

27  title any reading materials used.

28         2.  Samples of any writings, worksheets, workbooks, or

29  creative materials used or developed by the student.

30  

31  


                                 294

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  The portfolio shall be preserved by the parent for 2 years and

 2  shall be made available for inspection by the district school

 3  superintendent, or the district school superintendent's agent,

 4  upon 15 days' written notice. Nothing in this section shall

 5  require the district school superintendent to inspect the

 6  portfolio.

 7         (c)  The parent shall provide for an annual educational

 8  evaluation in which is documented the student's demonstration

 9  of educational progress at a level commensurate with her or

10  his ability.  The parent shall select the method of evaluation

11  and shall file a copy of the evaluation annually with the

12  district school superintendent's office in the county in which

13  the student resides.  The annual educational evaluation shall

14  consist of one of the following:

15         1.  A teacher selected by the parent shall evaluate the

16  student's educational progress upon review of the portfolio

17  and discussion with the student.  Such teacher shall hold a

18  valid regular Florida certificate to teach academic subjects

19  at the elementary or secondary level;

20         2.  The student shall take any nationally normed

21  student achievement test administered by a certified teacher;

22         3.  The student shall take a state student assessment

23  test used by the school district and administered by a

24  certified teacher, at a location and under testing conditions

25  approved by the school district;

26         4.  The student shall be evaluated by an individual

27  holding a valid, active license pursuant to the provisions of

28  s. 490.003(7) or (8); or

29         5.  The student shall be evaluated with any other valid

30  measurement tool as mutually agreed upon by the district

31  


                                 295

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  school superintendent of the district in which the student

 2  resides and the student's parent.

 3         (2)  The district school superintendent shall review

 4  and accept the results of the annual educational evaluation of

 5  the student in a home education program. If the student does

 6  not demonstrate educational progress at a level commensurate

 7  with her or his ability, the district school superintendent

 8  shall notify the parent, in writing, that such progress has

 9  not been achieved.  The parent shall have 1 year from the date

10  of receipt of the written notification to provide remedial

11  instruction to the student.  At the end of the 1-year

12  probationary period, the student shall be reevaluated as

13  specified in paragraph (1)(c). Continuation in a home

14  education program shall be contingent upon the student

15  demonstrating educational progress commensurate with her or

16  his ability at the end of the probationary period.

17         (3)  A home education program shall be excluded from

18  meeting the requirements of a school day.

19         (4)  Home education students may participate in

20  interscholastic extracurricular student activities in

21  accordance with the provisions of s. 1006.15.

22         (5)  Home education students may participate in the

23  Bright Futures Scholarship Program in accordance with the

24  provisions of ss. 1009.53-1009.539.

25         (6)  Home education students may participate in dual

26  enrollment programs in accordance with the provisions of s.

27  1007.27(4) and 1007.271(10).

28         (7)  Home education students are eligible for admission

29  to community colleges in accordance with the provisions of s.

30  1007.263.

31  


                                 296

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (8)  Home education students are eligible for admission

 2  to state universities in accordance with the provisions of s.

 3  1007.261.

 4         (9)  Home education program students may receive

 5  testing and evaluation services at diagnostic and resource

 6  centers, in accordance with the provisions of s. 1006.03.

 7         Section 107.  Section 1002.42, Florida Statutes, is

 8  created to read:

 9         1002.42  Private schools.--

10         (1)  DEFINITION.--A "private school" is defined in s.

11  1002.01.

12         (2)  ANNUAL PRIVATE SCHOOL SURVEY.--

13         (a)  The Department of Education shall organize,

14  maintain, and annually update a database of educational

15  institutions within the state coming within the provisions of

16  this section.  There shall be included in the database of each

17  institution the name, address, and telephone number of the

18  institution; the type of institution; the names of

19  administrative officers; the enrollment by grade or special

20  group (e.g., career and technical education and exceptional

21  child education); the number of graduates; the number of

22  instructional and administrative personnel; the number of days

23  the school is in session; and such data as may be needed to

24  meet the provisions of this section and s. 1003.23(2).

25         (b)  For the purpose of organizing, maintaining, and

26  updating this database, each private school shall annually

27  execute and file a database survey form on a date designated

28  by the Department of Education which shall include a notarized

29  statement ascertaining that the owner of the private school

30  has complied with the provisions of paragraph (c). For the

31  


                                 297

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  purpose of this section, "owner" means any individual who is

 2  the chief administrative officer of a private school.

 3         (c)1.  Notwithstanding the provisions of paragraph (h),

 4  each person who is an owner or who establishes, purchases, or

 5  otherwise becomes an owner of a private school shall, within 5

 6  days of assuming ownership of a school, file with the

 7  Department of Law Enforcement a complete set of fingerprints

 8  for state processing and checking for criminal background. The

 9  fingerprints shall be taken by an authorized law enforcement

10  officer or an employee of the school who is trained to take

11  fingerprints.  The costs of fingerprinting, criminal records

12  checking, and processing shall be borne by the applicant or

13  private school.  The result of the criminal records checking

14  by the Department of Law Enforcement shall be forwarded to the

15  owner of the private school and shall be made available for

16  public inspection in the private school office as soon as it

17  is received.

18         2.  It shall be unlawful for a person who has been

19  convicted of a crime involving moral turpitude to own or

20  operate a private school.

21         3.  An owner of a private school may require school

22  employees to file a complete set of fingerprints with the

23  Department of Law Enforcement for processing and criminal

24  records checking.  Findings from such processing and checking

25  shall be reported to the owner for use in employment

26  decisions.

27         4.  Owners or employees of private schools who have

28  been fingerprinted pursuant to this paragraph, s. 1012.32, or

29  s. 402.3055 shall not be required to be refingerprinted if

30  they have not been unemployed or unassociated with a private

31  school or child care facility for more than 90 days.


                                 298

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         5.  Persons holding a valid Florida teaching

 2  certificate who have been fingerprinted pursuant to s. 1012.35

 3  shall not be required to comply with the provisions of this

 4  paragraph.

 5         (d)  The data inquiries to be included and answered in

 6  the survey required in paragraph (b) shall be limited to

 7  matters set forth in paragraph (a). The department shall

 8  furnish annually to each school sufficient copies of this

 9  form.

10         (e)  To ensure completeness and accuracy of the

11  database, each existing private educational institution

12  falling within the provisions of this section shall notify the

13  Department of Education of any change in the name of the

14  institution, the address, or the chief administrative officer.

15  Each new institution shall notify the department of its

16  establishment.

17         (f)  Annually, the department shall make accessible to

18  the public data on private education in this state. Such data

19  shall include that collected pursuant to paragraph (a) and

20  from other sources.

21         (g)  The failure of any institution to submit the

22  annual database survey form and notarized statement of

23  compliance with the provisions of paragraph (c), as required

24  by this section, shall be judged a misdemeanor and, upon

25  conviction, proper authorities of such institution shall be

26  subject to a fine not exceeding $500.  Submission of data for

27  a nonexistent school or an institution providing no

28  instruction or training, the purpose of which is to defraud

29  the public, is unlawful and the person or persons responsible

30  commit a misdemeanor of the second degree, punishable as

31  provided in s. 775.082 or s. 775.083.  Persons found to be in


                                 299

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  violation of subparagraph (c)2. commit a misdemeanor of the

 2  first degree, punishable as provided in s. 775.082 or s.

 3  775.083.

 4         (h)  It is the intent of the Legislature not to

 5  regulate, control, approve, or accredit private educational

 6  institutions, but to create a database where current

 7  information may be obtained relative to the educational

 8  institutions in this state coming within the provisions of

 9  this section as a service to the public, to governmental

10  agencies, and to other interested parties. It is not the

11  intent of the Legislature to regulate, control, or monitor,

12  expressly or implicitly, churches, their ministries, or

13  religious instruction, freedoms, or rites.  It is the intent

14  of the Legislature that the annual submission of the database

15  survey by a school shall not be used by that school to imply

16  approval or accreditation by the Department of Education.

17         (3)  RETENTION OF RECORDS.--

18         (a)  As used in this subsection:

19         1.  "Defunct private school" means any private school

20  that has terminated the operation of an education or training

21  program, or that has no students in attendance, or that has

22  dissolved as a business entity.

23         2.  "Student records" means those records, files,

24  documents, and other materials that contain information

25  directly related to students that are maintained by a private

26  school or by a person acting for such institution and that are

27  accessible to other professional personnel to facilitate the

28  instruction, guidance, and educational progress of students.

29  Information contained in student records shall be classified

30  as follows:

31  


                                 300

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         a.  Permanent information, which includes verified

 2  information of clear educational importance, containing the

 3  following:  student's full name and any known changes thereto

 4  due to marriage or adoption; authenticated birthdate, place of

 5  birth, race, and sex; last known address of student; names of

 6  student's parents; name and location of last school attended;

 7  number of days present and absent; date enrolled; date

 8  withdrawn; courses taken and record of achievement; and date

 9  of graduation or program achievement.

10         b.  Temporary information, which includes verified

11  information subject to change, containing, but not limited to,

12  the following:  health information, standardized test scores,

13  honors and activities, personal attributes, work experience,

14  teacher and counselor comments, and special reports.

15         (b)  All private schools that become defunct shall

16  transfer all permanent information contained in student

17  records to the district school superintendent of the public

18  school district in which the private school was located; or,

19  if the private school is a member of a private school system

20  or association, such school may transfer such records to the

21  principal office of such system or association, which shall

22  constitute full compliance with this subsection.  In the event

23  that such private school system or association becomes

24  defunct, it shall transfer all the permanent information

25  contained in its files to the district school superintendent

26  of the public school district in which the private school was

27  located.

28         (c)  All private schools that become defunct shall

29  notify the Department of Education Office of Private Schools

30  and Home Education Programs of the date of transfer of student

31  records, the location of storage, the custodian of such


                                 301

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  records, and the number of records to be stored. The

 2  department shall act as a clearinghouse and maintain a

 3  registry of such transfers of student records.

 4         (d)  It is not the intent of the Legislature to limit

 5  or restrict the use or possession of any student records while

 6  a school is operational, but to facilitate access to academic

 7  records by former students seeking to continue their education

 8  or training after a private school has become defunct.

 9         (4)  ATTENDANCE RECORDS AND REPORTS.--All officials,

10  teachers, and other employees in parochial, religious,

11  denominational, and private schools shall keep and prepare

12  records in accordance with the provisions of s. 1003.23(2).

13         (5)  SCHOOL-ENTRY HEALTH EXAMINATIONS.--The governing

14  authority of each private school shall require students to

15  present a certification of a school-entry health examination

16  in accordance with the provisions of s. 1003.22(1) and (2).

17         (6)  IMMUNIZATIONS.--The governing authority of each

18  private school shall require students to present a

19  certification of immunization in accordance with the

20  provisions of s. 1003.22(3)-(11).

21         (7)  ATTENDANCE REQUIREMENTS.--Attendance of a student

22  at a private, parochial, religious, or denominational school

23  satisfies the attendance requirements of ss. 1003.01(14) and

24  1003.21(1).

25         (8)  ATHLETIC COMPETITION.--A private school may

26  participate in athletic competition with a public high school

27  in accordance with the provisions of s. 1006.20(1).

28         (9)  RECEIPT OF EDUCATIONAL MATERIALS.--The Department

29  of Education may disseminate educational materials and sell

30  copies for educational use to private schools pursuant to s.

31  1006.39.


                                 302

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (10)  INSTRUCTIONAL MATERIALS.--District school boards

 2  may dispose of instructional materials when they become

 3  unserviceable or surplus or are no longer on state contract by

 4  giving them to a private school in accordance with the

 5  provisions of s. 1006.41.

 6         (11)  DIAGNOSTIC AND RESOURCE CENTERS.--Diagnostic and

 7  resource centers may provide testing and evaluation services

 8  to private school students in accordance with the provisions

 9  of s. 1006.03(3).

10         (12)  EXCEPTIONAL EDUCATION SERVICES.--District school

11  boards may provide instruction for an appropriate program of

12  special instruction, facilities, and services for exceptional

13  students through contractual arrangements with approved

14  private schools in accordance with the provisions of s.

15  1003.57.

16         (13)  PROFESSIONAL DEVELOPMENT SYSTEM.--An organization

17  of private schools that has no fewer than 10 member schools in

18  this state may develop a professional development system to be

19  filed with the Department of Education in accordance with the

20  provisions of s. 1012.98(7).

21         (14)  BUS DRIVER TRAINING.--Private school bus drivers

22  may participate in a district school board's bus driver

23  training program, if the district school board makes the

24  program available pursuant to s. 1006.26.

25         (15)  POOL PURCHASE OF SCHOOL BUSES.--

26         (a)  Florida private schools that demonstrate a

27  racially nondiscriminatory student admission policy may

28  purchase school buses from the state pool purchase program as

29  authorized in s. 1006.27(1), if the private school meets the

30  following conditions:

31  


                                 303

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         1.  Students in one or more grades, kindergarten

 2  through grade 12, are provided an education program by the

 3  school and the school has submitted the information required

 4  pursuant to this section and the most recent school survey

 5  required in subsection (2).

 6         2.  All conditions of the contracts for purchasing

 7  school buses between the Department of Education and the

 8  companies involved, including bus specifications, ordering

 9  deadlines, delivery period and procedures, and payment

10  requirements, shall be met.

11         3.  Purchase orders shall be made out to the

12  appropriate company or companies involved and shall be

13  accompanied by a certified check in the amount of 25 percent

14  of the total cost of the bus or buses as a good faith deposit

15  that the bus or buses will be purchased.

16         4.  The remainder of the total cost shall be paid upon

17  delivery of the bus or buses to the representative of the

18  private school receiving the bus or buses, or shall be paid

19  when the company informs the purchaser that the buses are

20  ready for delivery if the purchaser has specified that buses

21  are to be picked up at the company's location.  If the chassis

22  and the body are purchased from different companies, the

23  remainder of the chassis' total cost shall be payable upon

24  delivery of the chassis to the body manufacturer.

25         5.  If the private school does not meet the obligation

26  stated in subparagraph 4. within 30 calendar days after notice

27  that the bus is ready for delivery or that the chassis has

28  been delivered to the body manufacturer, the selling company

29  may retain 15 percent of the amount being held by the company

30  as a good faith deposit, and all obligations to the private

31  school may be canceled.  When the 15 percent is retained, the


                                 304

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  company shall return 10 percent of the good faith deposit to

 2  the nonpublic school within 15 days of cancellation of the

 3  companies' objection.

 4         (b)  Any bus purchased under this section may not be

 5  sold, if still titled as a motor vehicle, within 5 calendar

 6  years of the date of the initial Florida title being issued,

 7  unless the following conditions are met:

 8         1.  The bus or buses may be sold only to a Florida

 9  public school district or Florida private school.  Any such

10  sale during the first 5 years shall be documented to the

11  Department of Education within 15 days after the sale.

12         2.  The bus or buses shall be advertised by the private

13  school in one major newspaper located in each of the five

14  regions of the state for 3 consecutive days and a copy of the

15  advertisement and the name of each newspaper shall be sent to

16  the Department of Education before the first day of

17  advertising the bus or buses for sale.

18         3.  The bus may not be sold at a profit.  The bus shall

19  be depreciated at a rate of 10 percent per calendar year, with

20  the first year starting on the date of issue of the initial

21  title in this state.

22         4.  Notwithstanding any other provisions of law and

23  rule regarding purchase of used school buses, the bus may be

24  sold to a public school district if the conditions of

25  subparagraph 3. are met.

26         5.  Any public school district or private school

27  purchasing a bus under the conditions of this subsection must

28  accept the obligations of this subsection, and such shall be

29  entered in the sales contract.

30         (c)  Any private school, including the owner or

31  corporation purchasing a bus or buses under the conditions of


                                 305

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  this section, that does not comply with all the conditions of

 2  this section shall not be eligible for future purchases of a

 3  school bus under this section.

 4         (d)  Any private school interested in purchasing a bus

 5  under this section shall notify, in writing, the Department of

 6  Education.  The Department of Education shall send the school

 7  the appropriate forms, instructions, and price quotations.

 8         (e)  Notwithstanding any other provisions of this

 9  section, no school bus manufacturer, distributor, or dealer

10  shall be required to violate any dealer contract or franchise

11  agreement entered into before the effective date of this

12  section regarding the sale of its buses.

13         (f)  The State Board of Education may adopt rules

14  pursuant to ss. 120.536 and 120.54 necessary to implement this

15  section, maintain the integrity of the school bus pool

16  purchase program, and ensure the best and lowest price for

17  purchasing school buses by the public school districts.

18         Section 108.  Section 1002.43, Florida Statutes, is

19  created to read:

20         1002.43  Private tutoring programs.--

21         (1)  Regular attendance as defined in s. 1003.01(14)

22  may be achieved by attendance in a private tutoring program if

23  the person tutoring the student meets the following

24  requirements:

25         (a)  Holds a valid Florida certificate to teach the

26  subjects or grades in which instruction is given.

27         (b)  Keeps all records and makes all reports required

28  by the state and district school board and makes regular

29  reports on the attendance of students in accordance with the

30  provisions of s. 1003.23(2).

31  


                                 306

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (c)  Requires students to be in actual attendance for

 2  the minimum length of time prescribed by s. 1011.60(2).

 3         (2)  Private tutors shall keep and prepare records in

 4  accordance with the provisions of s. 1003.23(2).

 5         Section 109.  Chapter 1003, Florida Statutes, shall be

 6  entitled "Public K-12 Education" and shall consist of ss.

 7  1003.01-1003.63.

 8         Section 110.  Part I of chapter 1003, Florida Statutes,

 9  shall be entitled "General Provisions" and shall consist of

10  ss. 1003.01-1003.04.

11         Section 111.  Section 1003.01, Florida Statutes, is

12  created to read:

13         1003.01  Definitions.--As used in this chapter, the

14  term:

15         (1)  "District school board" means the members who are

16  elected by the voters of a school district created and

17  existing pursuant to s. 4, Art. IX of the State Constitution

18  to operate and control public K-12 education within the school

19  district.

20         (2)  "School" means an organization of students for

21  instructional purposes on an elementary, middle or junior high

22  school, secondary or high school, or other public school level

23  authorized under rules of the State Board of Education.

24         (3)(a)  "Exceptional student" means any student who has

25  been determined eligible for a special program in accordance

26  with rules of the State Board of Education. The term includes

27  students who are gifted and students with disabilities who are

28  mentally handicapped, speech and language impaired, deaf or

29  hard of hearing, visually impaired, dual sensory impaired,

30  physically impaired, emotionally handicapped, specific

31  learning disabled, hospital and homebound, autistic,


                                 307

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  developmentally delayed children, ages birth through 5 years,

 2  or children, ages birth through 2 years, with established

 3  conditions that are identified in State Board of Education

 4  rules pursuant to s. 1003.21(1)(e).

 5         (b)  "Special education services" means specially

 6  designed instruction and such related services as are

 7  necessary for an exceptional student to benefit from

 8  education. Such services may include: transportation;

 9  diagnostic and evaluation services; social services; physical

10  and occupational therapy; job placement; orientation and

11  mobility training; braillists, typists, and readers for the

12  blind; interpreters and auditory amplification; rehabilitation

13  counseling; transition services; mental health services;

14  guidance and career counseling; specified materials, assistive

15  technology devices, and other specialized equipment; and other

16  such services as approved by rules of the state board.

17         (4)  "Career and technical education" means education

18  that provides instruction for the following purposes:

19         (a)  At the elementary, middle, and secondary school

20  levels, exploratory courses designed to give students initial

21  exposure to a broad range of occupations to assist them in

22  preparing their academic and occupational plans, and practical

23  arts courses that provide generic skills that may apply to

24  many occupations but are not designed to prepare students for

25  entry into a specific occupation. Career and technical

26  education provided before high school completion must be

27  designed to enhance both occupational and academic skills

28  through integration with academic instruction.

29         (b)  At the secondary school level, job-preparatory

30  instruction in the competencies that prepare students for

31  effective entry into an occupation, including diversified


                                 308

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  cooperative education, work experience, and job-entry programs

 2  that coordinate directed study and on-the-job training.

 3         (c)  At the postsecondary education level, courses of

 4  study that provide competencies needed for entry into specific

 5  occupations or for advancement within an occupation.

 6         (5)(a)  "Suspension," also referred to as out-of-school

 7  suspension, means the temporary removal of a student from all

 8  classes of instruction on public school grounds and all other

 9  school-sponsored activities, except as authorized by the

10  principal or the principal's designee, for a period not to

11  exceed 10 school days and remanding of the student to the

12  custody of the student's parent with specific homework

13  assignments for the student to complete.

14         (b)  "In-school suspension" means the temporary removal

15  of a student from the student's regular school program and

16  placement in an alternative program, such as that provided in

17  s. 1003.53, under the supervision of district school board

18  personnel, for a period not to exceed 10 school days.

19         (6)  "Expulsion" means the removal of the right and

20  obligation of a student to attend a public school under

21  conditions set by the district school board, and for a period

22  of time not to exceed the remainder of the term or school year

23  and 1 additional year of attendance. Expulsions may be imposed

24  with or without continuing educational services and shall be

25  reported accordingly.

26         (7)  "Corporal punishment" means the moderate use of

27  physical force or physical contact by a teacher or principal

28  as may be necessary to maintain discipline or to enforce

29  school rule. However, the term "corporal punishment" does not

30  include the use of such reasonable force by a teacher or

31  


                                 309

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  principal as may be necessary for self-protection or to

 2  protect other students from disruptive students.

 3         (8)  "Habitual truant" means a student who has 15

 4  unexcused absences within 90 calendar days with or without the

 5  knowledge or consent of the student's parent, is subject to

 6  compulsory school attendance under s. 1003.21(1) and (2)(a),

 7  and is not exempt under s. 1003.21(3) or s. 1003.24, or by

 8  meeting the criteria for any other exemption specified by law

 9  or rules of the State Board of Education. Such a student must

10  have been the subject of the activities specified in ss.

11  1003.26 and 1003.27(3), without resultant successful

12  remediation of the truancy problem before being dealt with as

13  a child in need of services according to the provisions of

14  chapter 984.

15         (9)  "Dropout" means a student who meets any one or

16  more of the following criteria:

17         (a)  The student has voluntarily removed himself or

18  herself from the school system before graduation for reasons

19  that include, but are not limited to, marriage, or the student

20  has withdrawn from school because he or she has failed the

21  statewide student assessment test and thereby does not receive

22  any of the certificates of completion;

23         (b)  The student has not met the relevant attendance

24  requirements of the school district pursuant to State Board of

25  Education rules, or the student was expected to attend a

26  school but did not enter as expected for unknown reasons, or

27  the student's whereabouts are unknown;

28         (c)  The student has withdrawn from school, but has not

29  transferred to another public or private school or enrolled in

30  any career and technical, adult, home education, or

31  alternative educational program;


                                 310

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (d)  The student has withdrawn from school due to

 2  hardship, unless such withdrawal has been granted under the

 3  provisions of s. 322.091, court action, expulsion, medical

 4  reasons, or pregnancy; or

 5         (e)  The student is not eligible to attend school

 6  because of reaching the maximum age for an exceptional student

 7  program in accordance with the district's policy.

 8  

 9  The State Board of Education may adopt rules to implement the

10  provisions of this subsection.

11         (10)  "Alternative measures for students with special

12  needs" or "special programs" means measures designed to meet

13  the special needs of a student that cannot be met by regular

14  school curricula.

15         (11)(a)  "Juvenile justice education programs or

16  schools" means programs or schools operating for the purpose

17  of providing educational services to youth in Department of

18  Juvenile Justice programs, for a school year comprised of 250

19  days of instruction distributed over 12 months. At the request

20  of the provider, a district school board may decrease the

21  minimum number of days of instruction by up to 10 days for

22  teacher planning for residential programs and up to 20 days

23  for teacher planning for nonresidential programs, subject to

24  the approval of the Department of Juvenile Justice and the

25  Department of Education.

26         (b)  "Juvenile justice provider" means the Department

27  of Juvenile Justice or a private, public, or other

28  governmental organization under contract with the Department

29  of Juvenile Justice that provides treatment, care and custody,

30  or educational programs for youth in juvenile justice

31  intervention, detention, or commitment programs.


                                 311

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (12)  "Homeless child" means:

 2         (a)  One who lacks a fixed, regular nighttime

 3  residence;

 4         (b)  One who has a primary nighttime residence that is:

 5         1.  A supervised publicly or privately operated shelter

 6  designed to provide temporary living accommodations, including

 7  welfare hotels, congregate shelters, and transitional housing

 8  for the mentally ill;

 9         2.  An institution that provides a temporary residence

10  for individuals intended to be institutionalized; or

11         3.  A public or private place not designed for, or

12  ordinarily used as, a regular sleeping accommodation for human

13  beings; or

14         (c)  One who temporarily resides with an adult other

15  than his or her parent because the parent is suffering

16  financial hardship.

17  

18  A child who is imprisoned, detained, or in the custody of the

19  state pursuant to a state or federal law is not a homeless

20  child.

21         (13)  "Regular school attendance" means the actual

22  attendance of a student during the school day as defined by

23  law and rules of the State Board of Education. Regular

24  attendance within the intent of s. 1003.21 may be achieved by

25  attendance in:

26         (a)  A public school supported by public funds;

27         (b)  A parochial, religious, or denominational school;

28         (c)  A private school supported in whole or in part by

29  tuition charges or by endowments or gifts;

30         (d)  A home education program that meets the

31  requirements of chapter 1002; or


                                 312

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (e)  A private tutoring program that meets the

 2  requirements of chapter 1002.

 3         Section 112.  Section 1003.02, Florida Statutes, is

 4  created to read:

 5         1003.02  District school board operation and control of

 6  public K-12 education within the school district.--As provided

 7  in part II of chapter 1001, district school boards are

 8  constitutionally and statutorily charged with the operation

 9  and control of public K-12 education within their school

10  district. The district school boards must establish, organize,

11  and operate their public K-12 schools and educational

12  programs, employees, and facilities. Their responsibilities

13  include staff development, public K-12 school student

14  education including education for exceptional students and

15  students in juvenile justice programs, special programs, adult

16  education programs, and career and technical education

17  programs. Additionally, district school boards must:

18         (1)  Provide for the proper accounting for all students

19  of school age, for the attendance and control of students at

20  school, and for proper attention to health, safety, and other

21  matters relating to the welfare of students in the following

22  fields:

23         (a)  Admission, classification, promotion, and

24  graduation of students.--Adopt rules for admitting,

25  classifying, promoting, and graduating students to or from the

26  various schools of the district.

27         (b)  Enforcement of attendance laws.--Provide for the

28  enforcement of all laws and rules relating to the attendance

29  of students at school.

30         (c)  Control of students.--

31  


                                 313

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         1.  Adopt rules for the control, attendance,

 2  discipline, in-school suspension, suspension, and expulsion of

 3  students and decide all cases recommended for expulsion.

 4         2.  Maintain a code of student conduct as provided in

 5  chapter 1006.

 6         (d)  Courses of study and instructional materials.--

 7         1.  Provide adequate instructional materials for all

 8  students as follows and in accordance with the requirements of

 9  chapter 1006, in the core courses of mathematics, language

10  arts, social studies, science, reading, and literature, except

11  for instruction for which the school advisory council approves

12  the use of a program that does not include a textbook as a

13  major tool of instruction.

14         2.  Adopt courses of study for use in the schools of

15  the district.

16         3.  Provide for proper requisitioning, distribution,

17  accounting, storage, care, and use of all instructional

18  materials as may be needed, and ensure that instructional

19  materials used in the district are consistent with the

20  district goals and objectives and the curriculum frameworks

21  approved by the State Board of Education, as well as with the

22  state and school district performance standards required by

23  law and state board rule.

24         (e)  Transportation.--Make provision for the

25  transportation of students to the public schools or school

26  activities they are required or expected to attend,

27  efficiently and economically, in accordance with the

28  requirements of chapter 1006.

29         (f)  Facilities and school plant.--

30         1.  Approve and adopt a districtwide school facilities

31  program, in accordance with the requirements of chapter 1013.


                                 314

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         2.  Approve plans for locating, planning, constructing,

 2  sanitating, insuring, maintaining, protecting, and condemning

 3  school property as prescribed in chapter 1013.

 4         3.  Approve and adopt a districtwide school building

 5  program.

 6         4.  Select and purchase school sites, playgrounds, and

 7  recreational areas located at centers at which schools are to

 8  be constructed, of adequate size to meet the needs of

 9  projected students to be accommodated.

10         5.  Approve the proposed purchase of any site,

11  playground, or recreational area for which school district

12  funds are to be used.

13         6.  Expand existing sites.

14         7.  Rent buildings when necessary.

15         8.  Enter into leases or lease-purchase arrangements,

16  in accordance with the requirements and conditions provided in

17  s. 1013.15(2).

18         9.  Provide for the proper supervision of construction.

19         10.  Make or contract for additions, alterations, and

20  repairs on buildings and other school properties.

21         11.  Ensure that all plans and specifications for

22  buildings provide adequately for the safety and well-being of

23  students, as well as for economy of construction.

24         12.  Provide adequately for the proper maintenance and

25  upkeep of school plants.

26         13.  Carry insurance on every school building in all

27  school plants including contents, boilers, and machinery,

28  except buildings of three classrooms or less which are of

29  frame construction and located in a tenth class public

30  protection zone as defined by the Florida Inspection and

31  Rating Bureau, and on all school buses and other property


                                 315

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  under the control of the district school board or title to

 2  which is vested in the district school board, except as

 3  exceptions may be authorized under rules of the State Board of

 4  Education.

 5         14.  Condemn and prohibit the use for public school

 6  purposes of any building under the control of the district

 7  school board.

 8         (g)  School operation.--

 9         1.  Provide for the operation of all public schools as

10  free schools for a term of at least 180 days or the equivalent

11  on an hourly basis as specified by rules of the State Board of

12  Education; determine district school funds necessary in

13  addition to state funds to operate all schools for the minimum

14  term; and arrange for the levying of district school taxes

15  necessary to provide the amount needed from district sources.

16         2.  Prepare, adopt, and timely submit to the Department

17  of Education, as required by law and by rules of the State

18  Board of Education, the annual school budget, so as to promote

19  the improvement of the district school system.

20         (h)  Records and reports.--

21         1.  Keep all necessary records and make all needed and

22  required reports, as required by law or by rules of the State

23  Board of Education.

24         2.  At regular intervals require reports to be made by

25  principals or teachers in all public schools to the parents of

26  the students enrolled and in attendance at their schools,

27  apprising them of the academic and other progress being made

28  by the student and giving other useful information.

29         (2)  Require that all laws, all rules of the State

30  Board of Education, and all rules of the district school board

31  are properly enforced.


                                 316

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (3)  Maintain a system of school improvement and

 2  education accountability as required by law and State Board of

 3  Education rule, including but not limited to the requirements

 4  of chapter 1008.

 5         (4)  For any school within the district that is not in

 6  compliance with the small school size requirements of chapter

 7  1013, in order to reduce the anonymity of students in large

 8  schools, adopt policies that encourage subdivision of the

 9  school into schools-within-a-school, which shall operate

10  within existing resources. A "school-within-a-school" means an

11  operational program that uses flexible scheduling, team

12  planning, and curricular and instructional innovation to

13  organize groups of students with groups of teachers as smaller

14  units, so as to functionally operate as a smaller school.

15  Examples of this include, but are not limited to:

16         (a)  An organizational arrangement assigning both

17  students and teachers to smaller units in which the students

18  take some or all of their coursework with their fellow grouped

19  students and from the teachers assigned to the smaller unit. A

20  unit may be grouped together for 1 year or on a vertical,

21  multiyear basis.

22         (b)  An organizational arrangement similar to that

23  described in paragraph (a) with additional variations in

24  instruction and curriculum.  The smaller unit usually seeks to

25  maintain a program different from that of the larger school,

26  or of other smaller units. It may be vertically organized, but

27  is dependent upon the school principal for its existence,

28  budget, and staff.

29         (c)  A separate and autonomous smaller unit formally

30  authorized by the district school board or district school

31  superintendent. The smaller unit plans and runs its own


                                 317

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  program, has its own staff and students, and receives its own

 2  separate budget. The smaller unit must negotiate the use of

 3  common space with the larger school and defer to the building

 4  principal on matters of safety and building operation.

 5         Section 113.  Section 1003.03, Florida Statutes, is

 6  created to read:

 7         1003.03  Maximum class size goals.--It is the goal of

 8  the Legislature and each district school board that each

 9  elementary school in the school district beginning with

10  kindergarten through grade three class sizes not exceed 20

11  students, with a ratio of one full-time equivalent teacher per

12  20 students; except that only in the case of "D" and "F"

13  schools as identified by the commissioner, the goal in

14  kindergarten through grade three shall be a ratio of one

15  full-time equivalent teacher per 15 students. For purposes of

16  any funding in the General Appropriations Act to meet these

17  goals, the district school board shall give priority to

18  identified "D" and "F" schools in the school district. Second

19  priority for the use of any funds designated for meeting these

20  goals shall be for kindergarten through grade one. Third

21  priority for the use of any funds designated for meeting these

22  goals shall be for grades two and three.

23         Section 114.  Section 1003.04, Florida Statutes, is

24  created to read:

25         1003.04  Student conduct and parental involvement

26  goals.--

27         (1)  It is the goal of the Legislature and each

28  district school board that each public K-12 student remain in

29  attendance throughout the school year, unless excused by the

30  school for illness or other good cause, and comply fully with

31  the school's code of conduct.


                                 318

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (2)  It is the goal of the Legislature and each

 2  district school board that the parent of each public K-12

 3  student comply with the school's reasonable and

 4  time-acceptable parental involvement requests.

 5         Section 115.  Part II of chapter 1003, Florida

 6  Statutes, shall be entitled "School Attendance" and shall

 7  consist of ss. 1003.21-1003.29.

 8         Section 116.  Section 1003.21, Florida Statutes, is

 9  created to read:

10         1003.21  School attendance.--

11         (1)(a)1.  All children who have attained the age of 6

12  years or who will have attained the age of 6 years by February

13  1 of any school year or who are older than 6 years of age but

14  who have not attained the age of 16 years, except as otherwise

15  provided, are required to attend school regularly during the

16  entire school term.

17         2.  Children who will have attained the age of 5 years

18  on or before September 1 of the school year are eligible for

19  admission to public kindergartens during that school year

20  under rules adopted by the district school board.

21         (b)  Any child who has attained the age of 6 years on

22  or before September 1 of the school year and who has been

23  enrolled in a public school or who has attained the age of 6

24  years on or before September 1 and has satisfactorily

25  completed the requirements for kindergarten in a private

26  school from which the district school board accepts transfer

27  of academic credit, or who otherwise meets the criteria for

28  admission or transfer in a manner similar to that applicable

29  to other grades, shall progress according to the district's

30  student progression plan. However, nothing in this section

31  shall authorize the state or any school district to oversee or


                                 319

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  exercise control over the curricula or academic programs of

 2  private schools or home education programs.

 3         (c)  A student who attains the age of 16 years during

 4  the school year is not subject to compulsory school attendance

 5  beyond the date upon which he or she attains that age if the

 6  student files a formal declaration of intent to terminate

 7  school enrollment with the district school board. The

 8  declaration must acknowledge that terminating school

 9  enrollment is likely to reduce the student's earning potential

10  and must be signed by the student and the student's parent.

11  The school district must notify the student's parent of

12  receipt of the student's declaration of intent to terminate

13  school enrollment.

14         (d)  Students who become or have become married and

15  students who are pregnant shall not be prohibited from

16  attending school. These students and students who are parents

17  shall receive the same educational instruction or its

18  equivalent as other students, but may voluntarily be assigned

19  to a class or program suited to their special needs.

20  Consistent with s. 1003.54, pregnant or parenting teens may

21  participate in a teenage parent program. Pregnant students may

22  attend alternative education programs or adult education

23  programs, provided that the curriculum allows the student to

24  continue to work toward a high school diploma.

25         (e)  Consistent with rules adopted by the State Board

26  of Education, children with disabilities who have attained the

27  age of 3 years shall be eligible for admission to public

28  special education programs and for related services under

29  rules adopted by the district school board. Exceptional

30  children who are deaf or hard of hearing, visually impaired,

31  dual sensory impaired, severely physically handicapped,


                                 320

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  trainable mentally handicapped, or profoundly handicapped, or

 2  who have established conditions, or exhibit developmental

 3  delays, below age 3 may be eligible for special programs; or,

 4  if enrolled in other school readiness programs, they may be

 5  eligible for supplemental instruction. Rules for the

 6  identification of established conditions for children birth

 7  through 2 years of age and developmental delays for children

 8  birth through 5 years of age must be adopted by the State

 9  Board of Education.

10         (f)  Homeless children, as defined in s. 1003.01, must

11  have access to a free public education and must be admitted to

12  school in the school district in which they or their families

13  live. School districts shall assist homeless children to meet

14  the requirements of subsection (4) and s. 1003.22, as well as

15  local requirements for documentation.

16         (2)(a)  The State Board of Education may adopt rules

17  under which students not meeting the entrance age may be

18  transferred from another state if their parents have been

19  legal residents of that state.

20         (b)  Each district school board, in accordance with

21  rules of the State Board of Education, shall adopt a policy

22  that authorizes a parent to request and be granted permission

23  for absence of a student from school for religious instruction

24  or religious holidays.

25         (3)  The district school superintendent may authorize

26  certificates of exemptions from school attendance requirements

27  in certain situations. Students within the compulsory

28  attendance age limits who hold valid certificates of exemption

29  that have been issued by the superintendent shall be exempt

30  from attending school. A certificate of exemption shall cease

31  


                                 321

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  to be valid at the end of the school year in which it is

 2  issued.

 3         (4)  Before admitting a child to kindergarten, the

 4  principal shall require evidence that the child has attained

 5  the age at which he or she should be admitted in accordance

 6  with the provisions of subparagraph (1)(a)2. The district

 7  school superintendent may require evidence of the age of any

 8  child whom he or she believes to be within the limits of

 9  compulsory attendance as provided for by law.  If the first

10  prescribed evidence is not available, the next evidence

11  obtainable in the order set forth below shall be accepted:

12         (a)  A duly attested transcript of the child's birth

13  record filed according to law with a public officer charged

14  with the duty of recording births;

15         (b)  A duly attested transcript of a certificate of

16  baptism showing the date of birth and place of baptism of the

17  child, accompanied by an affidavit sworn to by the parent;

18         (c)  An insurance policy on the child's life that has

19  been in force for at least 2 years;

20         (d)  A bona fide contemporary religious record of the

21  child's birth accompanied by an affidavit sworn to by the

22  parent;

23         (e)  A passport or certificate of arrival in the United

24  States showing the age of the child;

25         (f)  A transcript of record of age shown in the child's

26  school record of at least 4 years prior to application,

27  stating date of birth; or

28         (g)  If none of these evidences can be produced, an

29  affidavit of age sworn to by the parent, accompanied by a

30  certificate of age signed by a public health officer or by a

31  public school physician, or, if neither of these is available


                                 322

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  in the county, by a licensed practicing physician designated

 2  by the district school board, which certificate states that

 3  the health officer or physician has examined the child and

 4  believes that the age as stated in the affidavit is

 5  substantially correct. A homeless child, as defined in s.

 6  1003.01, shall be given temporary exemption from this section

 7  for 30 school days.

 8         Section 117.  Section 1003.22, Florida Statutes, is

 9  created to read:

10         1003.22  School-entry health examinations; immunization

11  against communicable diseases; exemptions; duties of

12  Department of Health.--

13         (1)  Each district school board and the governing

14  authority of each private school shall require that each child

15  who is entitled to admittance to kindergarten, or is entitled

16  to any other initial entrance into a public or private school

17  in this state, present a certification of a school-entry

18  health examination performed within 1 year prior to enrollment

19  in school.  Each district school board, and the governing

20  authority of each private school, may establish a policy that

21  permits a student up to 30 school days to present a

22  certification of a school-entry health examination.  A

23  homeless child, as defined in s. 1003.01, shall be given a

24  temporary exemption for 30 school days. Any district school

25  board that establishes such a policy shall include provisions

26  in its local school health services plan to assist students in

27  obtaining the health examinations. However, any child shall be

28  exempt from the requirement of a health examination upon

29  written request of the parent of the child stating objections

30  to the examination on religious grounds.

31  


                                 323

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (2)  The State Board of Education, subject to the

 2  concurrence of the Department of Health, shall adopt rules to

 3  govern medical examinations and immunizations performed under

 4  this section.

 5         (3)  The Department of Health may adopt rules necessary

 6  to administer and enforce this section. The Department of

 7  Health, after consultation with the Department of Education,

 8  shall adopt rules governing the immunization of children

 9  against, the testing for, and the control of preventable

10  communicable diseases. The rules must include procedures for

11  exempting a child from immunization requirements.

12  Immunizations shall be required for poliomyelitis, diphtheria,

13  rubeola, rubella, pertussis, mumps, tetanus, and other

14  communicable diseases as determined by rules of the Department

15  of Health.  The manner and frequency of administration of the

16  immunization or testing shall conform to recognized standards

17  of medical practice.  The Department of Health shall supervise

18  and secure the enforcement of the required immunization.

19  Immunizations required by this section shall be available at

20  no cost from the county health departments.

21         (4)  Each district school board and the governing

22  authority of each private school shall establish and enforce

23  as policy that, prior to admittance to or attendance in a

24  public or private school, grades kindergarten through 12, each

25  child present or have on file with the school a certification

26  of immunization for the prevention of those communicable

27  diseases for which immunization is required by the Department

28  of Health and further shall provide for appropriate screening

29  of its students for scoliosis at the proper age. Such

30  certification shall be made on forms approved and provided by

31  the Department of Health and shall become a part of each


                                 324

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  student's permanent record, to be transferred when the student

 2  transfers, is promoted, or changes schools. The transfer of

 3  such immunization certification by Florida public schools

 4  shall be accomplished using the Florida Automated System for

 5  Transferring Education Records and shall be deemed to meet the

 6  requirements of this section.

 7         (5)  The provisions of this section shall not apply if:

 8         (a)  The parent of the child objects in writing that

 9  the administration of immunizing agents conflicts with his or

10  her religious tenets or practices;

11         (b)  A physician licensed under the provisions of

12  chapter 458 or chapter 459 certifies in writing, on a form

13  approved and provided by the Department of Health, that the

14  child should be permanently exempt from the required

15  immunization for medical reasons stated in writing, based upon

16  valid clinical reasoning or evidence, demonstrating the need

17  for the permanent exemption;

18         (c)  A physician licensed under the provisions of

19  chapter 458, chapter 459, or chapter 460 certifies in writing,

20  on a form approved and provided by the Department of Health,

21  that the child has received as many immunizations as are

22  medically indicated at the time and is in the process of

23  completing necessary immunizations;

24         (d)  The Department of Health determines that,

25  according to recognized standards of medical practice, any

26  required immunization is unnecessary or hazardous; or

27         (e)  An authorized school official issues a temporary

28  exemption, for a period not to exceed 30 school days, to

29  permit a student who transfers into a new county to attend

30  class until his or her records can be obtained. A homeless

31  child, as defined in s. 1003.01, shall be given a temporary


                                 325

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  exemption for 30 school days. The public school health nurse

 2  or authorized private school official is responsible for

 3  followup of each such student until proper documentation or

 4  immunizations are obtained. An exemption for 30 days may be

 5  issued for a student who enters a juvenile justice program to

 6  permit the student to attend class until his or her records

 7  can be obtained or until the immunizations can be obtained. An

 8  authorized juvenile justice official is responsible for

 9  followup of each student who enters a juvenile justice program

10  until proper documentation or immunizations are obtained.

11         (6)(a)  No person licensed by this state as a physician

12  or nurse shall be liable for any injury caused by his or her

13  action or failure to act in the administration of a vaccine or

14  other immunizing agent pursuant to the provisions of this

15  section if the person acts as a reasonably prudent person with

16  similar professional training would have acted under the same

17  or similar circumstances.

18         (b)  No member of a district school board, or any of

19  its employees, or member of a governing board of a private

20  school, or any of its employees, shall be liable for any

21  injury caused by the administration of a vaccine to any

22  student who is required to be so immunized or for a failure to

23  diagnose scoliosis pursuant to the provisions of this section.

24         (7)  The parents of any child admitted to or in

25  attendance at a Florida public or private school, grades

26  kindergarten through 12, are responsible for assuring that the

27  child is in compliance with the provisions of this section.

28         (8)  Each public school, including public kindergarten,

29  and each private school, including private kindergarten, shall

30  be required to provide to the county health department

31  director or administrator annual reports of compliance with


                                 326

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the provisions of this section. Reports shall be completed on

 2  forms provided by the Department of Health for each

 3  kindergarten, and other grade as specified; and the reports

 4  shall include the status of children who were admitted at the

 5  beginning of the school year. After consultation with the

 6  Department of Education, the Department of Health shall

 7  establish by administrative rule the dates for submission of

 8  these reports, the grades for which the reports shall be

 9  required, and the forms to be used.

10         (9)  The presence of any of the communicable diseases

11  for which immunization is required by the Department of Health

12  in a Florida public or private school shall permit the county

13  health department director or administrator or the State

14  Health Officer to declare a communicable disease emergency.

15  The declaration of such emergency shall mandate that all

16  students in attendance in the school who are not in compliance

17  with the provisions of this section be identified by the

18  district school board or by the governing authority of the

19  private school; and the school health and immunization records

20  of such children shall be made available to the county health

21  department director or administrator. Those children

22  identified as not being immunized against the disease for

23  which the emergency has been declared shall be temporarily

24  excluded from school by the district school board, or the

25  governing authority of the private school, until such time as

26  is specified by the county health department director or

27  administrator.

28         (10)  Each district school board and the governing

29  authority of each private school shall:

30         (a)  Refuse admittance to any child otherwise entitled

31  to admittance to kindergarten, or any other initial entrance


                                 327

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  into a Florida public or private school, who is not in

 2  compliance with the provisions of subsection (4).

 3         (b)  Temporarily exclude from attendance any student

 4  who is not in compliance with the provisions of subsection

 5  (4).

 6         (11)  The provisions of this section do not apply to

 7  those persons admitted to or attending adult education classes

 8  unless the adult students are under 21 years of age.

 9         Section 118.  Section 1003.23, Florida Statutes, is

10  created to read:

11         1003.23  Attendance records and reports.--

12         (1)  The attendance of all public K-12 school students

13  shall be checked each school day in the manner prescribed by

14  rules of the State Board of Education and recorded in the

15  teacher's register or by some approved system of recording

16  attendance.  Students may be counted in attendance only if

17  they are actually present at school or are away from school on

18  a school day and are engaged in an educational activity which

19  constitutes a part of the school-approved instructional

20  program for the student.

21         (2)  All officials, teachers, and other employees in

22  public, parochial, religious, denominational, and private K-12

23  schools, including private tutors, shall keep all records and

24  shall prepare and submit promptly all reports that may be

25  required by law and by rules of the State Board of Education

26  and district school boards. Such records shall include a

27  register of enrollment and attendance and all persons

28  described above shall make these reports therefrom as may be

29  required by the State Board of Education. The enrollment

30  register shall show the absence or attendance of each student

31  enrolled for each school day of the year in a manner


                                 328

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  prescribed by the State Board of Education. The register shall

 2  be open for the inspection by the designated school

 3  representative or the district school superintendent of the

 4  district in which the school is located. Violation of the

 5  provisions of this section shall be a misdemeanor of the

 6  second degree, punishable as provided by law. This section

 7  shall not apply to home education programs provided in s.

 8  1002.41.

 9         Section 119.  Section 1003.24, Florida Statutes, is

10  created to read:

11         1003.24  Parents responsible for attendance of

12  children; attendance policy.--Each parent of a child within

13  the compulsory attendance age is responsible for the child's

14  school attendance as required by law.  The absence of a

15  student from school is prima facie evidence of a violation of

16  this section; however, criminal prosecution under this chapter

17  may not be brought against a parent until the provisions of s.

18  1003.26 have been complied with. A parent of a student is not

19  responsible for the student's nonattendance at school under

20  any of the following conditions:

21         (1)  WITH PERMISSION.--The absence was with permission

22  of the head of the school;

23         (2)  WITHOUT KNOWLEDGE.--The absence was without the

24  parent's knowledge, consent, or connivance, in which case the

25  student shall be dealt with as a dependent child;

26         (3)  FINANCIAL INABILITY.--The parent was unable

27  financially to provide necessary clothes for the student,

28  which inability was reported in writing to the superintendent

29  prior to the opening of school or immediately after the

30  beginning of such inability, provided that the validity of any

31  claim for exemption under this paragraph shall be determined


                                 329

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  by the district school superintendent subject to appeal to the

 2  district school board; or

 3         (4)  SICKNESS, INJURY, OR OTHER INSURMOUNTABLE

 4  CONDITION.--Attendance was impracticable or inadvisable on

 5  account of sickness or injury, attested to by a written

 6  statement of a licensed practicing physician, or was

 7  impracticable because of some other stated insurmountable

 8  condition as defined by rules of the State Board of Education.

 9  If a student is continually sick and repeatedly absent from

10  school, he or she must be under the supervision of a physician

11  in order to receive an excuse from attendance. Such excuse

12  provides that a student's condition justifies absence for more

13  than the number of days permitted by the district school

14  board.

15  

16  Each district school board shall establish an attendance

17  policy that includes, but is not limited to, the required

18  number of days each school year that a student must be in

19  attendance and the number of absences and tardinesses after

20  which a statement explaining such absences and tardinesses

21  must be on file at the school.  Each school in the district

22  must determine if an absence or tardiness is excused or

23  unexcused according to criteria established by the district

24  school board.

25         Section 120.  Section 1003.25, Florida Statutes, is

26  created to read:

27         1003.25  Procedures for maintenance and transfer of

28  student records.--

29         (1)  Each principal shall maintain a permanent

30  cumulative record for each student enrolled in a public K-12

31  school.  Such record shall be maintained in the form, and


                                 330

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  contain all data, prescribed by rule by the State Board of

 2  Education. The cumulative record is confidential and exempt

 3  from the provisions of s. 119.07(1) and is open to inspection

 4  only as provided in chapter 1002.

 5         (2)  The procedure for transferring and maintaining

 6  records of students who transfer from school to school shall

 7  be prescribed by rules of the State Board of Education.

 8         (3)  Procedures relating to the acceptance of transfer

 9  work and credit for students shall be prescribed by rule by

10  the State Board of Education.

11         Section 121.  Section 1003.26, Florida Statutes, is

12  created to read:

13         1003.26  Enforcement of school attendance.--The

14  Legislature finds that poor academic performance is associated

15  with nonattendance and that schools must take an active role

16  in enforcing attendance as a means of improving the

17  performance of many students. It is the policy of the state

18  that each district school superintendent be responsible for

19  enforcing school attendance of all students subject to the

20  compulsory school age in the school district. The

21  responsibility includes recommending to the district school

22  board policies and procedures to ensure that schools respond

23  in a timely manner to every unexcused absence, or absence for

24  which the reason is unknown, of students enrolled in the

25  schools. District school board policies must require each

26  parent of a student to justify each absence of the student,

27  and that justification will be evaluated based on adopted

28  district school board policies that define excused and

29  unexcused absences. The policies must provide that schools

30  track excused and unexcused absences and contact the home in

31  the case of an unexcused absence from school, or an absence


                                 331

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  from school for which the reason is unknown, to prevent the

 2  development of patterns of nonattendance. The Legislature

 3  finds that early intervention in school attendance matters is

 4  the most effective way of producing good attendance habits

 5  that will lead to improved student learning and achievement.

 6  Each public school shall implement the following steps to

 7  enforce regular school attendance:

 8         (1)  CONTACT, REFER, AND ENFORCE.--

 9         (a)  Upon each unexcused absence, or absence for which

10  the reason is unknown, the school principal or his or her

11  designee shall contact the student's parent to determine the

12  reason for the absence. If the absence is an excused absence,

13  as defined by district school board policy, the school shall

14  provide opportunities for the student to make up assigned work

15  and not receive an academic penalty unless the work is not

16  made up within a reasonable time.

17         (b)  If a student has had at least five unexcused

18  absences, or absences for which the reasons are unknown,

19  within a calendar month or 10 unexcused absences, or absences

20  for which the reasons are unknown, within a 90-calendar-day

21  period, the student's primary teacher shall report to the

22  school principal or his or her designee that the student may

23  be exhibiting a pattern of nonattendance. The principal shall,

24  unless there is clear evidence that the absences are not a

25  pattern of nonattendance, refer the case to the school's child

26  study team to determine if early patterns of truancy are

27  developing. If the child study team finds that a pattern of

28  nonattendance is developing, whether the absences are excused

29  or not, a meeting with the parent must be scheduled to

30  identify potential remedies, and the principal shall notify

31  the district school superintendent and the school district


                                 332

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  contact for home education programs that the referred student

 2  is exhibiting a pattern of nonattendance.

 3         (c)  If an initial meeting does not resolve the

 4  problem, the child study team shall implement interventions

 5  that best address the problem. The interventions may include,

 6  but need not be limited to:

 7         1.  Frequent communication between the teacher and the

 8  family;

 9         2.  Changes in the learning environment;

10         3.  Mentoring;

11         4.  Student counseling;

12         5.  Tutoring, including peer tutoring;

13         6.  Placement into different classes;

14         7.  Evaluation for alternative education programs;

15         8.  Attendance contracts;

16         9.  Referral to other agencies for family services; or

17         10.  Other interventions, including, but not limited

18  to, a truancy petition pursuant to s. 984.151.

19         (d)  The child study team shall be diligent in

20  facilitating intervention services and shall report the case

21  to the district school superintendent only when all reasonable

22  efforts to resolve the nonattendance behavior are exhausted.

23         (e)  If the parent refuses to participate in the

24  remedial strategies because he or she believes that those

25  strategies are unnecessary or inappropriate, the parent may

26  appeal to the district school board. The district school board

27  may provide a hearing officer, and the hearing officer shall

28  make a recommendation for final action to the district school

29  board. If the district school board's final determination is

30  that the strategies of the child study team are appropriate,

31  and the parent still refuses to participate or cooperate, the


                                 333

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  district school superintendent may seek criminal prosecution

 2  for noncompliance with compulsory school attendance.

 3         (f)1.  If the parent of a child who has been identified

 4  as exhibiting a pattern of nonattendance enrolls the child in

 5  a home education program pursuant to chapter 1002, the

 6  district school superintendent shall provide the parent a copy

 7  of s. 1002.41 and the accountability requirements of this

 8  paragraph.  The district school superintendent shall also

 9  refer the parent to a home education review committee composed

10  of the district contact for home education programs and at

11  least two home educators selected by the parent from a

12  district list of all home educators who have conducted a home

13  education program for at least 3 years and who have indicated

14  a willingness to serve on the committee. The home education

15  review committee shall review the portfolio of the student, as

16  defined by s. 1002.41, every 30 days during the district's

17  regular school terms until the committee is satisfied that the

18  home education program is in compliance with s. 1002.41(1)(b).

19  The first portfolio review must occur within the first 30

20  calendar days of the establishment of the program. The

21  provisions of subparagraph 2. do not apply once the committee

22  determines the home education program is in compliance with s.

23  1002.41(1)(b).

24         2.  If the parent fails to provide a portfolio to the

25  committee, the committee shall notify the district school

26  superintendent. The district school superintendent shall then

27  terminate the home education program and require the parent to

28  enroll the child in an attendance option that meets the

29  definition of "regular school attendance" under s.

30  1003.01(13)(a), (b), (c), or (e), within 3 days. Upon

31  termination of a home education program pursuant to this


                                 334

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  subparagraph, the parent shall not be eligible to reenroll the

 2  child in a home education program for 180 calendar days.

 3  Failure of a parent to enroll the child in an attendance

 4  option as required by this subparagraph after termination of

 5  the home education program pursuant to this subparagraph shall

 6  constitute noncompliance with the compulsory attendance

 7  requirements of s. 1003.21 and may result in criminal

 8  prosecution under s. 1003.27(2).  Nothing contained herein

 9  shall restrict the ability of the district school

10  superintendent, or the ability of his or her designee, to

11  review the portfolio pursuant to s. 1002.41(1)(b).

12         (g)  If a student subject to compulsory school

13  attendance will not comply with attempts to enforce school

14  attendance, the parent or the district school superintendent

15  or his or her designee shall refer the case to the case

16  staffing committee pursuant to s. 984.12, and the district

17  school superintendent or his or her designee may file a

18  truancy petition pursuant to the procedures in s. 984.151.

19         (2)  GIVE WRITTEN NOTICE.--

20         (a)  Under the direction of the district school

21  superintendent, a designated school representative shall give

22  written notice that requires enrollment or attendance within 3

23  days after the date of notice, in person or by return-receipt

24  mail, to the parent when no valid reason is found for a

25  student's nonenrollment in school. If the notice and

26  requirement are ignored, the designated school representative

27  shall report the case to the district school superintendent,

28  and may refer the case to the case staffing committee,

29  established pursuant to s. 984.12. The district school

30  superintendent shall take such steps as are necessary to bring

31  criminal prosecution against the parent.


                                 335

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  Subsequent to the activities required under

 2  subsection (1), the district school superintendent or his or

 3  her designee shall give written notice in person or by

 4  return-receipt mail to the parent that criminal prosecution is

 5  being sought for nonattendance. The district school

 6  superintendent may file a truancy petition, as defined in s.

 7  984.03, following the procedures outlined in s. 984.151.

 8         (3)  RETURN STUDENT TO PARENT.--A designated school

 9  representative shall visit the home or place of residence of a

10  student and any other place in which he or she is likely to

11  find any student who is required to attend school when the

12  student is not enrolled or is absent from school during school

13  hours without an excuse, and, when the student is found, shall

14  return the student to his or her parent or to the principal or

15  teacher in charge of the school, or to the private tutor from

16  whom absent, or to the juvenile assessment center or other

17  location established by the district school board to receive

18  students who are absent from school. Upon receipt of the

19  student, the parent shall be immediately notified.

20         (4)  REPORT TO APPROPRIATE AUTHORITY.--A designated

21  school representative shall report to the appropriate

22  authority designated by law to receive such notices, all

23  violations of the Child Labor Law that may come to his or her

24  knowledge.

25         (5)  RIGHT TO INSPECT.--A designated school

26  representative shall have the right of access to, and

27  inspection of, establishments where minors may be employed or

28  detained only for the purpose of ascertaining whether students

29  of compulsory school age are actually employed there and are

30  actually working there regularly. The designated school

31  representative shall, if he or she finds unsatisfactory


                                 336

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  working conditions or violations of the Child Labor Law,

 2  report his or her findings to the appropriate authority.

 3         Section 122.  Section 1003.27, Florida Statutes, is

 4  created to read:

 5         1003.27  Court procedure and penalties.--The court

 6  procedure and penalties for the enforcement of the provisions

 7  of this part, relating to compulsory school attendance, shall

 8  be as follows:

 9         (1)  COURT JURISDICTION.--The circuit court has

10  original and exclusive jurisdiction of all proceedings

11  against, or prosecutions of, students under the provisions of

12  this part. Proceedings against, or prosecutions of, parents or

13  employers as provided by this section shall be in the court of

14  each county having jurisdiction of misdemeanors wherein trial

15  by jury is afforded the defendant.

16         (2)  NONENROLLMENT AND NONATTENDANCE CASES.--

17         (a)  In each case of nonenrollment or of nonattendance

18  upon the part of a student who is required to attend some

19  school, when no valid reason for such nonenrollment or

20  nonattendance is found, the district school superintendent

21  shall institute a criminal prosecution against the student's

22  parent.

23         (b)  Each public school principal or the principal's

24  designee shall notify the district school board of each minor

25  student under its jurisdiction who accumulates 15 unexcused

26  absences in a period of 90 calendar days. Each designee of the

27  governing body of each private school, and each parent whose

28  child is enrolled in a home education program, may provide the

29  Department of Highway Safety and Motor Vehicles with the legal

30  name, sex, date of birth, and social security number of each

31  minor student under his or her jurisdiction who fails to


                                 337

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  satisfy relevant attendance requirements and who fails to

 2  otherwise satisfy the requirements of s. 322.091. The district

 3  school superintendent must provide the Department of Highway

 4  Safety and Motor Vehicles the legal name, sex, date of birth,

 5  and social security number of each minor student who has been

 6  reported under this paragraph and who fails to otherwise

 7  satisfy the requirements of s. 322.091. The Department of

 8  Highway Safety and Motor Vehicles may not issue a driver's

 9  license or learner's driver's license to, and shall suspend

10  any previously issued driver's license or learner's driver's

11  license of, any such minor student, pursuant to the provisions

12  of s. 322.091.

13         (3)  HABITUAL TRUANCY CASES.--The district school

14  superintendent is authorized to file a truancy petition, as

15  defined in s. 984.03, following the procedures outlined in s.

16  984.151. If the district school superintendent chooses not to

17  file a truancy petition, procedures for filing a

18  child-in-need-of-services petition shall be commenced pursuant

19  to this subsection and chapter 984. In accordance with

20  procedures established by the district school board, the

21  designated school representative shall refer a student who is

22  habitually truant and the student's family to the

23  children-in-need-of-services and families-in-need-of-services

24  provider or the case staffing committee, established pursuant

25  to s. 984.12, as determined by the cooperative agreement

26  required in this section.  The case staffing committee may

27  request the Department of Juvenile Justice or its designee to

28  file a child-in-need-of-services petition based upon the

29  report and efforts of the district school board or other

30  community agency or may seek to resolve the truant behavior

31  through the school or community-based organizations or


                                 338

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  agencies. Prior to and subsequent to the filing of a

 2  child-in-need-of-services petition due to habitual truancy,

 3  the appropriate governmental agencies must allow a reasonable

 4  time to complete actions required by this section and s.

 5  1003.26 to remedy the conditions leading to the truant

 6  behavior. Prior to the filing of a petition, the district

 7  school board must have complied with the requirements of s.

 8  1003.26, and those efforts must have been unsuccessful.

 9         (4)  COOPERATIVE AGREEMENTS.--The circuit manager of

10  the Department of Juvenile Justice or the circuit manager's

11  designee, the district administrator of the Department of

12  Children and Family Services or the district administrator's

13  designee, and the district school superintendent or the

14  superintendent's designee must develop a cooperative

15  interagency agreement that:

16         (a)  Clearly defines each department's role,

17  responsibility, and function in working with habitual truants

18  and their families.

19         (b)  Identifies and implements measures to resolve and

20  reduce truant behavior.

21         (c)  Addresses issues of streamlining service delivery,

22  the appropriateness of legal intervention, case management,

23  the role and responsibility of the case staffing committee,

24  student and parental intervention and involvement, and

25  community action plans.

26         (d)  Delineates timeframes for implementation and

27  identifies a mechanism for reporting results by the circuit

28  juvenile justice manager or the circuit manager's designee and

29  the district school superintendent or the superintendent's

30  designee to the Department of Juvenile Justice and the

31  


                                 339

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Department of Education and other governmental entities as

 2  needed.

 3         (e)  Designates which agency is responsible for each of

 4  the intervention steps in this section, to yield more

 5  effective and efficient intervention services.

 6         (5)  ATTENDANCE REGISTER AS EVIDENCE.--The register of

 7  attendance of students at a public, parochial, religious,

 8  denominational, or private school, or of students taught by a

 9  private tutor, kept in compliance with rules of the State

10  Board of Education is prima facie evidence of the facts which

11  it is required to show.  A certified copy of any rule and a

12  statement of the date of its adoption by the State Board of

13  Education is admissible as prima facie evidence of the

14  provisions of the rule and of the date of its adoption.

15         (6)  PROCEEDINGS AND PROSECUTIONS; WHO MAY

16  BEGIN.--Proceedings or prosecutions under this chapter may be

17  commenced by the district school superintendent, by a

18  designated school representative, by the probation officer of

19  the county, by the executive officer of any court of competent

20  jurisdiction, by an officer of any court of competent

21  jurisdiction, or by a duly authorized agent of the Department

22  of Education or the Department of Juvenile Justice. If a

23  proceeding has been commenced against both a parent and a

24  child pursuant to this chapter, the presiding courts shall

25  make every effort to coordinate sanctions against the child

26  and parent, including ordering the child and parent to perform

27  community service hours or attend counseling together.

28         (7)  PENALTIES.--The penalties for refusing or failing

29  to comply with this chapter shall be as follows:

30         (a)  The parent.--

31  


                                 340

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         1.  A parent who refuses or fails to have a minor

 2  student who is under his or her control attend school

 3  regularly, or who refuses or fails to comply with the

 4  requirements in subsection (3), commits a misdemeanor of the

 5  second degree, punishable as provided in s. 775.082 or s.

 6  775.083.

 7         2.  The continued or habitual absence of a minor

 8  student without the consent of the principal or teacher in

 9  charge of the school he or she attends or should attend, or of

10  the tutor who instructs or should instruct him or her, is

11  prima facie evidence of a violation of this chapter; however,

12  a showing that the parent has made a bona fide and diligent

13  effort to control and keep the student in school shall be an

14  affirmative defense to any criminal or other liability under

15  this subsection and the court shall refer the parent and child

16  for counseling, guidance, or other needed services.

17         3.  In addition to any other punishment, the court

18  shall order a parent who has violated this section to send the

19  minor student to school, and may also order the parent to

20  participate in an approved parent training class, attend

21  school with the student unless this would cause undue

22  hardship, perform community service hours at the school, or

23  participate in counseling or other services, as appropriate.

24  If a parent is ordered to attend school with a student, the

25  school shall provide for programming to educate the parent and

26  student on the importance of school attendance. It shall be

27  unlawful to terminate any employee solely because he or she is

28  attending school with his or her child pursuant to a court

29  order.

30         (b)  The principal or teacher.--A principal or teacher

31  in any public, parochial, religious, denominational, or


                                 341

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  private school, or a private tutor who willfully violates any

 2  provision of this chapter may, upon satisfactory proof of such

 3  violation, have his or her certificate revoked by the

 4  Department of Education.

 5         (c)  The employer.--

 6         1.  An employer who fails to notify the district school

 7  superintendent when he or she ceases to employ a student

 8  commits a misdemeanor of the second degree, punishable as

 9  provided in s. 775.082 or s. 775.083.

10         2.  An employer who terminates any employee solely

11  because he or she is attending school with a student pursuant

12  to court order commits a misdemeanor of the second degree,

13  punishable as provided in s. 775.082 or s. 775.083.

14         (d)  The student.--

15         1.  In addition to any other authorized sanctions, the

16  court shall order a student found to be a habitual truant to

17  make up all school work missed and may order the student to

18  pay a civil penalty of up to $2, based on the student's

19  ability to pay, for each day of school missed, perform up to

20  25 community service hours at the school, or participate in

21  counseling or other services, as appropriate.

22         2.  Upon a second or subsequent finding that a student

23  is a habitual truant, the court, in addition to any other

24  authorized sanctions, shall order the student to make up all

25  school work missed and may order the student to pay a civil

26  penalty of up to $5, based on the student's ability to pay,

27  for each day of school missed, perform up to 50 community

28  service hours at the school, or participate in counseling or

29  other services, as appropriate.

30         Section 123.  Section 1003.28, Florida Statutes, is

31  created to read:


                                 342

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         1003.28  Continuation of truancy remedial activities

 2  upon transfer of student; retention of legal jurisdiction.--

 3         (1)  If, during the activities designed to remedy

 4  truant behavior as described in s. 1003.27, the parent of the

 5  student who is the subject of such activities transfers the

 6  student to another school district in this state in an attempt

 7  to circumvent the remedial procedures which have already

 8  begun, the administration of the school from which the student

 9  transferred shall provide to the administration of the new

10  school, at no charge, copies of all available records and

11  documents relevant to such remedial activities, and the

12  administration of the new school shall begin remedial

13  activities in the program that most closely meets the transfer

14  student's needs.

15         (2)  In the event that a legal proceeding has

16  commenced, as provided in s. 1003.27, against a student who

17  has been determined to be a habitual truant, the movement of

18  the student who is the subject of such proceeding to another

19  circuit court district in this state will not affect the

20  jurisdiction of the court to proceed with the case under the

21  law.

22         Section 124.  Section 1003.29, Florida Statutes, is

23  created to read:

24         1003.29  Notice to schools of court action.--If a court

25  takes action that directly involves a student's school,

26  including, but not limited to, an order that a student attend

27  school, attend school with his or her parent, perform at grade

28  level, or perform community service hours at the school, the

29  office of the clerk of the court shall provide notice to the

30  school of the court's action.

31  


                                 343

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 125.  Part III of chapter 1003, Florida

 2  Statutes, shall be entitled "Control of Students" and shall

 3  consist of ss. 1003.31-1003.33.

 4         Section 126.  Section 1003.31, Florida Statutes, is

 5  created to read:

 6         1003.31  Students subject to control of school.--

 7         (1)  Subject to law and rules of the State Board of

 8  Education and of the district school board, each student

 9  enrolled in a school shall:

10         (a)  During the time she or he is being transported to

11  or from school at public expense;

12         (b)  During the time she or he is attending school;

13         (c)  During the time she or he is on the school

14  premises participating with authorization in a

15  school-sponsored activity; and

16         (d)  During a reasonable time before and after the

17  student is on the premises for attendance at school or for

18  authorized participation in a school-sponsored activity, and

19  only when on the premises,

20  

21  be under the control and direction of the principal or teacher

22  in charge of the school, and under the immediate control and

23  direction of the teacher or other member of the instructional

24  staff or of the bus driver to whom such responsibility may be

25  assigned by the principal. However, the State Board of

26  Education or the district school board may, by rules, subject

27  each student to the control and direction of the principal or

28  teacher in charge of the school during the time she or he is

29  otherwise en route to or from school or is presumed by law to

30  be attending school.

31  


                                 344

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (2)  There is a rebuttable presumption that the term

 2  "reasonable time" means 30 minutes before or after the

 3  activity is scheduled or actually begins or ends, whichever

 4  period is longer.  A school or district school board may, by

 5  policy or other formal action, assume a longer period of

 6  supervision.  Casual or incidental contact between school

 7  district personnel and students on school property shall not

 8  result in a legal duty to supervise outside of the reasonable

 9  times set forth in this section, provided that parents shall

10  be advised in writing twice per year or by posted signs of the

11  school's formal supervisory responsibility and that parents

12  should not rely on additional supervision.  The duty of

13  supervision shall not extend to anyone other than students

14  attending school and students authorized to participate in

15  school-sponsored activities.

16         (3)  Nothing shall prohibit a district school board

17  from having the right to expel, or to take disciplinary action

18  against, a student who is found to have committed an offense

19  on school property at any time if:

20         (a)  The student is found to have committed a

21  delinquent act which would be a felony if committed by an

22  adult;

23         (b)  The student has had adjudication withheld for a

24  delinquent act which, if committed by an adult, would be a

25  felony; or

26         (c)  The student has been found guilty of a felony.

27  

28  However, if the student is a student with a disability, the

29  disciplinary action must comply with the procedures set forth

30  in State Board of Education rule.

31  


                                 345

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (4)  Each student enrolled in a school may be required

 2  to take the following school child's daily conduct pledge:

 3         (a)  I will be respectful at all times and obedient

 4  unless asked to do wrong.

 5         (b)  I will not hurt another person with my words or my

 6  acts, because it is wrong to hurt others.

 7         (c)  I will tell the truth, because it is wrong to tell

 8  a lie.

 9         (d)  I will not steal, because it is wrong to take

10  someone else's property.

11         (e)  I will respect my body, and not take drugs.

12         (f)  I will show strength and courage, and not do

13  something wrong, just because others are doing it.

14         (g)  I pledge to be nonviolent and to respect my

15  teachers and fellow classmates.

16         Section 127.  Section 1003.32, Florida Statutes, is

17  created to read:

18         1003.32  Authority of teacher; responsibility for

19  control of students; district school board and principal

20  duties.--Subject to law and to the rules of the district

21  school board, each teacher or other member of the staff of any

22  school shall have such authority for the control and

23  discipline of students as may be assigned to him or her by the

24  principal or the principal's designated representative and

25  shall keep good order in the classroom and in other places in

26  which he or she is assigned to be in charge of students.

27         (1)  Within the framework of the district school

28  board's code of student conduct, teachers and other

29  instructional personnel shall have the authority to undertake

30  any of the following actions in managing student behavior and

31  


                                 346

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  ensuring the safety of all students in their classes and

 2  school:

 3         (a)  Establish classroom rules of conduct.

 4         (b)  Establish and implement consequences, designed to

 5  change behavior, for infractions of classroom rules.

 6         (c)  Have disobedient, disrespectful, violent, abusive,

 7  uncontrollable, or disruptive students temporarily removed

 8  from the classroom for behavior management intervention.

 9         (d)  Have violent, abusive, uncontrollable, or

10  disruptive students directed for information or assistance

11  from appropriate school or district school board personnel.

12         (e)  Assist in enforcing school rules on school

13  property, during school-sponsored transportation, and during

14  school-sponsored activities.

15         (f)  Request and receive information as to the

16  disposition of any referrals to the administration for

17  violation of classroom or school rules.

18         (g)  Request and receive immediate assistance in

19  classroom management if a student becomes uncontrollable or in

20  case of emergency.

21         (h)  Request and receive training and other assistance

22  to improve skills in classroom management, violence

23  prevention, conflict resolution, and related areas.

24         (i)  Press charges if a crime has been committed

25  against the teacher or other instructional personnel on school

26  property, during school-sponsored transportation, or during

27  school-sponsored activities.

28         (j)  Use reasonable force, according to standards

29  adopted by the State Board of Education, to protect himself or

30  herself or others from injury.

31  


                                 347

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (k)  Use corporal punishment according to school board

 2  policy and at least the following procedures, if a teacher

 3  feels that corporal punishment is necessary:

 4         1.  The use of corporal punishment shall be approved in

 5  principle by the principal before it is used, but approval is

 6  not necessary for each specific instance in which it is used.

 7  The principal shall prepare guidelines for administering such

 8  punishment which identify the types of punishable offenses,

 9  the conditions under which the punishment shall be

10  administered, and the specific personnel on the school staff

11  authorized to administer the punishment.

12         2.  A teacher or principal may administer corporal

13  punishment only in the presence of another adult who is

14  informed beforehand, and in the student's presence, of the

15  reason for the punishment.

16         3.  A teacher or principal who has administered

17  punishment shall, upon request, provide the student's parent

18  with a written explanation of the reason for the punishment

19  and the name of the other adult who was present.

20         (2)  Teachers and other instructional personnel shall:

21         (a)  Set and enforce reasonable classroom rules that

22  treat all students equitably.

23         (b)  Seek professional development to improve classroom

24  management skills when data show that they are not effective

25  in handling minor classroom disruptions.

26         (c)  Maintain a positive and effective learning

27  environment that maximizes learning and minimizes disruption.

28         (d)  Work with parents and other school personnel to

29  solve discipline problems in their classrooms.

30         (3)  A teacher may send a student to the principal's

31  office to maintain effective discipline in the classroom. The


                                 348

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  principal shall respond by employing appropriate

 2  discipline-management techniques consistent with the student

 3  code of conduct under s. 1006.07.

 4         (4)  A teacher may remove from class a student whose

 5  behavior the teacher determines interferes with the teacher's

 6  ability to communicate effectively with the students in the

 7  class or with the ability of the student's classmates to

 8  learn.

 9         (5)  If a teacher removes a student from class under

10  subsection (4), the principal may place the student in another

11  appropriate classroom, in in-school suspension, or in a

12  dropout prevention and academic intervention program as

13  provided by s. 1003.53; or the principal may recommend the

14  student for out-of-school suspension or expulsion, as

15  appropriate. The student may be prohibited from attending or

16  participating in school-sponsored or school-related

17  activities. The principal may not return the student to that

18  teacher's class without the teacher's consent unless the

19  committee established under subsection (6) determines that

20  such placement is the best or only available alternative. The

21  teacher and the placement review committee must render

22  decisions within 5 days of the removal of the student from the

23  classroom.

24         (6)  Each school shall establish a committee to

25  determine placement of a student when a teacher withholds

26  consent to the return of a student to the teacher's class.

27  Committee membership must include at least the following:

28         (a)  Two teachers selected by the school's faculty.

29         (b)  One member from the school's staff who is selected

30  by the principal.

31  


                                 349

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  The teacher who withheld consent to readmitting the student

 2  may not serve on the committee. The teacher and the placement

 3  review committee must render decisions within 5 days after the

 4  removal of the student from the classroom.

 5         (7)  Any teacher who removes 25 percent of his or her

 6  total class enrollment shall be required to complete

 7  professional development to improve classroom management

 8  skills.

 9         (8)  When knowledgeable of the likely risk of physical

10  violence in the schools, the district school board shall take

11  reasonable steps to ensure that teachers, other school staff,

12  and students are not at undue risk of violence or harm.

13         Section 128.  Section 1003.33, Florida Statutes, is

14  created to read:

15         1003.33  Report cards; end-of-the-year status.--

16         (1)  Each district school board shall establish and

17  publish policies requiring the content and regular issuance of

18  student report cards for all elementary school, middle school,

19  and high school students.  These report cards must clearly

20  depict and grade:

21         (a)  The student's academic performance in each class

22  or course, which in grades 1 through 12 must be based upon

23  examinations as well as written papers, class participation,

24  and other academic performance criteria.

25         (b)  The student's conduct and behavior.

26         (c)  The student's attendance, including absences and

27  tardiness.

28         (2)  A student's final report card for a school year

29  shall contain a statement indicating end-of-the-year status

30  regarding performance or nonperformance at grade level,

31  


                                 350

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  acceptable or unacceptable behavior and attendance, and

 2  promotion or nonpromotion.

 3  

 4  District school boards shall not allow schools to exempt

 5  students from academic performance requirements based on

 6  practices or policies designed to encourage student

 7  attendance. A student's attendance record may not be used in

 8  whole or in part to provide an exemption from any academic

 9  performance requirement.

10         Section 129.  Part IV of chapter 1003, Florida

11  Statutes, shall be entitled "Public K-12 Educational

12  Instruction" and shall consist of ss. 1003.41-1003.491.

13         Section 130.  Section 1003.41, Florida Statutes, is

14  created to read:

15         1003.41  Sunshine State Standards.--Public K-12

16  educational instruction in Florida is based on the "Sunshine

17  State Standards." These standards have been adopted by the

18  State Board of Education and delineate the academic

19  achievement of students, for which the state will hold schools

20  accountable, in grades K-2, 3-5, 6-8, and 9-12 in the subjects

21  of language arts, mathematics, science, social studies, the

22  arts, health and physical education, and foreign languages.

23  They include standards in reading, writing, history,

24  government, geography, economics, and computer literacy.

25         Section 131.  Section 1003.42, Florida Statutes, is

26  created to read:

27         1003.42  Required instruction.--

28         (1)  Each district school board shall provide all

29  courses required for high school graduation and appropriate

30  instruction designed to ensure that students meet State Board

31  of Education adopted standards in the following subject areas:


                                 351

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  reading and other language arts, mathematics, science, social

 2  studies, foreign languages, health and physical education, and

 3  the arts.

 4         (2)  Members of the instructional staff of the public

 5  schools, subject to the rules of the State Board of Education

 6  and the district school board, shall teach efficiently and

 7  faithfully, using the books and materials required, following

 8  the prescribed courses of study, and employing approved

 9  methods of instruction, the following:

10         (a)  The content of the Declaration of Independence and

11  how it forms the philosophical foundation of our government.

12         (b)  The arguments in support of adopting our

13  republican form of government, as they are embodied in the

14  most important of the Federalist Papers.

15         (c)  The essentials of the United States Constitution

16  and how it provides the structure of our government.

17         (d)  Flag education, including proper flag display and

18  flag salute.

19         (e)  The elements of civil government, including the

20  primary functions of and interrelationships between the

21  Federal Government, the state, and its counties,

22  municipalities, school districts, and special districts.

23         (f)  The history of the Holocaust (1933-1945), the

24  systematic, planned annihilation of European Jews and other

25  groups by Nazi Germany, a watershed event in the history of

26  humanity, to be taught in a manner that leads to an

27  investigation of human behavior, an understanding of the

28  ramifications of prejudice, racism, and stereotyping, and an

29  examination of what it means to be a responsible and

30  respectful person, for the purposes of encouraging tolerance

31  


                                 352

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  of diversity in a pluralistic society and for nurturing and

 2  protecting democratic values and institutions.

 3         (g)  The history of African Americans, including the

 4  history of African peoples before the political conflicts that

 5  led to the development of slavery, the passage to America, the

 6  enslavement experience, abolition, and the contributions of

 7  African Americans to society.

 8         (h)  The elementary principles of agriculture.

 9         (i)  The true effects of all alcoholic and intoxicating

10  liquors and beverages and narcotics upon the human body and

11  mind.

12         (j)  Kindness to animals.

13         (k)  The history of the state.

14         (l)  The conservation of natural resources.

15         (m)  Comprehensive health education that addresses

16  concepts of community health; consumer health; environmental

17  health; family life, including an awareness of the benefits of

18  sexual abstinence as the expected standard and the

19  consequences of teenage pregnancy; mental and emotional

20  health; injury prevention and safety; nutrition; personal

21  health; prevention and control of disease; and substance use

22  and abuse.

23         (n)  Such additional materials, subjects, courses, or

24  fields in such grades as are prescribed by law or by rules of

25  the State Board of Education and the district school board in

26  fulfilling the requirements of law.

27         (o)  The study of Hispanic contributions to the United

28  States.

29         (p)  The study of women's contributions to the United

30  States.

31  


                                 353

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (q)  A character-development program in the elementary

 2  schools, similar to Character First or Character Counts, which

 3  is secular in nature and stresses such character qualities as

 4  attentiveness, patience, and initiative. Beginning in school

 5  year 2004-2005, the character-development program shall be

 6  required in kindergarten through grade 12.  Each district

 7  school board shall develop or adopt a curriculum for the

 8  character-development program that shall be submitted to the

 9  department for approval. The character-development curriculum

10  shall stress the qualities of patriotism, responsibility,

11  citizenship, kindness, respect, honesty, self-control,

12  tolerance, and cooperation.

13         (r)  In order to encourage patriotism, the sacrifices

14  that veterans have made in serving our country and protecting

15  democratic values worldwide. Such instruction must occur on or

16  before Veterans' Day and Memorial Day. Members of the

17  instructional staff are encouraged to use the assistance of

18  local veterans when practicable.

19         (3)  Any student whose parent makes written request to

20  the school principal shall be exempted from the teaching of

21  reproductive health or any disease, including HIV/AIDS, its

22  symptoms, development, and treatment.  A student so exempted

23  may not be penalized by reason of that exemption.  Course

24  descriptions for comprehensive health education shall not

25  interfere with the local determination of appropriate

26  curriculum which reflects local values and concerns.

27         Section 132.  Section 1003.43, Florida Statutes, is

28  created to read:

29         1003.43  General requirements for high school

30  graduation.--

31  


                                 354

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (1)  Graduation requires successful completion of

 2  either a minimum of 24 academic credits in grades 9 through 12

 3  or an International Baccalaureate curriculum. The 24 credits

 4  shall be distributed as follows:

 5         (a)  Four credits in English, with major concentration

 6  in composition and literature.

 7         (b)  Three credits in mathematics.  Effective for

 8  students entering the 9th grade in the 1997-1998 school year

 9  and thereafter, one of these credits must be Algebra I, a

10  series of courses equivalent to Algebra I, or a higher-level

11  mathematics course.

12         (c)  Three credits in science, two of which must have a

13  laboratory component. The State Board of Education may grant

14  an annual waiver of the laboratory requirement to a district

15  school board that certifies that its laboratory facilities are

16  inadequate, provided the district school board submits a

17  capital outlay plan to provide adequate facilities and makes

18  the funding of this plan a priority of the district school

19  board. Agriscience Foundations I, the core course in secondary

20  Agriscience and Natural Resources programs, counts as one of

21  the science credits.

22         (d)  One credit in American history.

23         (e)  One credit in world history, including a

24  comparative study of the history, doctrines, and objectives of

25  all major political systems.

26         (f)  One-half credit in economics, including a

27  comparative study of the history, doctrines, and objectives of

28  all major economic systems.  The Florida Council on Economic

29  Education shall provide technical assistance to the department

30  and district school boards in developing curriculum materials

31  for the study of economics.


                                 355

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (g)  One-half credit in American government, including

 2  study of the Constitution of the United States. For students

 3  entering the 9th grade in the 1997-1998 school year and

 4  thereafter, the study of Florida government, including study

 5  of the State Constitution, the three branches of state

 6  government, and municipal and county government, shall be

 7  included as part of the required study of American government.

 8         (h)1.  One credit in practical arts career and

 9  technical education or exploratory career and technical

10  education. Any career and technical education course as

11  defined in s. 1003.01 may be taken to satisfy the high school

12  graduation requirement for one credit in practical arts or

13  exploratory career and technical education provided in this

14  subparagraph;

15         2.  One credit in performing fine arts to be selected

16  from music, dance, drama, painting, or sculpture.  A course in

17  any art form, in addition to painting or sculpture, that

18  requires manual dexterity, or a course in speech and debate,

19  may be taken to satisfy the high school graduation requirement

20  for one credit in performing arts pursuant to this

21  subparagraph; or

22         3.  One-half credit each in practical arts career and

23  technical education or exploratory career and technical

24  education and performing fine arts, as defined in this

25  paragraph.

26  

27  Such credit for practical arts career and technical education

28  or exploratory career and technical education or for

29  performing fine arts shall be made available in the 9th grade,

30  and students shall be scheduled into a 9th grade course as a

31  priority.


                                 356

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (i)  One-half credit in life management skills to

 2  include consumer education, positive emotional development,

 3  marriage and relationship skill-based education, nutrition,

 4  prevention of human immunodeficiency virus infection and

 5  acquired immune deficiency syndrome and other sexually

 6  transmissible diseases, benefits of sexual abstinence and

 7  consequences of teenage pregnancy, information and instruction

 8  on breast cancer detection and breast self-examination,

 9  cardiopulmonary resuscitation, drug education, and the hazards

10  of smoking.  Such credit shall be given for a course to be

11  taken by all students in either the 9th or 10th grade.

12         (j)  One credit in physical education to include

13  assessment, improvement, and maintenance of personal fitness.

14  Participation in an interscholastic sport at the junior

15  varsity or varsity level, for two full seasons, shall satisfy

16  the one-credit requirement in physical education if the

17  student passes a competency test on personal fitness with a

18  score of "C" or better. The competency test on personal

19  fitness must be developed by the Department of Education. A

20  district school board may not require that the one credit in

21  physical education be taken during the 9th grade year.

22  Completion of one semester with a grade of "C" or better in a

23  marching band class or in a physical activity class that

24  requires participation in marching band activities as an

25  extracurricular activity shall satisfy a one-half credit

26  requirement in physical education.  This one-half credit may

27  not be used to satisfy the personal fitness requirement or the

28  requirement for adaptive physical education under an

29  individual educational plan (IEP) or 504 plan.

30         (k)  Eight and one-half elective credits.

31  


                                 357

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  District school boards may award a maximum of one-half credit

 2  in social studies and one-half elective credit for student

 3  completion of nonpaid voluntary community or school service

 4  work.  Students choosing this option must complete a minimum

 5  of 75 hours of service in order to earn the one-half credit in

 6  either category of instruction.  Credit may not be earned for

 7  service provided as a result of court action.  District school

 8  boards that approve the award of credit for student volunteer

 9  service shall develop guidelines regarding the award of the

10  credit, and school principals are responsible for approving

11  specific volunteer activities. A course designated in the

12  Course Code Directory as grade 9 through grade 12 that is

13  taken below the 9th grade may be used to satisfy high school

14  graduation requirements or Florida Academic Scholars award

15  requirements as specified in a district school board's student

16  progression plan. A student shall be granted credit toward

17  meeting the requirements of this subsection for equivalent

18  courses, as identified pursuant to s. 1007.271(6), taken

19  through dual enrollment.

20         (2)  Remedial and compensatory courses taken in grades

21  9 through 12 may only be counted as elective credit as

22  provided in subsection (1).

23         (3)  Credit for high school graduation may be earned

24  for volunteer activities and nonacademic activities which have

25  been approved for such credit by the State Board of Education.

26         (4)(a)  A district school board may require specific

27  courses and programs of study within the minimum credit

28  requirements for high school graduation and shall modify basic

29  courses, as necessary, to assure exceptional students the

30  opportunity to meet the graduation requirements for a standard

31  diploma, using one of the following strategies:


                                 358

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         1.  Assignment of the exceptional student to an

 2  exceptional education class for instruction in a basic course

 3  with the same student performance standards as those required

 4  of nonexceptional students in the district school board

 5  student progression plan; or

 6         2.  Assignment of the exceptional student to a basic

 7  education class for instruction that is modified to

 8  accommodate the student's exceptionality.

 9         (b)  The district school board shall determine which of

10  these strategies to employ based upon an assessment of the

11  student's needs and shall reflect this decision in the

12  student's individual educational plan.

13         (c)  District school boards are authorized and

14  encouraged to establish requirements for high school

15  graduation in excess of the minimum requirements; however, an

16  increase in academic credit or minimum grade point average

17  requirements shall not apply to those students enrolled in

18  grades 9 through 12 at the time the district school board

19  increases the requirements.  In addition, any increase in

20  academic credit or minimum grade point average requirements

21  shall not apply to a student who earns credit toward the

22  graduation requirements of this section for equivalent courses

23  taken through dual enrollment.

24         (5)  Each district school board shall establish

25  standards for graduation from its schools, and these standards

26  must include:

27         (a)  Earning passing scores on the FCAT, as defined in

28  s. 1008.22(3)(c).

29         (b)  Completion of all other applicable requirements

30  prescribed by the district school board pursuant to s.

31  1008.25.


                                 359

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (c)  Achievement of a cumulative grade point average of

 2  1.5 on a 4.0 scale, or its equivalent, for students entering

 3  9th grade before the 1997-1998 school year; however, these

 4  students must earn a cumulative grade point average of 2.0 on

 5  a 4.0 scale, or its equivalent, in the courses required by

 6  subsection (1) that are taken after July 1, 1997, or have an

 7  overall cumulative grade point average of 2.0 or above.

 8         (d)  Achievement of a cumulative grade point average of

 9  2.0 on a 4.0 scale, or its equivalent, in the courses required

10  by subsection (1), for students entering 9th grade in the

11  1997-1998 school year and thereafter.

12         (e)  For purposes of paragraphs (c) and (d):

13         1.  Each district school board shall adopt policies

14  designed to assist students in meeting these requirements.

15  These policies may include, but are not limited to:

16  forgiveness policies, summer school or before or after school

17  attendance, special counseling, volunteer and/or peer tutors,

18  school-sponsored help sessions, homework hotlines, and study

19  skills classes. Beginning in the 2000-2001 school year and

20  each year thereafter, forgiveness policies for required

21  courses shall be limited to replacing a grade of "D" or "F,"

22  or the equivalent of a grade of "D" or "F," with a grade of

23  "C" or higher, or the equivalent of a grade of "C" or higher,

24  earned subsequently in the same or comparable course.

25  Forgiveness policies for elective courses shall be limited to

26  replacing a grade of "D" or "F," or the equivalent of a grade

27  of "D" or "F," with a grade of "C" or higher, or the

28  equivalent of a grade of "C" or higher, earned subsequently in

29  another course. Any course grade not replaced according to a

30  district school board forgiveness policy shall be included in

31  


                                 360

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the calculation of the cumulative grade point average required

 2  for graduation.

 3         2.  At the end of each semester, the parent of each

 4  student in grades 9, 10, 11, and 12 who has a cumulative grade

 5  point average of less than 0.5 above the cumulative grade

 6  point average required for graduation shall be notified that

 7  the student is at risk of not meeting the requirements for

 8  graduation. The notice shall contain an explanation of the

 9  policies the district school board has in place to assist the

10  student in meeting the grade point average requirement.

11         3.  Special assistance to obtain a high school

12  equivalency diploma pursuant to s. 1003.435 may be given only

13  when the student has completed all requirements for graduation

14  except the attainment of the required cumulative grade point

15  average.

16  

17  The standards required in this subsection, and any subsequent

18  modifications, shall be reprinted in the Florida

19  Administrative Code even though not defined as "rules."

20         (6)  The Legislature recognizes that adult learners are

21  unique in situation and needs.  The following graduation

22  requirements are therefore instituted for students enrolled in

23  adult general education in accordance with s. 1004.93 in

24  pursuit of a high school diploma:

25         (a)  The one credit in physical education required for

26  graduation, pursuant to subsection (1), is not required for

27  graduation and shall be substituted with elective credit

28  keeping the total credits needed for graduation consistent

29  with subsection (1).

30         (b)  Each district school board may waive the

31  laboratory component of the science requirement expressed in


                                 361

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  subsection (1) when such facilities are inaccessible or do not

 2  exist.

 3         (c)  Any course listed within the Department of

 4  Education Course Code Directory in the areas of art, dance,

 5  drama, or music may be undertaken by adult secondary education

 6  students. Enrollment and satisfactory completion of such a

 7  course shall satisfy the credit in performing fine arts

 8  required for high school graduation pursuant to subsection

 9  (1).

10         (7)  No student may be granted credit toward high

11  school graduation for enrollment in the following courses or

12  programs:

13         (a)  More than a total of nine elective credits in

14  remedial programs.

15         (b)  More than one credit in exploratory career

16  education courses as defined in s. 1003.01(4)(a).

17         (c)  More than three credits in practical arts family

18  and consumer sciences classes as defined in s. 1003.01(4)(a).

19         (d)  Any Level I course unless the student's assessment

20  indicates that a more rigorous course of study would be

21  inappropriate, in which case a written assessment of the need

22  must be included in the student's individual educational plan

23  or in a student performance plan, signed by the principal, the

24  guidance counselor, and the parent of the student, or the

25  student if the student is 18 years of age or older.

26         (8)  The State Board of Education, after a public

27  hearing and consideration, shall make provision for

28  appropriate modification of testing instruments and procedures

29  for students with identified handicaps or disabilities in

30  order to ensure that the results of the testing represent the

31  student's achievement, rather than reflecting the student's


                                 362

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  impaired sensory, manual, speaking, or psychological process

 2  skills.

 3         (9)  A student who meets all requirements prescribed in

 4  subsections (1), (4), and (5) shall be awarded a standard

 5  diploma in a form prescribed by the State Board of Education.

 6  A district school board may attach the Florida gold seal

 7  career and technical endorsement to a standard diploma or,

 8  instead of the standard diploma, award differentiated diplomas

 9  to those exceeding the prescribed minimums. A student who

10  completes the minimum number of credits and other requirements

11  prescribed by subsections (1) and (4), but who is unable to

12  meet the standards of paragraph (5)(a), paragraph (5)(b), or

13  paragraph (5)(c), shall be awarded a certificate of completion

14  in a form prescribed by the State Board of Education. However,

15  any student who is otherwise entitled to a certificate of

16  completion may elect to remain in the secondary school either

17  as a full-time student or a part-time student for up to 1

18  additional year and receive special instruction designed to

19  remedy his or her identified deficiencies.

20         (10)  The public hearing and consideration required in

21  subsection (8) shall not be construed to amend or nullify the

22  requirements of security relating to the contents of

23  examinations or assessment instruments and related materials

24  or data as prescribed in s. 1008.23.

25         (11)  The Commissioner of Education may award a

26  standard high school diploma to honorably discharged veterans

27  who started high school between 1937 and 1946 and were

28  scheduled to graduate between 1941 and 1950 but were inducted

29  into the United States Armed Forces between September 16,

30  1940, and December 31, 1946, prior to completing the necessary

31  high school graduation requirements. Upon the recommendation


                                 363

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  of the commissioner, the State Board of Education may develop

 2  criteria and guidelines for awarding such diplomas.

 3         Section 133.  Section 1003.435, Florida Statutes, is

 4  created to read:

 5         1003.435  High school equivalency diploma program.--

 6         (1)  The State Board of Education shall adopt rules

 7  that prescribe performance standards and provide for

 8  comprehensive examinations to be administered to candidates

 9  for high school equivalency diplomas. Such rules shall

10  include, but are not limited to, provisions for fees,

11  frequency of examinations, and procedures for retaking an

12  examination upon unsatisfactory performance.

13         (2)  The department may award high school equivalency

14  diplomas to candidates who meet the performance standards

15  prescribed by the State Board of Education.

16         (3)  Each district school board shall offer and

17  administer the high school equivalency diploma examinations

18  and the subject area examinations to all candidates pursuant

19  to rules of the State Board of Education.

20         (4)  A candidate for a high school equivalency diploma

21  shall be at least 18 years of age on the date of the

22  examination, except that in extraordinary circumstances, as

23  provided for in rules of the district school board of the

24  district in which the candidate resides or attends school, a

25  candidate may take the examination after reaching the age of

26  16.

27         (5)  Each district school board shall develop, in

28  cooperation with the area community college board of trustees,

29  a plan for the provision of advanced instruction for those

30  students who attain satisfactory performance on the high

31  school equivalency examination or the subject area


                                 364

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  examinations or who demonstrate through other means a

 2  readiness to engage in postsecondary-level academic work. The

 3  plan shall include provisions for the equitable distribution

 4  of generated funds to cover personnel, maintenance, and other

 5  costs of offering the advanced instruction. Priority shall be

 6  given to programs of advanced instruction offered in high

 7  school facilities.

 8         (6)(a)  All high school equivalency diplomas issued

 9  under the provisions of this section shall have equal status

10  with other high school diplomas for all state purposes,

11  including admission to any state university or community

12  college.

13         (b)  The State Board of Education shall adopt rules

14  providing for the award of a standard high school diploma to

15  holders of high school equivalency diplomas who are assessed

16  as meeting designated criteria, and the commissioner shall

17  establish procedures for administering the assessment.

18         Section 134.  Section 1003.436, Florida Statutes, is

19  created to read:

20         1003.436  Definition of "credit".--

21         (1)(a)  For the purposes of requirements for high

22  school graduation, one full credit means a minimum of 135

23  hours of bona fide instruction in a designated course of study

24  that contains student performance standards. The State Board

25  of Education shall determine the number of postsecondary

26  credit hours earned through dual enrollment pursuant to s.

27  1007.271 that satisfy the requirements of a district's

28  interinstitutional articulation agreement according to s.

29  1007.235 and that equal one full credit of the equivalent high

30  school course identified pursuant to s. 1007.271(6).

31  


                                 365

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  The hourly requirements for one-half credit are

 2  one-half the requirements specified in paragraph (a).

 3         (2)  In awarding credit for high school graduation,

 4  each district school board shall maintain a one-half credit

 5  earned system that shall include courses provided on a

 6  full-year basis.  A student enrolled in a full-year course

 7  shall receive one-half credit if the student successfully

 8  completes either the first half or the second half of a

 9  full-year course but fails to successfully complete the other

10  half of the course and the averaging of the grades obtained in

11  each half would not result in a passing grade. A student

12  enrolled in a full-year course shall receive a full credit if

13  the student successfully completes either the first half or

14  the second half of a full-year course but fails to

15  successfully complete the other half of the course and the

16  averaging of the grades obtained in each half would result in

17  a passing grade, provided that such additional requirements

18  specified in district school board policies, such as class

19  attendance, homework, participation, and other indicators of

20  performance, shall be successfully completed by the student.

21         Section 135.  Section 1003.437, Florida Statutes, is

22  created to read:

23         1003.437  High school grading system.--The grading

24  system and interpretation of letter grades used in public high

25  schools shall be as follows:

26         (1)  Grade "A" equals 90 percent through 100 percent,

27  has a grade point average value of 4, and is defined as

28  "outstanding progress."

29         (2)  Grade "B" equals 80 percent through 89 percent,

30  has a grade point average value of 3, and is defined as "above

31  average progress."


                                 366

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (3)  Grade "C" equals 70 percent through 79 percent,

 2  has a grade point average value of 2, and is defined as

 3  "average progress."

 4         (4)  Grade "D" equals 60 percent through 69 percent,

 5  has a grade point average value of 1, and is defined as

 6  "lowest acceptable progress."

 7         (5)  Grade "F" equals zero percent through 59 percent,

 8  has a grade point average value of zero, and is defined as

 9  "failure."

10         (6)  Grade "I" equals zero percent, has a grade point

11  average value of zero, and is defined as "incomplete."

12  

13  For the purposes of class ranking, district school boards may

14  exercise a weighted grading system.

15         Section 136.  Section 1003.438, Florida Statutes, is

16  created to read:

17         1003.438  Special high school graduation requirements

18  for certain exceptional students.--A student who has been

19  properly classified, in accordance with rules established by

20  the State board of Education, as "educable mentally

21  handicapped," "trainable mentally handicapped," "hearing

22  impaired," "specific learning disabled," "physically or

23  language impaired," or "emotionally handicapped" shall not be

24  required to meet all requirements of s. 1003.43 and shall,

25  upon meeting all applicable requirements prescribed by the

26  district school board pursuant to s. 1008.25, be awarded a

27  special diploma in a form prescribed by the commissioner;

28  however, such special graduation requirements prescribed by

29  the district school board must include minimum graduation

30  requirements as prescribed by the commissioner. Any such

31  student who meets all special requirements of the district


                                 367

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  school board for exceptionality, but is unable to meet the

 2  appropriate special state minimum requirements, shall be

 3  awarded a special certificate of completion in a form

 4  prescribed by the commissioner.  A student who has been

 5  properly classified as "profoundly handicapped" and who meets

 6  the special requirements of the district school board for a

 7  special diploma in accordance with requirements for any

 8  exceptional student identified in this section shall be

 9  awarded a special diploma; however, such a student shall

10  alternatively be eligible for a special certificate of

11  completion, in a form prescribed by the commissioner, if all

12  school requirements for students who are "profoundly

13  handicapped" have been met. However, this section does not

14  limit or restrict the right of an exceptional student solely

15  to a special diploma or special certificate of completion.

16  Any such student shall, upon proper request, be afforded the

17  opportunity to fully meet all requirements of s. 1003.43

18  through the standard procedures established therein and

19  thereby to qualify for a standard diploma upon graduation.

20         Section 137.  Section 1003.44, Florida Statutes, is

21  created to read:

22         1003.44  Patriotic programs; rules.--

23         (1)  Each district school board may adopt rules to

24  require, in all of the schools of the district, programs of a

25  patriotic nature to encourage greater respect for the

26  government of the United States and its national anthem and

27  flag, subject always to other existing pertinent laws of the

28  United States or of the state. When the national anthem is

29  played, students and all civilians shall stand at attention,

30  men removing the headdress, except when such headdress is worn

31  for religious purposes. The pledge of allegiance to the flag,


                                 368

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  "I pledge allegiance to the flag of the United States of

 2  America and to the republic for which it stands, one nation

 3  under God, indivisible, with liberty and justice for all,"

 4  shall be rendered by students standing with the right hand

 5  over the heart. The pledge of allegiance to the flag shall be

 6  recited at the beginning of the day in each public elementary,

 7  middle, and high school in the state. Each student shall be

 8  informed by posting a notice in a conspicuous place that the

 9  student has the right not to participate in reciting the

10  pledge. Upon written request by his or her parent, the student

11  must be excused from reciting the pledge. When the pledge is

12  given, civilians must show full respect to the flag by

13  standing at attention, men removing the headdress, except when

14  such headdress is worn for religious purposes, as provided by

15  Pub. L. ch. 77-435, s. 7, approved June 22, 1942, 56 Stat.

16  377, as amended by Pub. L. ch. 77-806, 56 Stat. 1074, approved

17  December 22, 1942.

18         (2)  Each district school board may allow any teacher

19  or administrator to read, or to post in a public school

20  building or classroom or at any school-related event, any

21  excerpt or portion of the following historic material: the

22  national motto; the national anthem; the pledge of allegiance;

23  the Constitution of the State of Florida, including the

24  Preamble; the Constitution of the United States, including the

25  Preamble; the Bill of Rights; the Declaration of Independence;

26  the Mayflower Compact; the Emancipation Proclamation; the

27  writings, speeches, documents, and proclamations of the

28  presidents of the United States, the signers of the

29  Constitution of the United States and the Declaration of

30  Independence, and civil rights leaders; and decisions of the

31  United States Supreme Court. However, any material that is


                                 369

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  read, posted, or taught pursuant to this provision may be

 2  presented only from a historical perspective and in a

 3  nonproselytizing manner. When less than an entire document is

 4  used, the excerpt or portion must include as much material as

 5  is reasonably necessary to reflect the sentiment of the entire

 6  document and avoid expressing statements out of the context in

 7  which they were originally made.  If the material refers to

 8  laws or judicial decisions that have been superseded, the

 9  material must be accompanied by a statement indicating that

10  such law or decision is no longer the law of the land. No

11  material shall be selected to advance a particular religious,

12  political, or sectarian purpose. The department shall

13  distribute a copy of this section to each district school

14  board, whereupon each district school superintendent shall

15  distribute a copy to all teachers and administrators.

16         Section 138.  Section 1003.45, Florida Statutes, is

17  created to read:

18         1003.45  Permitting study of the Bible and religion;

19  permitting brief meditation period.--

20         (1)  The district school board may install in the

21  public schools in the district a secular program of education

22  including, but not limited to, an objective study of the Bible

23  and of religion.

24         (2)  The district school board may provide that a brief

25  period, not to exceed 2 minutes, for the purpose of silent

26  prayer or meditation be set aside at the start of each school

27  day or each school week in the public schools in the district.

28         Section 139.  Section 1003.46, Florida Statutes, is

29  created to read:

30         1003.46  Health education; instruction in acquired

31  immune deficiency syndrome.--


                                 370

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (1)  Each district school board may provide instruction

 2  in acquired immune deficiency syndrome education as a specific

 3  area of health education.  Such instruction may include, but

 4  is not limited to, the known modes of transmission, signs and

 5  symptoms, risk factors associated with acquired immune

 6  deficiency syndrome, and means used to control the spread of

 7  acquired immune deficiency syndrome.  The instruction shall be

 8  appropriate for the grade and age of the student and shall

 9  reflect current theory, knowledge, and practice regarding

10  acquired immune deficiency syndrome and its prevention.

11         (2)  Throughout instruction in acquired immune

12  deficiency syndrome, sexually transmitted diseases, or health

13  education, when such instruction and course material contains

14  instruction in human sexuality, a school shall:

15         (a)  Teach abstinence from sexual activity outside of

16  marriage as the expected standard for all school-age students

17  while teaching the benefits of monogamous heterosexual

18  marriage.

19         (b)  Emphasize that abstinence from sexual activity is

20  a certain way to avoid out-of-wedlock pregnancy, sexually

21  transmitted diseases, including acquired immune deficiency

22  syndrome, and other associated health problems.

23         (c)  Teach that each student has the power to control

24  personal behavior and encourage students to base actions on

25  reasoning, self-esteem, and respect for others.

26         (d)  Provide instruction and material that is

27  appropriate for the grade and age of the student.

28         Section 140.  Section 1003.47, Florida Statutes, is

29  created to read:

30         1003.47  Biological experiments on living subjects.--

31  


                                 371

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (1)  It is the intent of the Legislature with respect

 2  to biological experiments involving living subjects by

 3  students in grades K through 12 that:

 4         (a)  No surgery or dissection shall be performed on any

 5  living mammalian vertebrate or bird.  Dissection may be

 6  performed on nonliving mammals or birds secured from a

 7  recognized source of such specimens and under supervision of

 8  qualified instructors. Students may be excused upon written

 9  request of a parent.

10         (b)  Lower orders of life and invertebrates may be used

11  in such experiments.

12         (c)  Nonmammalian vertebrates, excluding birds, may be

13  used in biological experiments, provided that physiological

14  harm does not result from such experiments.  Anatomical

15  studies shall only be conducted on models that are

16  anatomically correct for the animal being studied or on

17  nonliving nonmammalian vertebrates secured and from a

18  recognized source of such specimens and under the supervision

19  of qualified instructors.  Students may be excused from such

20  experiments upon written request of the parent.

21         (d)  Observational studies of animals in the wild or in

22  zoological parks, gardens, or aquaria, or of pets, fish,

23  domestic animals, or livestock may be conducted.

24         (e)  Studies of vertebrate animal cells, such as red

25  blood cells or other tissue cells, plasma or serum, or

26  anatomical specimens, such as organs, tissues, or skeletons,

27  purchased or acquired from biological supply houses or

28  research facilities or from wholesale or retail establishments

29  that supply carcasses or parts of food animals may be

30  conducted.

31  


                                 372

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (f)  Normal physiological and behavioral studies of the

 2  human animal may be conducted, provided that such projects are

 3  carefully selected so that neither physiological or

 4  psychological harm to the subject can result from such

 5  studies.

 6         (g)  All experiments shall be carried out under the

 7  supervision of a competent science teacher who shall be

 8  responsible for ensuring that the student has the necessary

 9  comprehension for the study to be undertaken. Whenever

10  feasible, specifically qualified experts in the field should

11  be consulted.

12         (h)  Live animals on the premises of public and private

13  elementary, middle, and high schools shall be housed and cared

14  for in a humane and safe manner.  Animals shall not remain on

15  the premises of any school during periods when such school is

16  not in session, unless adequate care is provided for such

17  animals.

18         (2)  The provisions of this section shall not be

19  construed to prohibit or constrain conventional instruction in

20  the normal practices of animal husbandry or exhibition of any

21  livestock in connection with any agricultural program or

22  instruction of advanced students participating in advanced

23  research, scientific studies, or projects.

24         (3)  If any instructional employee of a public high

25  school or area technical center knowingly or intentionally

26  fails or refuses to comply with any of the provisions of this

27  section, the district school board may suspend, dismiss,

28  return to annual contract, or otherwise discipline such

29  employee as provided in s. 1012.22(1)(f) in accordance with

30  procedures established in chapter 1012.  If any instructional

31  employee of any private school knowingly or intentionally


                                 373

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  fails or refuses to comply with the provisions of this

 2  section, the governing authority of the private school may

 3  suspend, dismiss, or otherwise discipline such employee in

 4  accordance with its standard personnel procedures.

 5         Section 141.  Section 1003.48, Florida Statutes, is

 6  created to read:

 7         1003.48  Instruction in operation of motor vehicles.--

 8         (1)  A course of study and instruction in the safe and

 9  lawful operation of a motor vehicle shall be made available by

10  each district school board to students in the secondary

11  schools in the state.  As used in this section, the term

12  "motor vehicle" shall have the same meaning as in s.

13  320.01(1)(a) and shall include motorcycles and mopeds.

14  Instruction in motorcycle or moped operation may be limited to

15  classroom instruction.  The course shall not be made a part

16  of, or a substitute for, any of the minimum requirements for

17  graduation.

18         (2)  In order to make such a course available to any

19  secondary school student, the district school board may use

20  any one of the following procedures or any combination

21  thereof:

22         (a)  Utilize instructional personnel employed by the

23  district school board.

24         (b)  Contract with a commercial driving school licensed

25  under the provisions of chapter 488.

26         (c)  Contract with an instructor certified under the

27  provisions of chapter 488.

28         (3)(a)  District school boards shall earn funds on

29  full-time equivalent students at the appropriate basic program

30  cost factor, regardless of the method by which such courses

31  are offered.


                                 374

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  For the purpose of financing the Driver Education

 2  Program in the secondary schools, there shall be levied an

 3  additional 50 cents per year to the driver's license fee

 4  required by s. 322.21.  The additional fee shall be promptly

 5  remitted to the Department of Highway Safety and Motor

 6  Vehicles, which shall transmit the fee to the Treasurer to be

 7  deposited in the General Revenue Fund.

 8         (4)  The district school board shall prescribe

 9  standards for the course required by this section and for

10  instructional personnel directly employed by the district

11  school board.  Any certified instructor or licensed commercial

12  driving school shall be deemed sufficiently qualified and

13  shall not be required to meet any standards in lieu of or in

14  addition to those prescribed under chapter 488.

15         Section 142.  Section 1003.49, Florida Statutes, is

16  created to read:

17         1003.49  Graduation and promotion requirements for

18  publicly operated schools.--

19         (1)  Each state or local public agency, including the

20  Department of Children and Family Services, the Department of

21  Corrections, the boards of trustees of universities and

22  community colleges, and the Board of Trustees of the Florida

23  School for the Deaf and the Blind, which agency is authorized

24  to operate educational programs for students at any level of

25  grades kindergarten through 12 shall be subject to all

26  applicable requirements of ss. 1003.43, 1008.23, and 1008.25.

27  Within the content of these cited statutes each such state or

28  local public agency or entity shall be considered a "district

29  school board."

30         (2)  The Commissioner of Education shall establish

31  procedures to extend the state-administered assessment program


                                 375

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  to school programs operated by such state or local public

 2  agencies or entities in the same manner and to the same extent

 3  as such program is administered in each district school

 4  system.

 5         Section 143.  Section 1003.491, Florida Statutes, is

 6  created to read:

 7         1003.491  Career and technical education.--

 8         (1)  School board, superintendent, and school

 9  accountability for career and technical education within

10  elementary and secondary schools includes, but is not limited

11  to:

12         (a)  Student exposure to a variety of careers and

13  provision of instruction to explore specific careers in

14  greater depth.

15         (b)  Student awareness of available career and

16  technical programs and the corresponding occupations into

17  which such programs lead.

18         (c)  Student development of individual career plans.

19         (d)  Integration of academic and career and technical

20  skills in the secondary curriculum.

21         (e)  Student preparation to enter the workforce and

22  enroll in postsecondary education without being required to

23  complete college preparatory or vocational preparatory

24  instruction.

25         (f)  Student retention in school through high school

26  graduation.

27         (g)  Career and technical curriculum articulation with

28  corresponding postsecondary programs in the local area

29  technical center or community college, or both.

30         (2)  No school board or public school shall require a

31  student to participate in any school-to-work or job training


                                 376

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  program. A district school board or school shall not require a

 2  student to meet occupational standards for grade level

 3  promotion or graduation unless the student is voluntarily

 4  enrolled in a job training program.

 5         Section 144.  Part V of chapter 1003, Florida Statutes,

 6  shall be entitled "Specialized Instruction For Certain Public

 7  K-12 Students" and shall consist of ss. 1003.51-1003.58.

 8         Section 145.  Section 1003.51, Florida Statutes, is

 9  created to read:

10         1003.51  Other public educational services.--

11         (1)  The general control of other public educational

12  services shall be vested in the State Board of Education

13  except as provided herein.  The State Board of Education

14  shall, at the request of the Department of Children and Family

15  Services and the Department of Juvenile Justice, advise as to

16  standards and requirements relating to education to be met in

17  all state schools or institutions under their control which

18  provide educational programs.  The Department of Education

19  shall provide supervisory services for the educational

20  programs of all such schools or institutions.  The direct

21  control of any of these services provided as part of the

22  district program of education shall rest with the district

23  school board. These services shall be supported out of state,

24  district, federal, or other lawful funds, depending on the

25  requirements of the services being supported.

26         (2)  The State Board of Education shall adopt and

27  maintain an administrative rule articulating expectations for

28  effective education programs for youth in Department of

29  Juvenile Justice programs, including, but not limited to,

30  education programs in juvenile justice commitment and

31  detention facilities. The rule shall articulate policies and


                                 377

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  standards for education programs for youth in Department of

 2  Juvenile Justice programs and shall include the following:

 3         (a)  The interagency collaborative process needed to

 4  ensure effective programs with measurable results.

 5         (b)  The responsibilities of the Department of

 6  Education, the Department of Juvenile Justice, district school

 7  boards, and providers of education services to youth in

 8  Department of Juvenile Justice programs.

 9         (c)  Academic expectations.

10         (d)  Service delivery options available to district

11  school boards, including direct service and contracting.

12         (e)  Assessment procedures, which:

13         1.  Include appropriate academic and career and

14  technical assessments administered at program entry and exit

15  that are selected by the Department of Education in

16  partnership with representatives from the Department of

17  Juvenile Justice, district school boards, and providers.

18         2.  Require district school boards to be responsible

19  for ensuring the completion of the assessment process.

20         3.  Require assessments for students in detention who

21  will move on to commitment facilities, to be designed to

22  create the foundation for developing the student's education

23  program in the assigned commitment facility.

24         4.  Require assessments of students sent directly to

25  commitment facilities to be completed within the first week of

26  the student's commitment.

27  

28  The results of these assessments, together with a portfolio

29  depicting the student's academic and career and technical

30  accomplishments, shall be included in the discharge package

31  assembled for each youth.


                                 378

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (f)  Recommended instructional programs, including, but

 2  not limited to, career and technical training and job

 3  preparation.

 4         (g)  Funding requirements, which shall include the

 5  requirement that at least 80 percent of the FEFP funds

 6  generated by students in Department of Juvenile Justice

 7  programs be spent on instructional costs for those students.

 8  One hundred percent of the formula-based categorical funds

 9  generated by students in Department of Juvenile Justice

10  programs must be spent on appropriate categoricals such as

11  instructional materials and public school technology for those

12  students.

13         (h)  Qualifications of instructional staff, procedures

14  for the selection of instructional staff, and procedures to

15  ensure consistent instruction and qualified staff year round.

16         (i)  Transition services, including the roles and

17  responsibilities of appropriate personnel in school districts,

18  provider organizations, and the Department of Juvenile

19  Justice.

20         (j)  Procedures and timeframe for transfer of education

21  records when a youth enters and leaves a facility.

22         (k)  The requirement that each district school board

23  maintain an academic transcript for each student enrolled in a

24  juvenile justice facility that delineates each course

25  completed by the student as provided by the State Course Code

26  Directory.

27         (l)  The requirement that each district school board

28  make available and transmit a copy of a student's transcript

29  in the discharge packet when the student exits a facility.

30         (m)  Contract requirements.

31  


                                 379

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (n)  Performance expectations for providers and

 2  district school boards, including the provision of an academic

 3  improvement plan as required in s. 1008.25.

 4         (o)  The role and responsibility of the district school

 5  board in securing workforce development funds.

 6         (p)  A series of graduated sanctions for district

 7  school boards whose educational programs in Department of

 8  Juvenile Justice facilities are considered to be

 9  unsatisfactory and for instances in which district school

10  boards fail to meet standards prescribed by law, rule, or

11  State Board of Education policy. These sanctions shall include

12  the option of requiring a district school board to contract

13  with a provider or another district school board if the

14  educational program at the Department of Juvenile Justice

15  facility has failed a quality assurance review and, after 6

16  months, is still performing below minimum standards.

17         (q)  Other aspects of program operations.

18         (3)  The Department of Education in partnership with

19  the Department of Juvenile Justice, the district school

20  boards, and providers shall:

21         (a)  Maintain model contracts for the delivery of

22  appropriate education services to youth in Department of

23  Juvenile Justice programs to be used for the development of

24  future contracts. The model contracts shall reflect the policy

25  and standards included in subsection (2). The Department of

26  Education shall ensure that appropriate district school board

27  personnel are trained and held accountable for the management

28  and monitoring of contracts for education programs for youth

29  in juvenile justice residential and nonresidential facilities.

30         (b)  Maintain model procedures for transitioning youth

31  into and out of Department of Juvenile Justice programs. These


                                 380

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  procedures shall reflect the policy and standards adopted

 2  pursuant to subsection (2).

 3         (c)  Maintain standardized required content of

 4  education records to be included as part of a youth's

 5  commitment record. These requirements shall reflect the policy

 6  and standards adopted pursuant to subsection (2) and shall

 7  include, but not be limited to, the following:

 8         1.  A copy of the student's individual educational

 9  plan.

10         2.  Assessment data, including grade level proficiency

11  in reading, writing, and mathematics, and performance on tests

12  taken according to s. 1008.22.

13         3.  A copy of the student's permanent cumulative

14  record.

15         4.  A copy of the student's academic transcript.

16         5.  A portfolio reflecting the youth's academic

17  accomplishments while in the Department of Juvenile Justice

18  program.

19         (d)  Maintain model procedures for securing the

20  education record and the roles and responsibilities of the

21  juvenile probation officer and others involved in the

22  withdrawal of the student from school and assignment to a

23  commitment or detention facility. District school boards shall

24  respond to requests for student education records received

25  from another district school board or a juvenile justice

26  facility within 5 working days after receiving the request.

27         (4)  The Department of Education shall ensure that

28  district school boards notify students in juvenile justice

29  residential or nonresidential facilities who attain the age of

30  16 years of the provisions of law regarding compulsory school

31  attendance and make available the option of enrolling in a


                                 381

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  program to attain a Florida high school diploma by taking the

 2  general educational development test prior to release from the

 3  facility. District school boards or community colleges, or

 4  both, shall waive GED testing fees for youth in Department of

 5  Juvenile Justice residential programs and shall, upon request,

 6  designate schools operating for the purpose of providing

 7  educational services to youth in Department of Juvenile

 8  Justice programs as GED testing centers, subject to GED

 9  testing center requirements. The administrative fees for the

10  general education development test required by the Department

11  of Education are the responsibility of district school boards

12  and may be required of providers by contractual agreement.

13         (5)  The Department of Education shall establish and

14  operate, either directly or indirectly through a contract, a

15  mechanism to provide quality assurance reviews of all juvenile

16  justice education programs and shall provide technical

17  assistance and related research to district school boards and

18  providers on how to establish, develop, and operate

19  educational programs that exceed the minimum quality assurance

20  standards.

21         Section 146.  Section 1003.52, Florida Statutes, is

22  created to read:

23         1003.52  Educational services in Department of Juvenile

24  Justice programs.--

25         (1)  The Legislature finds that education is the single

26  most important factor in the rehabilitation of adjudicated

27  delinquent youth in the custody of the Department of Juvenile

28  Justice in detention or commitment facilities. It is the goal

29  of the Legislature that youth in the juvenile justice system

30  continue to be allowed the opportunity to obtain a high

31  quality education. The Department of Education shall serve as


                                 382

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the lead agency for juvenile justice education programs,

 2  curriculum, support services, and resources. To this end, the

 3  Department of Education and the Department of Juvenile Justice

 4  shall each designate a Coordinator for Juvenile Justice

 5  Education Programs to serve as the point of contact for

 6  resolving issues not addressed by district school boards and

 7  to provide each department's participation in the following

 8  activities:

 9         (a)  Training, collaborating, and coordinating with the

10  Department of Juvenile Justice, district school boards,

11  educational contract providers, and juvenile justice

12  providers, whether state operated or contracted.

13         (b)  Collecting information on the academic performance

14  of students in juvenile justice commitment and detention

15  programs and reporting on the results.

16         (c)  Developing academic and career and technical

17  protocols that provide guidance to district school boards and

18  providers in all aspects of education programming, including

19  records transfer and transition.

20         (d)  Prescribing the roles of program personnel and

21  interdepartmental district school board or provider

22  collaboration strategies.

23  

24  Annually, a cooperative agreement and plan for juvenile

25  justice education service enhancement shall be developed

26  between the Department of Juvenile Justice and the Department

27  of Education and submitted to the Secretary of Juvenile

28  Justice and the Commissioner of Education by June 30.

29         (2)  Students participating in a detention, commitment,

30  or rehabilitation program pursuant to chapter 985 which is

31  sponsored by a community-based agency or is operated or


                                 383

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  contracted for by the Department of Juvenile Justice shall

 2  receive educational programs according to rules of the State

 3  Board of Education. These students shall be eligible for

 4  services afforded to students enrolled in programs pursuant to

 5  s. 1003.53 and all corresponding State Board of Education

 6  rules.

 7         (3)  The district school board of the county in which

 8  the residential or nonresidential care facility or juvenile

 9  assessment facility is located shall provide appropriate

10  educational assessments and an appropriate program of

11  instruction and special education services. The district

12  school board shall make provisions for each student to

13  participate in basic, career and technical education, and

14  exceptional student programs as appropriate. Students served

15  in Department of Juvenile Justice programs shall have access

16  to the appropriate courses and instruction to prepare them for

17  the GED test. Students participating in GED preparation

18  programs shall be funded at the basic program cost factor for

19  Department of Juvenile Justice programs in the Florida

20  Education Finance Program. Each program shall be conducted

21  according to applicable law providing for the operation of

22  public schools and rules of the State Board of Education.

23         (4)  Educational services shall be provided at times of

24  the day most appropriate for the juvenile justice program.

25  School programming in juvenile justice detention, commitment,

26  and rehabilitation programs shall be made available by the

27  local school district during the juvenile justice school year,

28  as defined in s. 1003.01(12).

29         (5)  The educational program shall consist of

30  appropriate basic academic, career and technical, or

31  exceptional curricula and related services which support the


                                 384

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  treatment goals and reentry and which may lead to completion

 2  of the requirements for receipt of a high school diploma or

 3  its equivalent.  If the duration of a program is less than 40

 4  days, the educational component may be limited to tutorial

 5  activities and career and technical employability skills.

 6         (6)  Participation in the program by students of

 7  compulsory school-attendance age as provided for in s. 1003.21

 8  shall be mandatory. All students of noncompulsory

 9  school-attendance age who have not received a high school

10  diploma or its equivalent shall participate in the educational

11  program, unless the student files a formal declaration of his

12  or her intent to terminate school enrollment as described in

13  s. 1003.21 and is afforded the opportunity to take the general

14  educational development test and attain a Florida high school

15  diploma prior to release from a facility. A youth who has

16  received a high school diploma or its equivalent and is not

17  employed shall participate in workforce development or other

18  career or technical education or community college or

19  university courses while in the program, subject to available

20  funding.

21         (7)  An academic improvement plan shall be developed

22  for students who score below the level specified in district

23  school board policy in reading, writing, and mathematics or

24  below the level specified by the Commissioner of Education on

25  statewide assessments as required by s. 1008.25. These plans

26  shall address academic, literacy, and life skills and shall

27  include provisions for intensive remedial instruction in the

28  areas of weakness.

29         (8)  Each district school board shall maintain an

30  academic record for each student enrolled in a juvenile

31  justice facility as prescribed by s. 1003.51. Such record


                                 385

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  shall delineate each course completed by the student according

 2  to procedures in the State Course Code Directory. The district

 3  school board shall include a copy of a student's academic

 4  record in the discharge packet when the student exits the

 5  facility.

 6         (9)  The Department of Education shall ensure that all

 7  district school boards make provisions for high school level

 8  committed youth to earn credits toward high school graduation

 9  while in residential and nonresidential juvenile justice

10  facilities. Provisions must be made for the transfer of

11  credits and partial credits earned.

12         (10)  The district school board shall recruit and train

13  teachers who are interested, qualified, or experienced in

14  educating students in juvenile justice programs. Students in

15  juvenile justice programs shall be provided a wide range of

16  educational programs and opportunities including textbooks,

17  technology, instructional support, and other resources

18  available to students in public schools. Teachers assigned to

19  educational programs in juvenile justice settings in which the

20  district school board operates the educational program shall

21  be selected by the district school board in consultation with

22  the director of the juvenile justice facility. Educational

23  programs in juvenile justice facilities shall have access to

24  the substitute teacher pool utilized by the district school

25  board. Full-time teachers working in juvenile justice schools,

26  whether employed by a district school board or a provider,

27  shall be eligible for the critical teacher shortage tuition

28  reimbursement program as defined by s. 1009.58.

29         (11)  District school boards may contract with a

30  private provider for the provision of educational programs to

31  youths placed with the Department of Juvenile Justice and


                                 386

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  shall generate local, state, and federal funding, including

 2  funding through the Florida Education Finance Program for such

 3  students. The district school board's planning and budgeting

 4  process shall include the needs of Department of Juvenile

 5  Justice programs in the district school board's plan for

 6  expenditures for state categorical and federal funds.

 7         (12)  The district school board shall fund the

 8  educational program in a Department of Juvenile Justice

 9  facility at the same or higher level of funding for equivalent

10  students in the district school system based on the funds

11  generated by state funding through the Florida Education

12  Finance Program for such students. It is the intent of the

13  Legislature that the school district maximize its available

14  local, state, and federal funding to a juvenile justice

15  program.

16         (a)  Juvenile justice educational programs shall be

17  funded in the appropriate FEFP program based on the

18  educational services needed by the student for Department of

19  Juvenile Justice programs in accordance with s. 1011.62.

20         (b)  Juvenile justice educational programs to receive

21  the appropriate FEFP funding for Department of Juvenile

22  Justice programs shall include those operated through a

23  contract with the Department of Juvenile Justice and which are

24  under purview of the Department of Juvenile Justice quality

25  assurance standards for education.

26         (c)  Consistent with the rules of the State Board of

27  Education, district school boards are required to request an

28  alternative FTE survey for Department of Juvenile Justice

29  programs experiencing fluctuations in student enrollment.

30         (d)  FTE count periods shall be prescribed in rules of

31  the State Board of Education and shall be the same for


                                 387

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  programs of the Department of Juvenile Justice as for other

 2  public school programs. The summer school period for students

 3  in Department of Juvenile Justice programs shall begin on the

 4  day immediately following the end of the regular school year

 5  and end on the day immediately preceding the subsequent

 6  regular school year. Students shall be funded for no more than

 7  25 hours per week of direct instruction.

 8         (13)  Each district school board shall negotiate a

 9  cooperative agreement with the Department of Juvenile Justice

10  on the delivery of educational services to youths under the

11  jurisdiction of the Department of Juvenile Justice. Such

12  agreement must include, but is not limited to:

13         (a)  Roles and responsibilities of each agency,

14  including the roles and responsibilities of contract

15  providers.

16         (b)  Administrative issues including procedures for

17  sharing information.

18         (c)  Allocation of resources including maximization of

19  local, state, and federal funding.

20         (d)  Procedures for educational evaluation for

21  educational exceptionalities and special needs.

22         (e)  Curriculum and delivery of instruction.

23         (f)  Classroom management procedures and attendance

24  policies.

25         (g)  Procedures for provision of qualified

26  instructional personnel, whether supplied by the district

27  school board or provided under contract by the provider, and

28  for performance of duties while in a juvenile justice setting.

29         (h)  Provisions for improving skills in teaching and

30  working with juvenile delinquents.

31  


                                 388

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (i)  Transition plans for students moving into and out

 2  of juvenile facilities.

 3         (j)  Procedures and timelines for the timely

 4  documentation of credits earned and transfer of student

 5  records.

 6         (k)  Methods and procedures for dispute resolution.

 7         (l)  Provisions for ensuring the safety of education

 8  personnel and support for the agreed-upon education program.

 9         (m)  Strategies for correcting any deficiencies found

10  through the quality assurance process.

11         (14)  Nothing in this section or in a cooperative

12  agreement shall be construed to require the district school

13  board to provide more services than can be supported by the

14  funds generated by students in the juvenile justice programs.

15         (15)(a)  The Department of Education in consultation

16  with the Department of Juvenile Justice, district school

17  boards, and providers shall establish objective and measurable

18  quality assurance standards for the educational component of

19  residential and nonresidential juvenile justice facilities.

20  These standards shall rate the district school board's

21  performance both as a provider and contractor. The quality

22  assurance rating for the educational component shall be

23  disaggregated from the overall quality assurance score and

24  reported separately.

25         (b)  The Department of Education shall develop a

26  comprehensive quality assurance review process and schedule

27  for the evaluation of the educational component in juvenile

28  justice programs. The Department of Juvenile Justice quality

29  assurance site visit and the education quality assurance site

30  visit shall be conducted during the same visit.

31  


                                 389

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (c)  The Department of Education, in consultation with

 2  district school boards and providers, shall establish minimum

 3  thresholds for the standards and key indicators for

 4  educational programs in juvenile justice facilities. If a

 5  district school board fails to meet the established minimum

 6  standards, it will be given 6 months to achieve compliance

 7  with the standards. If after 6 months, the district school

 8  board's performance is still below minimum standards, the

 9  Department of Education shall exercise sanctions as prescribed

10  by rules adopted by the State Board of Education. If a

11  provider, under contract with the district school board, fails

12  to meet minimum standards, such failure shall cause the

13  district school board to cancel the provider's contract unless

14  the provider achieves compliance within 6 months or unless

15  there are documented extenuating circumstances.

16         (16)  The district school board shall not be charged

17  any rent, maintenance, utilities, or overhead on such

18  facilities. Maintenance, repairs, and remodeling of existing

19  facilities shall be provided by the Department of Juvenile

20  Justice.

21         (17)  When additional facilities are required, the

22  district school board and the Department of Juvenile Justice

23  shall agree on the appropriate site based on the instructional

24  needs of the students. When the most appropriate site for

25  instruction is on district school board property, a special

26  capital outlay request shall be made by the commissioner in

27  accordance with s. 1013.60. When the most appropriate site is

28  on state property, state capital outlay funds shall be

29  requested by the Department of Juvenile Justice provided by s.

30  216.043 and shall be submitted as specified by s. 216.023.

31  Any instructional facility to be built on state property shall


                                 390

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  have educational specifications jointly developed by the

 2  district school board and the Department of Juvenile Justice

 3  and approved by the Department of Education.  The size of

 4  space and occupant design capacity criteria as provided by

 5  State Board of Education rules shall be used for remodeling or

 6  new construction whether facilities are provided on state

 7  property or district school board property.

 8         (18)  The parent of an exceptional student shall have

 9  the due process rights provided for in chapter 1003.

10         (19)  Department of Juvenile Justice detention and

11  commitment programs may be designated as second chance schools

12  pursuant to s. 1003.53(1)(d). Admission to such programs shall

13  be governed by chapter 985.

14         (20)  The Department of Education and the Department of

15  Juvenile Justice, after consultation with and assistance from

16  local providers and district school boards, shall report

17  annually to the Legislature by February 1 on the progress

18  towards developing effective educational programs for juvenile

19  delinquents, including the amount of funding provided by

20  district school boards to juvenile justice programs, the

21  amount retained for administration including documenting the

22  purposes for such expenses, the status of the development of

23  cooperative agreements, the results of the quality assurance

24  reviews including recommendations for system improvement, and

25  information on the identification of, and services provided

26  to, exceptional students in juvenile justice commitment

27  facilities to determine whether these students are properly

28  reported for funding and are appropriately served.

29         (21)  The educational programs at the Arthur Dozier

30  School for Boys in Jackson County and the Florida School for

31  Boys in Okeechobee shall be operated by the Department of


                                 391

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Education, either directly or through grants or contractual

 2  agreements with other public or duly accredited education

 3  agencies approved by the Department of Education.

 4         (22)  The State Board of Education may adopt any rules

 5  necessary to implement the provisions of this section,

 6  including uniform curriculum, funding, and second chance

 7  schools. Such rules shall require the minimum amount of

 8  paperwork and reporting.

 9         (23)  The Department of Juvenile Justice and the

10  Department of Education shall, in consultation with the

11  statewide Workforce Development Youth Council, district school

12  boards, providers, and others, jointly develop a multiagency

13  plan for career and technical education which describes the

14  curriculum, goals, and outcome measures for career and

15  technical education programming in juvenile commitment

16  facilities, pursuant to s. 985.3155.

17         Section 147.  Section 1003.53, Florida Statutes, is

18  created to read:

19         1003.53  Dropout prevention and academic

20  intervention.--

21         (1)(a)  Dropout prevention and academic intervention

22  programs may differ from traditional educational programs and

23  schools in scheduling, administrative structure, philosophy,

24  curriculum, or setting and shall employ alternative teaching

25  methodologies, curricula, learning activities, and diagnostic

26  and assessment procedures in order to meet the needs,

27  interests, abilities, and talents of eligible students. The

28  educational program shall provide curricula, character

29  development and law education, and related services that

30  support the program goals and lead to improved performance in

31  the areas of academic achievement, attendance, and discipline.


                                 392

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Student participation in such programs shall be voluntary.

 2  District school boards may, however, assign students to a

 3  program for disruptive students. Notwithstanding any other

 4  provision of law to the contrary, no student shall be

 5  identified as being eligible to receive services funded

 6  through the dropout prevention and academic intervention

 7  program based solely on the student being from a single-parent

 8  family.

 9         (b)  Students in grades 1-12 shall be eligible for

10  dropout prevention and academic intervention programs.

11  Eligible students shall be reported in the appropriate basic

12  cost factor in the Florida Education Finance Program. The

13  strategies and supports provided to eligible students shall be

14  funded through the General Appropriations Act and may include,

15  but are not limited to, those services identified on the

16  student's academic intervention plan.

17         (c)  A student shall be identified as being eligible to

18  receive services funded through the dropout prevention and

19  academic intervention program based upon one of the following

20  criteria:

21         1.  The student is academically unsuccessful as

22  evidenced by low test scores, retention, failing grades, low

23  grade point average, falling behind in earning credits, or not

24  meeting the state or district proficiency levels in reading,

25  mathematics, or writing.

26         2.  The student has a pattern of excessive absenteeism

27  or has been identified as a habitual truant.

28         3.  The student has a history of disruptive behavior in

29  school or has committed an offense that warrants out-of-school

30  suspension or expulsion from school according to the district

31  


                                 393

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  school board's code of student conduct. For the purposes of

 2  this program, "disruptive behavior" is behavior that:

 3         a.  Interferes with the student's own learning or the

 4  educational process of others and requires attention and

 5  assistance beyond that which the traditional program can

 6  provide or results in frequent conflicts of a disruptive

 7  nature while the student is under the jurisdiction of the

 8  school either in or out of the classroom; or

 9         b.  Severely threatens the general welfare of students

10  or others with whom the student comes into contact.

11         (d)1.  "Second chance schools" means district school

12  board programs provided through cooperative agreements between

13  the Department of Juvenile Justice, private providers, state

14  or local law enforcement agencies, or other state agencies for

15  students who have been disruptive or violent or who have

16  committed serious offenses. As partnership programs, second

17  chance schools are eligible for waivers by the Commissioner of

18  Education from State Board of Education rules that prevent the

19  provision of appropriate educational services to violent,

20  severely disruptive, or delinquent students in small

21  nontraditional settings or in court-adjudicated settings.

22         2.  District school boards seeking to enter into a

23  partnership with a private entity or public entity to operate

24  a second chance school for disruptive students may apply to

25  the Department of Education for startup grants. These grants

26  must be available for 1 year and must be used to offset the

27  startup costs for implementing such programs off public school

28  campuses. General operating funds must be generated through

29  the appropriate programs of the Florida Education Finance

30  Program. Grants approved under this program shall be for the

31  full operation of the school by a private nonprofit or


                                 394

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  for-profit provider or the public entity. This program must

 2  operate under rules adopted by the State Board of Education

 3  and be implemented to the extent funded by the Legislature.

 4         3.  A student enrolled in a sixth, seventh, eighth,

 5  ninth, or tenth grade class may be assigned to a second chance

 6  school if the student meets the following criteria:

 7         a.  The student is a habitual truant as defined in s.

 8  1003.01.

 9         b.  The student's excessive absences have detrimentally

10  affected the student's academic progress and the student may

11  have unique needs that a traditional school setting may not

12  meet.

13         c.  The student's high incidences of truancy have been

14  directly linked to a lack of motivation.

15         d.  The student has been identified as at risk of

16  dropping out of school.

17         4.  A student who is habitually truant may be assigned

18  to a second chance school only if the case staffing committee,

19  established pursuant to s. 984.12, determines that such

20  placement could be beneficial to the student and the criteria

21  included in subparagraph 3. are met.

22         5.  A student may be assigned to a second chance school

23  if the district school board in which the student resides has

24  a second chance school and if the student meets one of the

25  following criteria:

26         a.  The student habitually exhibits disruptive behavior

27  in violation of the code of student conduct adopted by the

28  district school board.

29         b.  The student interferes with the student's own

30  learning or the educational process of others and requires

31  attention and assistance beyond that which the traditional


                                 395

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  program can provide, or, while the student is under the

 2  jurisdiction of the school either in or out of the classroom,

 3  frequent conflicts of a disruptive nature occur.

 4         c.  The student has committed a serious offense which

 5  warrants suspension or expulsion from school according to the

 6  district school board's code of student conduct.  For the

 7  purposes of this program, "serious offense" is behavior which:

 8         (I)  Threatens the general welfare of students or

 9  others with whom the student comes into contact;

10         (II)  Includes violence;

11         (III)  Includes possession of weapons or drugs; or

12         (IV)  Is harassment or verbal abuse of school personnel

13  or other students.

14         6.  Prior to assignment of students to second chance

15  schools, district school boards are encouraged to use

16  alternative programs, such as in-school suspension, which

17  provide instruction and counseling leading to improved student

18  behavior, a reduction in the incidence of truancy, and the

19  development of more effective interpersonal skills.

20         7.  Students assigned to second chance schools must be

21  evaluated by the district school board's child study team

22  before placement in a second chance school. The study team

23  shall ensure that students are not eligible for placement in a

24  program for emotionally disturbed children.

25         8.  Students who exhibit academic and social progress

26  and who wish to return to a traditional school shall complete

27  a character development and law education program and

28  demonstrate preparedness to reenter the regular school setting

29  prior to reentering a traditional school.

30         (2)(a)  Each district school board may establish

31  dropout prevention and academic intervention programs at the


                                 396

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  elementary, middle, junior high school, or high school level.

 2  Programs designed to eliminate patterns of excessive

 3  absenteeism or habitual truancy shall emphasize academic

 4  performance and may provide specific instruction in the areas

 5  of career education, preemployment training, and behavioral

 6  management. Such programs shall utilize instructional teaching

 7  methods appropriate to the specific needs of the student.

 8         (b)  Each school that establishes a dropout prevention

 9  and academic intervention program at that school site shall

10  reflect that program in the school improvement plan as

11  required under s. 1001.42(16).

12         (3)  Each district school board receiving state funding

13  for dropout prevention and academic intervention programs

14  through the General Appropriations Act shall submit

15  information through an annual report to the Department of

16  Education's database documenting the extent to which each of

17  the district's dropout prevention and academic intervention

18  programs has been successful in the areas of graduation rate,

19  dropout rate, attendance rate, and retention/promotion rate.

20  The department shall compile this information into an annual

21  report which shall be submitted to the presiding officers of

22  the Legislature by February 15.

23         (4)  Each district school board shall establish

24  procedures for ensuring that teachers assigned to dropout

25  prevention and academic intervention programs possess the

26  affective, pedagogical, and content-related skills necessary

27  to meet the needs of these students.

28         (5)  Each district school board providing a dropout

29  prevention and academic intervention program pursuant to this

30  section shall maintain for each participating student records

31  documenting the student's eligibility, the length of


                                 397

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  participation, the type of program to which the student was

 2  assigned or the type of academic intervention services

 3  provided, and an evaluation of the student's academic and

 4  behavioral performance while in the program. The school

 5  principal or his or her designee shall, prior to placement in

 6  a dropout prevention and academic intervention program or the

 7  provision of an academic service, provide written notice of

 8  placement or services by certified mail, return receipt

 9  requested, to the student's parent. The parent of the student

10  shall sign an acknowledgment of the notice of placement or

11  service and return the signed acknowledgment to the principal

12  within 3 days after receipt of the notice. The parents of a

13  student assigned to such a dropout prevention and academic

14  intervention program shall be notified in writing and entitled

15  to an administrative review of any action by school personnel

16  relating to such placement pursuant to the provisions of

17  chapter 120.

18         (6)  District school board dropout prevention and

19  academic intervention programs shall be coordinated with

20  social service, law enforcement, prosecutorial, and juvenile

21  justice agencies and juvenile assessment centers in the school

22  district. Notwithstanding the provisions of s. 1002.22, these

23  agencies are authorized to exchange information contained in

24  student records and juvenile justice records. Such information

25  is confidential and exempt from the provisions of s.

26  119.07(1). District school boards and other agencies receiving

27  such information shall use the information only for official

28  purposes connected with the certification of students for

29  admission to and for the administration of the dropout

30  prevention and academic intervention program, and shall

31  


                                 398

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  maintain the confidentiality of such information unless

 2  otherwise provided by law or rule.

 3         (7)  The State Board of Education shall have the

 4  authority pursuant to ss. 120.536(1) and 120.54 to adopt rules

 5  necessary to implement the provisions of this section; such

 6  rules shall require the minimum amount of necessary paperwork

 7  and reporting.

 8         Section 148.  Section 1003.54, Florida Statutes, is

 9  created to read:

10         1003.54  Teenage parent programs.--

11         (1)  Each district school board shall maintain a

12  teenage parent program.

13         (2)  "Teenage parent programs" means educational

14  programs designed to provide a specialized curriculum to meet

15  the needs of students who are pregnant or students who are

16  mothers or fathers and the children of the students.

17         (3)(a)  The program shall provide pregnant students or

18  students who are parents and the children of these students

19  with a comprehensive teenage parent program. The program shall

20  provide pregnant students or students who are parents with the

21  option of participating in regular classroom activities or

22  enrolling in a special program designed to meet their needs

23  pursuant to s. 1003.21. Students participating in teenage

24  parent programs shall be exempt from minimum attendance

25  requirements for absences related to pregnancy or parenting,

26  but shall be required to make up work missed due to absence.

27         (b)  The curriculum shall include instruction in such

28  topics as prenatal and postnatal health care, parenting

29  skills, benefits of sexual abstinence, and consequences of

30  subsequent pregnancies. Parenting skills should include

31  instruction in the stages of child growth and development,


                                 399

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  methods for aiding in the intellectual, language, physical,

 2  and social development of children, and guidance on

 3  constructive play activities.

 4         (c)  Provision for necessary child care, health care,

 5  social services, parent education, and transportation shall be

 6  ancillary service components of teenage parent programs.

 7  Ancillary services may be provided through the coordination of

 8  existing programs and services and through joint agreements

 9  between district school boards and local school readiness

10  coalitions or other appropriate public and private providers.

11         (d)  The district school board shall make adequate

12  provisions for pregnant and parenting teenagers to complete

13  the coursework necessary to earn a high school diploma.

14         (e)  Children enrolled in child care provided by the

15  district shall be funded at the special program cost factor

16  pursuant to s. 1011.62 if the parent or parents are enrolled

17  full time in a public school in the district.

18         (4)  Districts may modify courses listed in the State

19  Course Code Directory for the purpose of providing teenage

20  parent programs pursuant to the provisions of this section.

21  Such modifications must be approved by the commissioner and

22  may include lengthening or shortening of the school time

23  allotted for in-class study, alternate methods of assessment

24  of student performance, and the integration of curriculum

25  frameworks or student performance standards to produce

26  interdisciplinary units of instruction.

27         (5)  The State Board of Education shall adopt rules

28  necessary to implement the provisions of this section.

29         Section 149.  Section 1003.55, Florida Statutes, is

30  created to read:

31  


                                 400

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         1003.55  Instructional programs for blind or visually

 2  impaired students and deaf or hard-of-hearing students.--

 3         (1)  The Department of Education may establish a

 4  coordinating unit and instructional materials center for

 5  visually impaired students and deaf or hard-of-hearing

 6  students to provide staff and resources for the coordination,

 7  cataloging, standardizing, producing, procuring, storing, and

 8  distributing of braille, large print, tangible apparatus,

 9  captioned films and video tapes, and other specialized

10  educational materials needed by these students and other

11  exceptional students. The coordinating unit shall have as its

12  major purpose the improvement of instructional programs for

13  visually impaired students and deaf or hard-of-hearing

14  students and may, as a second priority, extend appropriate

15  services to other exceptional students, consistent with

16  provisions and criteria established, to the extent that

17  resources are available.

18         (2)  The unit shall be operated under rules adopted by

19  the State Board of Education.

20         (3)  As used in this section, the term:

21         (a)  "Blind student" means a student who is eligible

22  for special education services and who:

23         1.  Has a visual acuity of 20/200 or less in the better

24  eye with correcting lenses or has a limited field of vision

25  such that the widest diameter subtends an angular distance of

26  no greater than 20 degrees; or

27         2.  Has a medically indicated expectation of visual

28  deterioration.

29         (b)  "Braille" means the system of reading and writing

30  through touch commonly known as standard English braille.

31  


                                 401

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (c)  "Individualized education program" means a written

 2  statement developed for a student eligible for special

 3  education services pursuant to s. 602(a)(20), Part A of the

 4  Individuals with Disabilities Education Act, 20 U.S.C. s.

 5  1401(a).

 6         (4)  In developing an individualized written education

 7  program for each blind student, the presumption shall be that

 8  blind students can communicate effectively and efficiently

 9  with the same level of proficiency expected of the students'

10  peers of comparable ability and grade level.  Accordingly,

11  proficiency in reading and writing braille shall be considered

12  during the individualized planning and assessment processes in

13  this context.

14         (5)  Any publisher of a textbook adopted pursuant to

15  the state instructional materials adoption process shall

16  furnish the Department of Education with a computer file in an

17  electronic format specified by the department at least 2 years

18  in advance that is readily translatable to braille and can be

19  used for large print or speech access.  Any textbook

20  reproduced pursuant to the provisions of this subsection shall

21  be purchased at a price equal to the price paid for the

22  textbook as adopted.  The Department of Education shall not

23  reproduce textbooks obtained pursuant to this subsection in

24  any manner that would generate revenues for the department

25  from the use of such computer files or that would preclude the

26  rightful payment of fees to the publisher for use of all or

27  some portion of the textbook.

28         Section 150.  Section 1003.56, Florida Statutes, is

29  created to read:

30         1003.56  English language instruction for limited

31  English proficient students.--


                                 402

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (1)  Instruction in the English language shall be

 2  provided to limited English proficient students.  Such

 3  instruction shall be designed to develop the student's mastery

 4  of the four language skills, including listening, speaking,

 5  reading, and writing, as rapidly as possible.

 6         (2)(a)  "Limited English proficient" or "limited

 7  English proficiency," when used with reference to an

 8  individual, means:

 9         1.a.  An individual who was not born in the United

10  States and whose native language is a language other than

11  English;

12         b.  An individual who comes from a home environment

13  where a language other than English is spoken in the home; or

14         c.  An individual who is an American Indian or Alaskan

15  native and who comes from an environment where a language

16  other than English has had a significant impact on his or her

17  level of English language proficiency; and

18         2.  Who, by reason thereof, has sufficient difficulty

19  speaking, reading, writing, or listening to the English

20  language to deny such individual the opportunity to learn

21  successfully in classrooms where the language of instruction

22  is English.

23         (b)  "Home language" or "native language," when used

24  with reference to an individual of limited English

25  proficiency, means the language normally used by such

26  individual or, in the case of a student, the language normally

27  used by the parents of the student.

28         (c)  "ESOL" means English for Speakers of Other

29  Languages and:

30         1.  When modifying instruction, the strategy used to

31  teach limited English proficient students; or


                                 403

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         2.  When modifying program, the program funded in the

 2  Florida Education Finance Program, listed under English for

 3  Speakers of Other Languages in s. 1011.62.

 4         (3)  Each district school board shall implement the

 5  following procedures:

 6         (a)  Develop and submit a plan for providing English

 7  language instruction for limited English proficient students

 8  to the Department of Education for review and approval.

 9         (b)  Identify limited English proficient students

10  through assessment.

11         (c)  Provide for student exit from and reclassification

12  into the program.

13         (d)  Provide limited English proficient students ESOL

14  instruction in English and ESOL instruction or home language

15  instruction in the basic subject areas of reading,

16  mathematics, science, social studies, and computer literacy.

17         (e)  Maintain a student plan.

18         (f)  Provide qualified teachers.

19         (g)  Provide equal access to other programs for

20  eligible limited English proficient students based on need.

21         (h)  Provide for parental involvement in the program.

22         (4)  Each district school board's program for limited

23  English proficient students shall be evaluated and monitored

24  periodically.

25         (5)  The State Board of Education shall adopt rules for

26  the purpose of implementing this section.

27         Section 151.  Section 1003.57, Florida Statutes, is

28  created to read:

29         1003.57  Exceptional students instruction.--Each

30  district school board shall provide for an appropriate program

31  of special instruction, facilities, and services for


                                 404

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  exceptional students as prescribed by the State Board of

 2  Education as acceptable, including provisions that:

 3         (1)  The district school board provide the necessary

 4  professional services for diagnosis and evaluation of

 5  exceptional students.

 6         (2)  The district school board provide the special

 7  instruction, classes, and services, either within the district

 8  school system, in cooperation with other district school

 9  systems, or through contractual arrangements with approved

10  private schools or community facilities that meet standards

11  established by the commissioner.

12         (3)  The district school board annually provide

13  information describing the Florida School for the Deaf and the

14  Blind and all other programs and methods of instruction

15  available to the parent of a sensory-impaired student.

16         (4)  The district school board, once every 3 years,

17  submit to the department its proposed procedures for the

18  provision of special instruction and services for exceptional

19  students.

20         (5)  No student be given special instruction or

21  services as an exceptional student until after he or she has

22  been properly evaluated, classified, and placed in the manner

23  prescribed by rules of the State Board of Education. The

24  parent of an exceptional student evaluated and placed or

25  denied placement in a program of special education shall be

26  notified of each such evaluation and placement or denial. Such

27  notice shall contain a statement informing the parent that he

28  or she is entitled to a due process hearing on the

29  identification, evaluation, and placement, or lack thereof.

30  Such hearings shall be exempt from the provisions of ss.

31  120.569, 120.57, and 286.011, except to the extent that the


                                 405

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  State Board of Education adopts rules establishing other

 2  procedures and any records created as a result of such

 3  hearings shall be confidential and exempt from the provisions

 4  of s. 119.07(1). The hearing must be conducted by an

 5  administrative law judge from the Division of Administrative

 6  Hearings of the Department of Management Services. The

 7  decision of the administrative law judge shall be final,

 8  except that any party aggrieved by the finding and decision

 9  rendered by the administrative law judge shall have the right

10  to bring a civil action in the circuit court. In such an

11  action, the court shall receive the records of the

12  administrative hearing and shall hear additional evidence at

13  the request of either party. In the alternative, any party

14  aggrieved by the finding and decision rendered by the

15  administrative law judge shall have the right to request an

16  impartial review of the administrative law judge's order by

17  the district court of appeal as provided by s. 120.68.

18  Notwithstanding any law to the contrary, during the pendency

19  of any proceeding conducted pursuant to this section, unless

20  the district school board and the parents otherwise agree, the

21  student shall remain in his or her then-current educational

22  assignment or, if applying for initial admission to a public

23  school, shall be assigned, with the consent of the parents, in

24  the public school program until all such proceedings have been

25  completed.

26         (6)  In providing for the education of exceptional

27  students, the district school superintendent, principals, and

28  teachers shall utilize the regular school facilities and adapt

29  them to the needs of exceptional students to the maximum

30  extent appropriate. Segregation of exceptional students shall

31  occur only if the nature or severity of the exceptionality is


                                 406

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  such that education in regular classes with the use of

 2  supplementary aids and services cannot be achieved

 3  satisfactorily.

 4         (7)  In addition to the services agreed to in a

 5  student's individual education plan, the district school

 6  superintendent shall fully inform the parent of a student

 7  having a physical or developmental disability of all available

 8  services that are appropriate for the student's disability.

 9  The superintendent shall provide the student's parent with a

10  summary of the student's rights.

11         Section 152.  Section 1003.58, Florida Statutes, is

12  created to read:

13         1003.58  Students in residential care facilities.--Each

14  district school board shall provide educational programs

15  according to rules of the State Board of Education to students

16  who reside in residential care facilities operated by the

17  Department of Children and Family Services.

18         (1)  The district school board shall not be charged any

19  rent, maintenance, utilities, or overhead on such facilities.

20  Maintenance, repairs, and remodeling of existing facilities

21  shall be provided by the Department of Children and Family

22  Services.

23         (2)  If additional facilities are required, the

24  district school board and the Department of Children and

25  Family Services shall agree on the appropriate site based on

26  the instructional needs of the students.  When the most

27  appropriate site for instruction is on district school board

28  property, a special capital outlay request shall be made by

29  the commissioner in accordance with s. 1013.60. When the most

30  appropriate site is on state property, state capital outlay

31  funds shall be requested by the Department of Children and


                                 407

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Family Services as provided by s. 216.043 and shall be

 2  submitted as specified by s. 216.023. Any instructional

 3  facility to be built on state property shall have educational

 4  specifications jointly developed by the school district and

 5  the Department of Children and Family Services and approved by

 6  the Department of Education. The size of space and occupant

 7  design capacity criteria as provided by state board rules

 8  shall be used for remodeling or new construction whether

 9  facilities are provided on state property or district school

10  board property. The planning of such additional facilities

11  shall incorporate current Department of Children and Family

12  Services deinstitutionalization plans.

13         (3)  The district school board shall have full and

14  complete authority in the matter of the assignment and

15  placement of such students in educational programs. The parent

16  of an exceptional student shall have the same due process

17  rights as are provided under s. 1003.57(5).

18         (4)  The district school board shall have a written

19  agreement with the Department of Children and Family Services

20  outlining the respective duties and responsibilities of each

21  party.

22  

23  Notwithstanding the provisions herein, the educational program

24  at the Marianna Sunland Center in Jackson County shall be

25  operated by the Department of Education, either directly or

26  through grants or contractual agreements with other public or

27  duly accredited educational agencies approved by the

28  Department of Education.

29         Section 153.  Part VI of chapter 1003, Florida

30  Statutes, shall be entitled "Pilot Public K-12 Education

31  Programs" and shall consist of ss. 1003.61-1003.63.


                                 408

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 154.  Section 1003.61, Florida Statutes, is

 2  created to read:

 3         1003.61  Pilot attendance project.--It is the purpose

 4  of this section to require the Manatee County District School

 5  Board to implement a pilot project that raises the compulsory

 6  age of attendance for children from the age of 16 years to the

 7  age of 18 years. The pilot project applies to each child who

 8  has not attained the age of 16 years by September 30 of the

 9  school year in which a school board policy is adopted.

10         (1)  Beginning July 1, 1999, the Manatee County

11  District School Board shall implement a pilot project

12  consistent with policy adopted by the school board to raise

13  the compulsory age of attendance for children from the age of

14  16 years to the age of 18 years.

15         (2)  The district school board must, before the

16  beginning of the school year, adopt a policy for raising the

17  compulsory age of attendance for children from the age of 16

18  years to 18 years.

19         (a)  Before the adoption of the policy, the district

20  school board must provide a notice of intent to adopt a policy

21  to raise the compulsory age of attendance for children from

22  the age of 16 years to the age of 18 years. The notice must be

23  provided to the parent of each child who is 15 years of age

24  and who is enrolled in a school in the district.

25         (b)  Within 2 weeks after adoption of the school board

26  policy, the district school board must provide notice of the

27  policy to the parent of each child who is 15 years of age and

28  who is enrolled in a school in the district. The notice must

29  also provide information related to the penalties for refusing

30  or failing to comply with the compulsory attendance

31  


                                 409

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  requirements and information on alternative education programs

 2  offered within the school district.

 3         (3)  All state laws and State Board of Education rules

 4  related to students subject to compulsory school attendance

 5  apply to the district school board. Notwithstanding the

 6  provisions of s. 1003.21, the formal declaration of intent to

 7  terminate school enrollment does not apply to the district

 8  school board.

 9         (4)  The district school board must evaluate the effect

10  of its adopted policy raising the compulsory age of attendance

11  on school attendance and on the school district's dropout

12  rate, as well as on the costs associated with the pilot

13  project. The school district shall report its findings to the

14  President of the Senate, the Speaker of the House of

15  Representatives, the minority leader of each house of the

16  Legislature, the Governor, and the Commissioner of Education

17  not later than August 1 following each year that the pilot

18  project is in operation.

19         Section 155.  Section 1003.62, Florida Statutes, is

20  created to read:

21         1003.62  Charter school districts pilot program.--The

22  State Board of Education is authorized to enter into a

23  performance contract with up to six district school boards for

24  the purpose of establishing them as charter school districts.

25  The State Board of Education shall give priority to

26  Hillsborough and Volusia Counties upon the submission of a

27  completed precharter agreement or charter proposal for a

28  charter school district.  The purpose of this pilot program is

29  to examine a new relationship between the State Board of

30  Education and district school boards that may produce

31  significant improvements in student achievement and school


                                 410

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  management, while complying with constitutional requirements

 2  assigned to each entity.

 3         (1)  CHARTER DISTRICT.--A charter school district is a

 4  school district in Florida in which the district school board

 5  has submitted and the State Board of Education has approved a

 6  charter proposal that exchanges statutory and rule exemption

 7  for agreement to meet performance goals in the proposal.  The

 8  charter school district shall be chartered for 3 years, at the

 9  end of which the performance shall be evaluated.

10         (2)  EXEMPTION FROM STATUTES AND RULES.--Charter school

11  districts shall be exempt from state statutes and specified

12  State Board of Education rules. The district school board of a

13  charter school district shall not be exempt from any statute

14  governing election of district school board members, public

15  meetings and public records requirements, financial

16  disclosure, conflicts of interest, operation in the sunshine,

17  or any provisions outside the Florida K-20 Education Code.

18         (3)  GOVERNING BOARD.--The governing board of the

19  charter school district shall be the duly elected district

20  school board.  The district school board shall be responsible

21  for supervising the schools in the charter district and is

22  authorized to charter each of its existing public schools

23  pursuant to s. 1002.33, apply for deregulation of its public

24  schools pursuant to s. 1003.63, or otherwise establish

25  performance-based contractual relationships with its public

26  schools for the purpose of giving them greater autonomy with

27  accountability for performance.

28         (4)  PRECHARTER AGREEMENT.--The State Board of

29  Education is authorized to approve a precharter agreement with

30  a potential charter district.  The agreement may grant limited

31  


                                 411

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  flexibility and direction for developing the full charter

 2  proposal.

 3         (5)  TIME PERIOD FOR PILOT.--The pilot program shall be

 4  authorized for a period of 3 full school years commencing with

 5  award of a charter. The charter may be renewed upon action of

 6  the State Board of Education.

 7         (6)  REPORTS.--The State Board of Education shall

 8  annually report on the implementation of the charter school

 9  district pilot program.  Upon the completion of the first

10  3-year term, the State Board of Education, through the

11  Commissioner of Education, shall submit to the Legislature a

12  full evaluation of the effectiveness of the program.

13         (7)  RULEMAKING.--The State Board of Education shall

14  have the authority to enact rules to implement this section in

15  accordance with ss. 120.536 and 120.54.

16         Section 156.  Section 1003.63, Florida Statutes, is

17  created to read:

18         1003.63  Deregulated public schools pilot program.--

19         (1)  PILOT PROGRAM.--To provide public schools the same

20  flexibility and accountability afforded charter schools, pilot

21  programs for deregulated public schools shall be conducted.

22  The following districts are authorized to conduct pilot

23  programs in 1998-1999: Palm Beach, Pinellas, Seminole, Leon,

24  Walton, and Citrus Counties. The schools and district school

25  boards which are participating in the pilot program as of

26  January 1, 1999, are authorized to continue the pilot program

27  through the 2003-2004 school year. Lee County is authorized to

28  conduct the pilot program beginning in the 1999-2000 school

29  year through the 2003-2004 school year.

30         (2)  PURPOSE.--The purpose of the pilot program for

31  deregulated public schools shall be to:


                                 412

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (a)  Improve student learning.

 2         (b)  Increase learning opportunities for all students,

 3  with special emphasis on expanded learning experiences for

 4  students who are identified as academically low achieving.

 5         (c)  Encourage the use of different and innovative

 6  learning methods.

 7         (d)  Increase choice of learning opportunities for

 8  students.

 9         (e)  Establish a new form of accountability for

10  schools.

11         (f)  Require the measurement of learning outcomes and

12  create innovative measurement tools.

13         (g)  Make the school the unit for improvement.

14         (h)  Relieve schools of paperwork and procedures that

15  are required by the state and the district school board for

16  purposes other than health, safety, equal opportunity, fiscal

17  accountability and documentation of student achievement.

18         (3)  PROPOSAL.--

19         (a)  A proposal to be a deregulated school must be

20  developed by the school principal and the school advisory

21  council. A majority of the members of the school advisory

22  council must approve the proposal, and the principal and the

23  school advisory council chair must sign the proposal. At least

24  50 percent of the teachers employed at the school must approve

25  the proposal. The school must conduct a survey to show

26  parental support for the proposal.

27         (b)  A district school board shall receive and review

28  all proposals for a deregulated public school. A district

29  school board must by a majority vote approve or deny a

30  proposal no later than 30 days after the proposal is received.

31  If a proposal is denied, the district school board must,


                                 413

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  within 10 calendar days, articulate in writing the specific

 2  reasons based upon good cause supporting its denial of the

 3  proposal.

 4         (c)  The Department of Education may provide technical

 5  assistance to an applicant upon written request.

 6         (d)  The terms and conditions for the operation of a

 7  deregulated public school shall be set forth in the proposal.

 8  The district school board shall not impose unreasonable rules

 9  or regulations that violate the intent of giving schools

10  greater flexibility to meet educational goals.

11         (4)  ELIGIBLE STUDENTS.--

12         (a)  A deregulated school shall be open to all students

13  residing in the school's attendance boundaries as determined

14  by the district school board.

15         (b)  The deregulated public school shall have maximum

16  flexibility to enroll students under the district school board

17  open enrollment plan.

18         (5)  REQUIREMENTS.--Like other public schools, a

19  deregulated public school shall:

20         (a)  Be nonsectarian in its programs, admission

21  policies, employment practices, and operations.

22         (b)  Not charge tuition or fees, except those fees

23  normally charged by other public schools.

24         (c)  Meet all applicable state and local health,

25  safety, and civil rights requirements.

26         (d)  Not violate the antidiscrimination provisions of

27  s. 1000.05.

28         (e)  Be subject to an annual financial audit in a

29  manner similar to that of other public schools in the

30  district.

31  


                                 414

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (6)  ELEMENTS OF THE PROPOSAL.--The major issues

 2  involving the operation of a deregulated public school shall

 3  be considered in advance and written into the proposal.

 4         (a)  The proposal shall address, and criteria for

 5  approval of the proposal shall be based on:

 6         1.  The school's mission and the students to be served.

 7         2.  The focus of the curriculum, the instructional

 8  methods to be used, and any distinctive instructional

 9  techniques to be employed.

10         3.  The current baseline standard of achievement and

11  the outcomes to be achieved and the method of measurement that

12  will be used.

13         4.  The methods used to identify the educational

14  strengths and needs of students and how well educational goals

15  and performance standards are met by students attending the

16  school. Students in deregulated public schools shall, at a

17  minimum, participate in the statewide assessment program.

18         5.  In secondary schools, a method for determining that

19  a student has satisfied the requirements for graduation in s.

20  1003.43.

21         6.  A method for resolving conflicts between the school

22  and the district.

23         7.  The admissions procedures and dismissal procedures,

24  including the school's code of student conduct.

25         8.  The ways by which the school's racial/ethnic

26  balance reflects the community it serves or reflects the

27  racial/ethnic range of other public schools in the same school

28  district.

29         9.  The financial and administrative management of the

30  school including a statement of the areas in which the school

31  will have administrative and fiscal autonomy and the areas in


                                 415

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  which the school will follow district school board fiscal and

 2  administrative policies.

 3         10.  The manner in which the school will be insured,

 4  including whether or not the school will be required to have

 5  liability insurance, and, if so, the terms and conditions

 6  thereof and the amounts of coverage.

 7         11.  The qualifications to be required of the teachers.

 8         (b)  The school shall make annual progress reports to

 9  the district, which upon verification shall be forwarded to

10  the Commissioner of Education at the same time as other annual

11  school accountability reports.  The report shall contain at

12  least the following information:

13         1.  The school's progress towards achieving the goals

14  outlined in its proposal.

15         2.  The information required in the annual school

16  report pursuant to s. 1008.345.

17         3.  Financial records of the school, including revenues

18  and expenditures.

19         4.  Salary and benefit levels of school employees.

20         (c)  A district school board shall ensure that the

21  proposal is innovative and consistent with the state education

22  goals established by s. 1000.03(5).

23         (d)  Upon receipt of the annual report required by

24  paragraph (b), the Department of Education shall provide the

25  State Board of Education, the Commissioner of Education, the

26  President of the Senate, and the Speaker of the House of

27  Representatives with a copy of each report and an analysis and

28  comparison of the overall performance of students, to include

29  all students in deregulated public schools whose scores are

30  counted as part of the statewide assessment tests, versus

31  comparable public school students in the district as


                                 416

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  determined by FCAT and district assessment tests and, as

 2  appropriate, the Florida Writes Assessment Test, and other

 3  assessments administered pursuant to s. 1008.22(3).

 4         (7)  EXEMPTION FROM STATUTES.--

 5         (a)  A deregulated public school shall operate in

 6  accordance with its proposal and shall be exempt from all

 7  statutes of the Florida K-20 Education Code, except those

 8  pertaining to civil rights and student health, safety, and

 9  welfare, or as otherwise required by this section. A

10  deregulated public school shall not be exempt from the

11  following statutes: chapter 119, relating to public records,

12  and s. 286.011, relating to public meetings and records,

13  public inspection, and penalties. The school district, upon

14  request of a deregulated public school, may apply to the State

15  Board of Education for a waiver of provisions of law

16  applicable to deregulated public schools under this section,

17  except that the provisions of chapter 1010 or chapter 1011

18  shall not be eligible for waiver if the waiver would affect

19  funding allocations or create inequity in public school

20  funding. The State Board of Education may grant the waiver if

21  necessary to implement the school program.

22         (b)  A deregulated public school may employ or contract

23  with skilled selected noncertified personnel to provide

24  instructional services or to assist instructional staff

25  members as education paraprofessionals in the same manner as

26  defined in chapter 1012. A deregulated public school may not

27  employ an individual to provide instructional services or to

28  serve as an education paraprofessional if the individual's

29  certification or licensure as an educator is suspended or

30  revoked by this or any other state. The qualifications of

31  teachers shall be disclosed to parents.


                                 417

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (c)  A deregulated public school shall employ or

 2  contract with employees who have been fingerprinted as

 3  provided in s. 1012.32.

 4         (8)  REVENUE.--Students enrolled in a deregulated

 5  public school shall be funded in a basic program or a special

 6  program in the same manner as students enrolled in other

 7  public schools in the school district.

 8         (9)  LENGTH OF SCHOOL YEAR.--A deregulated public

 9  school shall provide instruction for at least the number of

10  days required by law for other public schools, and may provide

11  instruction for additional days.

12         (10)  FACILITIES.--A deregulated public school shall

13  utilize facilities which comply with the State Uniform

14  Building Code for Public Educational Facilities Construction

15  adopted pursuant to s. 1013.37, or with applicable state

16  minimum building codes pursuant to chapter 553 and state

17  minimum fire protection codes pursuant to s. 633.025, as

18  adopted by the authority in whose jurisdiction the facility is

19  located.

20         Section 157.  Chapter 1004, Florida Statutes, shall be

21  entitled "Public Postsecondary Education" and shall consist of

22  ss. 1004.01-1004.98.

23         Section 158.  Part I of chapter 1004, Florida Statutes,

24  shall be entitled "General Provisions" and shall consist of

25  ss. 1004.01-1004.06.

26         Section 159.  Section 1004.01, Florida Statutes, is

27  created to read:

28         1004.01  Statement of purpose and mission.--

29         (1)  The Legislature finds it in the public interest to

30  provide a system of postsecondary education which is of the

31  highest possible quality; which enables all students to


                                 418

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  participate in the search for knowledge and individual

 2  development; which stresses undergraduate teaching as its main

 3  priority; which offers selected professional, graduate, and

 4  research programs with emphasis on state and national needs;

 5  which fosters diversity of educational opportunity; which

 6  promotes service to the public; which makes effective and

 7  efficient use of human and physical resources; which functions

 8  cooperatively with other educational institutions and systems;

 9  and which promotes internal coordination and the wisest

10  possible use of resources.

11         (2)  The mission of the state system of postsecondary

12  education is to develop human resources, to discover and

13  disseminate knowledge, to extend knowledge and its application

14  beyond the boundaries of its campuses, and to develop in

15  students heightened intellectual, cultural, and humane

16  sensitivities; scientific, professional, and technological

17  expertise; and a sense of purpose. Inherent in this broad

18  mission are methods of instruction, research, extended

19  training, and public service designed to educate people and

20  improve the human condition.

21         Section 160.  Section 1004.02, Florida Statutes, is

22  created to read:

23         1004.02  Definitions.--As used in this chapter:

24         (1)  "Adult basic education" means courses of

25  instruction designed to improve the employability of the

26  state's workforce through instruction in mathematics, reading,

27  language, and workforce readiness skills at grade level

28  equivalency 0-8.9.

29         (2)  "Adult ESOL" or "adult ESL" means noncredit

30  English literacy courses designed to improve the employability

31  of the state's workforce through acquisition of communication


                                 419

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  skills and cultural competencies that enhance ability to read,

 2  write, speak, and listen in English. ESOL means English for

 3  Speakers of Other Languages. ESL means English as a Second

 4  Language. The two terms are interchangeable.

 5         (3)  "Adult general education" means comprehensive

 6  instructional programs designed to improve the employability

 7  of the state's workforce through adult basic education, adult

 8  secondary education, English for Speakers of Other Languages,

 9  vocational-preparatory instruction, and instruction for adults

10  with disabilities.

11         (4)  "Adult high school credit program" means the award

12  of credits upon completion of courses and passing of state

13  mandated assessments necessary to qualify for a high school

14  diploma.  Except as provided elsewhere in law, the graduation

15  standards for adults shall be the same as those for secondary

16  students.

17         (5)  "Adult secondary education" means courses through

18  which a person receives high school credit that leads to the

19  award of a high school diploma or courses of instruction

20  through which a student prepares to take the General

21  Educational Development test.

22         (6)  "Adult student" is a student who is beyond the

23  compulsory school age and who has legally left elementary or

24  secondary school, or a high school student who is taking an

25  adult course required for high school graduation.

26         (7)  "Adult with disability" means an individual who

27  has a physical or mental impairment that substantially limits

28  one or more major life activities, has a record of such

29  impairment, or is regarded as having such an impairment, and

30  who requires modifications to the educational program,

31  adaptive equipment, or specialized instructional methods and


                                 420

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  services in order to participate in workforce development

 2  programs that lead to competitive employment.

 3         (8)  "Applied technology diploma program" means a

 4  course of study that is part of a technical degree program, is

 5  less than 60 credit hours, and leads to employment in a

 6  specific occupation. An applied technology diploma program may

 7  consist of either technical credit or college credit. A public

 8  school district may offer an applied technology diploma

 9  program only as technical credit, with college credit awarded

10  to a student upon articulation to a community college.

11  Statewide articulation among public schools and community

12  colleges is guaranteed by s. 1007.23, and is subject to

13  guidelines and standards adopted by the State Board of

14  Education pursuant to ss. 1007.24 and 1007.25.

15         (9)  "Basic literacy," means the demonstration of

16  academic competence from 2.0 through 5.9 educational grade

17  levels as measured by means approved for this purpose by the

18  State Board of Education.

19         (10)  "Beginning literacy" means the demonstration of

20  academic competence from 0 through 1.9 educational grade

21  levels as measured by means approved for this purpose by the

22  State Board of Education.

23         (11)  "College-preparatory instruction" means courses

24  through which a high school graduate who applies for any

25  college credit program may attain the communication and

26  computation skills necessary to enroll in college credit

27  instruction.

28         (12)  "Community education" means the use of a school

29  or other public facility as a community center operated in

30  conjunction with other public, private, and governmental

31  organizations for the purpose of providing educational,


                                 421

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  recreational, social, cultural, health, and community services

 2  for persons in the community in accordance with the needs,

 3  interests, and concerns of that community, including lifelong

 4  learning.

 5         (13)  "Continuing workforce education" means

 6  instruction that does not result in a technical certificate,

 7  diploma, associate in applied science degree, or associate in

 8  science degree.  Continuing workforce education is for:

 9         (a)  Individuals who are required to have training for

10  licensure renewal or certification renewal by a regulatory

11  agency or credentialing body;

12         (b)  New or expanding businesses as described in

13  chapter 288;

14         (c)  Business, industry, and government agencies whose

15  products or services are changing so that retraining of

16  employees is necessary or whose employees need training in

17  specific skills to increase efficiency and productivity; or

18         (d)  Individuals who are enhancing occupational skills

19  necessary to maintain current employment, to cross train, or

20  to upgrade employment.

21         (14)  "Technical degree education program" means a

22  course of study that leads to an associate in applied science

23  degree or an associate in science degree.  A technical degree

24  program may contain within it one or more program progression

25  points and may lead to certificates or diplomas within the

26  course of study.  The term is interchangeable with the term

27  "degree career education program." For licensure purposes, the

28  term "associate in science degree" is interchangeable with

29  "associate in applied science degree."

30  

31  


                                 422

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (15)  "Family literacy" means a program for adults with

 2  a literacy component for parents and children or other

 3  intergenerational literacy components.

 4         (16)  "Functional literacy," which is also referred to

 5  as "intermediate adult basic education," means the

 6  demonstration of academic competence from 6.0 through 8.9

 7  educational grade levels as measured by means approved for

 8  this purpose by the State Board of Education.

 9         (17)  "General Educational Development (GED) test

10  preparation" means courses of instruction designed to prepare

11  adults for success on GED subject area tests leading to

12  qualification for a State of Florida high school diploma.

13         (18)  "Lifelong learning" means a noncredit course or

14  activity offered by a school district or community college

15  that seeks to address community social and economic issues

16  related to health and human relations, government, parenting,

17  consumer economics, and senior citizens.

18         (19)  "Local educational agency" means a community

19  college or school district.

20         (20)  "Local sponsor" means a district school board,

21  community college board of trustees, public library, other

22  public entity, or private nonprofit entity, or any combination

23  of these entities, that provides adult literacy instruction.

24         (21)  "Technical certificate program" means a course of

25  study that leads to at least one occupational completion

26  point. The program may also confer credit that may articulate

27  with a diploma or technical degree education program, if

28  authorized by rules of the State Board of Education. Any

29  credit instruction designed to articulate to a degree program

30  is subject to guidelines and standards adopted by the

31  Department of Education pursuant to chapter 1007. The term is


                                 423

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  interchangeable with the term "certificate career and

 2  technical education program."

 3         (22)  "Occupational completion point" means the

 4  occupational competencies that qualify a person to enter an

 5  occupation that is linked to a career and technical program.

 6         (23)  "Career and technical education planning region"

 7  means the geographic area in which career and technical or

 8  adult education is provided.  Each career and technical region

 9  is contiguous with one of the 28 community college service

10  areas.

11         (24)  "Vocational-preparatory instruction" means adult

12  general education through which persons attain academic and

13  workforce readiness skills at the level of functional literacy

14  (grade levels 6.0-8.9) or higher so that such persons may

15  pursue technical certificate education or higher-level

16  technical education.

17         (25)  "Career and technical program" means a group of

18  identified competencies leading to occupations identified by a

19  Classification of Instructional Programs number.

20         (26)  "Workforce development education" means adult

21  general education or career and technical education and may

22  consist of a continuing workforce education course or a

23  program of study leading to an occupational completion point,

24  a technical certificate, an applied technology diploma, or a

25  technical degree.

26         (27)  "Workforce literacy" means the basic skills

27  necessary to perform in entry-level occupations or the skills

28  necessary to adapt to technological advances in the workplace.

29         Section 161.  Section 1004.03, Florida Statutes, is

30  created to read:

31         1004.03  Program approval.--


                                 424

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (1)  The State Board of Education shall establish

 2  criteria for the approval of new programs at state

 3  universities, which criteria include, but are not limited to,

 4  the following:

 5         (a)  New programs may not be approved unless the same

 6  objectives cannot be met through use of educational

 7  technology.

 8         (b)  Unnecessary duplication of programs offered by

 9  public and independent institutions shall be avoided.

10         (c)  Cooperative programs, particularly within regions,

11  should be encouraged.

12         (d)  New programs shall be approved only if they are

13  consistent with the state master plans adopted by the State

14  Board of Education.

15         (e)  A new graduate-level program may be approved if:

16         1.  The university has taken into account the offerings

17  of its counterparts, including institutions in other sectors,

18  particularly at the regional level.

19         2.  The addition of the program will not alter the

20  emphasis on undergraduate education.

21         3.  The regional need and demand for the graduate

22  program was addressed and the community needs are obvious.

23         (2)  The State Board of Education shall establish

24  criteria for the approval of new programs at community

25  colleges, which criteria include, but are not limited to, the

26  following:

27         (a)  New programs may not be approved unless the same

28  objectives cannot be met through use of educational

29  technology.

30         (b)  Unnecessary duplication of programs offered by

31  independent institutions shall be avoided.


                                 425

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (c)  Cooperative programs, particularly within regions,

 2  should be encouraged.

 3         (d)  New programs may be approved only if they are

 4  consistent with the state master plan adopted by the State

 5  Board of Education.

 6         (3)  New colleges, schools, or functional equivalents

 7  of any program leading to a degree that is offered as a

 8  credential for a specific license granted under the Florida

 9  Statutes or the State Constitution shall not be established

10  without the specific approval of the Legislature.

11         Section 162.  Section 1004.04, Florida Statutes, is

12  created to read:

13         1004.04  Public accountability and state approval for

14  teacher preparation programs.--

15         (1)  INTENT.--The Legislature recognizes that skilled

16  teachers make an important contribution to a system that

17  allows students to obtain a high-quality education. The intent

18  of the Legislature is to establish a system for development

19  and approval of teacher preparation programs that will free

20  postsecondary teacher preparation institutions to employ

21  varied and innovative teacher preparation techniques while

22  being held accountable for producing graduates with the

23  competencies and skills necessary to achieve the state

24  education goals; help the state's diverse student population,

25  including students with limited English proficiency, meet high

26  standards for academic achievement; maintain safe, secure

27  classroom learning environments; and sustain the state system

28  of school improvement and education accountability established

29  pursuant to ss. 1000.03(5) and 1008.345. The State Board of

30  Education shall adopt rules pursuant to ss. 120.536(1) and

31  


                                 426

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  120.54 that establish uniform core curricula for each

 2  state-approved teacher preparation program.

 3         (2)  DEVELOPMENT OF TEACHER PREPARATION PROGRAMS.--A

 4  system developed by the Department of Education in

 5  collaboration with postsecondary educational institutions

 6  shall assist departments and colleges of education in the

 7  restructuring of their programs to meet the need for producing

 8  quality teachers now and in the future. The system must be

 9  designed to assist teacher educators in conceptualizing,

10  developing, implementing, and evaluating programs that meet

11  state-adopted standards. These standards shall emphasize

12  quality indicators drawn from research, professional

13  literature, recognized guidelines, Florida essential teaching

14  competencies and educator-accomplished practices, effective

15  classroom practices, and the outcomes of the state system of

16  school improvement and education accountability, as well as

17  performance measures. Departments and colleges of education

18  shall emphasize the state system of school improvement and

19  education accountability concepts and standards, including

20  Sunshine State Standards. State-approved teacher preparation

21  programs must incorporate appropriate English for Speakers of

22  Other Languages instruction so that program graduates will

23  have completed the requirements for teaching limited English

24  proficient students in Florida public schools.

25         (3)  INITIAL STATE PROGRAM APPROVAL.--

26         (a)  A program approval process based on standards

27  adopted pursuant to subsection (2) must be established for

28  postsecondary teacher preparation programs, phased in

29  according to timelines determined by the Department of

30  Education, and fully implemented for all teacher preparation

31  programs in the state. Each program shall be approved by the


                                 427

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  department, consistent with the intent set forth in subsection

 2  (1) and based primarily upon significant, objective, and

 3  quantifiable graduate performance measures.

 4         (b)  Each teacher preparation program approved by the

 5  Department of Education, as provided for by this section,

 6  shall require students to meet the following as prerequisites

 7  for admission into the program:

 8         1.  Have a grade point average of at least 2.5 on a 4.0

 9  scale for the general education component of undergraduate

10  studies or have completed the requirements for a baccalaureate

11  degree with a minimum grade point average of 2.5 on a 4.0

12  scale from any college or university accredited by a regional

13  accrediting association as defined by State Board of Education

14  rule.

15         2.  Demonstrate mastery of general knowledge, including

16  the ability to read, write, and compute, by passing the

17  College Level Academic Skills Test, a corresponding component

18  of the National Teachers Examination series, or a similar test

19  pursuant to rules of the State Board of Education.

20  

21  Each teacher preparation program may waive these admissions

22  requirements for up to 10 percent of the students admitted.

23  Programs shall implement strategies to ensure that students

24  admitted under a waiver receive assistance to demonstrate

25  competencies to successfully meet requirements for

26  certification.

27         (4)  CONTINUED PROGRAM APPROVAL.--Notwithstanding

28  subsection (3), failure by a public or nonpublic teacher

29  preparation program to meet the criteria for continued program

30  approval shall result in loss of program approval. The

31  Department of Education, in collaboration with the departments


                                 428

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  and colleges of education, shall develop procedures for

 2  continued program approval that document the continuous

 3  improvement of program processes and graduates' performance.

 4         (a)  Continued approval of specific teacher preparation

 5  programs at each public and nonpublic postsecondary

 6  educational institution within the state is contingent upon

 7  the passing of the written examination required by s. 1012.56

 8  by at least 90 percent of the graduates of the program who

 9  take the examination. On request of an institution, the

10  Department of Education shall provide an analysis of the

11  performance of the graduates of such institution with respect

12  to the competencies assessed by the examination required by s.

13  1012.56.

14         (b)  Additional criteria for continued program approval

15  for public institutions may be approved by the State Board of

16  Education. Such criteria must emphasize instruction in

17  classroom management and must provide for the evaluation of

18  the teacher candidates' performance in this area. The criteria

19  shall also require instruction in working with underachieving

20  students. Program evaluation procedures must include, but are

21  not limited to, program graduates' satisfaction with

22  instruction and the program's responsiveness to local school

23  districts. Additional criteria for continued program approval

24  for nonpublic institutions shall be developed in the same

25  manner as for public institutions; however, such criteria must

26  be based upon significant, objective, and quantifiable

27  graduate performance measures. Responsibility for collecting

28  data on outcome measures through survey instruments and other

29  appropriate means shall be shared by the postsecondary

30  educational institutions and the Department of Education. By

31  January 1 of each year, the Department of Education shall


                                 429

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  report this information for each postsecondary educational

 2  institution that has state-approved programs of teacher

 3  education to the Governor, the State Board of Education, the

 4  Commissioner of Education, the President of the Senate, the

 5  Speaker of the House of Representatives, all Florida

 6  postsecondary teacher preparation programs, and interested

 7  members of the public. This report must analyze the data and

 8  make recommendations for improving teacher preparation

 9  programs in the state.

10         (c)  Continued approval for a teacher preparation

11  program is contingent upon the results of annual reviews of

12  the program conducted by the postsecondary educational

13  institution, using procedures and criteria outlined in an

14  institutional program evaluation plan approved by the

15  Department of Education. This plan must incorporate the

16  criteria established in paragraphs (a) and (b) and include

17  provisions for involving primary stakeholders, such as program

18  graduates, district school personnel, classroom teachers,

19  principals, community agencies, and business representatives

20  in the evaluation process. Upon request by an institution, the

21  department shall provide assistance in developing, enhancing,

22  or reviewing the institutional program evaluation plan and

23  training evaluation team members.

24         (d)  Continued approval for a teacher preparation

25  program is contingent upon standards being in place that are

26  designed to adequately prepare elementary, middle, and high

27  school teachers to instruct their students in higher-level

28  mathematics concepts and in the use of technology at the

29  appropriate grade level.

30         (e)  Continued approval of teacher preparation programs

31  is contingent upon compliance with the student admission


                                 430

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  requirements of subsection (3) and upon the receipt of at

 2  least a satisfactory rating from public schools and private

 3  schools that employ graduates of the program. Employer

 4  satisfaction shall be determined by an annually administered

 5  survey instrument approved by the Department of Education

 6  that, at a minimum, must include employer satisfaction of the

 7  graduates' ability to do the following:

 8         1.  Write and speak in a logical and understandable

 9  style with appropriate grammar.

10         2.  Recognize signs of students' difficulty with the

11  reading and computational process and apply appropriate

12  measures to improve students' reading and computational

13  performance.

14         3.  Use and integrate appropriate technology in

15  teaching and learning processes.

16         4.  Demonstrate knowledge and understanding of Sunshine

17  State Standards.

18         (f)1.  Each Florida public and private institution that

19  offers a state-approved teacher preparation program must

20  annually report information regarding these programs to the

21  state and the general public. This information shall be

22  reported in a uniform and comprehensible manner that is

23  consistent with definitions and methods approved by the

24  Commissioner of the National Center for Educational Statistics

25  and that is approved by the State Board of Education. This

26  information must include, at a minimum:

27         a.  The percent of graduates obtaining full-time

28  teaching employment within the first year of graduation.

29         b.  The average length of stay of graduates in their

30  full-time teaching positions.

31         c.  Satisfaction ratings required in paragraph (e).


                                 431

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         2.  Each public and private institution offering

 2  training for school readiness related professions, including

 3  training in the fields of child care and early childhood

 4  education, whether offering technical credit, associate in

 5  applied science degree programs, associate in science degree

 6  programs, or associate in arts degree programs, shall annually

 7  report information regarding these programs to the state and

 8  the general public in a uniform and comprehensible manner that

 9  conforms with definitions and methods approved by the State

10  Board of Education. This information must include, at a

11  minimum:

12         a.  Average length of stay of graduates in their

13  positions.

14         b.  Satisfaction ratings of graduates' employers.

15  

16  This information shall be reported through publications,

17  including college and university catalogs and promotional

18  materials sent to potential applicants, secondary school

19  guidance counselors, and prospective employers of the

20  institution's program graduates.

21         (5)  PRESERVICE FIELD EXPERIENCE.--All postsecondary

22  instructors, school district personnel and instructional

23  personnel, and school sites preparing instructional personnel

24  through preservice field experience courses and internships

25  shall meet special requirements.

26         (a)  All instructors in postsecondary teacher

27  preparation programs who instruct or supervise preservice

28  field experience courses or internships shall have at least

29  one of the following: specialized training in clinical

30  supervision; a valid professional teaching certificate

31  pursuant to ss. 1012.56 and 1012.585; or at least 3 years of


                                 432

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  successful teaching experience in prekindergarten through

 2  grade 12.

 3         (b)  All school district personnel and instructional

 4  personnel who supervise or direct teacher preparation students

 5  during field experience courses or internships must have

 6  evidence of "clinical educator" training and must successfully

 7  demonstrate effective classroom management strategies that

 8  consistently result in improved student performance. The State

 9  Board of Education shall approve the training requirements.

10         (c)  Preservice field experience programs must provide

11  specific guidance and demonstration of effective classroom

12  management strategies, strategies for incorporating technology

13  into classroom instruction, and ways to link instructional

14  plans to the Sunshine State Standards, as appropriate. The

15  length of structured field experiences may be extended to

16  ensure that candidates achieve the competencies needed to meet

17  certification requirements.

18         (d)  Postsecondary teacher preparation programs in

19  cooperation with district school boards and approved private

20  school associations shall select the school sites for

21  preservice field experience activities. These sites must

22  represent the full spectrum of school communities, including,

23  but not limited to, schools located in urban settings. In

24  order to be selected, school sites must demonstrate commitment

25  to the education of public school students and to the

26  preparation of future teachers.

27         (6)  STANDARDS OF EXCELLENCE.--The State Board of

28  Education shall approve standards of excellence for teacher

29  preparation. These standards must exceed the requirements for

30  program approval pursuant to subsection (3) and must

31  


                                 433

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  incorporate state and national recommendations for exemplary

 2  teacher preparation programs.

 3         (7)  NATIONAL BOARD STANDARDS.--The State Board of

 4  Education shall review standards and recommendations developed

 5  by the National Board for Professional Teaching Standards and

 6  may incorporate those parts deemed appropriate into criteria

 7  for continued state program approval, standards of excellence,

 8  and requirements for inservice education.

 9         (8)  COMMUNITY COLLEGES.--To the extent practical,

10  postsecondary educational institutions offering teacher

11  preparation programs shall establish articulation agreements

12  on a core of liberal arts courses and introductory

13  professional courses with field experience components which

14  shall be offered at community colleges.

15         (9)  PRETEACHER AND TEACHER EDUCATION PILOT

16  PROGRAMS.--State universities and community colleges may

17  establish preteacher education and teacher education pilot

18  programs to encourage promising minority students to prepare

19  for a career in education. These pilot programs shall be

20  designed to recruit and provide additional academic, clinical,

21  and counseling support for students whom the institution

22  judges to be potentially successful teacher education

23  candidates, but who may not meet teacher education program

24  admission standards. Priority consideration shall be given to

25  those pilot programs that are jointly submitted by community

26  colleges and state universities.

27         (a)  These pilot programs shall be approved by the

28  State Board of Education and shall be designed to provide help

29  and support for program participants during the preteacher

30  education period of general academic preparation at a

31  community college or state university and during professional


                                 434

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  preparation in a state-approved teacher education program.

 2  Emphasis shall be placed on development of the basic skills

 3  needed by successful teachers.

 4         (b)  State universities and community colleges may

 5  admit into the pilot program those incoming students who

 6  demonstrate an interest in teaching as a career, but who may

 7  not meet the requirements for entrance into an approved

 8  teacher education program.

 9         1.  Flexibility may be given to colleges of education

10  to develop and market innovative teacher training programs

11  directed at specific target groups such as graduates from the

12  colleges of arts and sciences, employed education

13  paraprofessionals, substitute teachers, early federal

14  retirees, and nontraditional college students. Programs must

15  be submitted to the State Board of Education for approval.

16         2.  Academically successful graduates in the fields of

17  liberal arts and science may be encouraged to embark upon a

18  career in education.

19         3.  Models may be developed to provide a positive

20  initial experience in teaching in order to encourage

21  retention. Priority should be given to models that encourage

22  minority graduates.

23         (c)  In order to be certified, a graduate from a pilot

24  program shall meet all requirements for teacher certification

25  specified by s. 1012.56. Should a graduate of a pilot program

26  not meet the requirements of s. 1012.56, that person shall not

27  be included in the calculations required by paragraph (4)(a)

28  and State Board of Education rules for continued program

29  approval, or in the statutes used by the State Board of

30  Education in deciding which teacher education programs to

31  approve.


                                 435

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (d)  Institutions participating in the pilot program

 2  shall submit an annual report evaluating the success of the

 3  program to the Commissioner of Education by March 1 of each

 4  year. The report shall contain, but shall not be limited to:

 5  the number of pilot program participants, including the number

 6  participating in general education and the number admitted to

 7  approved teacher education programs, the number of pilot

 8  program graduates, and the number of pilot program graduates

 9  who met the requirements of s. 1012.56. The commissioner shall

10  consider the number of participants recruited, the number of

11  graduates, and the number of graduates successfully meeting

12  the requirements of s. 1012.56 reported by each institution,

13  and shall make an annual recommendation to the State Board of

14  Education regarding the institution's continued participation

15  in the pilot program.

16         (10)  TEACHER EDUCATION PILOT PROGRAMS FOR

17  HIGH-ACHIEVING STUDENTS.--Pilot teacher preparation programs

18  shall be established at the University of Central Florida, the

19  University of North Florida, and the University of South

20  Florida.  These programs shall include a year-long paid

21  teaching assignment and competency-based learning experiences

22  and shall be designed to encourage high-achieving students, as

23  identified by the institution, to pursue a career in

24  education.  Students chosen to participate in the pilot

25  programs shall agree to teach for at least 1 year after they

26  receive their degrees.  Criteria for identifying

27  high-achieving students shall be developed by the institution

28  and shall include, at a minimum, requirements that the student

29  have a 3.3 grade point average or above and that the student

30  has demonstrated mastery of general knowledge pursuant to s.

31  1012.56. The year-long paid teaching assignment shall begin


                                 436

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  after completion of the equivalent of 3 years of the state

 2  university teacher preparation program.

 3         (a)  Each pilot program shall be designed to include:

 4         1.  A year-long paid teaching assignment at a specified

 5  school site during the fourth year of the state university

 6  teacher preparation program, which includes intense

 7  supervision by a support team trained in clinical education.

 8  The support team shall include a state university supervisor

 9  and experienced school-based mentors.  A mentor teacher shall

10  be assigned to each fourth year employed teacher to implement

11  an individualized learning plan.  This mentor teacher will be

12  considered an adjunct professor for purposes of this program

13  and may receive credit for time spent as a mentor teacher in

14  the program.  The mentor teacher must have a master's degree

15  or above, a minimum of 3 years of teaching experience, and

16  clinical education training or certification by the National

17  Board of Professional Teaching Standards.  Experiences and

18  instruction may be delivered by other mentors, assigned

19  teachers, professors, individualized learning, and

20  demonstrations.  Students in this paid teaching assignment

21  shall assume full responsibility of all teaching duties.

22         2.  Professional education curriculum requirements that

23  address the educator-accomplished practices and other

24  competencies specified in state board rule.

25         3.  A modified instructional delivery system that

26  provides onsite training during the paid teaching assignment

27  in the professional education areas and competencies specified

28  in this subsection.  The institutions participating in this

29  pilot program shall be given a waiver to provide a modified

30  instructional delivery system meeting criteria that allows

31  earned credit through nontraditional approaches.  The modified


                                 437

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  system may provide for an initial evaluation of the

 2  candidate's competencies to determine an appropriate

 3  individualized professional development plan and may provide

 4  for earned credit by:

 5         a.  Internet learning and competency acquisition.

 6         b.  Learning acquired by observing demonstrations and

 7  being observed in application.

 8         c.  Independent study or instruction by mentor teachers

 9  or adjunct teachers.

10         4.  Satisfactory demonstration of the

11  educator-accomplished practices and content area competencies

12  for program completion.

13         5.  For program completion, required achievement of

14  passing scores on all tests required for certification by

15  State Board of Education rules.

16         (b)  Beginning in July 2003, each institution

17  participating in the pilot program shall submit to the

18  Commissioner of Education an annual report evaluating the

19  effectiveness of the program.  The report shall include, but

20  shall not be limited to, the number of students selected for

21  the pilot program, the number of students successfully

22  completing the pilot program, the number of program

23  participants who passed all required examinations, the number

24  of program participants who successfully demonstrated all

25  required competencies, and a followup study to determine the

26  number of pilot program completers who were employed in a

27  teaching position and employers' satisfaction with the

28  performance of pilot program completers.

29         (c)  This subsection shall be implemented to the extent

30  specifically funded in the General Appropriations Act.

31  


                                 438

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (11)  RULES.--The State Board of Education shall adopt

 2  necessary rules pursuant to ss. 120.536(1) and 120.54 to

 3  implement this section.

 4         Section 163.  Section 1004.05, Florida Statutes, is

 5  created to read:

 6         1004.05  Substance abuse training programs.--

 7         (1)  Each state university and community college may

 8  develop courses designed for public school teachers,

 9  counselors, physicians, law enforcement personnel, and other

10  professionals to assist them in recognizing symptoms of

11  substance abuse impairment and identifying appropriate service

12  providers for referral and treatment.

13         (2)  Such courses may be made available to students who

14  are currently enrolled and for continuing education units.

15         Section 164.  Section 1004.06, Florida Statutes, is

16  created to read:

17         1004.06  Prohibited expenditures.--No community

18  college, state university, community college direct-support

19  organization, or state university direct-support organization

20  shall expend any funds, regardless of source, to purchase

21  membership in, or goods and services from, any organization

22  that discriminates on the basis of race, national origin,

23  gender, or religion.

24         Section 165.  Part II of chapter 1004, Florida

25  Statutes, shall be entitled "State Universities" and shall

26  consist of ss. 1004.21-1004.62.

27         Section 166.  Part II.a. of chapter 1004, Florida

28  Statutes, shall be entitled "General Provisions" and shall

29  consist of ss. 1004.21-1004.32.

30         Section 167.  Section 1004.21, Florida Statutes, is

31  created to read:


                                 439

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         1004.21  State universities; legislative intent.--It is

 2  the legislative intent that state universities be constituted

 3  as public corporations of the state and be operated by a board

 4  of trustees as provided in s. 1001.74.

 5         Section 168.  Section 1004.22, Florida Statutes, is

 6  created to read:

 7         1004.22  Divisions of sponsored research at state

 8  universities.--

 9         (1)  Each university is authorized to create, as it

10  deems advisable, divisions of sponsored research which will

11  serve the function of administration and promotion of the

12  programs of research, including sponsored training programs,

13  of the university at which they are located.  A division of

14  sponsored research created under the provisions of this

15  section shall be under the supervision of the president of

16  that university.

17         (2)  The university shall set such policies to regulate

18  the activities of the divisions of sponsored research as it

19  may consider necessary to effectuate the purposes of this act

20  and to administer the research programs in a manner which

21  assures efficiency and effectiveness, producing the maximum

22  benefit for the educational programs and maximum service to

23  the state.  To this end, materials that relate to methods of

24  manufacture or production, potential trade secrets,

25  potentially patentable material, actual trade secrets,

26  business transactions, or proprietary information received,

27  generated, ascertained, or discovered during the course of

28  research conducted within the state universities shall be

29  confidential and exempt from the provisions of s. 119.07(1),

30  except that a division of sponsored research shall make

31  available upon request the title and description of a research


                                 440

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  project, the name of the researcher, and the amount and source

 2  of funding provided for such project.

 3         (3)  The president of the university where a division

 4  of sponsored research is created, or his or her designee, is

 5  authorized to negotiate, enter into, and execute research

 6  contracts; to solicit and accept research grants and

 7  donations; and to fix and collect fees, other payments, and

 8  donations that may accrue by reason thereof.  The president or

 9  his or her designee may negotiate, enter into, and execute

10  contracts on a cost-reimbursement basis and may provide

11  temporary financing of such costs prior to reimbursement from

12  moneys on deposit in a sponsored research development fund,

13  except as may be prohibited elsewhere by law.

14         (4)  A division of sponsored research shall be financed

15  from the moneys of a university which are on deposit or

16  received for use in the research or related programs of that

17  particular university.  Such moneys shall be deposited by the

18  university in a permanent sponsored research development fund.

19         (5)  Moneys deposited in the permanent sponsored

20  research development fund of a university shall be disbursed

21  in accordance with the terms of the contract, grant, or

22  donation under which they are received. Moneys received for

23  overhead or indirect costs and other moneys not required for

24  the payment of direct costs shall be applied to the cost of

25  operating the division of sponsored research.  Any surplus

26  moneys shall be used to support other research or sponsored

27  training programs in any area of the university.

28  Transportation and per diem expense allowances shall be the

29  same as those provided by law in s. 112.061, except that

30  personnel performing travel under a sponsored research

31  subcontract may be reimbursed for travel expenses in


                                 441

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  accordance with the provisions of the applicable prime

 2  contract or grant and the travel allowances established by the

 3  subcontractor, subject to the requirements of subsection (7),

 4  or except as provided in subsection (11).

 5         (6)(a)  Each university shall submit to the State Board

 6  of Education a report of the activities of each division of

 7  sponsored research together with an estimated budget for the

 8  next fiscal year.

 9         (b)  Not less than 90 days prior to the convening of

10  each regular session of the Legislature in which an

11  appropriation shall be made, the State Board of Education

12  shall submit to the chair of the appropriations committee of

13  each house of the Legislature a compiled report, together with

14  a compiled estimated budget for the next fiscal year.  A copy

15  of such report and estimated budget shall be furnished to the

16  Governor, as the chief budget officer of the state.

17         (7)  All purchases of a division of sponsored research

18  shall be made in accordance with the policies and procedures

19  of the university; however, upon certification addressed to

20  the university president that it is necessary for the

21  efficient or expeditious prosecution of a research project,

22  the president may exempt the purchase of material, supplies,

23  equipment, or services for research purposes shall be exempt

24  from the general purchasing requirement of the Florida

25  Statutes.

26         (8)  The university may authorize the construction,

27  alteration, or remodeling of buildings when the funds used are

28  derived entirely from the sponsored research development fund

29  of a university or from that fund in combination with other

30  nonstate sources, provided that such construction, alteration,

31  or remodeling is for use exclusively in the area of research;


                                 442

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  it also may authorize the acquisition of real property when

 2  the cost is entirely from said funds.  Title to all real

 3  property purchased prior to January 7, 2003, or with funds

 4  appropriated by the Legislature shall vest in the Board of

 5  Trustees of the Internal Improvement Trust Fund and shall only

 6  be transferred or conveyed by it.

 7         (9)  The sponsored research programs of the Institute

 8  of Food and Agricultural Sciences, the University of Florida

 9  Health Science Center, and the engineering and industrial

10  experiment station shall continue to be centered at the

11  University of Florida as heretofore provided by law. Indirect

12  cost reimbursements of all grants deposited in the Division of

13  Sponsored Research shall be distributed directly to the above

14  units in direct proportion to the amounts earned by each unit.

15         (10)  The operation of the divisions of sponsored

16  research and the conduct of the sponsored research program are

17  expressly exempted from the provisions of any other laws or

18  portions of laws in conflict herewith and are, subject to the

19  requirements of subsection (7), exempted from the provisions

20  of chapters 215, 216, and 283.

21         (11)  The divisions of sponsored research may pay, by

22  advancement or reimbursement, or a combination thereof, the

23  costs of per diem of university employees and of other

24  authorized persons, as defined in s. 112.061(2)(e), for

25  foreign travel up to the current rates as stated in the grant

26  and contract terms and may also pay incidental expenses as

27  authorized by s. 112.061(8). This subsection applies to any

28  university employee traveling in foreign countries for

29  sponsored programs of the university, if such travel expenses

30  are approved in the terms of the contract or grant.  The

31  provisions of s. 112.061, other than those relating to per


                                 443

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  diem, apply to the travel described in this subsection.  As

 2  used in this subsection, "foreign travel" means any travel

 3  outside the United States and its territories and possessions

 4  and Canada.  Persons traveling in foreign countries pursuant

 5  to this section shall not be entitled to reimbursements or

 6  advancements pursuant to s. 112.061(6)(a)2. for such travel.

 7         (12)  Each division of sponsored research is authorized

 8  to advance funds to any principal investigator who, under the

 9  contract or grant terms, will be performing a portion of his

10  or her research at a site that is remote from the university.

11  Funds shall be advanced only to employees who have executed a

12  proper power of attorney with the university to ensure the

13  proper collection of such advanced funds if it becomes

14  necessary.  As used in this subsection, the term "remote"

15  means so far removed from the university as to render normal

16  purchasing and payroll functions ineffective.

17         (13)  Each university board of trustees is authorized

18  to adopt rules, as necessary, to administer this section.

19         Section 169.  Section 1004.23, Florida Statutes, is

20  created to read:

21         1004.23  Universities; powers; patents, copyrights, and

22  trademarks.--Any other law to the contrary notwithstanding,

23  each state university is authorized, in its own name, to:

24         (1)  Perform all things necessary to secure letters of

25  patent, copyrights, and trademarks on any work products and to

26  enforce its rights therein.  The university shall consider

27  contributions by university personnel in the development of

28  trademarks, copyrights, and patents and shall enter into

29  written contracts with such personnel establishing the

30  interests of the university and such personnel in each

31  trademark, copyright, or patent.


                                 444

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (2)  License, lease, assign, or otherwise give written

 2  consent to any person, firm, or corporation for the

 3  manufacture or use thereof, on a royalty basis or for such

 4  other consideration as the university shall deem proper.

 5         (3)  Take any action necessary, including legal action,

 6  to protect the same against improper or unlawful use or

 7  infringement.

 8         (4)  Enforce the collection of any sums due the

 9  university for the manufacture or use thereof by any other

10  party.

11         (5)  Sell any of the same and execute all instruments

12  necessary to consummate any such sale.

13         (6)  Do all other acts necessary and proper for the

14  execution of powers and duties herein conferred upon the

15  university, including adopting rules, as necessary, in order

16  to administer this section.  Any proceeds therefrom shall be

17  deposited and expended in accordance with s. 1004.22. Any

18  action taken by the university in securing or exploiting such

19  trademarks, copyrights, or patents shall, within 30 days, be

20  reported in writing by the president to the Department of

21  State.

22         Section 170.  Section 1004.24, Florida Statutes, is

23  created to read:

24         1004.24  State Board of Education authorized to secure

25  liability insurance.--

26         (1)  The State Board of Education is authorized to

27  secure, or otherwise provide as a self-insurer, or by a

28  combination thereof, comprehensive general liability

29  insurance, including professional liability for health care

30  and veterinary sciences, for:

31  


                                 445

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (a)  The State Board of Education and its officers and

 2  members.

 3         (b)  A university board of trustees and its officers

 4  and members.

 5         (c)  The faculty and other employees and agents of a

 6  university board of trustees.

 7         (d)  The students of a state university.

 8         (e)  A state university or any college, school,

 9  institute, center, or program thereof.

10         (f)  Any not-for-profit corporation organized pursuant

11  to chapter 617, and the directors, officers, employees, and

12  agents thereof, which is affiliated with a state university,

13  if the corporation is operated for the benefit of the state

14  university in a manner consistent with the best interests of

15  the state, and if such participation is approved by a

16  self-insurance program council, the university president, and

17  the board of trustees.

18         (2)  In the event the State Board of Education adopts a

19  self-insurance program, a governing council chaired by the

20  vice president for health affairs or his or her academic

21  equivalent shall be established to administer the program and

22  its duties and responsibilities, including the administration

23  of self-insurance program assets and expenditure policies,

24  which shall be defined in rules as authorized by this section.

25  The council shall have an annual actuary review performed to

26  establish funding requirements to maintain the fiscal

27  integrity of the self-insurance program. The assets of a

28  self-insurance program shall be deposited outside the State

29  Treasury and shall be administered in accordance with rules as

30  authorized by this section.

31  


                                 446

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (3)  Any self-insurance program created under this

 2  section shall be funded by the entities and individuals

 3  protected by such program. There shall be no funds

 4  appropriated to any self-insurance program. The assets of the

 5  self-insurance program shall be the property of the State

 6  Board of Education and shall be used only to pay the

 7  administrative expenses of the self-insurance program and to

 8  pay any claim, judgment, or claims bill arising out of

 9  activities for which the self-insurance program was created.

10  Investment income that is in excess of that income necessary

11  to ensure the solvency of a self-insurance program as

12  established by a casualty actuary may be used to defray the

13  annual contribution paid into the program by the entities and

14  individuals protected by the program.

15         (4)  No self-insurance program adopted by the State

16  Board of Education may sue or be sued. The claims files of any

17  such program are privileged and confidential, exempt from the

18  provisions of s. 119.07(1), and are only for the use of the

19  program in fulfilling its duties. Any self-insurance trust

20  fund and revenues generated by that fund shall only be used to

21  pay claims and administration expenses.

22         (5)  Each self-insurance program council shall make

23  provision for an annual postaudit of its financial accounts to

24  be conducted by an independent certified public accountant.

25  The annual audit report must include a management letter and

26  shall be submitted to the State Board of Education for review.

27  The State Board of Education shall have the authority to

28  require and receive from the self-insurance program council or

29  from its independent auditor any detail or supplemental data

30  relative to the operation of the self-insurance program.

31  


                                 447

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (6)  The State Board of Education may make such rules

 2  as are necessary to carry out the provisions of this section.

 3         Section 171.  Section 1004.25, Florida Statutes, is

 4  created to read:

 5         1004.25  State universities; payment of costs of civil

 6  action.--A university may defray all costs of defending any

 7  civil action brought against any officer or employee of the

 8  university for any act or omission arising out of and in the

 9  course of the performance of his or her duties and

10  responsibilities, which costs may include reasonable

11  attorney's fees and expenses together with costs of appeal,

12  and may save harmless and protect such person from any

13  financial loss resulting from the lawful performance of his or

14  her duties and responsibilities.  Claims based on such actions

15  or omissions may be settled prior to or after the filing of

16  suit thereon.  The university may arrange for and pay the

17  premium for appropriate insurance to cover all such losses and

18  expenses.  The university may use funds available, not subject

19  to the obligation of contract, covenant, or trust, to carry

20  out the purposes of this section in the amount necessary.

21  Failure by the university to perform any act authorized by

22  this section shall not constitute a cause of action against

23  the university or its members, officers, or employees.

24         Section 172.  Section 1004.28, Florida Statutes, is

25  created to read:

26         1004.28  Direct-support organizations; use of property;

27  board of directors; activities; audit; facilities.--

28         (1)  DEFINITIONS.--For the purposes of this section:

29         (a)  "University direct-support organization" means an

30  organization which is:

31  


                                 448

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         1.  A Florida corporation not for profit incorporated

 2  under the provisions of chapter 617 and approved by the

 3  Department of State.

 4         2.  Organized and operated exclusively to receive,

 5  hold, invest, and administer property and to make expenditures

 6  to or for the benefit of a state university in Florida or for

 7  the benefit of a research and development park or research and

 8  development authority affiliated with a state university and

 9  organized under part V of chapter 159.

10         3.  An organization that a state university board of

11  trustees, after review, has certified to be operating in a

12  manner consistent with the goals of the university and in the

13  best interest of the state. Any organization that is denied

14  certification by the board of trustees shall not use the name

15  of the university that it serves.

16         (b)  "Personal services" includes full-time or

17  part-time personnel as well as payroll processing.

18         (2)  USE OF PROPERTY.--

19         (a)  Each state university board of trustees is

20  authorized to permit the use of property, facilities, and

21  personal services at any state university by any university

22  direct-support organization, and, subject to the provisions of

23  this section, direct-support organizations may establish

24  accounts with the State Board of Administration for investment

25  of funds pursuant to part IV of chapter 218.

26         (b)  The board of trustees shall prescribe by rule

27  conditions with which a university direct-support organization

28  must comply in order to use property, facilities, or personal

29  services at any state university.  Such rules shall provide

30  for budget and audit review and oversight by the board of

31  trustees.


                                 449

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (c)  The board of trustees shall not permit the use of

 2  property, facilities, or personal services at any state

 3  university by any university direct-support organization that

 4  does not provide equal employment opportunities to all persons

 5  regardless of race, color, religion, gender, age, or national

 6  origin.

 7         (3)  BOARD OF DIRECTORS.--The chair of the university

 8  board of trustees may appoint a representative to the board of

 9  directors and the executive committee of any direct-support

10  organization established under this section. The president of

11  the university for which the direct-support organization is

12  established, or his or her designee, shall also serve on the

13  board of directors and the executive committee of any

14  direct-support organization established to benefit that

15  university.

16         (4)  ACTIVITIES; RESTRICTION.--A university

17  direct-support organization is prohibited from giving, either

18  directly or indirectly, any gift to a political committee or

19  committee of continuous existence as defined in s. 106.011 for

20  any purpose other than those certified by a majority roll call

21  vote of the governing board of the direct-support organization

22  at a regularly scheduled meeting as being directly related to

23  the educational mission of the university.

24         (5)  ANNUAL AUDIT.--Each direct-support organization

25  shall provide for an annual financial audit of its accounts

26  and records to be conducted by an independent certified public

27  accountant in accordance with rules adopted by the Auditor

28  General pursuant to s. 11.45(8) and by the university board of

29  trustees.  The annual audit report shall be submitted, within

30  9 months after the end of the fiscal year, to the Auditor

31  General and the State Board of Education for review. The State


                                 450

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Board of Education, the university board of trustees, the

 2  Auditor General, and the Office of Program Policy Analysis and

 3  Government Accountability shall have the authority to require

 4  and receive from the organization or from its independent

 5  auditor any records relative to the operation of the

 6  organization. The identity of donors who desire to remain

 7  anonymous shall be protected, and that anonymity shall be

 8  maintained in the auditor's report. All records of the

 9  organization other than the auditor's report, management

10  letter, and any supplemental data requested by the State Board

11  of Education, the university board of trustees, the Auditor

12  General, and the Office of Program Policy Analysis and

13  Government Accountability shall be confidential and exempt

14  from the provisions of s. 119.07(1).

15         (6)  FACILITIES.--In addition to issuance of

16  indebtedness pursuant to s. 1010.60(2), each direct-support

17  organization is authorized to enter into agreements to

18  finance, design and construct, lease, lease-purchase,

19  purchase, or operate facilities necessary and desirable to

20  serve the needs and purposes of the university, as determined

21  by the systemwide strategic plan adopted by the State Board of

22  Education.  Such agreements are subject to the provisions of

23  s. 1013.171.

24         (7)  ANNUAL BUDGETS AND REPORTS.--Each direct-support

25  organization shall submit to the university president and the

26  State Board of Education its federal Internal Revenue Service

27  Application for Recognition of Exemption form (Form 1023) and

28  its federal Internal Revenue Service Return of Organization

29  Exempt from Income Tax form (Form 990).

30         Section 173.  Section 1004.29, Florida Statutes, is

31  created to read:


                                 451

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         1004.29  University health services support

 2  organizations.--

 3         (1)  Each state university is authorized to establish

 4  university health services support organizations which shall

 5  have the ability to enter into, for the benefit of the

 6  university academic health sciences center, arrangements with

 7  other entities as providers in other integrated health care

 8  systems or similar entities.  To the extent required by law or

 9  rule, university health services support organizations shall

10  become licensed as insurance companies, pursuant to chapter

11  624, or be certified as health maintenance organizations,

12  pursuant to chapter 641.  University health services support

13  organizations shall have sole responsibility for the acts,

14  debts, liabilities, and obligations of the organization.  In

15  no case shall the state or university have any responsibility

16  for such acts, debts, liabilities, and obligations incurred or

17  assumed by university health services support organizations.

18         (2)  Each university health services support

19  organization shall be a Florida corporation not for profit,

20  incorporated under the provisions of chapter 617 and approved

21  by the Department of State.

22         (3)  A state university board of trustees may

23  prescribe, by rule, conditions with which a university health

24  services support organization must comply in order to be

25  certified and to use property, facilities, or personal

26  services at any state university. The rules must provide for

27  budget, audit review, and oversight by the board of trustees.

28  Such rules shall provide that the university health services

29  support organization may provide salary supplements and other

30  compensation or benefits for university faculty and staff

31  employees only as set forth in the organization's budget,


                                 452

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  which shall be subject to approval by the university

 2  president.

 3         (4)  The chair of the university board of trustees may

 4  appoint a representative to the board of directors and the

 5  executive committee of any university health services support

 6  organization established under this section.  The president of

 7  the university for which the university health services

 8  support organization is established, or the president's

 9  designee, shall also serve on the board of directors and the

10  executive committee of any university health services support

11  organization established to benefit that university.

12         (5)  Each university health services support

13  organization shall provide for an annual financial audit in

14  accordance with s. 1004.28(5). The auditor's report,

15  management letter, and any supplemental data requested by the

16  State Board of Education, the university board of trustees,

17  and the Auditor General shall be considered public records,

18  pursuant to s. 119.07.

19         Section 174.  Section 1004.30, Florida Statutes, is

20  created to read:

21         1004.30  University health services support

22  organization; confidentiality of information.--

23         (1)  All meetings of a governing board of a university

24  health services support organization and all university health

25  services support organization records shall be open and

26  available to the public in accordance with s. 286.011 and s.

27  24(b), Art. I of the State Constitution and chapter 119 and s.

28  24(a), Art. I of the State Constitution, respectively, unless

29  made confidential or exempt by law. Records required by the

30  Department of Insurance to discharge its duties shall be made

31  available to the department upon request.


                                 453

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (2)  The following university health services support

 2  organization's records and information are confidential and

 3  exempt from the provisions of s. 119.07(1) and s. 24(a), Art.

 4  I of the State Constitution:

 5         (a)  Contracts for managed care arrangements under

 6  which the university health services support organization

 7  provides health care services, preferred provider organization

 8  contracts, health maintenance organization contracts, alliance

 9  network arrangements, and exclusive provider organization

10  contracts, and any documents directly relating to the

11  negotiation, performance, and implementation of any such

12  contracts for managed care arrangements or alliance network

13  arrangements. As used in this paragraph, the term "managed

14  care" means systems or techniques generally used by

15  third-party payors or their agents to affect access to and

16  control payment for health care services. Managed-care

17  techniques most often include one or more of the following:

18  prior, concurrent, and retrospective review of the medical

19  necessity and appropriateness of services or site of services;

20  contracts with selected health care providers; financial

21  incentives or disincentives related to the use of specific

22  providers, services, or service sites; controlled access to

23  and coordination of services by a case manager; and payor

24  efforts to identify treatment alternatives and modify benefit

25  restrictions for high-cost patient care.

26         (b)  Each university health services support

27  organization's marketing plan the disclosure of which may

28  reasonably be expected by the organization's governing board

29  to be used by a competitor or an affiliated provider of the

30  organization to frustrate, circumvent, or exploit the purposes

31  of the plan before it is implemented and which is not


                                 454

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  otherwise known or cannot be legally obtained by a competitor

 2  or an affiliated provider.  However, documents that are

 3  submitted to the organization's governing board as part of the

 4  board's approval of the organization's budget, and the budget

 5  itself, are not confidential and exempt.

 6         (c)  Trade secrets, as defined in s. 688.002, including

 7  reimbursement methodologies and rates.

 8         (d)  The records of the peer review panels, committees,

 9  governing board, and agents of the university health services

10  support organization which relate solely to the evaluation of

11  health care services and professional credentials of health

12  care providers and physicians employed by or providing

13  services under contract to the university health services

14  support organization.  The exemptions created by this

15  paragraph shall not be construed to impair any otherwise

16  established rights of an individual health care provider to

17  inspect documents concerning the determination of such

18  provider's professional credentials.

19         (3)  Any portion of a governing board or peer review

20  panel or committee meeting during which a confidential and

21  exempt contract, document, record, marketing plan, or trade

22  secret, as provided for in subsection (2), is discussed is

23  exempt from the provisions of s. 286.011 and s. 24(b), Art. I

24  of the State Constitution.

25         (4)  Those portions of any public record, such as a

26  tape recording, minutes, and notes, generated during that

27  portion of a governing board or peer review panel or committee

28  meeting which is closed to the public pursuant to this

29  section, which contain information relating to contracts,

30  documents, records, marketing plans, or trade secrets which

31  are made confidential and exempt by this section, are


                                 455

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  confidential and exempt from the provisions of s. 119.07(1)

 2  and s. 24(a), Art. I of the State Constitution.

 3         (5)  The exemptions from s. 119.07(1) and s. 24(a),

 4  Art. I of the State Constitution and s. 286.011 and s. 24(b),

 5  Art. I of the State Constitution provided in this section do

 6  not apply if the governing board of a university health

 7  services support organization votes to lease, sell, or

 8  transfer all or any substantial part of the facilities or

 9  property of the university health services support

10  organization to a nonpublic entity.

11         (6)  Any person may petition a court of competent

12  jurisdiction for an order for the public release of those

13  portions of any public record, such as a tape recording,

14  minutes, or notes, generated during that portion of a

15  governing board meeting which is closed to the public pursuant

16  to subsection (3), which record is made confidential and

17  exempt by subsection (4). Any action pursuant to this

18  subsection must be brought in the county where the principal

19  office of the university health services support organization

20  is located, as reflected in the records of the Secretary of

21  State. In any order for the public release of a record

22  pursuant to this subsection, the court shall make a finding

23  that a compelling public interest is served by the release of

24  the record or portions thereof which exceeds the public

25  necessity for maintaining the confidentiality of such record

26  as described in s. 2, chapter 96-171, Laws of Florida, and

27  that the release of the record will not cause damage to or

28  adversely affect the interests of private persons, business

29  entities, the university health services support organization,

30  or the affiliated university.

31  


                                 456

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (7)  Those portions of any public record, such as a

 2  tape recording, minutes, or notes, generated during that

 3  portion of a governing board meeting at which negotiations for

 4  contracts for managed-care arrangements occur, are reported

 5  on, or are acted on by the governing board, which record is

 6  made confidential and exempt by subsection (4), shall become

 7  public records 2 years after the termination or completion of

 8  the term of the contract to which such negotiations relate or,

 9  if no contract was executed, 2 years after the termination of

10  the negotiations. Notwithstanding paragraph (2)(a) and

11  subsection (4), a university health services support

12  organization must make available, upon request, the title and

13  general description of a contract for managed-care

14  arrangements, the names of the contracting parties, and the

15  duration of the contract term. All contracts for managed-care

16  arrangements which are made confidential and exempt by

17  paragraph (2)(a), except those portions of any contract

18  containing trade secrets which are made confidential and

19  exempt by paragraph (2)(c), shall become public 2 years after

20  the termination or completion of the term of the contract.

21         (8)  A university health services support organization

22  may petition a court of competent jurisdiction to continue the

23  confidentiality of any public record made nonconfidential by

24  this section, upon a showing of good cause. In determining

25  good cause, the court shall balance the property, privacy, and

26  economic interests of any affected person or business entity

27  with those of the university health services support

28  organization and with the public interest and must make a

29  finding that a substantial public interest is served by the

30  continued confidentiality of the public record for an

31  additional time period. The length of time for this continued


                                 457

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  exemption may be no longer than is necessary to protect that

 2  substantial public interest.

 3         (9)  This act does not preclude discovery of records

 4  and information that are otherwise discoverable under the

 5  Florida Rules of Civil Procedure or any statutory provision

 6  allowing discovery or presuit disclosure of such records and

 7  information for the purpose of civil actions.

 8         Section 175.  Section 1004.31, Florida Statutes, is

 9  created to read:

10         1004.31  Assent to Hatch Act and Morrill Land-Grant

11  Act.--The assent of the Legislature is given to the provisions

12  and requirements of the Acts of Congress commonly known as the

13  "Hatch Act of 1887," the "First Morrill Act of 1862," the

14  "Second Morrill Act of 1890," and all acts supplemental

15  thereto. The University of Florida Board of Trustees may

16  receive grants of money appropriated for the benefit of the

17  University of Florida Institute of Food and Agricultural

18  Sciences in the case of the First Morrill Act, the Hatch Act,

19  and all acts supplemental thereto. The Florida Agricultural

20  and Mechanical University Board of Trustees may receive grants

21  of money appropriated for the benefit of Florida Agricultural

22  and Mechanical University in the case of the Second Morrill

23  Act and all acts supplemental thereto.  The provisions of

24  chapter 3564, 1885, Laws of Florida, and s. 7, chapter 1776,

25  1870, Laws of Florida, are made applicable to said

26  universities insofar as the same are or can be made effective;

27  and all estate, right, property claim, and emoluments, and the

28  rents and issues thereof, or any substitutions thereof, and

29  all claims and demands arising or that may or can arise

30  thereunder, or any Act of Congress in that regard, are hereby

31  preserved, maintained, and transferred to the University of


                                 458

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Florida Board of Trustees and the Florida Agricultural and

 2  Mechanical University Board of Trustees for the use and

 3  benefit of said universities under the terms of said acts.

 4         Section 176.  Section 1004.32, Florida Statutes, is

 5  created to read:

 6         1004.32  New College of Florida.--

 7         (1)  MISSION AND GOALS.--New College of Florida with a

 8  campus in Sarasota County serves a distinctive mission as the

 9  4-year residential liberal arts honors college of the State of

10  Florida.  To maintain this mission, New College of Florida has

11  the following goals:

12         (a)  To provide a quality education to students of high

13  ability who, because of their ability, deserve a program of

14  study that is both demanding and stimulating.

15         (b)  To engage in undergraduate educational reform by

16  combining educational innovation with educational excellence.

17         (c)  To provide programs of study that allow students

18  to design their educational experience as much as possible in

19  accordance with their individual interests, values, and

20  abilities.

21         (d)  To challenge undergraduates not only to master

22  existing bodies of knowledge but also to extend the frontiers

23  of knowledge through original research.

24         (2)  ACCREDITATION.--As soon as possible, New College

25  of Florida shall apply to the Commission on Colleges of the

26  Southern Association of Colleges and Schools for separate

27  accreditation.

28         (3)  BOARD OF TRUSTEES.--The Governor shall appoint 12

29  members to the Board of Trustees, to serve 4-year staggered

30  terms, as follows:

31         (a)  Three residents of Sarasota County.


                                 459

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  Two residents of Manatee County.

 2         (c)  Until the expiration date of the terms of office

 3  of the members who are on the board June 30, 2001, seven

 4  members selected from the Board of Trustees of the New College

 5  Foundation.

 6  

 7  In addition, the student body president shall serve ex officio

 8  as a voting member of the board of trustees.

 9         Section 177.  Part II.b. of chapter 1004, Florida

10  Statutes, shall be entitled "Branch Campuses, Centers,

11  Institutes, and Special Programs" and shall consist of ss.

12  1004.33-1004.62.

13         Section 178.  Section 1004.33, Florida Statutes, is

14  created to read:

15         1004.33  The University of South Florida St.

16  Petersburg.--

17         (1)  The St. Petersburg campus of the University of

18  South Florida is established and shall be known as the

19  "University of South Florida St. Petersburg."

20         (a)  The Legislature intends that the University of

21  South Florida St. Petersburg be operated and maintained as a

22  separate organizational and budget entity of the University of

23  South Florida, and that all legislative appropriations for the

24  University of South Florida St. Petersburg be set forth as

25  separate line items in the annual General Appropriations Act.

26         (b)  The University of South Florida St. Petersburg

27  shall have a Campus Board and a Campus Executive Officer.

28         (c)  As soon as possible, but no later than the

29  effective date of this act, the President of the University of

30  South Florida shall begin the process of application to the

31  Commission on Colleges of the Southern Association of Colleges


                                 460

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  and Schools for separate accreditation of the University of

 2  South Florida St. Petersburg. If the application is not

 3  approved or is provisionally approved, the University of South

 4  Florida shall correct any identified deficiencies and shall

 5  continue to work for accreditation.

 6         (2)  The Board of Trustees of the University of South

 7  Florida shall appoint to the Campus Board, from

 8  recommendations of the President of the University of South

 9  Florida, five residents of Pinellas County. If a resident of

10  Pinellas County is appointed to the Board of Trustees of the

11  University of South Florida, the board shall appoint that

12  member to serve jointly as a member of the Campus Board. If

13  more than one Pinellas County resident is appointed to the

14  Board of Trustees, the board shall select one joint member.

15  The Board of Trustees may reappoint a member to the Campus

16  Board for one additional term. The Campus Board has the powers

17  and duties provided by law, which include the authority to:

18         (a)  Review and approve an annual legislative budget

19  request to be submitted to the Commissioner of Education. The

20  Campus Executive Officer shall prepare the legislative budget

21  request in accordance with guidelines established by the State

22  Board of Education. This request must include items for campus

23  operations and fixed capital outlay.

24         (b)  Approve and submit an annual operating plan and

25  budget for review and consultation by the Board of Trustees of

26  the University of South Florida. The campus operating budget

27  must reflect the actual funding available to that campus from

28  separate line-item appropriations contained in each annual

29  General Appropriations Act, which line-item appropriations

30  must initially reflect the funds reported to the Legislature

31  for the University of South Florida St. Petersburg campus for


                                 461

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  fiscal year 2000-2001 and any additional funds provided in the

 2  fiscal year 2001-2002 legislative appropriation.

 3         (c)  Enter into central support services contracts with

 4  the Board of Trustees of the University of South Florida for

 5  any services that the St. Petersburg campus cannot provide

 6  more economically, including payroll processing, accounting,

 7  technology, construction administration, and other desired

 8  services. However, all legal services for the campus must be

 9  provided by a central services contract with the university.

10  The Board of Trustees of the University of South Florida and

11  the Campus Board shall determine in a letter of agreement any

12  allocation or sharing of student fee revenue between the

13  University of South Florida's main campus and the St.

14  Petersburg campus.

15  

16  The Board of Trustees of the University of South Florida may

17  lawfully delegate other powers and duties to the Campus Board

18  for the efficient operation and improvement of the campus and

19  for the purpose of vesting in the campus the attributes

20  necessary to meet the requirements for separate accreditation

21  by the Southern Association of Colleges and Schools.

22         (3)  The University of South Florida St. Petersburg

23  shall be administered by a Campus Executive Officer who shall

24  be appointed by, report directly to, and serve at the pleasure

25  of the President of the University of South Florida. The

26  President shall consult with the Campus Board before hiring or

27  terminating the Campus Executive Officer. The Campus Executive

28  Officer has authority and responsibility as provided in law,

29  including the authority to:

30         (a)  Administer campus operations within the annual

31  operating budget as approved by the Campus Board.


                                 462

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  Recommend to the Campus Board an annual

 2  legislative budget request that includes funding for campus

 3  operations and fixed capital outlay.

 4         (c)  Recommend to the Campus Board an annual campus

 5  operating budget.

 6         (d)  Recommend to the Campus Board appropriate services

 7  and terms and conditions to be included in annual central

 8  support services contracts.

 9         (e)  Carry out any additional responsibilities assigned

10  or delegated by the President of the University of South

11  Florida for the efficient operation and improvement of the

12  campus, especially any authority necessary for the purpose of

13  vesting in the campus attributes necessary to meet the

14  requirements for separate accreditation.

15         (4)  Students enrolled at the University of South

16  Florida, including those enrolled at a branch campus, have the

17  same rights and obligations as provided by law, policy, or

18  rule adopted by the University of South Florida, the Florida

19  Department of Education, or other lawful entity. The

20  University of South Florida shall provide a comprehensive and

21  coordinated system of student registration so that a student

22  enrolled at any campus of the University of South Florida has

23  the ability to register for courses at any other campus of the

24  University of South Florida.

25         (5)  The following entities are not affected by this

26  section and remain under the administrative control of the

27  University of South Florida:

28         (a)  The University of South Florida College of Marine

29  Science, which is a component college of the main campus.

30         (b)  The Florida Institute of Oceanography, which is a

31  Type One Institute.


                                 463

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (c)  The University of South Florida Pediatric Research

 2  Center.

 3         (d)  The University of South Florida/USGS joint

 4  facility.

 5         Section 179.  Section 1004.34, Florida Statutes, is

 6  created to read:

 7         1004.34  The University of South Florida

 8  Sarasota/Manatee.--

 9         (1)  The Sarasota/Manatee campus of the University of

10  South Florida is established and shall be known as the

11  "University of South Florida Sarasota/Manatee."

12         (a)  The Legislature intends that the University of

13  South Florida Sarasota/Manatee be operated and maintained as a

14  separate organizational and budget entity of the University of

15  South Florida and that all legislative appropriations for the

16  University of South Florida Sarasota/Manatee be set forth as

17  separate line items in the annual General Appropriations Act.

18         (b)  The University of South Florida Sarasota/Manatee

19  shall have a Campus Board and a Campus Executive Officer.

20         (c)  As soon as possible, but no later than July 1,

21  2002, the President of the University of South Florida shall

22  begin the process of application to the Commission on Colleges

23  of the Southern Association of Colleges and Schools for

24  separate accreditation of the University of South Florida

25  Sarasota/Manatee. If the application is not approved or is

26  provisionally approved, the University of South Florida shall

27  correct any identified deficiencies and shall continue to work

28  for accreditation.

29         (2)  The Board of Trustees of the University of South

30  Florida shall appoint to the Campus Board, from

31  recommendations of the President of the University of South


                                 464

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Florida, three residents of Manatee County and two residents

 2  of Sarasota County, to serve 4-year staggered terms. If one or

 3  more residents of Sarasota County or Manatee County are

 4  appointed to the Board of Trustees of the University of South

 5  Florida, the board shall, at the next vacancy of the Campus

 6  Board, appoint one of those members to serve jointly as a

 7  member of the Campus Board. The Board of Trustees may

 8  reappoint a member to the Campus Board for one additional

 9  term. The Campus Board has the powers and duties provided by

10  law, which include the authority to:

11         (a)  Review and approve an annual legislative budget

12  request to be submitted to the Commissioner of Education. The

13  Campus Executive Officer shall prepare the legislative budget

14  request in accordance with guidelines established by the State

15  Board of Education. This request must include items for campus

16  operations and fixed capital outlay.

17         (b)  Approve and submit an annual operating plan and

18  budget for review and consultation by the Board of Trustees of

19  the University of South Florida. The campus operating budget

20  must reflect the actual funding available to that campus from

21  separate line-item appropriations contained in each annual

22  General Appropriations Act, which line-item appropriations

23  must initially reflect the funds reported to the Legislature

24  for the University of South Florida Sarasota/Manatee campus

25  for fiscal year 2000-2001 and any additional funds provided in

26  the fiscal year 2001-2002 legislative appropriation.

27         (c)  Enter into central support services contracts with

28  the Board of Trustees of the University of South Florida for

29  any services that the campus at Sarasota/Manatee cannot

30  provide more economically, including payroll processing,

31  accounting, technology, construction administration, and other


                                 465

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  desired services. However, all legal services for the campus

 2  must be provided by a central services contract with the

 3  university. The Board of Trustees of the University of South

 4  Florida and the Campus Board shall determine in a letter of

 5  agreement any allocation or sharing of student fee revenue

 6  between the University of South Florida's main campus and the

 7  Sarasota/Manatee campus.

 8  

 9  The Board of Trustees of the University of South Florida may

10  lawfully delegate other powers and duties to the Campus Board

11  for the efficient operation and improvement of the campus and

12  for the purpose of vesting in the campus the attributes

13  necessary to meet the requirements for separate accreditation

14  by the Southern Association of Colleges and Schools.

15         (3)  The University of South Florida Sarasota/Manatee

16  shall be administered by a Campus Executive Officer who shall

17  be appointed by, report directly to, and serve at the pleasure

18  of the President of the University of South Florida. The

19  President shall consult with the Campus Board before hiring or

20  terminating the Campus Executive Officer. The Campus Executive

21  Officer has authority and responsibility as provided in law,

22  including the authority to:

23         (a)  Administer campus operations within the annual

24  operating budget as approved by the Campus Board.

25         (b)  Recommend to the Campus Board an annual

26  legislative budget request that includes funding for campus

27  operations and fixed capital outlay.

28         (c)  Recommend to the Campus Board an annual campus

29  operating budget.

30  

31  


                                 466

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (d)  Recommend to the Campus Board appropriate services

 2  and terms and conditions to be included in annual central

 3  support services contracts.

 4         (e)  Carry out any additional responsibilities assigned

 5  or delegated by the President of the University of South

 6  Florida for the efficient operation and improvement of the

 7  campus, especially any authority necessary for the purpose of

 8  vesting in the campus attributes necessary to meet the

 9  requirements for separate accreditation.

10         (4)  Students enrolled at the University of South

11  Florida, including those enrolled at a branch campus, have the

12  same rights and obligations as provided by law, policy, or

13  rule adopted by the University of South Florida, the Florida

14  Department of Education, or other lawful entity. The

15  University of South Florida shall provide a comprehensive and

16  coordinated system of student registration so that a student

17  enrolled at any campus of the University of South Florida has

18  the ability to register for courses at any other campus of the

19  University of South Florida.

20         (5)  Promote technology transfer between the research

21  operations of the University of South Florida and local

22  economic development agencies.

23         Section 180.  Section 1004.35, Florida Statutes, is

24  created to read:

25         1004.35  Broward County campuses of Florida Atlantic

26  University; coordination with other institutions.--The State

27  Board of Education and Florida Atlantic University shall

28  consult with Broward Community College and Florida

29  International University in coordinating course offerings at

30  the postsecondary level in Broward County. Florida Atlantic

31  University may contract with the Board of Trustees of Broward


                                 467

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Community College and with Florida International University to

 2  provide instruction in courses offered at the Southeast

 3  Campus. Florida Atlantic University shall increase course

 4  offerings at the Southeast Campus as facilities become

 5  available.

 6         Section 181.  Section 1004.36, Florida Statutes, is

 7  created to read:

 8         1004.36  Florida Atlantic University campuses.--

 9         (1)  The Broward County campuses of Florida Atlantic

10  University are hereby established as a partner of the Florida

11  Atlantic University campus in Boca Raton. The Broward County

12  campuses of Florida Atlantic University shall be known as

13  "Florida Atlantic University Broward." The Boca Raton campuses

14  of Florida Atlantic University shall be known as "Florida

15  Atlantic University Boca Raton." The office of the president

16  shall be at the campus in Boca Raton.

17         (2)  Florida Atlantic University shall develop and

18  administer a separate budget for Florida Atlantic University

19  Broward. The budget shall include, at a minimum, an allocation

20  of those operating and capital outlay funds appropriated

21  annually by the Legislature in the General Appropriations Act

22  for the Broward campuses; a proportional share, based on

23  student credit hours produced at the Broward campuses, of any

24  allocations received by the university from student tuition

25  and fees, except for athletic fees, specifically authorized by

26  law; all overhead charges from sponsored research conducted on

27  the Broward campuses; and all revenues derived from vending

28  funds, auxiliary enterprises and contracts, and grants and

29  donations, as authorized by s. 1011.91, which result from

30  activities on Broward campuses. Florida Atlantic University

31  Broward and Florida Atlantic University Boca Raton may pay


                                 468

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  reasonable charges to appropriate levels of administration of

 2  Florida Atlantic University for services delivered

 3  universitywide.

 4         (3)  The Florida Atlantic University Board of Trustees

 5  shall take all actions necessary to ensure that Florida

 6  Atlantic University Broward and Florida Atlantic University

 7  Boca Raton are partners in the overall policymaking and

 8  academic governance structures of the university. Annual

 9  legislative budget requests for operations and facilities

10  shall separately identify those funds requested for Florida

11  Atlantic University Broward and Florida Atlantic University

12  Boca Raton. Florida Atlantic University Broward and Florida

13  Atlantic University Boca Raton shall have local management

14  authority over their campus faculty, staff, and programs, but

15  there shall be universitywide standards and processes for

16  evaluating requests for promotion and tenure; there shall be

17  complete transferability of credits and uniform programs

18  across campuses; and colleges operating on multiple campuses

19  shall have only one dean for each college. Florida Atlantic

20  University Broward shall establish a faculty senate and may

21  establish a direct-support organization. Any such

22  direct-support organization shall be subject to s. 1004.28(5).

23         (4)  The State Board of Education, as a function of its

24  comprehensive master planning process, shall continue to

25  evaluate the need for undergraduate programs in Broward County

26  and shall assess the extent to which existing postsecondary

27  programs are addressing those needs.

28         Section 182.  Section 1004.37, Florida Statutes, is

29  created to read:

30  

31  


                                 469

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         1004.37  County or area extension programs; cooperation

 2  between counties and University of Florida and Florida

 3  Agricultural and Mechanical University.--

 4         (1)  The Florida Cooperative Extension Service is

 5  administered through the University of Florida and is

 6  supported programmatically by the University of Florida and

 7  Florida Agricultural and Mechanical University in

 8  collaboration with individual county governments. County or

 9  area extension programs will be developed, based on local

10  situations, needs, and problems, supported by scientific and

11  technical information developed by the University of Florida,

12  Florida Agricultural and Mechanical University, the United

13  States Department of Agriculture, and other sources of

14  research information. This information will be made available

15  through the local program, with the aid of research scientists

16  and extension specialists of the University of Florida

17  Institute of Food and Agricultural Sciences and Florida

18  Agricultural and Mechanical University.

19         (2)  In each county or other geographic subdivision the

20  board of county commissioners or other legally constituted

21  governing body will annually determine the extent of its

22  financial participation in cooperative extension work. The

23  extent of such financial participation by the counties will

24  influence the number of county extension agents and clerical

25  staff employed and the scope of the local extension program.

26         (3)  Boards of county commissioners or other legally

27  constituted governing bodies will approve or disapprove of

28  persons recommended for extension positions in the county. If

29  the governing body of the county notifies the extension

30  service by resolution that it wants a list of three qualified

31  candidates, then the extension service shall, for each


                                 470

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  position, make its recommendation by submitting a list of not

 2  fewer than three qualified persons, or all qualified persons

 3  if three or fewer. From this list, the board of county

 4  commissioners, or other legally constituted governing body,

 5  shall make its selection. If none of the persons recommended

 6  are approved, the extension service shall continue to submit

 7  lists of not fewer than three additional qualified persons

 8  until one person is selected. If the governing body of the

 9  county does not forward such a resolution to the extension

10  service, the extension service shall recommend one qualified

11  candidate to the governing body. If a person recommended is

12  not approved, the extension service shall recommend another

13  qualified candidate and shall repeat this procedure as

14  necessary until one person is selected. Extension agents so

15  appointed will be staff members of the University of Florida

16  or Florida Agricultural and Mechanical University, depending

17  on the source of funds. It is the responsibility of the

18  cooperative extension service to determine qualifications for

19  positions.

20         (4)  Although county extension agents are jointly

21  employed by the state universities and federal and county

22  governments for the purposes of administration of the

23  cooperative extension service, the personnel policies and

24  procedures of the University of Florida or Florida

25  Agricultural and Mechanical University, depending on

26  appointment, will apply except in those instances when federal

27  legislation or the basic memorandum of understanding is

28  applicable.

29         (5)  The University of Florida will provide county

30  extension personnel in the county with supervision and

31  resources for planning and programming and is responsible for


                                 471

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the programming process. The Florida Cooperative Extension

 2  Service will make available needed program materials to the

 3  extension agents through the subject matter specialists or

 4  through other resource persons available from within the

 5  university. It will be responsible for maintaining a high

 6  level of technical competence in the county extension staff

 7  through a continuous program of inservice training.

 8         (6)  The county extension director will report

 9  periodically to the board of county commissioners or other

10  legally constituted governing body on programs underway and

11  results in the county. Each board of county commissioners or

12  other legally constituted governing body will develop a plan

13  which will enable it to be kept informed on the progress and

14  results of the local extension program so that its own

15  knowledge of program needs and problems may become a part of

16  the educational work carried on by the agents. Such plan shall

17  provide for a means of communicating the board's satisfaction

18  with the extension program to the county extension director

19  and the cooperative extension service.

20         Section 183.  Section 1004.38, Florida Statutes, is

21  created to read:

22         1004.38  Master of science program in speech-language

23  pathology; Florida International University.--A master of

24  science degree program in speech-language pathology is hereby

25  authorized at Florida International University.

26         Section 184.  Section 1004.39, Florida Statutes, is

27  created to read:

28         1004.39  College of law at Florida International

29  University.--

30         (1)  A college of law is authorized at Florida

31  International University.


                                 472

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (2)  The college of law at Florida International

 2  University must be operated in compliance with the standards

 3  approved by nationally recognized associations for accredited

 4  colleges of law.

 5         (3)  The college of law at Florida International

 6  University, to the extent consistent with the standards

 7  required by the American Bar Association or any other

 8  nationally recognized association for the accreditation of

 9  colleges of law, shall develop a law library collection

10  utilizing electronic formats and mediums.

11         (4)  The college of law at Florida International

12  University shall develop and institute a program that is

13  consistent with sound legal education principles as determined

14  by the American Bar Association or any other nationally

15  recognized association for the accreditation of colleges of

16  law and that, to the extent consistent with such sound legal

17  education principles, is structured to serve the legal needs

18  of traditionally underserved portions of the population by

19  providing an opportunity for participation in a legal clinic

20  program or pro bono legal service.

21         (5)  The Florida International University Board of

22  Trustees shall commence the planning of a college of law at

23  Florida International University. In planning the college of

24  law, the Florida International University Board of Trustees

25  and the State Board of Education may accept grants, donations,

26  gifts, and moneys available for this purpose, including moneys

27  for planning and constructing the college. The Florida

28  International University Board of Trustees may procure and

29  accept any federal funds that are available for the planning,

30  creation, and establishment of the college of law. Classes

31  must commence by the fall semester 2003. If the American Bar


                                 473

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Association or any other nationally recognized association for

 2  the accreditation of colleges of law issues a third

 3  disapproval of an application for provisional approval or for

 4  full approval or fails to grant, within 5 years following the

 5  graduation of the first class, a provisional approval, to the

 6  college of law at Florida International University, the State

 7  Board of Education shall make recommendations to the Governor

 8  and the Legislature as to whether the college of law will

 9  cease operations at the end of the full academic year

10  subsequent to the receipt by the college of law of any such

11  third disapproval, or whether the college of law will continue

12  operations and any conditions for continued operations. If the

13  college of law ceases operations pursuant to this section, the

14  following conditions apply:

15         (a)  The authority for the college of law at Florida

16  International University and the authority of the Florida

17  International University Board of Trustees and the State Board

18  of Education provided in this section shall terminate upon the

19  cessation of operations of the college of law at Florida

20  International University. The college of law at Florida

21  International University shall receive no moneys allocated for

22  the planning, construction, or operation of the college of law

23  after its cessation of operations other than moneys to be

24  expended for the cessation of operations of the college of

25  law. Any moneys allocated to the college of law at Florida

26  International University not expended prior to or scheduled to

27  be expended after the date of the cessation of the college of

28  law shall be appropriated for other use by the Legislature of

29  the State of Florida.

30         (b)  Any buildings of the college of law at Florida

31  International University constructed from the expenditure of


                                 474

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  capital outlay funds appropriated by the Legislature shall be

 2  owned by the Board of Trustees of the Internal Improvement

 3  Trust Fund and managed by the Florida International University

 4  Board of Trustees upon the cessation of the college of law.

 5  

 6  Nothing in this section shall undermine commitments to current

 7  students receiving support as of the date of the enactment of

 8  this section from the law school scholarship program of the

 9  Florida Education Fund as provided in s. 1009.70(8). Students

10  attending the college of law at Florida International

11  University shall be eligible for financial, academic, or other

12  support from the Florida Education Fund as provided in s.

13  1009.70(8) without the college's obtaining accreditation by

14  the American Bar Association.

15         (6)  The college of law at Florida International

16  University shall be dedicated to providing opportunities for

17  minorities to attain representation within the legal

18  profession proportionate to their representation in the

19  general population; however, the college of law shall not

20  include preferences in the admissions process for applicants

21  on the basis of race, national origin, or gender.

22         Section 185.  Section 1004.40, Florida Statutes, is

23  created to read:

24         1004.40  College of law at Florida Agricultural and

25  Mechanical University.--

26         (1)  A college of law is authorized at Florida

27  Agricultural and Mechanical University.

28         (2)  The college of law at Florida Agricultural and

29  Mechanical University must be operated in compliance with the

30  standards approved by nationally recognized associations for

31  accredited colleges of law.


                                 475

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (3)  The college of law at Florida Agricultural and

 2  Mechanical University, to the extent consistent with the

 3  standards required by the American Bar Association or any

 4  other nationally recognized association for the accreditation

 5  of colleges of law, shall develop a law library collection

 6  utilizing electronic formats and mediums.

 7         (4)  The college of law at Florida Agricultural and

 8  Mechanical University shall develop and institute a program

 9  that is consistent with sound legal education principles as

10  determined by the American Bar Association or any other

11  nationally recognized association for the accreditation of

12  colleges of law and that, to the extent consistent with such

13  sound legal education principles, is structured to serve the

14  legal needs of traditionally underserved portions of the

15  population by providing an opportunity for participation in a

16  legal clinic program or pro bono legal service.

17         (5)  The Florida Agricultural and Mechanical University

18  Board of Trustees shall commence the planning of a college of

19  law under the auspices of Florida Agricultural and Mechanical

20  University to be located in the I-4 corridor area. In planning

21  the college of law, the Florida Agricultural and Mechanical

22  University Board of Trustees and the State Board of Education

23  may accept grants, donations, gifts, and moneys available for

24  this purpose, including moneys for planning and constructing

25  the college. The Florida Agricultural and Mechanical

26  University Board of Trustees may procure and accept any

27  federal funds that are available for the planning, creation,

28  and establishment of the college of law. Classes must commence

29  by the fall semester 2003. If the American Bar Association or

30  any other nationally recognized association for the

31  accreditation of colleges of law issues a third disapproval of


                                 476

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  an application for provisional approval or for full approval

 2  or fails to grant, within 5 years following the graduation of

 3  the first class, a provisional approval, to the college of law

 4  at Florida Agricultural and Mechanical University, the State

 5  Board of Education shall make recommendations to the Governor

 6  and Legislature as to whether the college of law will cease

 7  operations at the end of the full academic year subsequent to

 8  the receipt by the college of law of any such third

 9  disapproval, or whether the college of law will continue

10  operations and any conditions for continued operations. If the

11  college of law ceases operations of the college of law

12  pursuant to this section, the following conditions apply:

13         (a)  The authority for the college of law at Florida

14  Agricultural and Mechanical University and the authority of

15  the Florida Agricultural and Mechanical University Board of

16  Trustees and the State Board of Education provided in this

17  section shall terminate upon the cessation of operations of

18  the college of law at Florida Agricultural and Mechanical

19  University. The college of law at Florida Agricultural and

20  Mechanical University shall receive no moneys allocated for

21  the planning, construction, or operation of the college of law

22  after its cessation of operations other than moneys to be

23  expended for the cessation of operations of the college of

24  law. Any moneys allocated to the college of law at Florida

25  Agricultural and Mechanical University not expended prior to

26  or scheduled to be expended after the date of the cessation of

27  the college of law shall be appropriated for other use by the

28  Legislature of the State of Florida.

29         (b)  Any buildings of the college of law at Florida

30  Agricultural and Mechanical University constructed from the

31  expenditure of capital outlay funds appropriated by the


                                 477

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Legislature shall be owned by the Board of Trustees of the

 2  Internal Improvement Trust Fund and managed by the Florida

 3  Agricultural and Mechanical University Board of Trustees upon

 4  the cessation of the college of law.

 5  

 6  Nothing in this section shall undermine commitments to current

 7  students receiving support as of the date of the enactment of

 8  this section from the law school scholarship program of the

 9  Florida Education Fund as provided in s. 1009.70(8). Students

10  attending the college of law at Florida Agricultural and

11  Mechanical University shall be eligible for financial,

12  academic, or other support from the Florida Education Fund as

13  provided in s. 1009.70(8) without the college's obtaining

14  accreditation by the American Bar Association.

15         (6)  The college of law at Florida Agricultural and

16  Mechanical University shall be dedicated to providing

17  opportunities for minorities to attain representation within

18  the legal profession proportionate to their representation in

19  the general population; however, the college of law shall not

20  include preferences in the admissions process for applicants

21  on the basis of race, national origin, or gender.

22         Section 186.  Section 1004.41, Florida Statutes, is

23  created to read:

24         1004.41  University of Florida; J. Hillis Miller Health

25  Center.--

26         (1)  There is established the J. Hillis Miller Health

27  Center at the University of Florida, including campuses at

28  Gainesville and Jacksonville and affiliated teaching

29  hospitals, which shall include the following colleges:

30         (a)  College of Dentistry.

31         (b)  College of Health Professions.


                                 478

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (c)  College of Medicine.

 2         (d)  College of Nursing.

 3         (e)  College of Pharmacy.

 4         (f)  College of Veterinary Medicine and related

 5  teaching hospitals.

 6         (2)  Each college of the health center shall be so

 7  maintained and operated as to comply with the standards

 8  approved by a nationally recognized association for

 9  accreditation.

10         (3)(a)  The University of Florida Health Center

11  Operations and Maintenance Trust Fund shall be administered by

12  the University of Florida Board of Trustees. Funds shall be

13  credited to the trust fund from the sale of goods and services

14  performed by the University of Florida Veterinary Medicine

15  Teaching Hospital. The purpose of the trust fund is to support

16  the instruction, research, and service missions of the

17  University of Florida College of Veterinary Medicine.

18         (b)  Notwithstanding the provisions of s. 216.301, and

19  pursuant to s. 216.351, any balance in the trust fund at the

20  end of any fiscal year shall remain in the trust fund and

21  shall be available for carrying out the purposes of the trust

22  fund.

23         (4)(a)  The University of Florida Board of Trustees

24  shall lease the hospital facilities of the health center,

25  known as the Shands Teaching Hospital and Clinics on the

26  campus of the University of Florida and all furnishings,

27  equipment, and other chattels or choses in action used in the

28  operation of the hospital, to a private not-for-profit

29  corporation organized solely for the purpose of operating the

30  hospital and ancillary health care facilities of the health

31  center and other health care facilities and programs


                                 479

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  determined to be necessary by the board of the nonprofit

 2  corporation. The rental for the hospital facilities shall be

 3  an amount equal to the debt service on bonds or revenue

 4  certificates issued solely for capital improvements to the

 5  hospital facilities or as otherwise provided by law.

 6         (b)  The University of Florida Board of Trustees shall

 7  provide in the lease or by separate contract or agreement with

 8  the not-for-profit corporation for the following:

 9         1.  Approval of the articles of incorporation of the

10  not-for-profit corporation by the University of Florida Board

11  of Trustees and the governance of the not-for-profit

12  corporation by a board of directors appointed and chaired by

13  the President of the University of Florida, or his or her

14  designee, and vice chaired by the Vice President for Health

15  Affairs of the University of Florida.

16         2.  The use of hospital facilities and personnel in

17  support of the research programs and of the teaching role of

18  the health center.

19         3.  The continued recognition of the collective

20  bargaining units and collective bargaining agreements as

21  currently composed and recognition of the certified labor

22  organizations representing those units and agreements.

23         4.  The use of hospital facilities and personnel in

24  connection with research programs conducted by the health

25  center.

26         5.  Reimbursement to the hospital for indigent

27  patients, state-mandated programs, underfunded state programs,

28  and costs to the hospital for support of the teaching and

29  research programs of the health center.  Such reimbursement

30  shall be appropriated to either the health center or the

31  


                                 480

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  hospital each year by the Legislature after review and

 2  approval of the request for funds.

 3         (c)  The University of Florida Board of Trustees may,

 4  with the approval of the Legislature, increase the hospital

 5  facilities or remodel or renovate them, provided that the

 6  rental paid by the hospital for such new, remodeled, or

 7  renovated facilities is sufficient to amortize the costs

 8  thereof over a reasonable period of time or fund the debt

 9  service for any bonds or revenue certificates issued to

10  finance such improvements.

11         (d)  The University of Florida Board of Trustees is

12  authorized to provide to the not-for-profit corporation

13  leasing the hospital facilities and its not-for-profit

14  subsidiaries comprehensive general liability insurance

15  including professional liability from a self-insurance trust

16  program established pursuant to s. 1004.24.

17         (e)  In the event that the lease of the hospital

18  facilities to the not-for-profit corporation is terminated for

19  any reason, the University of Florida Board of Trustees shall

20  resume management and operation of the hospital facilities.

21  In such event, the Administration Commission is authorized to

22  appropriate revenues generated from the operation of the

23  hospital facilities to the University of Florida Board of

24  Trustees to pay the costs and expenses of operating the

25  hospital facility for the remainder of the fiscal year in

26  which such termination occurs.

27         (f)  The University of Florida Board of Trustees is

28  authorized to provide to Shands Jacksonville Healthcare, Inc.,

29  and its not-for-profit subsidiaries and affiliates and any

30  successor corporation that acts in support of the board of

31  trustees, comprehensive general liability coverage, including


                                 481

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  professional liability, from the self-insurance programs

 2  established pursuant to s. 1004.24.

 3         Section 187.  Section 1004.42, Florida Statutes, is

 4  created to read:

 5         1004.42  Florida State University College of

 6  Medicine.--

 7         (1)  CREATION.--There is hereby established a 4-year

 8  allopathic medical school within the Florida State University,

 9  to be known as the Florida State University College of

10  Medicine, with a principal focus on recruiting and training

11  medical professionals to meet the primary health care needs of

12  the state, especially the needs of the state's elderly, rural,

13  minority, and other underserved citizens.

14         (2)  LEGISLATIVE INTENT.--It is the intent of the

15  Legislature that the Florida State University College of

16  Medicine represent a new model for the training of allopathic

17  physician healers for the citizens of the state. In accordance

18  with this intent, the governing philosophy of the College of

19  Medicine should include the training of students, in a humane

20  environment, in the scientific, clinical, and behavioral

21  practices required to deliver patient-centered health care.

22  Key components of the College of Medicine, which would build

23  on the foundation of the 30-year-old Florida State University

24  Program in Medical Sciences (PIMS), would include: admission

25  of diverse types of students who possess good communication

26  skills and are compassionate individuals, representative of

27  the population of the state; basic and behavioral sciences

28  training utilizing medical problem-based teaching; and

29  clinical training at several dispersed sites throughout the

30  state in existing community hospitals, clinics, and doctors'

31  offices.  The Legislature further intends that study of the


                                 482

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  aging human be a continuing focus throughout the 4-year

 2  curriculum and that use of information technology be a key

 3  component of all parts of the educational program.

 4         (3)  PURPOSE.--The College of Medicine shall be

 5  dedicated to: preparing physicians to practice primary care,

 6  geriatric, and rural medicine, to make appropriate use of

 7  emerging technologies, and to function successfully in a

 8  rapidly changing health care environment; advancing knowledge

 9  in the applied biomedical and behavioral sciences, geriatric

10  research, autism, cancer, and chronic diseases; training

11  future scientists to assume leadership in health care delivery

12  and academic medicine; and providing access to medical

13  education for groups which are underrepresented in the medical

14  profession.

15         (4)  TRANSITION; ORGANIZATIONAL STRUCTURE; ADMISSIONS

16  PROCESS.--The General Appropriations Act for fiscal year

17  1999-2000 included initial funding for facilities and

18  operations to provide a transition from the Program in Medical

19  Sciences (PIMS) to a College of Medicine at the Florida State

20  University. For transitional purposes, the Program in Medical

21  Sciences (PIMS) in the College of Arts and Sciences at the

22  Florida State University shall be reorganized and

23  restructured, as soon as practicable, as the Institute of

24  Human Medical Sciences. At such time as the 4-year educational

25  program development is underway and a sufficient number of

26  basic and behavioral sciences and clinical faculty are

27  recruited, the Institute of Human Medical Sciences shall

28  evolve into the Florida State University College of Medicine,

29  with appropriate departments. The current admissions procedure

30  utilized by the Program in Medical Sciences (PIMS) shall

31  provide the basis for the design of an admissions process for


                                 483

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the College of Medicine, with selection criteria that focus on

 2  identifying future primary care physicians who have

 3  demonstrated interest in serving underserved areas. Enrollment

 4  levels at the College of Medicine are planned to not exceed

 5  120 students per class, and shall be phased in from 30

 6  students in the Program in Medical Sciences (PIMS), to 40

 7  students admitted to the College of Medicine as the charter

 8  class in Fall 2001, and 20 additional students admitted to the

 9  College of Medicine in each class thereafter until the maximum

10  class size is reached.

11         (5)  PARTNER ORGANIZATIONS FOR CLINICAL INSTRUCTION;

12  GRADUATE PROGRAMS.--To provide broad-based clinical

13  instruction in both rural and urban settings for students in

14  the community-based medical education program, the College of

15  Medicine, through creation of nonprofit corporations, shall

16  seek affiliation agreements with health care systems and

17  organizations, local hospitals, medical schools, and military

18  health care facilities in the following targeted communities:

19  Pensacola, Tallahassee, Orlando, Sarasota, Jacksonville, and

20  the rural areas of the state. Selected hospitals in the target

21  communities include, but are not limited to, the following:

22         (a)  Baptist Health Care in Pensacola.

23         (b)  Sacred Heart Health System in Pensacola.

24         (c)  West Florida Regional Medical Center in Pensacola.

25         (d)  Tallahassee Memorial Healthcare in Tallahassee.

26         (e)  Florida Hospital Health System in Orlando.

27         (f)  Sarasota Memorial Health Care System in Sarasota.

28         (g)  Mayo Clinic in Jacksonville.

29         (h)  Lee Memorial Health System, Inc., in Fort Myers.

30         (i)  Rural hospitals in the state.

31  


                                 484

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  The College of Medicine shall also explore all alternatives

 2  for cooperation with established graduate medical education

 3  programs in the state to develop a plan to retain its

 4  graduates in residency programs in Florida.

 5         (6)  ACCREDITATION.--The College of Medicine shall

 6  develop a program which conforms to the accreditation

 7  standards of the Liaison Committee on Medical Education

 8  (LCME).

 9         (7)  CURRICULA; CLINICAL ROTATION TRAINING SITES.--

10         (a)  The preclinical curriculum shall draw on the

11  Florida State University's Program in Medical Sciences (PIMS)

12  experience and national trends in basic and behavioral

13  sciences instruction, including use of technology for

14  distributed and distance learning. First-year instruction

15  shall include a lecture mode and problem-based learning. In

16  the second year, a small-group, problem-based learning

17  approach shall provide more advanced treatment of each

18  academic subject in a patient-centered context. Various

19  short-term clinical exposures shall be programmed throughout

20  the preclinical years, including rural, geriatric, and

21  minority health, and contemporary practice patterns in these

22  areas.

23         (b)  During the third and fourth years, the curriculum

24  shall follow a distributed, community-based model with a

25  special focus on rural health. Subgroups of students shall be

26  assigned to clinical rotation training sites in local

27  communities in roughly equal numbers, as follows:

28         1.  Group 1 - Tallahassee.

29         2.  Group 2 - Pensacola.

30         3.  Group 3 - Orlando.

31         4.  Group 4 - Sarasota.


                                 485

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         5.  Group 5 - Jacksonville.

 2         6.  Group 6 - To be determined prior to 2005, based on

 3  emerging state needs.

 4         7.  Group 7 - Rural Physician Associate Program (RPAP).

 5         (8)  MEDICAL NEEDS OF THE ELDERLY.--The College of

 6  Medicine shall develop a comprehensive program to ensure

 7  training in the medical needs of the elderly and incorporate

 8  principles embodied in the curriculum guidelines of the

 9  American Geriatric Society.  The College of Medicine shall

10  have as one of its primary missions the improvement of medical

11  education for physicians who will treat elder citizens.  To

12  accomplish this mission, the College of Medicine shall

13  establish an academic leadership position in geriatrics,

14  create an external elder care advisory committee, and

15  implement an extensive faculty development plan.  For student

16  recruitment purposes, the current Program in Medical Sciences

17  (PIMS) selection criteria shall be expanded to include

18  consideration of students who have expressed an interest in

19  elder care and who have demonstrated, through life choices, a

20  commitment to serve older persons.

21         (9)  MEDICAL NEEDS OF UNDERSERVED AREAS.--To address

22  the medical needs of the state's rural and underserved

23  populations, the College of Medicine shall develop a

24  Department of Family Medicine with a significant rural

25  training track that provides students with early and frequent

26  clinical experiences in community-based settings to train and

27  produce highly skilled primary care physicians.  The College

28  of Medicine shall consider developing new, rural-based family

29  practice clinical training programs and shall establish a

30  partnership with the West Florida Area Health Education Center

31  to assist in developing partnerships and programs to provide


                                 486

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  incentives and support for physicians to practice in primary

 2  care, geriatric, and rural medicine in underserved areas of

 3  the state.

 4         (10)  INCREASING PARTICIPATION OF UNDERREPRESENTED

 5  GROUPS.--To increase the participation of underrepresented

 6  groups and socially and economically disadvantaged youth in

 7  science and medical programs, the College of Medicine shall

 8  continue the outreach efforts of the Program in Medical

 9  Sciences (PIMS) to middle and high school minority students,

10  including the Science Students Together Reaching Instructional

11  Diversity and Excellence (SSTRIDE), and shall build an

12  endowment income to support recruitment programs and

13  scholarship and financial aid packages for these students. To

14  develop a base of qualified potential medical school

15  candidates from underrepresented groups, the College of

16  Medicine shall coordinate with the undergraduate premedical

17  and science programs currently offered at the Florida State

18  University, develop relationships with potential feeder

19  institutions, including 4-year institutions and community

20  colleges, and pursue grant funds to support programs, as well

21  as support scholarship and financial aid packages. The College

22  of Medicine shall develop plans for a postbaccalaureate,

23  1-year academic program that provides a second chance to a

24  limited number of students per year who have been declined

25  medical school admission, who are state residents, and who

26  meet established criteria as socially and economically

27  disadvantaged. The College of Medicine shall make every

28  effort, through recruitment and retention, to employ a faculty

29  and support staff that reflect the heterogeneous nature of the

30  state's general population.

31  


                                 487

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (11)  TECHNOLOGY.--To create technology-rich learning

 2  environments, the College of Medicine shall build on the

 3  considerable infrastructure that already supports the many

 4  technology resources of the Florida State University and shall

 5  expand the infrastructure to conduct an effective medical

 6  education program, including connectivity between the main

 7  campus, community-based training locations, and rural clinic

 8  locations. Additional technology programs shall include

 9  extensive professional development opportunities for faculty;

10  an on-line library of academic and medical resources for

11  students, faculty, and community preceptors; and

12  technology-sharing agreements with other medical schools to

13  allow for the exchange of technology applications among

14  medical school faculty for the purpose of enhancing medical

15  education. The College of Medicine shall explore the

16  opportunities afforded by Mayo Clinic in Jacksonville through

17  clerkships, visiting professors or lectures through the

18  existing telecommunications systems, and collaboration in

19  research activities at the Mayo Clinic's Jacksonville campus.

20         (12)  ADMINISTRATION; FACULTY.--Each of the major

21  community-based clinical rotation training sites described in

22  subsection (7) shall have a community dean and a student

23  affairs/administrative officer. Teaching faculty for the

24  community-based clinical training component shall be community

25  physicians serving part-time appointments.  Sixty faculty

26  members shall be recruited to serve in the basic and

27  behavioral sciences department. The College of Medicine shall

28  have a small core staff of on-campus, full-time faculty and

29  administrators at the Florida State University, including a

30  dean, a senior associate dean for educational programs, an

31  associate dean for clinical education, a chief


                                 488

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  financial/administrative officer, an admissions/student

 2  affairs officer, an instructional resources coordinator, a

 3  coordinator for graduate and continuing medical education, and

 4  several mission focus coordinators.

 5         (13)  COLLABORATION WITH OTHER PROFESSIONALS.--To

 6  provide students with the skills, knowledge, and values needed

 7  to practice medicine in the evolving national system of health

 8  care delivery, the College of Medicine shall fully integrate

 9  modern health care delivery concepts into its curriculum.  For

10  this purpose, the College of Medicine shall develop a

11  partnership with one or more health care organizations in the

12  state and shall recruit faculty with strong health care

13  delivery competencies. Faculty from other disciplines at the

14  Florida State University shall be utilized to develop

15  team-based approaches to core competencies in the delivery of

16  health care.

17         (14)  INDEMNIFICATION FROM LIABILITY.--This section

18  shall be construed to authorize the Florida State University

19  Board of Trustees to negotiate and purchase policies of

20  insurance to indemnify from any liability those individuals or

21  entities providing sponsorship or training to the students of

22  the medical school, professionals employed by the medical

23  school, and students of the medical school.

24         Section 188.  Section 1004.43, Florida Statutes, is

25  created to read:

26         1004.43  H. Lee Moffitt Cancer Center and Research

27  Institute.--There is established the H. Lee Moffitt Cancer

28  Center and Research Institute at the University of South

29  Florida.

30         (1)  The State Board of Education shall enter into an

31  agreement for the utilization of the facilities on the campus


                                 489

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  of the University of South Florida to be known as the H. Lee

 2  Moffitt Cancer Center and Research Institute, including all

 3  furnishings, equipment, and other chattels used in the

 4  operation of said facilities, with a Florida not-for-profit

 5  corporation organized solely for the purpose of governing and

 6  operating the H. Lee Moffitt Cancer Center and Research

 7  Institute.  This not-for-profit corporation, acting as an

 8  instrumentality of the State of Florida, shall govern and

 9  operate the H. Lee Moffitt Cancer Center and Research

10  Institute in accordance with the terms of the agreement

11  between the State Board of Education and the not-for-profit

12  corporation. The not-for-profit corporation may, with the

13  prior approval of the State Board of Education, create

14  not-for-profit corporate subsidiaries to fulfill its mission.

15  The not-for-profit corporation and its subsidiaries are

16  authorized to receive, hold, invest, and administer property

17  and any moneys received from private, local, state, and

18  federal sources, as well as technical and professional income

19  generated or derived from practice activities of the

20  institute, for the benefit of the institute and the

21  fulfillment of its mission. The affairs of the corporation

22  shall be managed by a board of directors who shall serve

23  without compensation.  The President of the University of

24  South Florida and the chair of the State Board of Education,

25  or his or her designee, shall be directors of the

26  not-for-profit corporation, together with 5 representatives of

27  the state universities and no more than 14 nor fewer than 10

28  directors who are not medical doctors or state employees.

29  Each director shall have only one vote, shall serve a term of

30  3 years, and may be reelected to the board.  Other than the

31  President of the University of South Florida and the chair of


                                 490

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the State Board of Education, directors shall be elected by a

 2  majority vote of the board. The chair of the board of

 3  directors shall be selected by majority vote of the directors.

 4         (2)  The State Board of Education shall provide in the

 5  agreement with the not-for-profit corporation for the

 6  following:

 7         (a)  Approval of the articles of incorporation of the

 8  not-for-profit corporation by the State Board of Education.

 9         (b)  Approval of the articles of incorporation of any

10  not-for-profit corporate subsidiary created by the

11  not-for-profit corporation.

12         (c)  Utilization of hospital facilities and personnel

13  by the not-for-profit corporation and its subsidiaries for

14  mutually approved teaching and research programs conducted by

15  the University of South Florida or other accredited medical

16  schools or research institutes.

17         (d)  Preparation of an annual financial audit of the

18  not-for-profit corporation's accounts and records and the

19  accounts and records of any subsidiaries to be conducted by an

20  independent certified public accountant. The annual audit

21  report shall include a management letter, as defined in s.

22  11.45, and shall be submitted to the Auditor General and the

23  State Board of Education.  The State Board of Education, the

24  Auditor General, and the Office of Program Policy Analysis and

25  Government Accountability shall have the authority to require

26  and receive from the not-for-profit corporation and any

27  subsidiaries or from their independent auditor any detail or

28  supplemental data relative to the operation of the

29  not-for-profit corporation or subsidiary.

30         (e)  Provision by the not-for-profit corporation and

31  its subsidiaries of equal employment opportunities to all


                                 491

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  persons regardless of race, color, religion, sex, age, or

 2  national origin.

 3         (3)  The State Board of Education is authorized to

 4  secure comprehensive general liability protection, including

 5  professional liability protection, for the not-for-profit

 6  corporation and its subsidiaries pursuant to s. 1004.24.

 7         (4)  In the event that the agreement between the

 8  not-for-profit corporation and the State Board of Education is

 9  terminated for any reason, the State Board of Education shall

10  resume governance and operation of said facilities.

11         (5)  The institute shall be administered by a chief

12  executive officer who shall serve at the pleasure of the board

13  of directors of the not-for-profit corporation and who shall

14  have the following powers and duties subject to the approval

15  of the board of directors:

16         (a)  The chief executive officer shall establish

17  programs which fulfill the mission of the institute in

18  research, education, treatment, prevention, and the early

19  detection of cancer; however, the chief executive officer

20  shall not establish academic programs for which academic

21  credit is awarded and which terminate in the conference of a

22  degree without prior approval of the State Board of Education.

23         (b)  The chief executive officer shall have control

24  over the budget and the dollars appropriated or donated to the

25  institute from private, local, state, and federal sources, as

26  well as technical and professional income generated or derived

27  from practice activities of the institute.  However,

28  professional income generated by university faculty from

29  practice activities at the institute shall be shared between

30  the institute and the university as determined by the chief

31  


                                 492

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  executive officer and the appropriate university dean or vice

 2  president.

 3         (c)  The chief executive officer shall appoint members

 4  to carry out the research, patient care, and educational

 5  activities of the institute and determine compensation,

 6  benefits, and terms of service.  Members of the institute

 7  shall be eligible to hold concurrent appointments at

 8  affiliated academic institutions. University faculty shall be

 9  eligible to hold concurrent appointments at the institute.

10         (d)  The chief executive officer shall have control

11  over the use and assignment of space and equipment within the

12  facilities.

13         (e)  The chief executive officer shall have the power

14  to create the administrative structure necessary to carry out

15  the mission of the institute.

16         (f)  The chief executive officer shall have a reporting

17  relationship to the Commissioner of Education.

18         (g)  The chief executive officer shall provide a copy

19  of the institute's annual report to the Governor and Cabinet,

20  the President of the Senate, the Speaker of the House of

21  Representatives, and the chair of the State Board of

22  Education.

23         (6)  The board of directors of the not-for-profit

24  corporation shall create a council of scientific advisers to

25  the chief executive officer comprised of leading researchers,

26  physicians, and scientists. This council shall review programs

27  and recommend research priorities and initiatives so as to

28  maximize the state's investment in the institute. The council

29  shall be appointed by the board of directors of the

30  not-for-profit corporation and shall include five appointees

31  of the State Board of Education. Each member of the council


                                 493

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  shall be appointed to serve a 2-year term and may be

 2  reappointed to the council.

 3         (7)  In carrying out the provisions of this section,

 4  the not-for-profit corporation and its subsidiaries are not

 5  "agencies" within the meaning of s. 20.03(11).

 6         (8)(a)  Records of the not-for-profit corporation and

 7  of its subsidiaries are public records unless made

 8  confidential or exempt by law.

 9         (b)  Proprietary confidential business information is

10  confidential and exempt from the provisions of s. 119.07(1)

11  and s. 24(a), Art. I of the State Constitution.  However, the

12  Auditor General, the Office of Program Policy Analysis and

13  Government Accountability, and the State Board of Education,

14  pursuant to their oversight and auditing functions, must be

15  given access to all proprietary confidential business

16  information upon request and without subpoena and must

17  maintain the confidentiality of information so received. As

18  used in this paragraph, the term "proprietary confidential

19  business information" means information, regardless of its

20  form or characteristics, which is owned or controlled by the

21  not-for-profit corporation or its subsidiaries; is intended to

22  be and is treated by the not-for-profit corporation or its

23  subsidiaries as private and the disclosure of which would harm

24  the business operations of the not-for-profit corporation or

25  its subsidiaries; has not been intentionally disclosed by the

26  corporation or its subsidiaries unless pursuant to law, an

27  order of a court or administrative body, a legislative

28  proceeding pursuant to s. 5, Art. III of the State

29  Constitution, or a private agreement that provides that the

30  information may be released to the public; and which is

31  information concerning:


                                 494

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         1.  Internal auditing controls and reports of internal

 2  auditors;

 3         2.  Matters reasonably encompassed in privileged

 4  attorney-client communications;

 5         3.  Contracts for managed-care arrangements, including

 6  preferred provider organization contracts, health maintenance

 7  organization contracts, and exclusive provider organization

 8  contracts, and any documents directly relating to the

 9  negotiation, performance, and implementation of any such

10  contracts for managed-care arrangements;

11         4.  Bids or other contractual data, banking records,

12  and credit agreements the disclosure of which would impair the

13  efforts of the not-for-profit corporation or its subsidiaries

14  to contract for goods or services on favorable terms;

15         5.  Information relating to private contractual data,

16  the disclosure of which would impair the competitive interest

17  of the provider of the information;

18         6.  Corporate officer and employee personnel

19  information;

20         7.  Information relating to the proceedings and records

21  of credentialing panels and committees and of the governing

22  board of the not-for-profit corporation or its subsidiaries

23  relating to credentialing;

24         8.  Minutes of meetings of the governing board of the

25  not-for-profit corporation and its subsidiaries, except

26  minutes of meetings open to the public pursuant to subsection

27  (9);

28         9.  Information that reveals plans for marketing

29  services that the corporation or its subsidiaries reasonably

30  expect to be provided by competitors;

31  


                                 495

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         10.  Trade secrets as defined in s. 688.002, including

 2  reimbursement methodologies or rates; or

 3         11.  The identity of donors or prospective donors of

 4  property who wish to remain anonymous or any information

 5  identifying such donors or prospective donors.  The anonymity

 6  of these donors or prospective donors must be maintained in

 7  the auditor's report.

 8  

 9  As used in this paragraph, the term "managed care" means

10  systems or techniques generally used by third-party payors or

11  their agents to affect access to and control payment for

12  health care services. Managed-care techniques most often

13  include one or more of the following:  prior, concurrent, and

14  retrospective review of the medical necessity and

15  appropriateness of services or site of services; contracts

16  with selected health care providers; financial incentives or

17  disincentives related to the use of specific providers,

18  services, or service sites; controlled access to and

19  coordination of services by a case manager; and payor efforts

20  to identify treatment alternatives and modify benefit

21  restrictions for high-cost patient care.

22         (9)  Meetings of the governing board of the

23  not-for-profit corporation and meetings of the subsidiaries of

24  the not-for-profit corporation at which the expenditure of

25  dollars appropriated to the not-for-profit corporation by the

26  state are discussed or reported must remain open to the public

27  in accordance with s. 286.011 and s. 24(b), Art. I of the

28  State Constitution, unless made confidential or exempt by law.

29  Other meetings of the governing board of the not-for-profit

30  corporation and of the subsidiaries of the not-for-profit

31  


                                 496

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  corporation are exempt from s. 286.011 and s. 24(b), Art. I of

 2  the State Constitution.

 3         Section 189.  Section 1004.435, Florida Statutes, is

 4  created to read:

 5         1004.435  Cancer control and research.--

 6         (1)  SHORT TITLE.--This section shall be known and may

 7  be cited as the "Cancer Control and Research Act."

 8         (2)  LEGISLATIVE INTENT.--It is the finding of the

 9  Legislature that:

10         (a)  Advances in scientific knowledge have led to the

11  development of preventive and therapeutic capabilities in the

12  control of cancer.  Such knowledge and therapy must be made

13  available to all citizens of this state through educational

14  and therapeutic programs.

15         (b)  The present state of our knowledge concerning the

16  prevalence, cause or associated factors, and treatment of

17  cancer have resulted primarily from a vast federal investment

18  into basic and clinical research, some of which is expended in

19  this state. These research activities must continue, but

20  programs must be established to extend this knowledge in

21  preventive measures and patient treatment throughout the

22  state.

23         (c)  Research in cancer has implicated the environment

24  as a causal factor for many types of cancer, i.e., sunshine, X

25  rays, diet, smoking, etc., and programs are needed to further

26  document such cause and effect relationships.  Proven causes

27  of cancer should be publicized and be the subject of

28  educational programs for the prevention of cancer.

29         (d)  An effective cancer control program would mobilize

30  the scientific, educational, and medical resources that

31  


                                 497

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  presently exist into an intense attack against this dread

 2  disease.

 3         (3)  DEFINITIONS.--The following words and phrases when

 4  used in this section have, unless the context clearly

 5  indicates otherwise, the meanings given to them in this

 6  subsection:

 7         (a)  "Cancer" means all malignant neoplasms, regardless

 8  of the tissue of origin, including lymphoma and leukemia.

 9         (b)  "Council" means the Florida Cancer Control and

10  Research Advisory Council, which is an advisory body appointed

11  to function on a continuing basis for the study of cancer and

12  which recommends solutions and policy alternatives to the

13  State Board of Education and the secretary and which is

14  established by this section.

15         (c)  "Department" means the Department of Health.

16         (d)  "Fund" means the Florida Cancer Control and

17  Research Fund established by this section.

18         (e)  "Qualified nonprofit association" means any

19  association, incorporated or unincorporated, that has received

20  tax-exempt status from the Internal Revenue Service.

21         (f)  "Secretary" means the Secretary of Health.

22         (4)  FLORIDA CANCER CONTROL AND RESEARCH ADVISORY

23  COUNCIL; CREATION; COMPOSITION.--

24         (a)  There is created within the H. Lee Moffitt Cancer

25  Center and Research Institute, Inc., the Florida Cancer

26  Control and Research Advisory Council.  The council shall

27  consist of 35 members, which includes the chairperson, all of

28  whom must be residents of this state. All members, except

29  those appointed by the Speaker of the House of Representatives

30  and the President of the Senate, must be appointed by the

31  Governor.  At least one of the members appointed by the


                                 498

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Governor must be 60 years of age or older.  One member must be

 2  a representative of the American Cancer Society; one member

 3  must be a representative of the Florida Tumor Registrars

 4  Association; one member must be a representative of the

 5  Sylvester Comprehensive Cancer Center of the University of

 6  Miami; one member must be a representative of the Department

 7  of Health; one member must be a representative of the

 8  University of Florida Shands Cancer Center; one member must be

 9  a representative of the Agency for Health Care Administration;

10  one member must be a representative of the Florida Nurses

11  Association; one member must be a representative of the

12  Florida Osteopathic Medical Association; one member must be a

13  representative of the American College of Surgeons; one member

14  must be a representative of the School of Medicine of the

15  University of Miami; one member must be a representative of

16  the College of Medicine of the University of Florida; one

17  member must be a representative of NOVA Southeastern College

18  of Osteopathic Medicine; one member must be a representative

19  of the College of Medicine of the University of South Florida;

20  one member must be a representative of the College of Public

21  Health of the University of South Florida; one member must be

22  a representative of the Florida Society of Clinical Oncology;

23  one member must be a representative of the Florida Obstetric

24  and Gynecologic Society who has had training in the specialty

25  of gynecologic oncology; one member must be a representative

26  of the Florida Medical Association; one member must be a

27  member of the Florida Pediatric Society; one member must be a

28  representative of the Florida Radiological Society; one member

29  must be a representative of the Florida Society of

30  Pathologists; one member must be a representative of the H.

31  Lee Moffitt Cancer Center and Research Institute, Inc.; three


                                 499

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  members must be representatives of the general public acting

 2  as consumer advocates; one member must be a member of the

 3  House of Representatives appointed by the Speaker of the House

 4  of Representatives; one member must be a member of the Senate

 5  appointed by the President of the Senate; one member must be a

 6  representative of the Department of Education; one member must

 7  be a representative of the Florida Dental Association; one

 8  member must be a representative of the Florida Hospital

 9  Association; one member must be a representative of the

10  Association of Community Cancer Centers; one member shall be a

11  representative from a statutory teaching hospital affiliated

12  with a community-based cancer center; one member must be a

13  representative of the Florida Association of Pediatric Tumor

14  Programs, Inc.; one member must be a representative of the

15  Cancer Information Service; one member must be a

16  representative of the Florida Agricultural and Mechanical

17  University Institute of Public Health; and one member must be

18  a representative of the Florida Society of Oncology Social

19  Workers.  Of the members of the council appointed by the

20  Governor, at least 10 must be individuals who are minority

21  persons as defined by s. 288.703(3).

22         (b)  The terms of the members shall be 4 years from

23  their respective dates of appointment.

24         (c)  A chairperson shall be appointed by the Governor

25  for a term of 2 years.  The chairperson shall appoint an

26  executive committee of no fewer than three persons to serve at

27  the pleasure of the chairperson.  This committee will prepare

28  material for the council but make no final decisions.

29         (d)  The council shall meet no less than semiannually

30  at the call of the chairperson or, in his or her absence or

31  incapacity, at the call of the secretary.  Sixteen members


                                 500

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  constitute a quorum for the purpose of exercising all of the

 2  powers of the council.  A vote of the majority of the members

 3  present is sufficient for all actions of the council.

 4         (e)  The council members shall serve without pay.

 5  Pursuant to the provisions of s. 112.061, the council members

 6  may be entitled to be reimbursed for per diem and travel

 7  expenses.

 8         (f)  No member of the council shall participate in any

 9  discussion or decision to recommend grants or contracts to any

10  qualified nonprofit association or to any agency of this state

11  or its political subdivisions with which the member is

12  associated as a member of the governing body or as an employee

13  or with which the member has entered into a contractual

14  arrangement.

15         (g)  The council may prescribe, amend, and repeal

16  bylaws governing the manner in which the business of the

17  council is conducted.

18         (h)  The council shall advise the State Board of

19  Education, the secretary, and the Legislature with respect to

20  cancer control and research in this state.

21         (i)  The council shall approve each year a program for

22  cancer control and research to be known as the "Florida Cancer

23  Plan" which shall be consistent with the State Health Plan and

24  integrated and coordinated with existing programs in this

25  state.

26         (j)  The council shall formulate and recommend to the

27  secretary a plan for the care and treatment of persons

28  suffering from cancer and recommend the establishment of

29  standard requirements for the organization, equipment, and

30  conduct of cancer units or departments in hospitals and

31  clinics in this state. The council may recommend to the


                                 501

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  secretary the designation of cancer units following a survey

 2  of the needs and facilities for treatment of cancer in the

 3  various localities throughout the state.  The secretary shall

 4  consider the plan in developing departmental priorities and

 5  funding priorities and standards under chapter 395.

 6         (k)  The council is responsible for including in the

 7  Florida Cancer Plan recommendations for the coordination and

 8  integration of medical, nursing, paramedical, lay, and other

 9  plans concerned with cancer control and research. Committees

10  shall be formed by the council so that the following areas

11  will be established as entities for actions:

12         1.  Cancer plan evaluation:  tumor registry, data

13  retrieval systems, and epidemiology of cancer in the state and

14  its relation to other areas.

15         2.  Cancer prevention.

16         3.  Cancer detection.

17         4.  Cancer patient management:  treatment,

18  rehabilitation, terminal care, and other patient-oriented

19  activities.

20         5.  Cancer education:  lay and professional.

21         6.  Unproven methods of cancer therapy:  quackery and

22  unorthodox therapies.

23         7.  Investigator-initiated project research.

24         (l)  In order to implement in whole or in part the

25  Florida Cancer Plan, the council shall recommend to the State

26  Board of Education or the secretary the awarding of grants and

27  contracts to qualified profit or nonprofit associations or

28  governmental agencies in order to plan, establish, or conduct

29  programs in cancer control or prevention, cancer education and

30  training, and cancer research.

31  


                                 502

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (m)  If funds are specifically appropriated by the

 2  Legislature, the council shall develop or purchase

 3  standardized written summaries, written in layperson's terms

 4  and in language easily understood by the average adult

 5  patient, informing actual and high-risk breast cancer

 6  patients, prostate cancer patients, and men who are

 7  considering prostate cancer screening of the medically viable

 8  treatment alternatives available to them in the effective

 9  management of breast cancer and prostate cancer; describing

10  such treatment alternatives; and explaining the relative

11  advantages, disadvantages, and risks associated therewith.

12  The breast cancer summary, upon its completion, shall be

13  printed in the form of a pamphlet or booklet and made

14  continuously available to physicians and surgeons in this

15  state for their use in accordance with s. 458.324 and to

16  osteopathic physicians in this state for their use in

17  accordance with s. 459.0125.  The council shall periodically

18  update both summaries to reflect current standards of medical

19  practice in the treatment of breast cancer and prostate

20  cancer.  The council shall develop and implement educational

21  programs, including distribution of the summaries developed or

22  purchased under this paragraph, to inform citizen groups,

23  associations, and voluntary organizations about early

24  detection and treatment of breast cancer and prostate cancer.

25         (n)  The council shall have the responsibility to

26  advise the State Board of Education and the secretary on

27  methods of enforcing and implementing laws already enacted and

28  concerned with cancer control, research, and education.

29         (o)  The council may recommend to the State Board of

30  Education or the secretary rules not inconsistent with law as

31  


                                 503

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  it may deem necessary for the performance of its duties and

 2  the proper administration of this section.

 3         (p)  The council shall formulate and put into effect a

 4  continuing educational program for the prevention of cancer

 5  and its early diagnosis and disseminate to hospitals, cancer

 6  patients, and the public information concerning the proper

 7  treatment of cancer.

 8         (q)  The council shall be physically located at the H.

 9  Lee Moffitt Cancer Center and Research Institute, Inc., at the

10  University of South Florida.

11         (r)  On February 15 of each year, the council shall

12  report to the Governor and to the Legislature.

13         (5)  RESPONSIBILITIES OF THE STATE BOARD OF EDUCATION,

14  THE H. LEE MOFFITT CANCER CENTER AND RESEARCH INSTITUTE, INC.,

15  AND THE SECRETARY.--

16         (a)  The State Board of Education or the secretary,

17  after consultation with the council, shall award grants and

18  contracts to qualified nonprofit associations and governmental

19  agencies in order to plan, establish, or conduct programs in

20  cancer control and prevention, cancer education and training,

21  and cancer research.

22         (b)  The H. Lee Moffitt Cancer Center and Research

23  Institute, Inc., shall provide such staff, information, and

24  other assistance as reasonably necessary for the completion of

25  the responsibilities of the council.

26         (c)  The State Board of Education or the secretary,

27  after consultation with the council, may adopt rules necessary

28  for the implementation of this section.

29         (d)  The secretary, after consultation with the

30  council, shall make rules specifying to what extent and on

31  what terms and conditions cancer patients of the state may


                                 504

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  receive financial aid for the diagnosis and treatment of

 2  cancer in any hospital or clinic selected.  The department may

 3  furnish to citizens of this state who are afflicted with

 4  cancer financial aid to the extent of the appropriation

 5  provided for that purpose in a manner which in its opinion

 6  will afford the greatest benefit to those afflicted and may

 7  make arrangements with hospitals, laboratories, or clinics to

 8  afford proper care and treatment for cancer patients in this

 9  state.

10         (6)  FLORIDA CANCER CONTROL AND RESEARCH FUND.--

11         (a)  There is created the Florida Cancer Control and

12  Research Fund consisting of funds appropriated therefor from

13  the General Revenue Fund and any gifts, grants, or funds

14  received from other sources.

15         (b)  The fund shall be used exclusively for grants and

16  contracts to qualified nonprofit associations or governmental

17  agencies for the purpose of cancer control and prevention,

18  cancer education and training, cancer research, and all

19  expenses incurred in connection with the administration of

20  this section and the programs funded through the grants and

21  contracts authorized by the State Board of Education or the

22  secretary.

23         Section 190.  Section 1004.44, Florida Statutes, is

24  created to read:

25         1004.44  Louis de la Parte Florida Mental Health

26  Institute.--There is established the Louis de la Parte Florida

27  Mental Health Institute within the University of South

28  Florida.

29         (1)  The purpose of the institute is to strengthen

30  mental health services throughout the state by providing

31  technical assistance and support services to mental health


                                 505

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  agencies and mental health professionals.  Such assistance and

 2  services shall include:

 3         (a)  Technical training and specialized education.

 4         (b)  Development, implementation, and evaluation of

 5  mental health service programs.

 6         (c)  Evaluation of availability and effectiveness of

 7  existing mental health services.

 8         (d)  Analysis of factors that influence the incidence

 9  and prevalence of mental and emotional disorders.

10         (e)  Dissemination of information about innovations in

11  mental health services.

12         (f)  Consultation on all aspects of program development

13  and implementation.

14         (g)  Provisions for direct client services, provided

15  for a limited period of time either in the institute facility

16  or in other facilities within the state, and limited to

17  purposes of research or training.

18         (2)  The Department of Children and Family Services is

19  authorized to designate the Louis de la Parte Florida Mental

20  Health Institute a treatment facility for the purpose of

21  accepting voluntary and involuntary clients in accordance with

22  institute programs.  Clients to be admitted are exempted from

23  prior screening by a community mental health center.

24         (3)  The institute may provide direct services in

25  coordination with other agencies.  The institute may also

26  provide support services to state agencies through joint

27  programs, collaborative agreements, contracts, and grants.

28         (4)  The institute shall operate under the authority of

29  the President of the University of South Florida and shall

30  employ a mental health professional as director.  The director

31  shall hold a faculty appointment in a university's college or


                                 506

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  department related to mental health within the university.

 2  The director has primary responsibility for establishing

 3  active liaisons with the community of mental health

 4  professionals and other related constituencies in the state

 5  and may, with approval of the university president, establish

 6  appropriate statewide advisory groups to assist in developing

 7  these communication links.

 8         Section 191.  Section 1004.445, Florida Statutes, is

 9  created to read:

10         1004.445  Florida Alzheimer's Center and Research

11  Institute.--

12         (1)  There is established the Florida Alzheimer's

13  Center and Research Institute at the University of South

14  Florida.

15         (2)(a)  The State Board of Education shall enter into

16  an agreement for the utilization of the facilities on the

17  campus of the University of South Florida to be known as the

18  Florida Alzheimer's Center and Research Institute, including

19  all furnishings, equipment, and other chattels used in the

20  operation of said facilities, with a Florida not-for-profit

21  corporation organized solely for the purpose of governing and

22  operating the Florida Alzheimer's Center and Research

23  Institute.  This not-for-profit corporation, acting as an

24  instrumentality of the state, shall govern and operate the

25  Florida Alzheimer's Center and Research Institute in

26  accordance with the terms of the agreement between the State

27  Board of Education and the not-for-profit corporation.  The

28  not-for-profit corporation may, with the prior approval of the

29  State Board of Education, create not-for-profit corporate

30  subsidiaries to fulfill its mission.  The not-for-profit

31  corporation and its subsidiaries are authorized to receive,


                                 507

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  hold, invest, and administer property and any moneys received

 2  from private, local, state, and federal sources, as well as

 3  technical and professional income generated or derived from

 4  practice activities of the institute, for the benefit of the

 5  institute and the fulfillment of its mission.

 6         (b)1.  The affairs of the not-for-profit corporation

 7  shall be managed by a board of directors who shall serve

 8  without compensation.  The board of directors shall consist of

 9  the President of the University of South Florida and the chair

10  of the State Board of Education, or their designees, five

11  representatives of the state universities, and no fewer than

12  nine nor more than 14 representatives of the public who are

13  neither medical doctors nor state employees.  Each director

14  who is a representative of a state university or of the public

15  shall serve a term of 3 years.  The chair of the board of

16  directors shall be selected by a majority vote of the

17  directors.  Each director shall have only one vote.

18         2.  The initial board of directors shall consist of the

19  President of the University of South Florida and the chair of

20  the State Board of Education, or their designees; the five

21  university representatives, of whom one shall be appointed by

22  the Governor, two by the President of the Senate, and two by

23  the Speaker of the House of Representatives; and nine public

24  representatives, of whom three shall be appointed by the

25  Governor, three by the President of the Senate, and three by

26  the Speaker of the House of Representatives.  Upon the

27  expiration of the terms of the initial appointed directors,

28  all directors subject to 3-year terms of office under this

29  paragraph shall be elected by a majority vote of the directors

30  and the board may be expanded to include additional public

31  representative directors up to the maximum number allowed.


                                 508

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Any vacancy in office shall be filled for the remainder of the

 2  term by majority vote of the directors.  Any director may be

 3  reelected.

 4         (3)  The State Board of Education shall provide in the

 5  agreement with the not-for-profit corporation for the

 6  following:

 7         (a)  Approval by the State Board of Education of the

 8  articles of incorporation of the not-for-profit corporation.

 9         (b)  Approval by the State Board of Education of the

10  articles of incorporation of any not-for-profit corporate

11  subsidiary created by the not-for-profit corporation.

12         (c)  Utilization of hospital facilities and personnel

13  by the not-for-profit corporation and its subsidiaries for

14  mutually approved teaching and research programs conducted by

15  the University of South Florida or other accredited medical

16  schools or research institutes.

17         (d)  Preparation of an annual postaudit of the

18  not-for-profit corporation's financial accounts and the

19  financial accounts of any subsidiaries to be conducted by an

20  independent certified public accountant.  The annual audit

21  report shall include management letters and shall be submitted

22  to the Auditor General and the State Board of Education for

23  review.  The State Board of Education, the Auditor General,

24  and the Office of Program Policy Analysis and Government

25  Accountability shall have the authority to require and receive

26  from the not-for-profit corporation and any subsidiaries or

27  from their independent auditor any detail or supplemental data

28  relative to the operation of the not-for-profit corporation or

29  subsidiary.

30         (e)  Provision by the not-for-profit corporation and

31  its subsidiaries of equal employment opportunities to all


                                 509

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  persons regardless of race, color, religion, gender, age, or

 2  national origin.

 3         (4)  The State Board of Education is authorized to

 4  secure comprehensive general liability protection, including

 5  professional liability protection, for the not-for-profit

 6  corporation and its subsidiaries, pursuant to s. 1004.24.

 7         (5)  In the event that the agreement between the

 8  not-for-profit corporation and the State Board of Education is

 9  terminated for any reason, the State Board of Education shall

10  assume governance and operation of the facilities.

11         (6)  The institute shall be administered by a chief

12  executive officer who shall be appointed by and serve at the

13  pleasure of the board of directors of the not-for-profit

14  corporation and who shall have the following powers and

15  duties, subject to the approval of the board of directors:

16         (a)  The chief executive officer shall establish

17  programs that fulfill the mission of the institute in

18  research, education, treatment, prevention, and early

19  detection of Alzheimer's disease; however, the chief executive

20  officer may not establish academic programs for which academic

21  credit is awarded and which terminate in the conferring of a

22  degree without prior approval of the State Board of Education.

23         (b)  The chief executive officer shall have control

24  over the budget and the moneys appropriated or donated to the

25  institute from private, local, state, and federal sources, as

26  well as technical and professional income generated or derived

27  from practice activities of the institute.  However,

28  professional income generated by university faculty from

29  practice activities at the institute shall be shared between

30  the institute and the university as determined by the chief

31  


                                 510

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  executive officer and the appropriate university dean or vice

 2  president.

 3         (c)  The chief executive officer shall appoint members

 4  to carry out the research, patient care, and educational

 5  activities of the institute and determine compensation,

 6  benefits, and terms of service.  Members of the institute

 7  shall be eligible to hold concurrent appointments at

 8  affiliated academic institutions.  University faculty shall be

 9  eligible to hold concurrent appointments at the institute.

10         (d)  The chief executive officer shall have control

11  over the use and assignment of space and equipment within the

12  facilities.

13         (e)  The chief executive officer shall have the power

14  to create the administrative structure necessary to carry out

15  the mission of the institute.

16         (f)  The chief executive officer shall have a reporting

17  relationship to the Commissioner of Education.

18         (g)  The chief executive officer shall provide a copy

19  of the institute's annual report to the Governor and Cabinet,

20  the President of the Senate, the Speaker of the House of

21  Representatives, and the chair of the State Board of

22  Education.

23         (7)  The board of directors of the not-for-profit

24  corporation shall create a council of scientific advisers to

25  the chief executive officer comprised of leading researchers,

26  physicians, and scientists.  The council shall review programs

27  and recommend research priorities and initiatives to maximize

28  the state's investment in the institute.  The members of the

29  council shall be appointed by the board of directors of the

30  not-for-profit corporation, except for five members who shall

31  be appointed by the State Board of Education.  Each member of


                                 511

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the council shall be appointed to serve a 2-year term and may

 2  be reappointed to the council.

 3         (8)  In carrying out the provisions of this section,

 4  the not-for-profit corporation and its subsidiaries are not

 5  agencies within the meaning of s. 20.03(11).

 6         Section 192.  Section 1004.45, Florida Statutes, is

 7  created to read:

 8         1004.45  Ringling Center for Cultural Arts.--

 9         (1)  The Florida State University Ringling Center for

10  Cultural Arts is created. The center consists of the following

11  properties located in Sarasota County:

12         (a)  The John and Mable Ringling Museum of Art composed

13  of:

14         1.  The art museum.

15         2.  The Ca' d'Zan (the Ringling residence).

16         3.  The Ringling Museum of the Circus.

17         (b)  The Florida State University Center for the Fine

18  and Performing Arts, including the Asolo Theater and the

19  Florida State University Center for the Performing Arts, both

20  of which shall provide for academic programs in theatre,

21  dance, art, art history, and museum management.

22  

23  The center shall be operated by the Florida State University,

24  which shall be charged with encouraging participation by K-12

25  schools and by other postsecondary educational institutions,

26  public and private, in the educational and cultural enrichment

27  programs of the center.

28         (2)(a)  The John and Mable Ringling Museum of Art is

29  designated as the official Art Museum of the State of Florida.

30  The purpose and function of the museum is to maintain and

31  preserve all objects of art and artifacts donated to the state


                                 512

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  through the will of John Ringling; to acquire and preserve

 2  objects of art or artifacts of historical or cultural

 3  significance; to exhibit such objects to the public; to

 4  undertake scholarly research and publication, including that

 5  relating to the collection; to provide educational programs

 6  for students at K-12 schools and those in college and graduate

 7  school and enrichment programs for children and adults; to

 8  assist other museums in the state and nation through education

 9  programs and through loaning objects from the collection when

10  such loans do not threaten the safety and security of the

11  objects; to enhance knowledge and appreciation of the

12  collection; and to engage in other activities related to

13  visual arts which benefit the public. The museum shall also

14  engage in programs on the national and international level to

15  enhance further the cultural resources of the state.

16         (b)  The Florida State University shall approve a John

17  and Mable Ringling Museum of Art direct-support organization.

18  Such direct-support organization shall consist of no more than

19  31 members appointed by the president of the university from a

20  list of nominees provided by the Ringling direct-support

21  organization. No fewer than one-third of the members must be

22  residents of Sarasota and Manatee Counties, and the remaining

23  members may reside elsewhere. The current members of the Board

24  of Trustees of the John and Mable Ringling Museum of Art may

25  be members of the direct-support organization. They shall

26  develop a charter and bylaws to govern their operation, and

27  these shall be subject to approval by the Florida State

28  University.

29         (c)  The John and Mable Ringling Museum of Art

30  direct-support organization, operating under the charter and

31  bylaws and such contracts as are approved by the university,


                                 513

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  shall set policies to maintain and preserve the collections of

 2  the Art Museum; the Circus Museum; the furnishings and objects

 3  in the Ringling home, referred to as the Ca' d'Zan; and other

 4  objects of art and artifacts in the custody of the museum.

 5  Title to all such collections, art objects, and artifacts of

 6  the museums and its facilities shall remain with the Florida

 7  State University, which shall assign state registration

 8  numbers to, and conduct annual inventories of, all such

 9  properties. The direct-support organization shall develop

10  policy for the museum, subject to the provisions of the John

11  Ringling will and the overall direction of the president of

12  the university; and it is invested with power and authority to

13  nominate a museum director who is appointed by and serves at

14  the pleasure of the president of the university and shall

15  report to the provost of the university or his or her

16  designee. The museum director, with the approval of the

17  provost or his or her designee, shall appoint other employees

18  in accordance with Florida Statutes and rules; remove the same

19  in accordance with Florida Statutes and rules; provide for the

20  proper keeping of accounts and records and budgeting of funds;

21  enter into contracts for professional programs of the museum

22  and for the support and maintenance of the museum; secure

23  public liability insurance; and do and perform every other

24  matter or thing requisite to the proper management,

25  maintenance, support, and control of the museum at the highest

26  efficiency economically possible, while taking into

27  consideration the purposes of the museum.

28         (d)  Notwithstanding the provision of s. 287.057, the

29  John and Mable Ringling Museum of Art direct-support

30  organization may enter into contracts or agreements with or

31  without competitive bidding, in its discretion, for the


                                 514

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  restoration of objects of art in the museum collection or for

 2  the purchase of objects of art that are to be added to the

 3  collection.

 4         (e)  Notwithstanding s. 273.055, the university may

 5  sell any art object in the museum collection, which object has

 6  been acquired after 1936, if the director and the

 7  direct-support organization recommend such sale to the

 8  president of the university and if they first determine that

 9  the object is no longer appropriate for the collection. The

10  proceeds of the sale shall be deposited in the Ringling Museum

11  Art Acquisition, Restoration, and Conservation Trust Fund. The

12  university also may exchange any art object in the collection,

13  which object has been acquired after 1936, for an art object

14  or objects that the director and the museum direct-support

15  organization recommend to the university after judging these

16  to be of equivalent or greater value to the museum.

17         (f)  An employee or member of the museum direct-support

18  organization may not receive a commission, fee, or financial

19  benefit in connection with the sale or exchange of a work of

20  art and may not be a business associate of any individual,

21  firm, or organization involved in the sale or exchange.

22         (g)  The university, in consultation with the

23  direct-support organization, shall establish policies and may

24  adopt rules for the sale or exchange of works of art.

25         (h)  The John and Mable Ringling Museum of Art

26  direct-support organization shall provide for an annual

27  financial audit in accordance with s. 1004.28(5). Florida

28  State University is authorized to require and receive from the

29  direct-support organization, or from its independent auditor,

30  any detail or supplemental data relative to the operation of

31  such organization. Information that, if released, would


                                 515

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  identify donors who desire to remain anonymous, is

 2  confidential and exempt from the provisions of s. 119.07(1).

 3  Information that, if released, would identify prospective

 4  donors is confidential and exempt from the provisions of s.

 5  119.07(1) when the direct-support organization has identified

 6  the prospective donor itself and has not obtained the name of

 7  the prospective donor by copying, purchasing, or borrowing

 8  names from another organization or source. Identities of such

 9  donors and prospective donors shall not be revealed in the

10  auditor's report.

11         (i)  The direct-support organization is given authority

12  to make temporary loans of paintings and other objects of art

13  or artifacts belonging to the John and Mable Ringling Museum

14  of Art for the purpose of public exhibition in art museums,

15  other museums, or institutions of higher learning wherever

16  located, including such museums or institutions in other

17  states or countries. Temporary loans may also be made to the

18  executive mansion in Tallahassee, chapters and affiliates of

19  the John and Mable Ringling Museum of Art, and, for education

20  purposes, to schools, public libraries, or other institutions

21  in the state, if such exhibition will benefit the general

22  public as the university deems wise and for the best interest

23  of the John and Mable Ringling Museum of Art and under

24  policies established by Florida State University for the

25  protection of the paintings and other objects of art and

26  artifacts. In making temporary loans, the direct-support

27  organization shall give first preference to art museums, other

28  museums, and institutions of higher learning.

29         (j)  Notwithstanding any other provision of law, the

30  John and Mable Ringling Museum of Art direct-support

31  organization is eligible to match state funds in the Major


                                 516

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Gifts Trust Fund established pursuant to s. 1011.94 as

 2  follows:

 3         1.  For the first $1,353,750, matching shall be on the

 4  basis of 75 cents in state matching for each dollar of private

 5  funds.

 6         2.  For additional funds, matching shall be provided on

 7  the same basis as is authorized in s. 1011.94.

 8         Section 193.  Section 1004.46, Florida Statutes, is

 9  created to read:

10         1004.46  Multidisciplinary Center for Affordable

11  Housing.--

12         (1)  The Multidisciplinary Center for Affordable

13  Housing is established within the School of Building

14  Construction of the College of Architecture of the University

15  of Florida with the collaboration of other related disciplines

16  such as agriculture, business administration, engineering,

17  law, and medicine.  The center shall work in conjunction with

18  other state universities. The Multidisciplinary Center for

19  Affordable Housing shall:

20         (a)  Conduct research relating to the problems and

21  solutions associated with the availability of affordable

22  housing in the state for families who are below the median

23  income level and widely disseminate the results of such

24  research to appropriate public and private audiences in the

25  state.  Such research shall emphasize methods to improve the

26  planning, design, and production of affordable housing,

27  including, but not limited to, the financial, maintenance,

28  management, and regulatory aspects of residential development.

29         (b)  Provide public services to local, regional, and

30  state agencies, units of government, and authorities by

31  helping them create regulatory climates that are amenable to


                                 517

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the introduction of affordable housing within their

 2  jurisdictions.

 3         (c)  Conduct special research relating to firesafety.

 4         (d)  Provide a focus for the teaching of new technology

 5  and skills relating to affordable housing in the state.

 6         (e)  Develop a base of informational and financial

 7  support from the private sector for the activities of the

 8  center.

 9         (f)  Develop prototypes for both multifamily and

10  single-family units.

11         (g)  Establish a research agenda and general work plan

12  in cooperation with the Department of Community Affairs which

13  is the state agency responsible for research and planning for

14  affordable housing and for training and technical assistance

15  for providers of affordable housing.

16         (h)  Submit a report to the Governor, the President of

17  the Senate, and the Speaker of the House of Representatives by

18  January 1 of each year.  The annual report shall include

19  information relating to the activities of the center,

20  including collaborative efforts with public and private

21  entities, affordable housing models, and any other findings

22  and recommendations related to the production of safe, decent,

23  and affordable housing.

24         (2)  The Director of the Multidisciplinary Center for

25  Affordable Housing shall be appointed by the Dean of the

26  College of Architecture of the University of Florida.

27         Section 194.  Section 1004.47, Florida Statutes, is

28  created to read:

29         1004.47  Research activities relating to solid and

30  hazardous waste management.--Research, training, and service

31  activities related to solid and hazardous waste management


                                 518

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  conducted by state universities shall be coordinated by the

 2  State Board of Education. Proposals for research contracts and

 3  grants; public service assignments; and responses to requests

 4  for information and technical assistance by state and local

 5  government, business, and industry shall be addressed by a

 6  formal Type I Center process involving an advisory board of

 7  university personnel appointed by the Commissioner of

 8  Education and chaired and directed by an individual appointed

 9  by the Commissioner of Education. The State Board of Education

10  shall consult with the Department of Environmental Protection

11  in developing the research programs and provide the department

12  with a copy of the proposed research program for review and

13  comment before the research is undertaken. Research contracts

14  shall be awarded to independent nonprofit colleges and

15  universities within the state which are accredited by the

16  Southern Association of Colleges and Schools on the same basis

17  as those research contracts awarded to the state universities.

18  Research activities shall include, but are not limited to, the

19  following areas:

20         (1)  Methods and processes for recycling solid and

21  hazardous waste.

22         (2)  Methods of treatment for detoxifying hazardous

23  waste.

24         (3)  Technologies for disposing of solid and hazardous

25  waste.

26         Section 195.  Section 1004.48, Florida Statutes, is

27  created to read:

28         1004.48  Research protocols to determine most

29  appropriate pollutant dispersal agents.--The Center for Solid

30  and Hazardous Waste Management shall coordinate the research

31  protocols for projects to determine the most appropriate


                                 519

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  dispersal agents that can be used in an environmentally safe

 2  manner in Florida waters as part of a pollutant cleanup

 3  activity. Such research shall be used by the Department of

 4  Environmental Protection in approving the use of such agents

 5  by pollutant spill cleanup contractors and others who may be

 6  required to use such agents in containing and cleaning up

 7  pollutant spills in the waters of the state.

 8         Section 196.  Section 1004.49, Florida Statutes, is

 9  created to read:

10         1004.49  Florida LAKEWATCH Program.--The Florida

11  LAKEWATCH Program is hereby created within the Department of

12  Fisheries and Aquaculture of the Institute of Food and

13  Agricultural Sciences at the University of Florida.  The

14  purpose of the program is to provide public education and

15  training with respect to the water quality of Florida's lakes.

16  The Department of Fisheries and Aquaculture may, in

17  implementing the LAKEWATCH program:

18         (1)  Train, supervise, and coordinate volunteers to

19  collect water quality data from Florida's lakes.

20         (2)  Compile the data collected by volunteers.

21         (3)  Disseminate information to the public about the

22  LAKEWATCH program.

23         (4)  Provide or loan equipment to volunteers in the

24  program.

25         (5)  Perform other functions as may be necessary or

26  beneficial in coordinating the LAKEWATCH program.

27  

28  Data collected and compiled shall be used to establish trends

29  and provide general background information and shall in no

30  instance be used in a regulatory proceeding.

31  


                                 520

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 197.  Section 1004.50, Florida Statutes, is

 2  created to read:

 3         1004.50  Institute on Urban Policy and Commerce.--

 4         (1)  There is created the Institute on Urban Policy and

 5  Commerce as a Type I Institute at Florida Agricultural and

 6  Mechanical University to improve the quality of life in urban

 7  communities through research, teaching, and outreach

 8  activities.

 9         (2)  The major purposes of the institute are to pursue

10  basic and applied research on urban policy issues confronting

11  the inner-city areas and neighborhoods in the state; to

12  influence the equitable allocation and stewardship of federal,

13  state, and local financial resources; to train a new

14  generation of civic leaders and university students interested

15  in approaches to community planning and design; to assist with

16  the planning, development, and capacity building of urban area

17  nonprofit organizations and government agencies; to develop

18  and maintain a database relating to inner-city areas; and to

19  support the community development efforts of inner-city areas,

20  neighborhood-based organizations, and municipal agencies.

21         (3)  The institute shall research and recommend

22  strategies concerning critical issues facing the underserved

23  population in urban communities, including, but not limited

24  to, transportation and physical infrastructure; affordable

25  housing; tourism and commerce; environmental restoration; job

26  development and retention; child care; public health; lifelong

27  learning; family intervention; public safety; and community

28  relations.

29         (4)  The institute may establish regional urban centers

30  to be located in the inner cities of St. Petersburg, Tampa,

31  Jacksonville, Orlando, West Palm Beach, Fort Lauderdale,


                                 521

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Miami, Daytona Beach, and Pensacola to assist urban

 2  communities on critical economic, social, and educational

 3  problems affecting the underserved population.

 4         (5)  Before January 1 of each year, the institute shall

 5  submit a report of its critical findings and recommendations

 6  for the prior year to the President of the Senate, the Speaker

 7  of the House of Representatives, and the appropriate

 8  committees of the Legislature. The report shall be titled "The

 9  State of Unmet Needs in Florida's Urban Communities" and shall

10  include, but is not limited to, a recommended list of

11  resources that could be made available for revitalizing urban

12  communities; significant accomplishments and activities of the

13  institute; and recommendations concerning the expansion,

14  improvement, or termination of the institute.

15         (6)  The Governor shall submit an annual report to the

16  Legislature on the unmet needs in the state's urban

17  communities.

18         Section 198.  Section 1004.51, Florida Statutes, is

19  created to read:

20         1004.51  Community and Faith-based Organizations

21  Initiative; Community and Library Technology Access

22  Partnership.--

23         (1)  CREATION.--There is created the Community and

24  Faith-based Organizations Initiative which shall be

25  administered by the Institute on Urban Policy and Commerce at

26  Florida Agricultural and Mechanical University and the

27  Community and Library Technology Access Partnership which

28  shall be administered by the Division of Library and

29  Information Services of the Department of State.

30         (2)  INTENT.--The purpose of the initiative is to

31  promote community development in low-income communities


                                 522

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  through partnerships with not-for-profit community and

 2  faith-based organizations. The purpose of the partnership is

 3  to encourage public libraries eligible for e-rate discounted

 4  telecommunications services to partner with community and

 5  faith-based organizations to provide technology access and

 6  training to assist other state efforts to close the digital

 7  divide.

 8         (3)  AUTHORIZED ACTIVITIES.--

 9         (a)  Authorized activities of the initiative.--The

10  Institute on Urban Policy and Commerce at Florida Agricultural

11  and Mechanical University may conduct the following activities

12  as part of the Community and Faith-based Organizations

13  Initiative:

14         1.  Create and operate training programs to enhance the

15  professional skills of individuals in community and

16  faith-based organizations.

17         2.  Create and operate a program to select and place

18  students and recent graduates from business and related

19  professional schools as interns with community and faith-based

20  organizations for a period not to exceed 1 year, and provide

21  stipends for such interns.

22         3.  Organize an annual conference for community and

23  faith-based organizations to discuss and share information on

24  best practices regarding issues relevant to the creation,

25  operation, and sustainability of these organizations.

26         4.  Provide funding for the development of materials

27  for courses on topics in the area of community development,

28  and for research on economic, operational, and policy issues

29  relating to community development.

30         5.  Provide financial assistance to community and

31  faith-based organizations through small grants for


                                 523

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  partnerships with universities and the operation of programs

 2  to build strong communities and future community development

 3  leaders. The Institute on Urban Policy and Commerce at Florida

 4  Agricultural and Mechanical University shall develop selection

 5  criteria for awarding such grants which are based on the goals

 6  of the initiative.

 7  

 8  The institute, to the maximum extent possible, shall leverage

 9  state funding for the initiative with any federal funding that

10  the institute may receive to support similar community-based

11  activities.

12         (b)  Authorized activities of the partnership.--The

13  Division of Library and Information Services of the Department

14  of State may conduct the following activities as part of the

15  Community and Library Technology Access Partnership:

16         1.  Provide funding for e-rate eligible public

17  libraries to provide technology access and training to

18  community and faith-based organizations. Funding provided

19  under this subparagraph must be for eligible public libraries

20  in distressed communities in the state. The division shall

21  consult with the Institute on Urban Policy and Commerce to

22  identify such communities and to develop criteria to be used

23  in evaluating funding proposals. The division shall coordinate

24  with the institute to ensure that, to the maximum extent

25  possible, the division and the institute leverage their

26  resources under the programs authorized by this section in

27  order to focus efforts on addressing the most distressed

28  communities in the state. The division shall include a

29  representative of the institute on a review team to evaluate

30  funding proposals under this subparagraph.

31  


                                 524

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         2.  Provide a method of assessment and outcome

 2  measurement for e-rate eligible public libraries to assess

 3  progress in closing the digital divide and in training for

 4  individuals to succeed in the emerging information economy.

 5         (4)  ELIGIBILITY.--A community or faith-based

 6  organization receiving funding or other assistance under the

 7  Community and Faith-based Organizations Initiative or the

 8  Community Library Technology Access Partnership must be a

 9  nonprofit organization holding a current exemption from

10  federal taxation under s. 501(c)(3) or (4) of the Internal

11  Revenue Code. Funding under this section shall not be used for

12  religious or sectarian purposes.

13         Section 199.  Section 1004.52, Florida Statutes, is

14  created to read:

15         1004.52  Community computer access grant program.--

16         (1)  The Legislature finds that there is a growing

17  digital divide in the state, manifested in the fact that many

18  youths from distressed urban communities do not possess the

19  degree and ease of access to computers and information

20  technologies which youths in other communities in the state

21  possess. This disparity in access to rapidly changing and

22  commercially significant technologies has a negative impact on

23  the educational, workforce development, and employment

24  competitiveness of these needy youths, and thereby impedes the

25  economic development of the distressed urban communities in

26  which these youths reside. Although many public libraries

27  offer users access to computers and are increasingly making

28  library materials available to the public through electronic

29  means, many youths from distressed urban communities do not

30  live near a library that has such technology and do not have

31  computers to access Internet-based virtual libraries.


                                 525

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Neighborhood organizations, such as churches, are more likely,

 2  however, to be located in closer proximity to the homes of

 3  these youths than are educational institutions or libraries,

 4  and these youths are more likely to gain the desirable

 5  computer access at church-related or other neighborhood

 6  facilities than at other institutions. The Legislature

 7  therefore finds that a public purpose is served in enhancing

 8  the ability of youths from these communities to have access to

 9  computers and the Internet within the neighborhoods in which

10  they reside.

11         (2)  Subject to legislative appropriation, there is

12  created the Community High-Technology Investment Partnership

13  (CHIP) program to assist distressed urban communities in

14  securing computers for access by youths between the ages of 5

15  years and 18 years who reside in these communities. The

16  program shall be administered by the Institute on Urban Policy

17  and Commerce at Florida Agricultural and Mechanical University

18  pursuant to a performance-based contract with the Division of

19  Library and Information Services of the Department of State.

20  The division shall develop performance measures, standards,

21  and sanctions for the program. Performance measures must

22  include, but are not limited to: the number of youths

23  obtaining access to computers purchased under this program;

24  the number of hours computers are made available to youths;

25  and the number of hours spent by youths on computers purchased

26  under this program for educational purposes. The

27  administrative costs for administration of this program cannot

28  exceed 10 percent of the amount appropriated to the division

29  for the program.

30         (3)(a)  Under this program, neighborhood facilities,

31  through their governing bodies, may apply to the institute for


                                 526

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  grants to purchase computers that will be available for use by

 2  eligible youths who reside in the immediate vicinity of the

 3  neighborhood facility. For purposes of this program, eligible

 4  neighborhood facilities include, but are not limited to,

 5  facilities operated by:

 6         1.  Units of local government, including school

 7  districts.

 8         2.  Nonprofit, faith-based organizations, including

 9  neighborhood churches.

10         3.  Nonprofit civic associations or homeowners'

11  associations.

12         4.  Nonprofit organizations, the missions of which

13  include improving conditions for residents of distressed urban

14  communities.

15  

16  To be eligible for funding under this program, a nonprofit

17  organization or association must hold a current exemption from

18  federal taxation under s. 501(c)(3) or (4) of the Internal

19  Revenue Code.

20         (b)  Notwithstanding the eligibility of the

21  organizations identified in paragraph (a), the institute shall

22  give priority consideration for funding under this program to

23  applications submitted by neighborhood churches or by

24  neighborhood-based, nonprofit organizations that have as a

25  principal part of their missions the improvement of conditions

26  for residents of the same neighborhoods in which the

27  organizations are located. The institute also shall give

28  priority consideration to organizations that demonstrate that

29  they have not been awarded community enhancement or similar

30  community support grants from state or local government on a

31  regular basis in the past. The institute shall develop


                                 527

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  weighted criteria to be used in evaluating applications from

 2  such churches or organizations. Funding under this section

 3  shall not be used for religious or sectarian purposes.

 4         (4)  The institute shall develop guidelines governing

 5  the administration of this program and shall establish

 6  criteria to be used in evaluating an application for funding.

 7  At a minimum, the institute must find that:

 8         (a)  The neighborhood that is to be served by the grant

 9  suffers from general economic distress.

10         (b)  Eligible youths who reside in the vicinity of the

11  neighborhood facility have difficulty obtaining access to a

12  library or schools that have sufficient computers.

13         (c)  The neighborhood facility has developed a detailed

14  plan, as required under subsection (5), for:

15         1.  Providing youths who reside in the vicinity of the

16  facility with access to any computer purchased with grant

17  funds, including evening and weekend access when libraries and

18  schools are closed.

19         2.  Promoting the maximum participation of neighborhood

20  youths in use of any computers purchased with grant funds.

21         (5)  As part of an application for funding, the

22  neighborhood facility must submit a plan that demonstrates:

23         (a)  The manner in which eligible youths who reside in

24  the immediate vicinity of the facility will be provided with

25  access to any computer purchased with grant funds, including

26  access during hours when libraries and schools are closed.

27         (b)  The existence of safeguards to ensure that any

28  computer purchased with grant funds is reserved for the

29  educational use of eligible youths who reside in the immediate

30  vicinity of the facility and is not used to support the

31  


                                 528

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  business operations of the neighborhood facility or its

 2  governing body.

 3         (c)  The existence, in the neighborhood facility, of

 4  telecommunications infrastructure necessary to guarantee

 5  access to the Internet through any computer purchased with

 6  grant funds.

 7         (6)  To the maximum extent possible, funding shall be

 8  awarded under this program in a manner designed to ensure the

 9  participation of distressed urban communities from regions

10  throughout the state.

11         (7)  The maximum amount of a grant which may be awarded

12  to any single neighborhood facility under this program is

13  $25,000.

14         (8)  Before the institute may allocate funds for a

15  grant under this program, the institute and the eligible

16  neighborhood facility must execute a grant agreement that

17  governs the terms and conditions of the grant.

18         (9)  The institute, based upon guidance from the State

19  Technology Office and the state's Chief Information Officer,

20  shall establish minimum requirements governing the

21  specifications and capabilities of any computers purchased

22  with funds awarded under this grant program.

23         Section 200.  Section 1004.53, Florida Statutes, is

24  created to read:

25         1004.53  Interdisciplinary Center for Brownfield

26  Rehabilitation Assistance.--The Center for Brownfield

27  Rehabilitation Assistance in the Environmental Sciences and

28  Policy Program is established in the College of Arts and

29  Sciences at the University of South Florida with the

30  collaboration of other related disciplines such as business

31  administration, environmental science, and medicine. The


                                 529

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  center shall work in conjunction with other state

 2  universities. The Center for Brownfield Rehabilitation

 3  Assistance shall:

 4         (1)  Conduct research relating to problems and

 5  solutions associated with rehabilitation and restoration of

 6  brownfield areas as defined in s. 376.79. The research must

 7  include identifying innovative solutions to removing

 8  contamination from brownfield sites to reduce the threats to

 9  drinking water supplies and other potential public health

10  threats from contaminated sites.

11         (2)  Provide public service to local, regional, and

12  state agencies, units of government, and authorities by

13  helping them to create workable mechanisms, partnerships with

14  public and private sectors, and other techniques for

15  rehabilitating brownfield areas.

16         (3)  Conduct special research relating to risk-based

17  corrective actions for rehabilitation of brownfield areas.

18         (4)  Develop a base of informational and financial

19  support from the private sector for the activities of the

20  center.

21         Section 201.  Section 1004.54, Florida Statutes, is

22  created to read:

23         1004.54  Learning Development and Evaluation Center.--

24         (1)  For the purpose of providing academic support for

25  learning disabled students, the verbal communications

26  laboratory at Florida Agricultural and Mechanical University

27  is established as the Learning Development and Evaluation

28  Center.  The university shall provide housing, equipment, and

29  utilities for the center.

30         (2)  The primary objective of the center shall be to

31  provide learning disabled students with accessibility to


                                 530

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  learning by providing a program for building student

 2  self-acceptance, self-esteem, and faculty acceptance.  The

 3  program shall also provide for diagnosing and clarifying the

 4  nature of the disability and for identifying strategies that

 5  can be used to enhance learning.  Services shall include:

 6         (a)  Problem identification.

 7         (b)  Diagnostic evaluation, including neurological,

 8  psychological, speech, and hearing diagnoses.

 9         (c)  Training, including tutoring and study.

10         (d)  Academic, psychological, social, and career

11  counseling.

12         (e)  Followup.

13         (f)  Maintenance of academic course requirements with

14  provision for support services to identified students.

15         (g)  Modifications of methods of reaching course

16  requirements which do not detract from the course purpose.

17         (3)  Participants in the program shall be students with

18  specific learning disabilities who meet eligibility criteria

19  as defined by Rule 6A-6.03018.

20         (4)  An outreach component shall be established which

21  shall include:

22         (a)  Notifying secondary schools, community colleges,

23  career education centers, and community agencies of the

24  program.

25         (b)  Working with community colleges, technical

26  centers, and community agencies to identify students who may

27  benefit from the program.

28         (c)  Providing secondary schools, community colleges,

29  technical centers, and community agencies with a description

30  of methods used by the program for identification of students

31  who have learning disabilities.


                                 531

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (d)  Providing secondary schools, community colleges,

 2  technical centers, and community agencies with a description

 3  of program services and the support services available.

 4         (e)  Providing on-campus and off-campus activities for

 5  students, administrators, faculty, and staff to enhance

 6  learning of the disabled secondary students.

 7         (f)  Providing training for school district personnel

 8  to enable them to develop a better understanding of the needs

 9  of learning disabled students.

10         (g)  Designing, developing, and implementing, in

11  cooperation with Florida Agricultural and Mechanical

12  University, public school districts, community colleges, and

13  technical centers within the Department of Education, model

14  programs for the learning disabled student.

15         (h)  Providing assistance to community colleges and

16  state universities in designing, developing, and evaluating

17  model programs for learning disabled students.

18         (i)  Establishing a procedure for the annual review and

19  update of model programs developed for the learning disabled.

20         (j)  Providing precollegiate residential experiences.

21         (5)  On or before November 1, the president of the

22  university shall submit to the State Board of Education and

23  the Legislature a report on program effectiveness, which

24  report shall include:

25         (a)  The number of students participating in the

26  program.

27         (b)  An ongoing analysis of overall student performance

28  as a result of participation in the program.

29         (c)  A description of the methods used in identifying

30  students with learning disabilities.

31  


                                 532

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (d)  A description of methods and materials prescribed

 2  to meet the specific learning needs of each participant.

 3         (e)  The number and types of disabilities of students

 4  in the program.

 5         (f)  How the program accomplished its objectives.

 6         (g)  Procedures used to counsel and advise students

 7  that would build self-acceptance and enhance learning.

 8         (h)  Procedures for promoting faculty acceptance of the

 9  program and its participants.

10         (i)  A detailed description of each program objective

11  and the results.

12         (j)  Projections of future participation by learning

13  disabled students based on enrollment, queries, and program

14  results.

15         (k)  The number of postsecondary and secondary students

16  participating in the program and the type of service provided.

17         (6)  Funding of this program shall be provided for in

18  the General Appropriations Act.

19         Section 202.  Section 1004.55, Florida Statutes, is

20  created to read:

21         1004.55  Regional autism centers.--

22         (1)  Six regional autism centers are established to

23  provide nonresidential resource and training services for

24  persons of all ages and of all levels of intellectual

25  functioning who have autism, as defined in s. 393.063; who

26  have a pervasive developmental disorder that is not otherwise

27  specified; who have an autistic-like disability; who have a

28  dual sensory impairment; or who have a sensory impairment with

29  other handicapping conditions. Each center shall be

30  operationally and fiscally independent and shall provide

31  services within its geographical region of the state. Each


                                 533

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  center shall coordinate services within and between state and

 2  local agencies and school districts but may not duplicate

 3  services provided by those agencies or school districts.  The

 4  respective locations and service areas of the centers are:

 5         (a)  The Department of Communication Disorders at

 6  Florida State University, which serves Bay, Calhoun, Escambia,

 7  Franklin, Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon,

 8  Liberty, Madison, Okaloosa, Santa Rosa, Taylor, Wakulla,

 9  Walton, and Washington Counties.

10         (b)  The College of Medicine at the University of

11  Florida, which serves Alachua, Bradford, Citrus, Columbia,

12  Dixie, Gilchrist, Hamilton, Hernando, Lafayette, Levy, Marion,

13  Putnam, Suwannee, and Union Counties.

14         (c)  The University of Florida Health Science Center at

15  Jacksonville, which serves Baker, Clay, Duval, Flagler,

16  Nassau, and St. Johns Counties.

17         (d)  The Louis de la Parte Florida Mental Health

18  Institute at the University of South Florida, which serves

19  Charlotte, Collier, DeSoto, Glades, Hardee, Hendry, Highlands,

20  Hillsborough, Indian River, Lee, Manatee, Martin, Okeechobee,

21  Pasco, Pinellas, Polk, St. Lucie, and Sarasota Counties.

22         (e)  The Mailman Center for Child Development at the

23  University of Miami, which serves Broward, Dade, Monroe, and

24  Palm Beach Counties.

25         (f)  The College of Health and Public Affairs at the

26  University of Central Florida, which serves Brevard, Lake,

27  Orange, Osceola, Seminole, Sumter, and Volusia Counties.

28         (2)  There is established for each center a

29  constituency board, which shall work collaboratively with the

30  center.  Each board shall consist of no fewer than six

31  members, each of whom is either an individual who has a


                                 534

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  disability that is described in subsection (1) or is a member

 2  of a family that includes a person who has such a disability,

 3  who are selected by each university president from a list that

 4  has been developed by the Autism Society of Florida and other

 5  relevant constituency groups that represent persons who have

 6  sensory impairments as described in subsection (1).  As

 7  representatives of the center's constituencies, these boards

 8  shall meet quarterly with the staff of each of the centers to

 9  provide advice on policies, priorities, and activities.  Each

10  board shall submit to the university president and to the

11  Department of Education an annual report that evaluates the

12  activities and accomplishments of its center during the year.

13         (3)  To promote statewide planning and coordination, a

14  conference must be held annually for staff from each of the

15  five centers and representatives from each center's

16  constituency board. The purpose of the conference is to

17  facilitate coordination, networking, cross-training, and

18  feedback among the staffs and constituency boards of the

19  centers.

20         (4)  Each center shall provide:

21         (a)  A staff that has expertise in autism and

22  autistic-like behaviors and in sensory impairments.

23         (b)  Individual and direct family assistance in the

24  home, community, and school.  A center's assistance should not

25  supplant other responsibilities of state and local agencies,

26  and each school district is responsible for providing an

27  appropriate education program for clients of a center who are

28  school age.

29         (c)  Technical assistance and consultation services,

30  including specific intervention and assistance for a client of

31  


                                 535

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the center, the client's family, and the school district, and

 2  any other services that are appropriate.

 3         (d)  Professional training programs that include

 4  developing, providing, and evaluating preservice and inservice

 5  training in state-of-the-art practices for personnel who work

 6  with the populations served by the centers and their families.

 7         (e)  Public education programs to increase awareness of

 8  the public about autism, autistic-related disabilities of

 9  communication and behavior, dual sensory impairments, and

10  sensory impairments with other handicapping conditions.

11         (5)  The State Board of Education, in cooperation with

12  the regional autism centers, shall adopt the necessary rules

13  to carry out the purposes of this section.

14         Section 203.  Section 1004.56, Florida Statutes, is

15  created to read:

16         1004.56  Florida Museum of Natural History;

17  functions.--

18         (1)  The functions of the Florida Museum of Natural

19  History, located at the University of Florida, are to make

20  scientific investigations toward the sustained development of

21  natural resources and a greater appreciation of human cultural

22  heritage, including, but not limited to, biological surveys,

23  ecological studies, environmental impact assessments, in-depth

24  archaeological research, and ethnological analyses, and to

25  collect and maintain a depository of biological,

26  archaeological, and ethnographic specimens and materials in

27  sufficient numbers and quantities to provide within the state

28  and region a base for research on the variety, evolution, and

29  conservation of wild species; the composition, distribution,

30  importance, and functioning of natural ecosystems; and the

31  distribution of prehistoric and historic archaeological sites


                                 536

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  and an understanding of the aboriginal and early European

 2  cultures that occupied them.  State institutions, departments,

 3  and agencies may deposit type collections from archaeological

 4  sites in the museum, and it shall be the duty of each state

 5  institution, department, and agency to cooperate by depositing

 6  in the museum voucher and type biological specimens collected

 7  as part of the normal research and monitoring duties of its

 8  staff and to transfer to the museum those biological specimens

 9  and collections in its possession but not actively being

10  curated or used in the research or teaching of that

11  institution, department, or agency.  The Florida Museum of

12  Natural History is empowered to accept, preserve, maintain, or

13  dispose of these specimens and materials in a manner which

14  makes each collection and its accompanying data available for

15  research and use by the staff of the museum and by cooperating

16  institutions, departments, agencies, and qualified independent

17  researchers.  The biological, archaeological, and ethnographic

18  collections shall belong to the state with the title vested in

19  the Florida Museum of Natural History, except as provided in

20  s. 267.12(3).  In collecting or otherwise acquiring these

21  collections, the museum shall comply with pertinent state

22  wildlife, archaeological, and agricultural laws and rules.

23  However, all collecting, quarantine, and accreditation permits

24  issued by other institutions, departments, and agencies shall

25  be granted routinely for said museum research study or

26  collecting effort on state lands or within state jurisdiction

27  which does not pose a significant threat to the survival of

28  endangered wild species, habitats, or ecosystems.  In

29  addition, the museum shall develop exhibitions and conduct

30  programs which illustrate, interpret, and explain the natural

31  history of the state and region and shall maintain a library


                                 537

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  of publications pertaining to the work as herein provided.

 2  The exhibitions, collections, and library of the museum shall

 3  be open, free to the public, under suitable rules to be

 4  promulgated by the director of the museum and approved by the

 5  University of Florida.

 6         (2)  Any gifts, transfers, bequests, or other

 7  conveyances made to the Florida State Museum are deemed to

 8  have been made to the Florida Museum of Natural History.

 9         Section 204.  Section 1004.57, Florida Statutes, is

10  created to read:

11         1004.57  Vertebrate paleontological sites and remains;

12  legislative intent and state policy.--

13         (1)  It is the declared intention of the Legislature

14  that vertebrate paleontological sites be protected and

15  preserved and that, pursuant thereto, vertebrate

16  paleontological field investigation activities, including, but

17  not limited to, collection, excavation, salvage, restoration,

18  and cataloging of fossils, be discouraged except when such

19  activities are carried on in accordance with both the

20  provisions and the spirit of this act. However, it is not the

21  intention of the Legislature that the provisions of this act

22  impede mining or quarrying for rock, gravel, fill, phosphate,

23  and other minerals, or the construction of canals or similar

24  excavations, when such activities are permitted by law.

25  Rather, it is the intent of the Legislature that mine and

26  heavy equipment operators be encouraged to cooperate with the

27  state in preserving its vertebrate paleontological heritage

28  and vertebrate fossils by notifying the Florida Museum of

29  Natural History whenever vertebrate fossils are discovered

30  during mining or digging operations and by allowing such

31  fossils to be properly salvaged and that persons having


                                 538

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  knowledge of vertebrate paleontological sites be encouraged to

 2  communicate such information to the museum.

 3         (2)  It is hereby declared to be the public policy of

 4  this state to protect and preserve vertebrate paleontological

 5  sites containing vertebrate fossils, including bones, teeth,

 6  natural casts, molds, impressions, and other remains of

 7  prehistoric fauna, and to provide for the collection,

 8  acquisition, and study of the vertebrate fossils of the state

 9  which offer documentation of the diversity of life on this

10  planet.

11         (3)  It is further declared to be the public policy of

12  the state that all vertebrate fossils found on state-owned

13  lands, including submerged lands and uplands, belong to the

14  state with title to the fossils vested in the Florida Museum

15  of Natural History for the purpose of administration of this

16  section and ss. 1004.575-1004.577.

17         Section 205.  Section 1004.575, Florida Statutes, is

18  created to read:

19         1004.575  Program of vertebrate paleontology within

20  Florida Museum of Natural History.--There is established

21  within the Florida Museum of Natural History a program of

22  vertebrate paleontology, which program has the following

23  responsibilities:

24         (1)  Encouraging the study of the vertebrate fossils

25  and vertebrate paleontological heritage of the state and

26  providing exhibits and other educational materials on the

27  vertebrate fauna to the universities and schools of the state.

28         (2)  Developing a statewide plan, to be submitted to

29  the director of the Florida Museum of Natural History, for

30  preserving the vertebrate paleontological resources of the

31  state in a manner which is consistent with the state policies


                                 539

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  in s. 1004.57 and which will not unduly hamper development in

 2  this state, including mining and excavating operations.

 3         (3)  Locating, surveying, acquiring, collecting,

 4  salvaging, conserving, and restoring vertebrate fossils;

 5  conducting research on the history and systematics of the

 6  fossil fauna of the state; and maintaining the official state

 7  depository of vertebrate fossils.

 8         (4)  Locating, surveying, acquiring, excavating, and

 9  operating vertebrate paleontological sites and properties

10  containing vertebrate fossils, which sites and properties have

11  great significance to the scientific study of such vertebrate

12  fossils or to public representation of the faunal heritage of

13  the state.

14         (5)  Enlisting the aid of professional vertebrate

15  paleontologists, mine and quarry operators, heavy digging

16  equipment operators, and qualified amateurs in carrying out

17  the provisions of subsections (1)-(4), and authorizing their

18  active support and cooperation by issuing permits to them as

19  provided in s. 1004.576.

20         (6)  Cooperating and coordinating activities with the

21  Department of Environmental Protection under the provisions of

22  ss. 375.021 and 375.031 and the Department of State under

23  chapter 267 in the acquisition, preservation, and operation of

24  significant vertebrate paleontological sites and properties of

25  great and continuing scientific value, so that such sites and

26  properties may be utilized to conserve the faunal heritage of

27  this state and to promote an appreciation of that heritage.

28         (7)  Designating areas as "state vertebrate

29  paleontological sites" pursuant to the provisions of this

30  section, which areas are of great and continuing significance

31  to the scientific study and public understanding of the faunal


                                 540

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  history of the state.  However, no privately owned site or

 2  grouping of sites shall be so designated without the express

 3  written consent of the private owner of the site or group of

 4  sites.  Upon designation of a state vertebrate paleontological

 5  site, the owners and occupants of such site shall be given

 6  written notification of such designation by the program.  Once

 7  such site has been so designated, no person may conduct

 8  paleontological field investigation activities on the site

 9  without first securing a permit for such activities as

10  provided in s. 1004.576.

11         (8)  Arranging for the disposition of the vertebrate

12  fossils by accredited institutions and for the temporary or

13  permanent loan of such fossils for the purpose of further

14  scientific study, interpretative display, and curatorial

15  responsibilities by such institutions.

16         Section 206.  Section 1004.576, Florida Statutes, is

17  created to read:

18         1004.576  Destruction, purchase, and sale of vertebrate

19  fossils prohibited, exceptions; field investigation permits

20  required; penalty for violation.--

21         (1)  The destruction, defacement, purchase, and sale of

22  vertebrate fossils found on or under land owned or leased by

23  the state and on land in state-designated vertebrate

24  paleontological sites are prohibited, except that the Florida

25  Museum of Natural History may sell vertebrate fossils and may

26  adopt rules defining "nonessential vertebrate fossils" and

27  prescribing the conditions under which such fossils may be

28  sold or otherwise disposed of by a person holding a permit

29  issued by the Florida Museum of Natural History. Field

30  investigations of vertebrate fossils, including, but not

31  limited to, the systematic collection, acquisition,


                                 541

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  excavation, salvage, exhumation, or restoration of such

 2  fossils, are prohibited on all lands owned or leased by the

 3  state and on lands in state-designated vertebrate

 4  paleontological sites, unless such activities are conducted

 5  under the authority of permits issued by the Florida Museum of

 6  Natural History.  A permit may be granted by the Florida

 7  Museum of Natural History upon application for the permit

 8  accompanied by an application fee not to exceed $5. The

 9  privileges authorized pursuant to the grant of a permit as

10  provided in this subsection may not be assigned or sublet to

11  any other party.

12         (2)  Any person who, in violation of this section,

13  engages in any of the activities described in subsection (1)

14  without first having obtained a permit to engage in such

15  activity commits a misdemeanor, punishable by a fine not to

16  exceed $500 or by imprisonment in the county jail for a period

17  not to exceed 6 months, or both; and, in addition, he or she

18  shall forfeit to the state all specimens, objects, and

19  materials collected and excavated in violation of this

20  section, together with all photographs and records relating to

21  such materials.

22         (3)  The Florida Museum of Natural History may

23  institute a civil action in the appropriate circuit court for

24  recovery of any unlawfully taken vertebrate fossil.  The

25  fossil shall be forfeited to the state if the Florida Museum

26  of Natural History shows by the greater weight of the evidence

27  that the fossil has been taken from a particular site within

28  this state and that the person found in possession of the

29  fossil is not authorized by law to possess such fossil.

30         Section 207.  Section 1004.577, Florida Statutes, is

31  created to read:


                                 542

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         1004.577  Certain rights of mine or quarry operators

 2  and dragline or heavy equipment operators preserved.--Nothing

 3  in ss. 1004.57-1004.576 shall infringe upon the right of a

 4  legitimate mine or quarry operator to extract rock, gravel,

 5  fill, phosphate, or other minerals or infringe upon the right

 6  of a legitimate operator of draglines or similar heavy

 7  dredging, trenching, or digging equipment to construct

 8  drainage canals or other excavations because of the actual or

 9  potential destruction of vertebrate fossils.

10         Section 208.  Section 1004.58, Florida Statutes, is

11  created to read:

12         1004.58  Leadership Board for Applied Research and

13  Public Service.--

14         (1)  There is created the Leadership Board for Applied

15  Research and Public Service to be staffed by the Institute of

16  Science and Public Affairs at Florida State University. The

17  purpose of the board is to focus, coordinate, and maximize

18  university resources on current issues and events affecting

19  Florida's residents and elected officials. Emphasis shall be

20  placed on being responsive to and providing accurate, timely,

21  useful, and relevant information to decisionmakers in state

22  and local governments. The board shall set forth a process to

23  provide comprehensive guidance and advice for improving the

24  types and quality of services to be delivered by the state

25  universities. Specifically, the board shall better identify

26  and define the missions and roles of existing institutes and

27  centers at each state university, work to eliminate

28  duplication and confusion over conflicting roles and missions,

29  involve more students in learning with applied research and

30  public service activities, and be organizationally separate

31  from academic departments. The board shall meet at least


                                 543

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  quarterly. The board may create internal management councils

 2  that may include working institute and center directors. The

 3  board is responsible for, but is not limited to:

 4         (a)  Providing strategic direction, planning, and

 5  accompanying decisions that support a coordinated applied

 6  public service and research approach in the state.

 7         (b)  Addressing state university policy matters and

 8  making recommendations to the State Board of Education as they

 9  relate to applied public service and research.

10         (c)  Serving as a clearinghouse for services requested

11  by public officials.

12         (d)  Providing support for funding and fiscal

13  initiatives involving applied public service and research.

14         (2)  Membership of the board shall be:

15         (a)  The Commissioner of Education, or the

16  commissioner's designee, who shall serve as chair.

17         (b)  The director of the Office of Planning and

18  Budgeting of the Executive Office of the Governor.

19         (c)  The secretary of the Department of Management

20  Services.

21         (d)  The director of Economic and Demographic Research.

22         (e)  The director of the Office of Program Policy

23  Analysis and Government Accountability.

24         (f)  The President of the Florida League of Cities.

25         (g)  The President for the Florida Association of

26  Counties.

27         (h)  The President of the Florida School Board

28  Association.

29         (i)  Five additional university president members,

30  designated by the commissioner, to rotate annually.

31  


                                 544

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (3)  The board shall prepare a report for the State

 2  Board of Education to be submitted to the Governor and the

 3  Legislature by January 1 of each year which summarizes the

 4  work and recommendations of the board in meeting its purpose

 5  and mission.

 6         Section 209.  Section 1004.59, Florida Statutes, is

 7  created to read:

 8         1004.59  Florida Conflict Resolution Consortium.--It is

 9  the intent of the Legislature to reduce the public and private

10  costs of litigation; resolve public disputes, including those

11  related to growth management issues, more quickly and

12  effectively; and improve intergovernmental communications,

13  cooperation, and consensus building. The Legislature hereby

14  formally establishes the Florida Conflict Resolution

15  Consortium as a statewide center based at Florida State

16  University, or at another campus as may be designated by the

17  Commissioner of Education.  The purpose of the consortium is

18  to serve as a neutral resource to assist citizens and public

19  and private interests in Florida to seek cost-effective

20  solutions to public disputes and problems through the use of

21  alternative dispute resolution and consensus building.

22         Section 210.  Section 1004.60, Florida Statutes, is

23  created to read:

24         1004.60  Research of Rosewood incident.--State

25  universities shall continue the research of the Rosewood

26  incident and the history of race relations in Florida and

27  develop materials for the educational instruction of these

28  events.

29         Section 211.  Section 1004.61, Florida Statutes, is

30  created to read:

31  


                                 545

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         1004.61  Partnerships to develop child protection

 2  workers.--The Department of Children and Family Services is

 3  directed to form partnerships with the schools of social work

 4  of the state universities in order to encourage the

 5  development of graduates trained to work in child protection.

 6  The department shall give hiring preferences for child

 7  protection jobs to graduates who have earned bachelor's and

 8  master's degrees from these programs with a concentration in

 9  child protection. The partnership between the Department of

10  Children and Family Services and the schools of social work

11  shall include, but not be limited to, modifying existing

12  graduate and undergraduate social work curricula, providing

13  field placements for students into child protection

14  internships in the department, and collaborating in the design

15  and delivery of advanced levels of social work practice.

16         Section 212.  Section 1004.62, Florida Statutes, is

17  created to read:

18         1004.62  Incentives for urban or socially and

19  economically disadvantaged area internships.--The Legislature

20  establishes incentives for urban or socially and economically

21  disadvantaged area internships to give university students the

22  opportunity to study the social, economic, educational, and

23  political life of inner cities in metropolitan or socially and

24  economically disadvantaged areas of the state. The incentives

25  are for internships that are open to students in all

26  disciplines, including business, education, physical science,

27  social science, the liberal arts, and the fine arts.

28  Incentives may be given to any state university. Incentives

29  must be for one semester's duration, or more, in which an

30  intern may earn up to 12 hours of credit for the internship.

31  Student interns must work in teams to address a specific urban


                                 546

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  or socially and economically disadvantaged area social problem

 2  or carry out an urban or socially and economically

 3  disadvantaged area social program. The results of each team's

 4  work must be published in a report and distributed to the

 5  colleges of education at each state university.

 6         Section 213.  Part III of chapter 1004, Florida

 7  Statutes, shall be entitled "Community Colleges" and shall

 8  consist of ss. 1004.65-1004.81.

 9         Section 214.  Part III.a. of chapter 1004, Florida

10  Statutes, shall be entitled "General Provisions" and shall

11  consist of ss. 1004.65-1004.726.

12         Section 215.  Section 1004.65, Florida Statutes, is

13  created to read:

14         1004.65  Community colleges; definition, mission, and

15  responsibilities.--

16         (1)  Community colleges shall consist of all public

17  educational institutions operated by community college

18  district boards of trustees under statutory authority and

19  rules of the State Board of Education.

20         (2)  Each community college district authorized by law

21  and the Department of Education is an independent, separate,

22  legal entity created for the operation of a community college.

23         (3)  A community college may provide adult education

24  services, including adult basic education, adult general

25  education, adult secondary education, and general educational

26  development test instruction.

27         (4)  The community colleges are locally based and

28  governed entities with statutory and funding ties to state

29  government. As such, the community colleges' mission reflects

30  a commitment to be responsive to local educational needs and

31  challenges. In achieving this mission, the community colleges


                                 547

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  strive to maintain sufficient local authority and flexibility

 2  while preserving appropriate legal accountability to the

 3  state.

 4         (5)  As comprehensive institutions, the community

 5  colleges shall provide high-quality, affordable education and

 6  training opportunities, shall foster a climate of excellence,

 7  and shall provide opportunities to all while combining high

 8  standards with an open-door admission policy. The community

 9  colleges shall, as open-access institutions, serve all who can

10  benefit, without regard to age, race, gender, creed, or ethnic

11  or economic background, while emphasizing the achievement of

12  social and educational equity so that all can be prepared for

13  full participation in society.

14         (6)  The primary mission and responsibility of

15  community colleges is responding to community needs for

16  postsecondary academic education and technical degree

17  education. This mission and responsibility includes being

18  responsible for:

19         (a)  Providing lower level undergraduate instruction

20  and awarding associate degrees.

21         (b)  Preparing students directly for vocations

22  requiring less than baccalaureate degrees. This may include

23  preparing for job entry, supplementing of skills and

24  knowledge, and responding to needs in new areas of technology.

25  Career and technical education in the community college shall

26  consist of technical certificates, credit courses leading to

27  associate in science degrees and associate in applied science

28  degrees, and other programs in fields requiring substantial

29  academic work, background, or qualifications. A community

30  college may offer career and technical education programs in

31  fields having lesser academic or technical requirements.


                                 548

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (c)  Providing student development services, including

 2  assessment, student tracking, support for disabled students,

 3  advisement, counseling, financial aid, career development, and

 4  remedial and tutorial services, to ensure student success.

 5         (d)  Promoting economic development for the state

 6  within each community college district through the provision

 7  of special programs, including, but not limited to, the:

 8         1.  Enterprise Florida-related programs.

 9         2.  Technology transfer centers.

10         3.  Economic development centers.

11         4.  Workforce literacy programs.

12         (e)  Providing dual enrollment instruction.

13         (7)  A separate and secondary role for community

14  colleges includes:

15         (a)  Providing upper level instruction and awarding

16  baccalaureate degrees as specifically authorized by law.

17         (b)  The offering of programs in:

18         1.  Community services that are not directly related to

19  academic or occupational advancement.

20         2.  Adult general education.

21         3.  Recreational and leisure services.

22         (8)  Funding for community colleges shall reflect their

23  mission as follows:

24         (a)  Postsecondary academic and career and technical

25  education programs and adult general education programs shall

26  have first priority in community college funding.

27         (b)  Community service programs shall be presented to

28  the Legislature with rationale for state funding. The

29  Legislature may identify priority areas for use of these

30  funds.

31  


                                 549

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (9)  Community colleges are authorized to offer such

 2  programs and courses as are necessary to fulfill their mission

 3  and are authorized to grant associate in arts degrees,

 4  associate in science degrees, associate in applied science

 5  degrees, certificates, awards, and diplomas. Each community

 6  college is also authorized to make provisions for the general

 7  educational development test. Each community college may

 8  provide access to baccalaureate degrees in accordance with

 9  law.

10         Section 216.  Section 1004.66, Florida Statutes, is

11  created to read:

12         1004.66  "Community college" and "junior college" used

13  interchangeably.--Whenever the terms "community college" and

14  "junior college" appear in the Florida Statutes in reference

15  to a tax-supported institution, they shall be construed

16  identically.

17         Section 217.  Section 1004.67, Florida Statutes, is

18  created to read:

19         1004.67  Community colleges; legislative intent.--It is

20  the legislative intent that community colleges, constituted as

21  political subdivisions of the state, continue to be operated

22  by community college boards of trustees as provided in s.

23  1001.63 and that no department, bureau, division, agency, or

24  subdivision of the state exercise any responsibility and

25  authority to operate any community college of the state except

26  as specifically provided by law or rules of the State Board of

27  Education.

28         Section 218.  Section 1004.68, Florida Statutes, is

29  created to read:

30         1004.68  Community college; degrees and certificates;

31  tests for certain skills.--


                                 550

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (1)  Each community college board of trustees shall

 2  adopt rules establishing student performance standards for the

 3  award of degrees and certificates.

 4         (2)  Each community college board of trustees shall

 5  require the use of scores on tests for college-level

 6  communication and computation skills provided in s.

 7  1008.345(8) as a condition for graduation with an associate in

 8  arts degree.

 9         Section 219.  Section 1004.70, Florida Statutes, is

10  created to read:

11         1004.70  Community college direct-support

12  organizations.--

13         (1)  DEFINITIONS.--For the purposes of this section:

14         (a)  "Community college direct-support organization"

15  means an organization that is:

16         1.  A Florida corporation not for profit, incorporated

17  under the provisions of chapter 617 and approved by the

18  Department of State.

19         2.  Organized and operated exclusively to receive,

20  hold, invest, and administer property and to make expenditures

21  to, or for the benefit of, a community college in this state.

22         3.  An organization that the community college board of

23  trustees, after review, has certified to be operating in a

24  manner consistent with the goals of the community college and

25  in the best interest of the state. Any organization that is

26  denied certification by the board of trustees may not use the

27  name of the community college that it serves.

28         (b)  "Personal services" includes full-time or

29  part-time personnel as well as payroll processing.

30         (2)  BOARD OF DIRECTORS.--The chair of the board of

31  trustees shall appoint a representative to the board of


                                 551

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  directors and the executive committee of each direct-support

 2  organization established under this section, including those

 3  established before July 1, 1998. The president of the

 4  community college for which the direct-support organization is

 5  established, or the president's designee, shall also serve on

 6  the board of directors and the executive committee of the

 7  direct-support organization, including any direct-support

 8  organization established before July 1, 1998.

 9         (3)  USE OF PROPERTY.--

10         (a)  The board of trustees is authorized to permit the

11  use of property, facilities, and personal services at any

12  community college by any community college direct-support

13  organization, subject to the provisions of this section.

14         (b)  The board of trustees is authorized to prescribe

15  by rule any condition with which a community college

16  direct-support organization must comply in order to use

17  property, facilities, or personal services at any community

18  college.

19         (c)  The board of trustees may not permit the use of

20  property, facilities, or personal services at any community

21  college by any community college direct-support organization

22  that does not provide equal employment opportunities to all

23  persons regardless of race, color, national origin, gender,

24  age, or religion.

25         (4)  ACTIVITIES; RESTRICTIONS.--

26         (a)  A direct-support organization may, at the request

27  of the board of trustees, provide residency opportunities on

28  or near campus for students.

29         (b)  A direct-support organization that constructs

30  facilities for use by a community college or its students must

31  comply with all requirements of law relating to the


                                 552

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  construction of facilities by a community college, including

 2  requirements for competitive bidding.

 3         (c)  Any transaction or agreement between one

 4  direct-support organization and another direct-support

 5  organization or between a direct-support organization and a

 6  center of technology innovation designated under s. 1004.77

 7  must be approved by the board of trustees.

 8         (d)  A community college direct-support organization is

 9  prohibited from giving, either directly or indirectly, any

10  gift to a political committee or committee of continuous

11  existence as defined in s. 106.011 for any purpose other than

12  those certified by a majority roll call vote of the governing

13  board of the direct-support organization at a regularly

14  scheduled meeting as being directly related to the educational

15  mission of the community college.

16         (5)  ANNUAL BUDGETS AND REPORTS.--Each direct-support

17  organization shall submit to the board of trustees its federal

18  Internal Revenue Service Application for Recognition of

19  Exemption form (Form 1023) and its federal Internal Revenue

20  Service Return of Organization Exempt from Income Tax form

21  (Form 990).

22         (6)  ANNUAL AUDIT.--Each direct-support organization

23  shall provide for an annual financial audit in accordance with

24  rules adopted by the Auditor General pursuant to s. 11.45(8).

25  The annual audit report must be submitted, within 9 months

26  after the end of the fiscal year, to the Auditor General, the

27  State Board of Education, and the board of trustees for

28  review.  The board of trustees, the Auditor General, and the

29  Office of Program Policy Analysis and Government

30  Accountability may require and receive from the organization

31  or from its independent auditor any detail or supplemental


                                 553

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  data relative to the operation of the organization.  The

 2  identity of donors who desire to remain anonymous shall be

 3  protected, and that anonymity shall be maintained in the

 4  auditor's report. All records of the organization, other than

 5  the auditor's report, any information necessary for the

 6  auditor's report, any information related to the expenditure

 7  of funds, and any supplemental data requested by the board of

 8  trustees, the Auditor General, and the Office of Program

 9  Policy Analysis and Government Accountability, shall be

10  confidential and exempt from the provisions of s. 119.07(1).

11         Section 220.  Section 1004.71, Florida Statutes, is

12  created to read:

13         1004.71  Statewide community college direct-support

14  organizations.--

15         (1)  DEFINITIONS.--For the purposes of this section:

16         (a)  "Statewide community college direct-support

17  organization" means an organization that is:

18         1.  A Florida corporation not for profit, incorporated

19  under the provisions of chapter 617 and approved by the

20  Department of State.

21         2.  Organized and operated exclusively to receive,

22  hold, invest, and administer property and to make expenditures

23  to, or for the benefit of, the community colleges in this

24  state.

25         3.  An organization that the State Board of Education,

26  after review, has certified to be operating in a manner

27  consistent with the goals of the community colleges and in the

28  best interest of the state.

29         (b)  "Personal services" includes full-time or

30  part-time personnel as well as payroll processing.

31  


                                 554

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (2)  BOARD OF DIRECTORS.--The chair of the State Board

 2  of Education may appoint a representative to the board of

 3  directors and the executive committee of any statewide,

 4  direct-support organization established under this section or

 5  s. 1004.70. The chair of the State Board of Education, or the

 6  chair's designee, shall also serve on the board of directors

 7  and the executive committee of any direct-support organization

 8  established to benefit the community colleges of Florida.

 9         (3)  USE OF PROPERTY.--

10         (a)  The State Board of Education may permit the use of

11  property, facilities, and personal services of the Department

12  of Education by any statewide community college direct-support

13  organization, subject to the provisions of this section.

14         (b)  The State Board of Education may prescribe by rule

15  any condition with which a statewide community college

16  direct-support organization must comply in order to use

17  property, facilities, or personal services of the Department

18  of Education.

19         (c)  The State Board of Education may not permit the

20  use of property, facilities, or personal services of the

21  Department of Education by any statewide community college

22  direct-support organization that does not provide equal

23  employment opportunities to all persons regardless of race,

24  color, national origin, gender, age, or religion.

25         (4)  RESTRICTIONS.--

26         (a)  A statewide, direct-support organization may not

27  use public funds to acquire, construct, maintain, or operate

28  any facilities.

29         (b)  Any transaction or agreement between a statewide,

30  direct-support organization and any other direct-support

31  organization or between a statewide, direct-support


                                 555

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  organization and a center of technology innovation designated

 2  under s. 1004.77 must be approved by the State Board of

 3  Education.

 4         (c)  A statewide community college direct-support

 5  organization is prohibited from giving, either directly or

 6  indirectly, any gift to a political committee or committee of

 7  continuous existence as defined in s. 106.011 for any purpose

 8  other than those certified by a majority roll call vote of the

 9  governing board of the direct-support organization at a

10  regularly scheduled meeting as being directly related to the

11  educational mission of the State Board of Education.

12         (5)  ANNUAL BUDGETS AND REPORTS.--Each direct-support

13  organization shall submit to the State Board of Education its

14  federal Internal Revenue Service Application for Recognition

15  of Exemption form (Form 1023) and its federal Internal Revenue

16  Service Return of Organization Exempt from Income Tax form

17  (Form 990).

18         (6)  ANNUAL AUDIT.--A statewide community college

19  direct-support organization shall provide for an annual

20  financial audit in accordance with s. 1004.70. The identity of

21  a donor or prospective donor who desires to remain anonymous

22  and all information identifying such donor or prospective

23  donor are confidential and exempt from the provisions of s.

24  119.07(1) and s. 24(a), Art. I of the State Constitution. Such

25  anonymity shall be maintained in the auditor's report.

26         Section 221.  Section 1004.725, Florida Statutes, is

27  created to read:

28         1004.725  Expenditures for self-insurance services;

29  special account.--

30         (1)  The community college boards of trustees, singly

31  or collectively, are authorized to contract with an


                                 556

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  administrator or service company approved by the Department of

 2  Insurance pursuant to chapter 626 to provide self-insurance

 3  services, including, but not limited to, the evaluation,

 4  settlement, and payment of self-insurance claims on behalf of

 5  the board of trustees or a consortium of boards of trustees.

 6         (2)  Pursuant to such a contract, a board of trustees

 7  may advance moneys to the administrator or service company to

 8  be deposited in a special account for paying claims against

 9  the board of trustees under its self-insurance program.  The

10  special account shall be maintained in a designated depository

11  as provided by s. 136.01.  The board of trustees may replenish

12  such account as often as necessary upon the presentation by

13  the administrator or service company of documentation for

14  claims paid in an amount equal to the amount of the requested

15  reimbursement. Any contract for disbursement of funds from the

16  special account shall ensure that the payments are subject to

17  proper disbursement controls and accounting procedures.

18         Section 222.  Section 1004.726, Florida Statutes, is

19  created to read:

20         1004.726  Trademarks, copyrights, or patents.--Each

21  community college board of trustees may develop and produce

22  work products relating to educational endeavors that are

23  subject to trademark, copyright, or patent statutes.  To this

24  end, the board of trustees shall consider the relative

25  contribution by the personnel employed in the development of

26  such work products and shall enter into binding agreements

27  with such personnel, organizations, corporations, or

28  government entities, which agreements shall establish the

29  percentage of ownership of such trademarks, copyrights, or

30  patents.  Any other law to the contrary notwithstanding, the

31  board of trustees may in its own name:


                                 557

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (1)  Perform all things necessary to secure letters of

 2  patent, copyrights, and trademarks on any such work products

 3  and enforce its rights therein.

 4         (2)  License, lease, assign, or otherwise give written

 5  consent to any person, firm, or corporation for the

 6  manufacture or use of its work products on a royalty basis or

 7  for such other consideration as the board of trustees deems

 8  proper.

 9         (3)  Take any action necessary, including legal action,

10  to protect its work products against improper or unlawful use

11  of infringement.

12         (4)  Enforce the collection of any sums due the board

13  of trustees for the manufacture or use of its work products by

14  any other party.

15         (5)  Sell any of its work products and execute all

16  instruments necessary to consummate any such sale.

17         (6)  Do all other acts necessary and proper for the

18  execution of powers and duties provided by this section.

19         Section 223.  Part III.b. of chapter 1004, Florida

20  Statutes, shall be entitled "Special Programs; Centers" and

21  shall consist of ss. 1004.73-1004.81.

22         Section 224.  Section 1004.73, Florida Statutes, is

23  created to read:

24         1004.73  St. Petersburg College.--

25         (1)  LEGISLATIVE INTENT.--The Legislature intends to

26  create an innovative means to increase access to baccalaureate

27  degree level education in populous counties that are

28  underserved by public baccalaureate degree granting

29  institutions. This education is intended to address the

30  state's workforce needs, especially the need for teachers,

31  


                                 558

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  nurses, and business managers in agencies and firms that

 2  require expertise in technology.

 3         (2)  ST. PETERSBURG COLLEGE; MISSION; POLICIES.--St.

 4  Petersburg College shall immediately seek accreditation from

 5  the Southern Association of Colleges and Schools as a

 6  baccalaureate degree granting college.

 7         (a)  The primary mission of St. Petersburg College is

 8  to provide high-quality undergraduate education at an

 9  affordable price for students and the state. The purpose is to

10  promote economic development by preparing people for

11  occupations that require a bachelor's degree and are in demand

12  by existing or emerging public and private employers in this

13  state.

14         (b)  St. Petersburg College shall maintain the mission

15  and policies of a Florida community college, including the

16  open-door admissions policy and the authority to offer all

17  programs consistent with a community college's authority.

18         (c)  St. Petersburg College shall maintain the

19  distinction between the college and its university center. St.

20  Petersburg College is limited to community college programs

21  and to selected baccalaureate degree level programs that meet

22  community needs and are authorized as provided by this

23  section. The University Center may make available more diverse

24  program offerings, but those programs are offered by a

25  participating college or university and are not to be

26  classified or funded as programs of St. Petersburg College.

27         (d)  The academic policies of the upper-division

28  program at St. Petersburg College must be in accordance with

29  policies of the State Board of Education.

30         (e)  Sections 1013.39 and 1013.82 apply to St.

31  Petersburg College.


                                 559

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (3)  STUDENTS; FEES.--

 2         (a)  St. Petersburg College shall maintain separate

 3  records for students who are enrolled in courses classified in

 4  the upper division and lower division of a baccalaureate

 5  program, according to the statewide course numbering system. A

 6  student shall be reported as a community college student for

 7  enrollment in a lower-division course and as a baccalaureate

 8  degree program student for enrollment in an upper-division

 9  course.

10         (b)  The Board of Trustees of St. Petersburg College

11  shall establish the level of tuition and other authorized

12  student fees consistent with law and proviso in the General

13  Appropriations Act.

14         1.  For each credit hour of enrollment in a certificate

15  level course or lower-division level college credit course,

16  tuition and fees must be within the range authorized in law

17  and rule for a community college student at that level.

18         2.  For each credit hour of enrollment in an

19  upper-division level course, matriculation and tuition fees

20  must be in an amount established by the Board of Trustees of

21  St. Petersburg College. However, fees for upper-division

22  students must reflect the fact that the college does not incur

23  the costs of major research programs. Therefore, the board of

24  trustees shall establish fees for upper-division students

25  within a range that is lower than the fees established for

26  students at a state university but higher than the fees for

27  community college students.

28         3.  Other mandatory fees and local fees must be at the

29  same level for all lower-division students. For upper-division

30  students, other mandatory fees and local fees must be at a

31  level less than fees established for University of South


                                 560

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Florida students, regardless of program enrollment or level.

 2  However, students in workforce development education courses

 3  maintain the authorized fee exemptions described in s. 1009.25

 4  and may be exempt from local fees imposed by the board of

 5  trustees, at the board's discretion.

 6         (4)  DEGREES.--

 7         (a)  In addition to the certificates, diplomas, and

 8  degrees authorized in s. 1004.65, St. Petersburg College may

 9  offer selected baccalaureate degrees. Initially, the college

10  may offer programs that lead to a baccalaureate degree in the

11  following fields:

12         1.  Bachelor of Science in Nursing. This program must

13  be designed to articulate with the associate in science degree

14  in nursing. St. Petersburg College shall continue to offer the

15  associate in science degree in nursing.

16         2.  Bachelor of Arts and Bachelor of Science in

17  Elementary Education.

18         3.  Bachelor of Arts and Bachelor of Science in Special

19  Education.

20         4.  Bachelor of Arts and Bachelor of Science in

21  Secondary Education.

22         5.  Bachelor of Applied Science in fields selected by

23  the Board of Trustees of St. Petersburg College. The board of

24  trustees shall base the selection on an analysis of workforce

25  needs and opportunities in the following counties: Pinellas,

26  Pasco, Hernando, and other counties approved by the Department

27  of Education. For each program selected, St. Petersburg

28  College must offer a related associate in science or associate

29  in applied science degree program, and the baccalaureate

30  degree level program must be designed to articulate fully with

31  at least one associate in science degree program. The college


                                 561

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  is encouraged to develop articulation agreements for

 2  enrollment of graduates of related associate in applied

 3  science degree programs.

 4         (b)  St. Petersburg College may offer courses that

 5  enable teachers to qualify for certification and

 6  recertification as required by law or rule.

 7         (c)  St. Petersburg College may offer programs to

 8  provide opportunities for a person who holds a baccalaureate

 9  degree, but is not certified to teach, to obtain any

10  additional courses required for teacher certification.

11         (d)  Master's degree level programs and doctoral

12  programs may be provided by agreement with a college or

13  university participating in the University Center of St.

14  Petersburg College.

15         (e)  For those students living outside Pinellas County,

16  St. Petersburg College shall recruit for the upper division

17  only those students who have earned an associate degree. In

18  recruiting upper-division students in Pasco and Hernando

19  Counties, St. Petersburg College shall work cooperatively with

20  Pasco-Hernando Community College and shall seek to offer

21  courses and programs at Pasco-Hernando Community College when

22  feasible. The nursing programs, in particular, must be

23  conducted cooperatively, and programs at St. Petersburg

24  College shall not conflict with Pasco-Hernando Community

25  College's and the University of South Florida's cooperative

26  nursing program.

27         (5)  BOARDS.--

28         (a)  The Board of Trustees of St. Petersburg College

29  serves as the college's governing board. The Governor shall

30  appoint members as provided in s. 1001.61, and the board has

31  


                                 562

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the duties and authorities granted in ss. 1001.63 and 1001.64

 2  and by rules of the State Board of Education.

 3         (b)  The Board of Trustees of St. Petersburg College

 4  may authorize direct-support organizations as authorized in

 5  ss. 1004.28 and 1004.70.

 6         (c)  The Board of Trustees of St. Petersburg College

 7  may continue to award degrees, diplomas, and certificates as

 8  authorized for St. Petersburg Junior College, and in the name

 9  of St. Petersburg Junior College, until St. Petersburg College

10  receives its accreditation.

11         (d)  A coordinating board shall assist the board of

12  trustees in its deliberations concerning issues that affect

13  the upper division of St. Petersburg College. The coordinating

14  board consists of the President of the University of South

15  Florida, the President of St. Petersburg College, the

16  President of Pasco-Hernando Community College, and the chairs

17  of the boards of trustees of those institutions.

18         (e)  Beginning 4 years after the college receives

19  accreditation to offer baccalaureate degrees, the Board of

20  Trustees of St. Petersburg College may determine additional

21  programs to be offered, with the approval of the coordinating

22  board. The determination must consider community needs and

23  economic opportunities.

24         (f)  The coordinating board shall meet at the request

25  of the President of the University of South Florida or the

26  President of St. Petersburg College.

27         (g)  If the coordinating board cannot decide an issue

28  of importance to the programs designed for upper-division

29  students, the State Board of Education shall resolve the

30  issue.

31         (6)  EMPLOYEES.--


                                 563

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (a)  Employment at St. Petersburg College is governed

 2  by the same laws that govern community colleges, except that

 3  upper-division faculty are eligible for continuing contracts

 4  upon the completion of the fifth year of teaching.

 5         (b)  Employee records for all personnel shall be

 6  maintained as required by s. 1012.81.

 7         (7)  FACILITIES.--St. Petersburg College may request

 8  funding from the Public Education Capital Outlay and Debt

 9  Service Trust Fund as a community college and as a university.

10  The municipalities in Pinellas County, the Board of County

11  Commissioners of Pinellas County, and all other governmental

12  entities are authorized to cooperate with the Board of

13  Trustees of St. Petersburg College in establishing this

14  institution. The acquisition and donation of lands, buildings,

15  and equipment for the use of St. Petersburg College are

16  authorized as a public purpose. The Board of County

17  Commissioners of Pinellas County and all municipalities in

18  Pinellas County may exercise the power of eminent domain to

19  acquire lands, buildings, and equipment for the use of St.

20  Petersburg College, regardless of whether such lands,

21  buildings, and equipment are located in a community

22  redevelopment area.

23         (8)  STATE FUNDING.--

24         (a)  The Legislature intends to fund St. Petersburg

25  College as a community college for its workforce development

26  education programs and for its lower-division level college

27  credit courses and programs.

28         (b)  The Legislature intends to fund St. Petersburg

29  College as a baccalaureate degree level institution for its

30  upper-division level courses and programs.

31  


                                 564

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 225.  Section 1004.74, Florida Statutes, is

 2  created to read:

 3         1004.74  Florida School of the Arts.--

 4         (1)  As the state strives to achieve excellence in all

 5  aspects of public education, it is the intent of the

 6  Legislature that specific attention be given to the needs of

 7  artistically talented high school and college students. It is

 8  further intended that such students who are occupationally

 9  oriented to the arts be provided with the means for achieving

10  both an academic education and artistic training appropriate

11  to their gifts.

12         (2)  There is created the Florida School of the Arts.

13  The school shall offer a program of academic and artistic

14  studies in the visual and performing arts, which program shall

15  be available to talented high school and college students in

16  the state.

17         (3)  The Florida School of the Arts is assigned to the

18  District Board of Trustees of the St. Johns River Community

19  College for purposes of administration and governance; but the

20  Florida School of the Arts, within appropriations and

21  limitations established annually by the Legislature, shall

22  serve as a professional school on a statewide basis for all

23  qualified students.

24         (4)  The Council for the Florida School of the Arts

25  shall be established to advise the community college district

26  board of trustees on matters pertaining to the operation of

27  the school.  The council shall consist of nine members,

28  appointed by the Commissioner of Education for 4-year terms. A

29  member may serve three terms and may serve until replaced.

30         Section 226.  Section 1004.75, Florida Statutes, is

31  created to read:


                                 565

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         1004.75  Training school consolidation pilot

 2  projects.--

 3         (1)  ESTABLISHMENT.--To consolidate and more

 4  efficiently use state and taxpayer resources by combining

 5  training programs, pilot training centers are established to

 6  provide public criminal justice training in Leon and St. Johns

 7  Counties. The following pilot training centers are

 8  established:

 9         (a)  The Pat Thomas Center at Tallahassee Community

10  College.

11         (b)  The Criminal Justice Academy at St. Johns River

12  Community College.

13         (2)  EXISTING PUBLIC CRIMINAL JUSTICE TRAINING

14  PROGRAMS.--Notwithstanding ss. 1001.31, 1001.33, and 1007.25,

15  or any other provision of law to the contrary, criminal

16  justice training programs in the pilot counties will transfer

17  to community colleges, effective July 1, 1999, at which time

18  responsibility for the provision of basic recruit, advanced,

19  career development, and continuing training courses and

20  programs offered in public criminal justice training programs

21  and for the operation of existing public criminal justice

22  training programs will be shifted from the school district to

23  the community college in whose service area the public

24  criminal justice training program is located. Certification of

25  the program granted by the Criminal Justice Standards and

26  Training Commission will be transferred to the respective

27  community college and the college must continue to meet the

28  requirements of the commission.

29         (3)  FACILITIES.--

30         (a)  Criminal justice training program educational

31  facilities, educational plants, and related equipment as


                                 566

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  defined in s. 1013.01(6) and (7) which are owned by the state

 2  and paid for with only state funds shall be transferred to the

 3  community college, except that, if such an educational

 4  facility or educational plant or part of such facility or

 5  plant is used for other purposes in addition to public

 6  criminal justice training, the Criminal Justice Standards and

 7  Training Commission shall mediate the transfer or a suitable

 8  multiuse arrangement.

 9         (b)  Criminal justice training program educational

10  facilities, educational plants, and related equipment as

11  defined in s. 1013.01(6) and (7) which are owned by the school

12  district and paid for in whole or in part with local tax funds

13  shall be leased to the community college. However, if such an

14  educational facility or educational plant, or part of such

15  facility or plant, is used for other purposes in addition to

16  public criminal justice training, the Criminal Justice

17  Standards and Training Commission shall mediate a suitable

18  lease agreement. If a school district and a community college

19  cannot agree on the terms and conditions of the lease

20  agreement, the Criminal Justice Standards and Training

21  Commission shall finalize the agreement and report its

22  decision to the Legislature. The Department of Education,

23  Office of Educational Facilities, shall conduct an analysis,

24  by December 31, 1999, to determine the amount of local tax

25  contribution used in the construction of a

26  school-district-owned criminal justice training program,

27  educational facility, or educational plant affected by the

28  transfer. This analysis shall be used to establish a purchase

29  price for the facility or plant. The community college board

30  of trustees may make a legislative budget request through the

31  


                                 567

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  State Board of Education to purchase the facility or plant, or

 2  it may continue to lease the facility or plant.

 3         (4)  PROGRAM REQUIREMENTS.--Each pilot training center

 4  will be regional in nature, as defined by the Criminal Justice

 5  Standards and Training Commission. Each community college with

 6  responsibility for a public criminal justice training program

 7  must:

 8         (a)  Establish a pilot training center advisory

 9  committee made up of professionals from the field of each

10  training program included in the pilot project.

11         (b)  Provide certificate and noncredit options for

12  students and training components of the pilot training center

13  that so require.

14         (c)  Develop an articulation agreement with state

15  universities to facilitate the transfer of graduates of a

16  community college degree training program to the upper

17  division of a state university with a corresponding program.

18         (5)  STAFFING.--The community college board of trustees

19  may provide for school district public criminal justice

20  training staff employed in full-time budgeted positions to be

21  transferred into the community college personnel system at the

22  same rate of salary. Retirement and leave provisions will be

23  transferred according to law.

24         (6)  FUNDING.--The Department of Education shall shift

25  funds generated by students in the pilot training centers

26  established by this section, including workforce development

27  recurring and nonrecurring funds, from the appropriate school

28  district to the respective community college. The community

29  college shall qualify for future facilities funding upon

30  transfer of the facility.

31  


                                 568

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (a)  Consistent with s. 1011.62(7), school districts

 2  that transfer programs will receive an amount equal to 15

 3  percent of the funding generated for the program under the

 4  FEFP in 1996-1997.

 5         (b)  Reflecting the lower program costs in community

 6  colleges, notwithstanding the funding generated in paragraph

 7  (a), community colleges will receive 90 percent of the funding

 8  generated for the program under the FEFP in 1996-1997. The

 9  school district will retain the remaining 10 percent.

10         (c)  Notwithstanding ss. 1011.80(5)(a) and

11  1009.22(3)(a), or any other provision of law to the contrary,

12  fees for continuing workforce education for public law

13  enforcement officers at these pilot centers shall not exceed

14  25 percent of the cost of the course, and state funding shall

15  not under any circumstances exceed 50 percent of the cost of

16  the course.

17         Section 227.  Section 1004.76, Florida Statutes, is

18  created to read:

19         1004.76  Florida Martin Luther King, Jr., Institute for

20  Nonviolence.--

21         (1)  As used in this section:

22         (a)  "Board" means the advisory board of the institute.

23         (b)  "Institute" means the Florida Martin Luther King,

24  Jr., Institute for Nonviolence.

25         (2)  There is hereby created the Florida Martin Luther

26  King, Jr., Institute for Nonviolence to be established at

27  Miami-Dade Community College. The institute shall have an

28  advisory board consisting of 13 members as follows: the

29  Attorney General, the Commissioner of Education, and 11

30  members to be appointed by the Governor, such members to

31  represent the population of the state based on its ethnic,


                                 569

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  gender, and socioeconomic diversity.  Of the members appointed

 2  by the Governor, one shall be a member of the Senate appointed

 3  by the Governor on the recommendation of the President of the

 4  Senate; one shall be a member of the Senate appointed by the

 5  Governor on the recommendation of the minority leader; one

 6  shall be a member of the House of Representatives appointed by

 7  the Governor on the recommendation of the Speaker of the House

 8  of Representatives; one shall be a member of the House of

 9  Representatives appointed by the Governor on the

10  recommendation of the minority leader; and seven shall be

11  members appointed by the Governor, no more than three of whom

12  shall be members of the same political party.  The following

13  groups shall be represented by the seven members: the Florida

14  Sheriffs Association; the Florida Association of Counties; the

15  Florida League of Cities; state universities human services

16  agencies; community relations or human relations councils; and

17  youth.  A chairperson shall be elected by the members and

18  shall serve for a term of 3 years.  Members of the board shall

19  serve the following terms of office which shall be staggered:

20         (a)  A member of the Legislature appointed to the board

21  shall serve for a single term not to exceed 5 years and shall

22  serve as a member only while he or she is a member of the

23  Legislature.

24         (b)  Of the seven members who are not members of the

25  Legislature, three shall serve for terms of 4 years, two shall

26  serve for terms of 3 years, and one shall serve for a term of

27  1 year.  Thereafter, each member, except for a member

28  appointed to fill an unexpired term, shall serve for a 5-year

29  term.  No member shall serve on the board for more than 10

30  years.

31  


                                 570

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  In the event of a vacancy occurring in the office of a member

 2  of the board by death, resignation, or otherwise, the Governor

 3  shall appoint a successor to serve for the balance of the

 4  unexpired term.

 5         (3)(a)  The board shall provide for the holding of

 6  regular and special meetings.  A majority of the members shall

 7  constitute a quorum for the transaction of any business, and

 8  the acts of a majority of the members present at a meeting at

 9  which a quorum is present shall be deemed to be the acts of

10  the board.

11         (b)  An executive director shall be appointed by the

12  board and shall be the chief administrative and operational

13  officer of the board.  The executive director shall direct and

14  supervise administrative affairs and the general management of

15  the board. The executive director may contract with or employ

16  legal and technical experts and such other employees,

17  permanent and temporary, as shall be authorized by the board.

18         (c)  Members of the board shall serve without

19  compensation, but shall be reimbursed for per diem and travel

20  expenses in accordance with s. 112.061.

21         (4)  The institute shall have the following powers and

22  duties:

23         (a)  To conduct training, provide symposia, and develop

24  continuing education and programs to promote skills in

25  nonviolent conflict resolution for persons in government,

26  private enterprise, community groups, and voluntary

27  associations.

28         (b)  To enter into formal and informal relationships

29  with other public or private institutions for purposes of

30  fulfilling the goals of the institute and to ensure geographic

31  dispersion of services to all regions of the state.


                                 571

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (c)  To establish a clearinghouse to provide materials,

 2  including publications, handbooks, training manuals, and

 3  audiovisual materials, on the programs, studies, research,

 4  training, and educational opportunities of the institute.

 5         (d)  To adopt, amend, and alter bylaws not inconsistent

 6  with the laws of the state.

 7         (e)  To charge and collect subscription and other

 8  participation costs and fees for its services, including

 9  publications and courses of study.

10         (f)  To receive and accept from any federal, state, or

11  local agency grants, or advances for, or in aid of, the

12  purposes of this act and to receive and accept contributions

13  from any source of either money, property, labor, or other

14  things of value, to be held, used, and applied for said

15  purposes.

16         (g)  To do any and all lawful acts and things necessary

17  or desirable to carry out the objectives and purposes of this

18  act.

19         (5)  The institute may establish fellowships through

20  the awarding of financial assistance to individuals and

21  organizations to enable them to pursue scholarly inquiry and

22  study other appropriate forms of strategies for peace and

23  nonviolent conflict resolution.

24         Section 228.  Section 1004.77, Florida Statutes, is

25  created to read:

26         1004.77  Centers of technology innovation.--

27         (1)  The State Board of Education may designate centers

28  of technology innovation at single community colleges,

29  consortia of community colleges, or consortia of community

30  colleges with other educational institutions. The state board

31  shall adopt rules necessary to implement the provisions of


                                 572

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  this section. The state board shall cooperate with the

 2  Workforce Florida, Inc., in the designation of the centers as

 3  it relates to the centers of applied technology.

 4         (2)  Centers shall be designated when a community

 5  college or consortia provides evidence that it has developed

 6  expertise in one or more specialized technologies. To be

 7  designated, the community college or consortia must provide

 8  benefits to the state, which may include, but are not limited

 9  to:

10         (a)  Curriculum development.

11         (b)  Faculty development.

12         (c)  Research, testing, and technology transfer.

13         (d)  Instructional equipment and materials

14  identification and development.

15         (e)  Partnerships with industries dependent upon

16  staying current in the related technologies and in the

17  development of workforce capabilities.

18         (f)  Partnerships with industries needing to convert

19  their existing technology base to other technologies in order

20  to continue conducting business in Florida, including

21  converting defense-related technologies to other technologies.

22         (3)  Centers may provide services to their service area

23  and receive funding through:

24         (a)  Serving as a technology transfer center, as

25  created in s. 1004.78.

26         (b)  Serving as an incubator facility for small

27  business concerns, as created in s. 1004.79.

28         (c)  Serving as an economic development center, as

29  created in s. 1004.80.

30         (4)  Centers may provide instruction, as follows:

31  


                                 573

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (a)  To students enrolled in the community college,

 2  especially for purposes of providing training for technicians

 3  in areas that support the employers involved in the technology

 4  specialization.

 5         (b)  To students enrolled at the undergraduate and

 6  graduate level in a university, college, or community college

 7  which is a member of the designated consortia. Such enrollment

 8  shall be funded by the enrolling institution.

 9         (c)  To employees in the service area needing training

10  and retraining in the technology of specialization, which may

11  include, but is not limited to, the retraining necessary to

12  convert defense-related technologies to other technologies.

13         (d)  To secondary school students and teachers where

14  such instruction will stimulate interest in further education.

15         (5)  The State Board of Education shall give priority

16  in the designation of centers to those community colleges that

17  specialize in technology in environmental areas and in areas

18  related to target industries of Enterprise Florida. Priority

19  in designation shall also be given to community colleges that

20  develop new and improved manufacturing techniques and related

21  business practices.

22         (6)  Centers, including the facilities of the center,

23  may be made available to the public agencies of the state, the

24  counties and cities of the service area, and the employers of

25  the state and service area. Centers may also be used for

26  applied research in the area of specialization.

27         (7)  Each center shall have a board of directors with

28  at least five members who shall be appointed by the district

29  board of trustees. The board of directors is responsible for

30  overseeing the operation of the center, approval of the annual

31  budget, and setting policy to guide the director in the


                                 574

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  operation of the center. The board of directors shall consist

 2  of at least the following:

 3         (a)  The director of the center.

 4         (b)  The vice president of academic affairs, or the

 5  equivalent, of the community college.

 6         (c)  The vice president of business affairs, or the

 7  equivalent, of the community college.

 8         (d)  Two members designated by the president of the

 9  community college.

10         (8)  Each center shall establish a schedule of fees or

11  rates to be charged to all who use the facilities of the

12  center. In addition, each center may negotiate user contracts

13  with governmental users, industrial users, researchers, public

14  or private educational institutions, or individuals for use of

15  the facilities. It is the intent of the Legislature that the

16  centers of technology innovation established pursuant to this

17  act shall not seek any additional state funding. Centers may

18  solicit and accept grants and donations, including, but not

19  limited to, federal and state grants to assist companies in

20  converting defense-related technologies to other technologies.

21         (9)  The State Board of Education may award grants to

22  designated centers for the purposes of this section. Grants

23  awarded shall be in accordance with rules established by the

24  State Board of Education, which rules shall require an annual

25  report.

26         Section 229.  Section 1004.78, Florida Statutes, is

27  created to read:

28         1004.78  Technology transfer centers at community

29  colleges.--

30         (1)  Each community college may establish a technology

31  transfer center for the purpose of providing institutional


                                 575

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  support to local business and industry and governmental

 2  agencies in the application of new research in technology.

 3  The primary responsibilities of such centers may include:

 4  identifying technology research developed by universities,

 5  research institutions, businesses, industries, the United

 6  States Armed Forces, and other state or federal governmental

 7  agencies; determining and demonstrating the application of

 8  technologies; training workers to integrate advanced equipment

 9  and production processes; and determining for business and

10  industry the feasibility and efficiency of accommodating

11  advanced technologies.

12         (2)  The community college board of trustees shall set

13  such policies to regulate the activities of the technology

14  transfer center as it may consider necessary to effectuate the

15  purposes of this section and to administer the programs of the

16  center in a manner which assures efficiency and effectiveness,

17  producing the maximum benefit for the educational programs and

18  maximum service to the state. To this end, materials that

19  relate to methods of manufacture or production, potential

20  trade secrets, potentially patentable material, actual trade

21  secrets, business transactions, or proprietary information

22  received, generated, ascertained, or discovered during the

23  course of activities conducted within the community colleges

24  shall be confidential and exempt from the provisions of s.

25  119.07(1), except that a community college shall make

26  available upon request the title and description of a project,

27  the name of the investigator, and the amount and source of

28  funding provided for such project.

29         (3)  A technology transfer center created under the

30  provisions of this section shall be under the supervision of

31  the board of trustees of that community college, which is


                                 576

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  authorized to appoint a director; to employ full-time and

 2  part-time staff, research personnel, and professional

 3  services; to employ on a part-time basis personnel of the

 4  community college; and to employ temporary employees whose

 5  salaries are paid entirely from the permanent technology

 6  transfer fund or from that fund in combination with other

 7  nonstate sources, with such positions being exempt from the

 8  requirements of the Florida Statutes relating to salaries,

 9  except that no such appointment shall be made for a total

10  period of longer than 1 year.

11         (4)  The board of trustees of the community college in

12  which a technology transfer center is created, or its

13  designee, may negotiate, enter into, and execute contracts;

14  solicit and accept grants and donations; and fix and collect

15  fees, other payments, and donations that may accrue by reason

16  thereof for technology transfer activities.  The board of

17  trustees or its designee may negotiate, enter into, and

18  execute contracts on a cost-reimbursement basis and may

19  provide temporary financing of such costs prior to

20  reimbursement from moneys on deposit in the technology

21  transfer fund, except as may be prohibited elsewhere by law.

22         (5)  A technology transfer center shall be financed

23  from the Academic Improvement Program or from moneys of a

24  community college which are on deposit or received for use in

25  the activities conducted in the center. Such moneys shall be

26  deposited by the community college in a permanent technology

27  transfer fund in a depository or depositories approved for the

28  deposit of state funds and shall be accounted for and

29  disbursed subject to audit by the Auditor General.

30         (6)  The fund balance in any existing research trust

31  fund of a community college at the time a technology transfer


                                 577

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  center is created shall be transferred to a permanent

 2  technology transfer fund established for the community

 3  college, and thereafter the fund balance of the technology

 4  transfer fund at the end of any fiscal period may be used

 5  during any succeeding period pursuant to this section.

 6         (7)  Moneys deposited in the permanent technology

 7  transfer fund of a community college shall be disbursed in

 8  accordance with the terms of the contract, grant, or donation

 9  under which they are received.  Moneys received for overhead

10  or indirect costs and other moneys not required for the

11  payment of direct costs shall be applied to the cost of

12  operating the technology transfer center.

13         (8)  All purchases of a technology transfer center

14  shall be made in accordance with the policies and procedures

15  of the community college.

16         (9)  The community college board of trustees may

17  authorize the construction, alteration, or remodeling of

18  buildings when the funds used are derived entirely from the

19  technology transfer fund of a community college or from that

20  fund in combination with other nonstate sources, provided that

21  such construction, alteration, or remodeling is for use

22  exclusively by the center. It also may authorize the

23  acquisition of real property when the cost is entirely from

24  said funds.  Title to all real property shall vest in the

25  board of trustees.

26         (10)  The State Board of Education may award grants to

27  community colleges, or consortia of public and private

28  colleges and universities and other public and private

29  entities, for the purpose of supporting the objectives of this

30  section. Grants awarded pursuant to this subsection shall be

31  


                                 578

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  in accordance with rules of the State Board of Education.

 2  Such rules shall include the following provisions:

 3         (a)  The number of centers established with state funds

 4  provided expressly for the purpose of technology transfer

 5  shall be limited, but shall be geographically located to

 6  maximize public access to center resources and services.

 7         (b)  Grants to centers funded with state revenues

 8  appropriated specifically for technology transfer activities

 9  shall be reviewed and approved by the State Board of Education

10  using proposal solicitation, evaluation, and selection

11  procedures established by the state board in consultation with

12  Enterprise Florida, Inc. Such procedures may include

13  designation of specific areas or applications of technology as

14  priorities for the receipt of funding.

15         (c)  Priority for the receipt of state funds

16  appropriated specifically for the purpose of technology

17  transfer shall be given to grant proposals developed jointly

18  by community colleges and public and private colleges and

19  universities.

20         (11)  Each technology transfer center established under

21  the provisions of this section shall establish a technology

22  transfer center advisory committee. Each committee shall

23  include representatives of a university or universities

24  conducting research in the area of specialty of the center.

25  Other members shall be determined by the community college

26  board of trustees.

27         Section 230.  Section 1004.79, Florida Statutes, is

28  created to read:

29         1004.79  Incubator facilities for small business

30  concerns.--

31  


                                 579

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (1)  Each community college established pursuant to s.

 2  1004.02(2) may provide incubator facilities to eligible small

 3  business concerns. As used in this section, "small business

 4  concern" shall be defined as an independently owned and

 5  operated business concern incorporated in Florida which is not

 6  an affiliate or a subsidiary of a business dominant in its

 7  field of operation, and which employs 25 or fewer full-time

 8  employees. "Incubator facility" shall be defined as a facility

 9  in which small business concerns share common space,

10  equipment, and support personnel and through which such

11  concerns have access to professional consultants for advice

12  related to the technical and business aspects of conducting a

13  commercial enterprise. The community college board of trustees

14  shall authorize concerns for inclusion in the incubator

15  facility.

16         (2)  Each community college that provides an incubator

17  facility shall provide the following:

18         (a)  Management and maintenance of the incubator

19  facility.

20         (b)  Secretarial and other support personnel,

21  equipment, and utilities.

22         (c)  Mechanisms to assist with the acquisition of

23  technical, management, and entrepreneurial expertise to

24  resident and other local small business concerns.

25         (3)  The incubator facility and any improvements to the

26  facility shall be owned or leased by the community college.

27  The community college may charge residents of the facility all

28  or part of the cost for facilities, utilities, and support

29  personnel and equipment.  No small business concern shall

30  reside in the incubator facility for more than 5 calendar

31  years.  The state shall not be liable for any act or failure


                                 580

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  to act of any small business concern residing in an incubator

 2  facility pursuant to this section or of any such concern

 3  benefiting from the incubator facilities program.

 4         (4)  Community colleges are encouraged to establish

 5  incubator facilities through which emerging small businesses

 6  supportive of spaceport endeavors and other high-technology

 7  enterprises may be served.

 8         (5)  Community colleges are encouraged to establish

 9  incubator facilities through which emerging small businesses

10  supportive of development of content and technology for

11  digital broadband media and digital broadcasting may be

12  served.

13         Section 231.  Section 1004.80, Florida Statutes, is

14  created to read:

15         1004.80  Economic development centers.--

16         (1)  Community colleges may establish economic

17  development centers for the purpose of serving as liaisons

18  between community colleges and the business sector.  The

19  responsibilities of each center shall include:

20         (a)  Promoting the economic well-being of businesses

21  and industries.

22         (b)  Coordinating, with chambers of commerce,

23  government agencies, district school boards, and other

24  organizations, efforts to provide educational programs which

25  promote economic development, including, but not limited to,

26  business incubators, industrial development and research

27  parks, industry recruitment efforts, publication of business

28  research and resource guides, and sponsorship of workshops,

29  conferences, seminars, and consultation services.

30         (2)  The board of trustees of a community college in

31  which an economic development center is created, or its


                                 581

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  designee, may negotiate, enter into, and execute contracts;

 2  solicit and accept grants and donations; and fix and collect

 3  fees, other payments, and donations that may accrue by reason

 4  of activities of the center and its staff.

 5         (3)  Economic development centers shall operate under

 6  policies and procedures established by the community college

 7  board of trustees.

 8         (4)  The State Board of Education may award grants to

 9  economic development centers for the purposes of this section.

10  Grants awarded pursuant to this subsection shall be in

11  accordance with rules established by the State Board of

12  Education.

13         Section 232.  Section 1004.81, Florida Statutes, is

14  created to read:

15         1004.81  Establishment of child development training

16  centers at community colleges.--

17         (1)  The Legislature recognizes the importance of

18  preschool developmental education and the need for adult

19  students with limited economic resources to have access to

20  high-quality, affordable child care at variable hours for

21  their children. It is therefore the intent of the Legislature

22  that community colleges provide high-quality, affordable child

23  care to the children of adult students enrolled in community

24  colleges. The primary purpose of these child development

25  training centers is to provide affordable child care for

26  children of adult students, particularly those who demonstrate

27  financial need, as well as for employees and staff of the

28  institution. Further, the child development training centers

29  are intended to provide both preschool instruction to the

30  children and clinical experiences for prospective child care

31  and early childhood instructional and administrative


                                 582

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  personnel. A secondary mission of the centers shall be to

 2  provide instruction in parenting skills for the clients of the

 3  center as well as for the community.

 4         (2)  In consultation with the student government

 5  association or a recognized student group representing the

 6  student body, a community college board of trustees may

 7  establish a child development training center in accordance

 8  with this section. Each child development training center

 9  shall be a child care center established to provide child care

10  during the day and at variable hours, including evenings and

11  weekends, for the children of students. Emphasis should be

12  placed on serving students who demonstrate financial need as

13  defined by the board of trustees. At least 50 percent of the

14  child care slots must be made available to students, and

15  financially needy students, as defined by the board of

16  trustees, shall receive child care slots first. The center may

17  serve the children of staff, employees, and faculty; however,

18  a designated number of child care slots shall not be allocated

19  for employees. Whenever possible, the center shall be located

20  on the campus of the community college. However, the board may

21  elect to provide child care services for students through

22  alternative mechanisms, which may include contracting with

23  private providers.

24         (3)  There shall be a board of directors of each child

25  development training center, consisting of the president or

26  his or her designee, the student government president or his

27  or her designee, the chair of the department participating in

28  the center or his or her designee, and one parent for each 25

29  children enrolled in the center, elected by the parents of the

30  children enrolled in the center. There shall be a director of

31  each center, selected by the board of directors of the center.


                                 583

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  The director shall be an ex officio, nonvoting member of the

 2  board. The board of trustees shall establish local policies

 3  and perform local oversight and operational guidance for the

 4  center.

 5         (4)  Each center may charge fees for the care and

 6  services it provides. Each board of trustees shall establish

 7  mechanisms to facilitate access to center services for

 8  students with financial need, which shall include a sliding

 9  fee scale and other methods adopted by the board of trustees

10  to reduce or defray payment of fees for students. The board of

11  trustees is authorized to seek and receive grants and other

12  resources to support the operation of the child development

13  center.

14         (5)  In addition to revenues derived from child care

15  fees charged to parents and other external resources, each

16  child development training center may be funded by a portion

17  of funds from the student activity and service fee authorized

18  by s. 1009.23(7) and the capital improvement fee authorized by

19  s. 1009.23(11). Community colleges are authorized to transfer

20  funds as necessary from the community college's general fund

21  to support the operation of the child development training

22  center.

23         (6)  This section does not preclude the continuation of

24  or in any way affect child care centers operated by community

25  colleges that were established by the district board of

26  trustees prior to July 1, 1994.

27         Section 233.  Part IV of chapter 1004, Florida

28  Statutes, shall be entitled "Workforce Development Education"

29  and shall consist of ss. 1004.91-1004.98.

30         Section 234.  Section 1004.91, Florida Statutes, is

31  created to read:


                                 584

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         1004.91  Vocational-preparatory instruction.--

 2         (1)  The State Board of Education shall adopt, by rule,

 3  standards of basic skill mastery for certificate technical

 4  education programs. Each school district and community college

 5  that conducts programs that confer technical credit shall

 6  provide vocational-preparatory instruction through which

 7  students receive the basic skills instruction required

 8  pursuant to this section.

 9         (2)  Students who enroll in a program offered for

10  technical credit of 450 hours or more shall complete an

11  entry-level examination within the first 6 weeks of admission

12  into the program.  The State Board of Education shall

13  designate examinations that are currently in existence, the

14  results of which are comparable across institutions, to assess

15  student mastery of basic skills. Any student found to lack the

16  required level of basic skills for such program shall be

17  referred to vocational-preparatory instruction or adult basic

18  education for a structured program of basic skills

19  instruction. Such instruction may include English for speakers

20  of other languages.  A student may not receive a technical

21  certificate of  completion without first demonstrating the

22  basic skills required in the state curriculum frameworks for

23  the program.

24         (3)  An adult student with a disability may be exempted

25  from the provisions of this section. A student who possesses a

26  college degree at the associate in applied science level or

27  higher is exempt from this section. A student who has

28  completed or who is exempt from the college-level

29  communication and computation skills examination pursuant to

30  s. 1008.29, or who is exempt from the college entry-level

31  examination pursuant to s. 1008.29 is exempt from the


                                 585

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  provisions of this section.  Students who have passed a state,

 2  national or industry licensure exam are exempt from this

 3  section.

 4         Section 235.  Section 1004.92, Florida Statutes, is

 5  created to read:

 6         1004.92  Purpose and responsibilities for career and

 7  technical education.--

 8         (1)  The purpose of career and technical education is

 9  to enable students who complete career and technical programs

10  to attain and sustain employment and realize economic

11  self-sufficiency.  The purpose of this section is to identify

12  issues related to career and technical education for which

13  school boards and community college boards of trustees are

14  accountable.  It is the intent of the Legislature that the

15  standards articulated in subsection (2) be considered in the

16  development of accountability standards for public schools

17  pursuant to ss. 1000.03, 1008.345, and 1001.42(16) and for

18  community colleges pursuant to s. 1008.45.

19         (2)  School board, superintendent, and technical

20  center, and community college board of trustees and president,

21  accountability for career and technical education programs

22  includes, but is not limited to:

23         1.  Student demonstration of the academic skills

24  necessary to enter an occupation.

25         2.  Student preparation to enter an occupation in an

26  entry-level position or continue postsecondary study.

27         3.  Career and technical program articulation with

28  other corresponding postsecondary programs and job training

29  experiences.

30  

31  


                                 586

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         4.  Employer satisfaction with the performance of

 2  students who complete career and technical education or reach

 3  occupational completion points.

 4         5.  Student completion, placement, and retention rates

 5  pursuant to s. 1008.43.

 6         (c)  Department of Education accountability for career

 7  and technical education includes, but is not limited to:

 8         1.  The provision of timely, accurate technical

 9  assistance to school districts and community colleges.

10         2.  The provision of timely, accurate information to

11  the State Board of Education, the Legislature, and the public.

12         3.  The development of policies, rules, and procedures

13  that facilitate institutional attainment of the accountability

14  standards and coordinate the efforts of all divisions within

15  the department.

16         4.  The development of program standards and

17  industry-driven benchmarks for career and technical, adult,

18  and community education programs, which must be updated every

19  3 years. The standards must include technical, academic, and

20  workplace skills; viability of distance learning for

21  instruction; and work/learn cycles that are responsive to

22  business and industry.

23         5.  Overseeing school district and community college

24  compliance with the provisions of this chapter.

25         6.  Ensuring that the educational outcomes for the

26  technical component of career and technical programs and are

27  uniform and designed to provide a graduate who is capable of

28  entering the workforce on an equally competitive basis

29  regardless of the institution of choice.

30         (3)  Each technical center operated by a district

31  school board shall establish a center advisory council


                                 587

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  pursuant to s. 1001.452.  The center advisory council shall

 2  assist in the preparation and evaluation of center improvement

 3  plans required pursuant to s. 1001.42(16) and may provide

 4  assistance, upon the request of the center director, in the

 5  preparation of the center's annual budget and plan as required

 6  by s. 1008.385(1).

 7         Section 236.  Section 1004.93, Florida Statutes, is

 8  created to read:

 9         1004.93  Adult general education.--

10         (1)(a)  The intent of this section is to encourage the

11  provision of educational services that will enable adults to

12  acquire:

13         1.  The basic skills necessary to attain basic and

14  functional literacy.

15         2.  A high school diploma or successfully complete the

16  general educational development test.

17         3.  An educational foundation that will enable them to

18  become more employable, productive, and self-sufficient

19  citizens.

20         (b)  It is further intended that educational

21  opportunities be available for adults who have earned a

22  diploma or high school equivalency diploma but who lack the

23  basic skills necessary to function effectively in everyday

24  situations, to enter the job market, or to enter technical

25  certificate instruction.

26         (2)  The adult education program must provide academic

27  services to students in the following priority:

28         (a)  Students who demonstrate skills at less than a

29  fifth grade level, as measured by tests approved for this

30  purpose by the State Board of Education, and who are studying

31  to achieve basic literacy.


                                 588

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  Students who demonstrate skills at the fifth grade

 2  level or higher, but below the ninth grade level, as measured

 3  by tests approved for this purpose by the State Board of

 4  Education, and who are studying to achieve functional

 5  literacy.

 6         (c)  Students who are earning credit required for a

 7  high school diploma or who are preparing for the general

 8  educational development test.

 9         (d)  Students who have earned high school diplomas and

10  require specific improvement in order to:

11         1.  Obtain or maintain employment or benefit from

12  certificate technical education programs;

13         2.  Pursue a postsecondary degree; or

14         3.  Develop competence in the English language to

15  qualify for employment.

16         (e)  Students who enroll in lifelong learning courses

17  or activities that seek to address community social and

18  economic issues that consist of health and human relations,

19  government, parenting, consumer economics, and senior

20  citizens.

21         (f)  Students who enroll in courses that relate to the

22  recreational or leisure pursuits of the students.  The cost of

23  courses conducted pursuant to this paragraph shall be borne by

24  the enrollees.

25         (3)(a)  Each district school board or community college

26  board of trustees shall negotiate with the regional workforce

27  board for basic and functional literacy skills assessments for

28  participants in the welfare transition employment and training

29  programs. Such assessments shall be conducted at a site

30  mutually acceptable to the district school board or community

31  college board of trustees and the regional workforce board.


                                 589

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  State employees who are employed in local or

 2  regional offices of state agencies shall inform clients of the

 3  availability of adult basic and secondary programs in the

 4  region. The identities of clients who do not possess high

 5  school diplomas or who demonstrate skills below the level of

 6  functional literacy shall be conveyed, with their consent, to

 7  the local school district or community college, or both.

 8         (c)  To the extent funds are available, the Department

 9  of Children and Family Services shall provide for day care and

10  transportation services to clients who enroll in adult basic

11  education programs.

12         (4)(a)  Adult general education shall be evaluated and

13  funded as provided in s. 1011.80.

14         (b)  Fees adult basic instruction are to be charged in

15  accordance with chapter 1009.

16         (c)  The State Board of Education shall define, by

17  rule, the levels and courses of instruction to be funded

18  through the college-preparatory program. The state board shall

19  coordinate the establishment of costs for college-preparatory

20  courses, the establishment of statewide standards that define

21  required levels of competence, acceptable rates of student

22  progress, and the maximum amount of time to be allowed for

23  completion of college-preparatory instruction.

24  College-preparatory instruction is part of an associate in

25  arts degree program and may not be funded as an adult and

26  technical education program.

27         (d)  Expenditures for college-preparatory and lifelong

28  learning students shall be reported separately. Allocations

29  for college-preparatory courses shall be based on proportional

30  full-time equivalent enrollment. Program review results shall

31  be included in the determination of subsequent allocations.  A


                                 590

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  student shall be funded to enroll in the same

 2  college-preparatory class within a skill area only twice,

 3  after which time the student shall pay 100 percent of the full

 4  cost of instruction to support the continuous enrollment of

 5  that student in the same class; however, students who withdraw

 6  or fail a class due to extenuating circumstances may be

 7  granted an exception only once for each class, provided

 8  approval is granted according to policy established by the

 9  board of trustees. Each community college shall have the

10  authority to review and reduce payment for increased fees due

11  to continued enrollment in a college-preparatory class on an

12  individual basis contingent upon the student's financial

13  hardship, pursuant to definitions and fee levels established

14  by the State Board of Education. College-preparatory and

15  lifelong learning courses do not generate credit toward an

16  associate or baccalaureate degree.

17         (e)  A district school board or a community college

18  board of trustees may negotiate a contract with the regional

19  workforce board for specialized services for participants in

20  the welfare transition program, beyond what is routinely

21  provided for the general public, to be funded by the regional

22  workforce board.

23         (5)  If students who have been determined to be adults

24  with disabilities are enrolled in workforce development

25  programs, the funding formula must provide additional

26  incentives for their achievement of performance outputs and

27  outcomes.

28         (6)  The commissioner shall recommend the level of

29  funding for public school and community college adult

30  education within the legislative budget request and make other

31  


                                 591

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  recommendations and reports considered necessary or required

 2  by rules of the State Board of Education.

 3         (7)  Buildings, land, equipment, and other property

 4  owned by a district school board or community college board of

 5  trustees may be used for the conduct of the adult education

 6  program.  Buildings, land, equipment, and other property owned

 7  or leased by cooperating public or private agencies,

 8  organizations, or institutions may also be used for the

 9  purposes of this section.

10         (8)  The State Board of Education may adopt rules

11  necessary for the implementation of this section.

12         Section 237.  Section 1004.94, Florida Statutes, is

13  created to read:

14         1004.94  Adult literacy.--

15         (1)(a)  An adult, individualized literacy instruction

16  program is created for adults who possess literacy skills

17  below the ninth grade level. The purpose of the program is to

18  provide self-paced, competency-based, individualized tutorial

19  instruction. The commissioner shall administer this section in

20  coordination with community college boards of trustees, local

21  school boards, and the Division of Library and Information

22  Services of the Department of State.

23         (b)  Local adult, individualized literacy instruction

24  programs may be coordinated with local public library systems

25  and with public or private nonprofit agencies, organizations,

26  or institutions.  A local public library system and a public

27  or private nonprofit agency, organization, or institution may

28  use funds appropriated for the purposes of this section to

29  hire program coordinators. Such coordinators shall offer

30  training activities to volunteer tutors and oversee the

31  operation of local literacy programs.  A local public library


                                 592

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  system and a public or private nonprofit agency, organization,

 2  or institution may also purchase student instructional

 3  materials and modules that instruct tutors in the teaching of

 4  basic and functional literacy and English for speakers of

 5  other languages.  To the extent funds are appropriated,

 6  cooperating local library systems shall purchase, and make

 7  available for loan, reading materials of high interest and

 8  with a vocabulary appropriate for use by students who possess

 9  literacy skills below the ninth grade level and students of

10  English for speakers of other languages.

11         (2)(a)  The adult literacy program is intended to

12  increase adult literacy as prescribed in the agency functional

13  plan of the Department of Education. The commissioner shall

14  establish guidelines for the purpose of determining

15  achievement of this goal.

16         (b)  Each participating local sponsor shall submit an

17  annual report to the commissioner which must contain

18  information to demonstrate the extent to which there has been

19  progress toward increasing the percentage of adults within the

20  service area who possess literacy skills.

21         (c)  Based on the information provided from the local

22  reports, the commissioner shall develop an annual status

23  report on literacy and adult education.

24         (3)  Funds appropriated for the purposes of this

25  section shall be allocated as grants for implementing adult

26  literacy programs.  Such funds may not be used to supplant

27  funds used for activities that would otherwise be conducted in

28  the absence of literacy funding.  A grant awarded pursuant to

29  this section may not exceed $50,000.  Priority for the use of

30  such funds shall be given to paying expenses related to the

31  instruction of volunteer tutors, including materials and the


                                 593

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  salary of the program coordinator.  Local sponsors may also

 2  accept funds from private sources for the purposes of this

 3  section.

 4         (4)(a)  The commissioner shall submit a state adult

 5  literacy plan to the State Board of Education to serve as a

 6  reference for district school boards and community colleges

 7  boards of trustees to increase adult literacy in their service

 8  areas as prescribed in the agency functional plan of the

 9  Department of Education.  The plan must include, at a minimum:

10         1.  Policies and objectives for adult literacy

11  programs, including evaluative criteria.

12         2.  Strategies for coordinating adult literacy

13  activities with programs and services provided by other state

14  and local nonprofit agencies, as well as strategies for

15  maximizing other funding, resources, and expertise.

16         3.  Procedures for identifying, recruiting, and

17  retaining adults who possess literacy skills below the ninth

18  grade level.

19         4.  Sources of relevant demographic information and

20  methods of projecting the number of adults who possess

21  literacy skills below the ninth grade level.

22         5.  Acceptable methods of demonstrating compliance with

23  the provisions of this section.

24         6.  Guidelines for the development and implementation

25  of local adult literacy plans.  At a minimum, such guidelines

26  must address:

27         a.  The recruitment and preparation of volunteer

28  tutors.

29         b.  Interagency and intraagency cooperation and

30  coordination, especially with public libraries and other

31  sponsors of literacy programs.


                                 594

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         c.  Desirable learning environments, including class

 2  size.

 3         d.  Program evaluation standards.

 4         e.  Methods for identifying, recruiting, and retaining

 5  adults in literacy programs.

 6         f.  Adult literacy through family literacy and

 7  workforce literacy programs.

 8         (b)  Every 3 years, the district school board or

 9  community college board of trustees shall develop and maintain

10  a local adult literacy plan.

11         Section 238.  Section 1004.95, Florida Statutes, is

12  created to read:

13         1004.95  Adult literacy centers.--

14         (1)  The Commissioner of Education shall select

15  community colleges and public school districts to establish

16  and operate adult literacy centers to complement existing

17  public and private instructional adult literacy programs. The

18  centers shall identify, contact, counsel, and refer persons

19  considered to be lacking basic or functional literacy skills

20  or competencies related to prose, document, and quantitative

21  literacy skills to the appropriate private and public

22  agencies, including human service agencies.  The centers may

23  not duplicate or supplant the existing services provided by

24  public and private agencies operating within the district.

25         (2)  In selecting program participants, the

26  Commissioner of Education shall, at a minimum, consider the

27  extent to which:

28         (a)  Cooperative arrangements with other state and

29  local agreements and innovative approaches will be used for

30  carrying out the role of the center;

31  


                                 595

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  Similar services are provided within the service

 2  delivery area;

 3         (c)  The program objectives may be accomplished within

 4  the budget request;

 5         (d)  Provisions are made for monitoring program

 6  performance; and

 7         (e)  Fiscal controls and fund accounting procedures

 8  exist to ensure proper use of, and accounting for, the program

 9  funds.

10         (3)  The activities and funding of center operations

11  shall be reported in a separate and distinct manner.

12         (4)  The State Board of Education shall develop rules

13  for implementing this section, including criteria for

14  evaluating the performance of the centers, and shall submit an

15  evaluation report of the centers to the Legislature on or

16  before February 1 of each year.

17         Section 239.  Section 1004.96, Florida Statutes, is

18  created to read:

19         1004.96  Community education.--

20         (1)  Pursuant to this section and State Board of

21  Education rule, each school board and the Board of Trustees

22  for the Florida School for the Deaf and Blind may apply to the

23  Department of Education for a community education grant.  An

24  applicant shall include in the grant application a description

25  of the community education program and process through which

26  the program is developed.

27         (2)  The department shall give priority to applications

28  that include:

29         (a)  Centers that serve the most students within

30  available resources.

31  


                                 596

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  Programs for which funds are matched by the

 2  Federal Government or other nonstate sources and which are

 3  appropriate within the context of community education.

 4         (c)  Programs that provide before-school and

 5  after-school activities for children.

 6         Section 240.  Section 1004.97, Florida Statutes, is

 7  created to read:

 8         1004.97  Florida Literacy Corps.--

 9         (1)  It is the intent of the Legislature that eligible

10  postsecondary students be offered an opportunity to perform

11  public service by serving as volunteer tutors for adults who

12  do not possess basic or functional literacy skills.

13         (2)  There is created a Florida Literacy Corps to be

14  administered by the Department of Education pursuant to this

15  section and rules of the State Board of Education.

16  Participating students earn college credit for tutoring adults

17  who do not possess basic or functional literacy skills

18  pursuant to an agreement between the institution in which the

19  student is enrolled and the district school board, community

20  college board of trustees, public library, or nonprofit

21  organization offering literacy instruction to adults pursuant

22  to s. 1004.94. The district school board, community college

23  board of trustees, public library, or nonprofit organization

24  is solely responsible for providing literacy programs and

25  instructing participating postsecondary students.

26         (3)  In order to be eligible to participate in the

27  Florida Literacy Corps, a student must:

28         (a)  Be enrolled in an eligible state university or

29  community college at least half time and be in good standing,

30  as defined by the institution.

31  


                                 597

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  Have completed at least 12 semester hours of

 2  college-level coursework that applies toward an associate in

 3  arts or baccalaureate degree.

 4         (c)  Have attained a passing score on one of the

 5  postsecondary entry-level examinations approved pursuant to

 6  State Board of Education rule, be exempt from the

 7  administration of such examination, or have successfully

 8  completed any required college-preparatory instruction.

 9         (4)  In order to be eligible to participate in the

10  Florida Literacy Corps, a state university or community

11  college must:

12         (a)  Establish one or more undergraduate or graduate

13  courses, or both, in which participating students may earn a

14  maximum of 3 credit hours per semester, and a maximum of 6

15  credit hours over two or more semesters, by tutoring adults

16  who do not possess basic or functional literacy skills.  The

17  institution shall establish such courses in the common course

18  designation and numbering system. The courses must require

19  students to complete instruction for prospective tutors, tutor

20  adults for at least 25 hours per semester for each hour of

21  credit awarded, and satisfy any other requirements imposed by

22  the institution.

23         (b)  Submit a proposal to the Department of Education

24  for review and approval. The proposal must include, but is not

25  limited to:

26         1.  Identification of the school district, community

27  college, public library, or nonprofit organization with which

28  participating students will be working.

29         2.  Demonstration of the need for literacy tutors by

30  the school district, community college, public library, or

31  nonprofit organization.


                                 598

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         3.  Demonstration of commitment by the public school,

 2  community college, public library, or nonprofit organization

 3  to provide instruction for tutors.

 4         4.  Description of the literacy program.

 5         5.  Demonstration of student interest in program

 6  participation.

 7         6.  Designation of one or more faculty to conduct the

 8  Florida Literacy Corps course and identification of the

 9  qualifications of such faculty.

10         (5)  From funds appropriated for the purposes of this

11  section, the department shall allocate an amount for each

12  approved proposal based on the number of students approved for

13  enrollment and subsequently enrolled in Florida Literacy Corps

14  courses.

15         (6)  Each participating state university and community

16  college shall submit an annual report to the Commissioner of

17  Education which includes, but is not limited to:

18         (a)  The number of hours of tutoring conducted by

19  participating students.

20         (b)  The number of students enrolled in the courses.

21         (c)  The number of students who successfully complete

22  the courses.

23         (d)  An evaluation of the tutors' effectiveness as

24  judged by the participating school district, community

25  college, public library, or nonprofit organization.  The

26  department shall develop a common evaluation form for this

27  purpose.

28         (e)  The number of full-time equivalent enrollments

29  generated by the participating students.

30  

31  


                                 599

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (7)  The department shall compile the annual reports

 2  into a single, annual programmatic report to be submitted to

 3  the State Board of Education by December 1 of each year.

 4         Section 241.  Section 1004.98, Florida Statutes, is

 5  created to read:

 6         1004.98  Workforce literacy programs.--

 7         (1)  The workforce literacy program is established

 8  within the community colleges and school districts to ensure

 9  the existence of sufficient numbers of employees who possess

10  the skills necessary to perform in entry-level occupations and

11  to adapt to technological advances in the workplace.

12  Workforce literacy programs are intended to support economic

13  development by increasing adult literacy and producing an

14  educated workforce.

15         (2)  Each community college and school district may

16  conduct courses and programs through which adults gain the

17  communication and computation skills necessary to complete a

18  career and technical program, to gain or maintain entry-level

19  employment, or to upgrade employment.  Courses may not be

20  conducted until the community college or school district

21  identifies current and prospective employees who do not

22  possess the skills necessary to enter career and technical

23  programs or to obtain or maintain employment.

24         (3)  A community college or school district may be

25  eligible to fund a workforce literacy program pursuant to the

26  provisions of s. 1004.94.

27         Section 242.  Chapter 1005, Florida Statutes, shall be

28  entitled "Nonpublic Postsecondary Education" and shall consist

29  of ss. 1005.01-1005.39.

30  

31  


                                 600

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 243.  Part I of chapter 1005, Florida Statutes,

 2  shall be entitled "General Provisions" and shall consist of

 3  ss. 1005.01-1005.06.

 4         Section 244.  Section 1005.01, Florida Statutes, is

 5  created to read:

 6         1005.01  Purpose.--

 7         (1)  The Legislature encourages privately supported

 8  higher education and intends to aid in protecting the health,

 9  education, and welfare of persons who receive educational

10  services from independent postsecondary educational

11  institutions in this state; to aid in protecting employers and

12  others who depend upon people whose educational credentials

13  are from independent postsecondary educational institutions in

14  this state; and to aid in protecting independent postsecondary

15  educational institutions that currently operate or intend to

16  begin operating in this state. The Legislature finds that both

17  individuals and independent postsecondary educational

18  institutions benefit from a state system that assures that all

19  institutions satisfactorily meet minimum educational

20  standards. The Legislature further recognizes the role of

21  federally recognized accrediting associations in setting

22  standards for independent postsecondary educational

23  institutions and encourages the use of recognized

24  accreditation standards as general guidelines for the

25  licensure of independent postsecondary educational

26  institutions.

27         (2)  The Legislature recognizes that a degree, diploma,

28  or other educational credential serves several purposes.

29  Employers rely upon a person's educational credentials in

30  judging that person's qualifications for employment. Educators

31  rely upon a person's educational credentials to assess the


                                 601

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  adequacy of that person's preparation for the pursuit of

 2  further education. Therefore, the Legislature intends that the

 3  provisions of this chapter aid in protecting the integrity of

 4  degrees, diplomas, and other educational credentials offered

 5  by independent postsecondary educational institutions by

 6  providing for the evaluation of minimum educational

 7  requirements.

 8         (3)  The Legislature intends to prohibit the granting

 9  of false or misleading educational credentials and to prohibit

10  misleading literature, advertising, solicitation, or

11  representations by independent postsecondary educational

12  institutions or their agents.

13         Section 245.  Section 1005.02, Florida Statutes, is

14  created to read:

15         1005.02  Definitions.--As used in this chapter, the

16  term:

17         (1)  "Accreditation" means accredited status awarded to

18  an institution by an accrediting agency or association that is

19  recognized by the United States Department of Education and

20  that has standards comparable to the minimum standards

21  required to operate an educational institution at that level

22  in this state.

23         (2)  "Agent" means a person who is employed by an

24  independent postsecondary educational institution under the

25  jurisdiction of the Commission for Independent Education, or

26  by an out-of-state independent postsecondary educational

27  institution, and who secures an application or accepts payment

28  of fees from prospective students for the institution at any

29  place other than the legal place of business of the

30  institution.

31  


                                 602

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (3)  "Avocational" means a course or program the

 2  objective of which is not occupational but is only for

 3  personal enrichment or enjoyment. To be classified as

 4  avocational, a program must:

 5         (a)  Prior to enrollment, provide to each enrollee, and

 6  maintain a record copy of, a written statement that includes

 7  the following or substantially similar language: "This program

 8  is not designed or intended to qualify its participants and

 9  graduates for employment. It is intended solely for the

10  avocation, personal enrichment, and enjoyment of its

11  participants."

12         (b)  Not make any other verbal or written statement

13  that negates the required written statement by stating or

14  implying that people who enroll in or complete the program

15  have a more substantial likelihood of obtaining employment in

16  the field to which the training pertains than people who do

17  not.

18         (4)  "College" or "university" means any incorporated

19  postsecondary educational entity, and its additional

20  locations, offering a substantially complete program that

21  confers or offers to confer at least an associate degree

22  requiring at least 15 semester hours or the equivalent of

23  general education, or that furnishes or offers to furnish

24  instruction leading toward, or prerequisite to, college

25  credit. The terms include any college-credit-granting

26  independent educational institution that is chartered in this

27  state and any center or branch campus within this state of an

28  out-of-state institution at the college-credit level.

29         (5)  "Commission" means the Commission for Independent

30  Education.

31  


                                 603

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (6)  "Contract training" means instruction or training

 2  provided through a written contract with an independent

 3  contractor whose fees and any other charges are entirely paid

 4  by a company, trade or professional association, or group of

 5  employers to provide the instruction exclusively to bona fide

 6  employees of the entity that engaged the contractor. The term

 7  applies only when those receiving training are selected by

 8  their employer and are not recruited by the contractor.

 9         (7)  "Degree" means any educational credential that is

10  generally taken to signify satisfactory completion of the

11  requirements of an undergraduate, graduate, academic,

12  educational, or professional program of study or any honorary

13  credential conferred for meritorious recognition. At the

14  undergraduate level, an institution may not award a degree for

15  a program unless it includes a general education component as

16  established by rule and at least 60 semester hours or 90

17  quarter hours of study or the equivalent.

18         (8)  "Diploma" means a credential that is not a degree

19  but is any of the following: a certificate, transcript,

20  report, document, or title; a designation, mark, or

21  appellation; or a series of letters, numbers, or words that

22  generally are taken to signify satisfactory completion of the

23  requirements of an educational, technical, or career program

24  of study or training or course of study.

25         (9)  "Examination preparation course" means a course or

26  program that does not offer to confer a diploma, that is

27  offered by a person or entity that discloses in all

28  advertising that the course or program is for test

29  preparation, and that does not include any expression or

30  implication in writing or orally regarding salaries, job

31  placement, or career advancement.


                                 604

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (10)  "Governmental" means an institution provided,

 2  operated, and supported by a federal, state, or county

 3  government or any of its political subdivisions.

 4         (11)  "Independent postsecondary educational

 5  institution" means any postsecondary educational institution

 6  that operates in this state or makes application to operate in

 7  this state, and is not provided, operated, and supported by

 8  the State of Florida, its political subdivisions, or the

 9  Federal Government.

10         (12)  "In-service, continuing education, or

11  professional development" means training provided by:

12         (a)  A trade or professional association or a group of

13  employers in the same or related business who offer training

14  and provide only professional-development programs to bona

15  fide employees or contractors of an employer who is a member

16  of the association or employers who qualify for membership;

17         (b)  A labor union or group of labor unions that offer

18  training to and trains only those persons who are dues-paying

19  members of the participating labor union;

20         (c)  An independent contractor engaged by the labor

21  union or group of labor unions, by written contract, to

22  provide the training on its behalf exclusively to those who

23  are selected by the labor union or group of labor unions that

24  engaged the contractor and who are dues-paying members of that

25  union; or

26         (d)  A person or entity offering only

27  continuing-education programs to persons who engage in an

28  occupation or profession whose practitioners are subject to

29  licensure, certification, or registration by a state agency

30  that recognizes the programs for continuing-education purposes

31  and provides a written statement of the recognition.


                                 605

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (13)  "License" means a certificate signifying that an

 2  independent postsecondary educational institution meets

 3  standards prescribed in statute or rule and is permitted to

 4  operate in this state.

 5         (14)  "Operating in this state" means any of the

 6  following:

 7         (a)  Maintaining for any purpose related to offering a

 8  degree, diploma, or credit a physical location in this state,

 9  a mailing address in this state, a telephone or facsimile

10  number in this state, or a mail forwarding service or

11  telephone answering or relay service in this state or

12  advertising any such presence; or

13         (b)  By any means or device, facilitating in this state

14  any part of a scheme to offer a degree, diploma, or credit, or

15  any activity connected with the administration, promotion,

16  recruitment, placement, instruction, fee collection or

17  receipt, or any other function of a purported independent

18  postsecondary educational institution, other than periodic and

19  customary contact with the institution's own alumni.

20         (15)  "Out-of-state college" or "out-of-state school"

21  means any independent postsecondary educational institution

22  where the place of instruction, the legal place of residence,

23  or the place of evaluation of instruction or work by

24  correspondence or distance education is not within the legal

25  boundaries of this state.

26         (16)  "School" means any nonpublic postsecondary

27  noncollegiate educational institution, association,

28  corporation, person, partnership, or organization of any type

29  which:

30         (a)  Offers to provide or provides any complete, or

31  substantially complete, postsecondary program of instruction


                                 606

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  through the student's personal attendance; in the presence of

 2  an instructor; in a classroom, clinical, or other practicum

 3  setting; or through correspondence or other distance

 4  education;

 5         (b)  Represents, directly or by implication, that the

 6  instruction will qualify the student for employment in an

 7  occupation for which a degree is not required in order to

 8  practice in this state;

 9         (c)  Receives remuneration from the student or any

10  other source based on the enrollment of a student or the

11  number of students enrolled; or

12         (d)  Offers to award or awards a diploma, regardless of

13  whether it conducts instruction or receives remuneration.

14         Section 246.  Section 1005.03, Florida Statutes, is

15  created to read:

16         1005.03  Designation "college" or "university".--

17         (1)  The use of the designation "college" or

18  "university" in combination with any series of letters,

19  numbers, or words is restricted in this state to colleges or

20  universities as defined in s. 1005.02 that offer degrees as

21  defined in s. 1005.02 and fall into at least one of the

22  following categories:

23         (a)  A Florida public college.

24         (b)  A Florida or out-of-state college that has been in

25  active operation and using the designation "college" or

26  "university" since April 1, 1970.

27         (c)  A college for which the commission has issued a

28  license pursuant to the provisions of this chapter.

29         (d)  A college that is under the jurisdiction of the

30  Division of Colleges and Universities of the Department of

31  Education, whose students are eligible for the William L.


                                 607

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Boyd, IV, Florida Resident Access Grant, and that is a

 2  nonprofit independent college or university located and

 3  chartered in this state and accredited by the Commission on

 4  Colleges of the Southern Association of Colleges and Schools

 5  to grant baccalaureate degrees.

 6         (e)  A college that meets the description of either s.

 7  1005.06(1)(e) or s. 1005.06(1)(f).

 8         (2)  If a college is approved under subsection (1) to

 9  use the designation "college" or "university," a branch or

10  extension of that college may use the name of the parent

11  college, but shall include an indication of the location of

12  the branch or extension.

13         (3)  Any entity offering postsecondary educational

14  courses or programs of study in Florida, whether or not

15  college credit is awarded, shall be subject to the provisions

16  of this section.

17         (4)  An entity shall not use the designation "college"

18  or "university" in its name in Florida without approval by the

19  commission, unless the commission determines that its name is

20  clearly and accurately descriptive of the services provided by

21  the entity and is not one that may mislead the public.

22         Section 247.  Section 1005.04, Florida Statutes, is

23  created to read:

24         1005.04  Fair consumer practices.--

25         (1)  Every institution that is under the jurisdiction

26  of the commission or is exempt from the jurisdiction or

27  purview of the commission pursuant to s. 1005.06(1)(c) or

28  (1)(f) and that either directly or indirectly solicits for

29  enrollment any student shall:

30         (a)  Disclose to each prospective student a statement

31  of the purpose of such institution, its educational programs


                                 608

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  and curricula, a description of its physical facilities, its

 2  status regarding licensure, its fee schedule and policies

 3  regarding retaining student fees if a student withdraws, and a

 4  statement regarding the transferability of credits to and from

 5  other institutions. The institution shall make the required

 6  disclosures in writing at least 1 week prior to enrollment or

 7  collection of any tuition from the prospective student. The

 8  required disclosures may be made in the institution's current

 9  catalog.

10         (b)  Use a reliable method to assess, before accepting

11  a student into a program, the student's ability to complete

12  successfully the course of study for which he or she has

13  applied;

14         (c)  Inform each student accurately about financial

15  assistance and obligations for repayment of loans; describe

16  any employment placement services provided and the limitations

17  thereof; and refrain from promising or implying guaranteed

18  placement, market availability, or salary amounts;

19         (d)  Provide to prospective and enrolled students

20  accurate information regarding the relationship of its

21  programs to state licensure requirements for practicing

22  related occupations and professions in Florida;

23         (e)  Ensure that all advertisements are accurate and

24  not misleading;

25         (f)  Publish and follow an equitable prorated refund

26  policy for all students, and follow both the federal refund

27  guidelines for students receiving federal financial assistance

28  and the minimum refund guidelines set by commission rule;

29         (g)  Follow the requirements of state and federal laws

30  that require annual reporting with respect to crime statistics

31  


                                 609

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  and physical plant safety and make those reports available to

 2  the public; and

 3         (h)  Publish and follow procedures for handling student

 4  complaints, disciplinary actions, and appeals.

 5         (2)  In addition, institutions that are required to be

 6  licensed by the commission shall disclose to prospective

 7  students that additional information regarding the institution

 8  may be obtained by contacting the Commission for Independent

 9  Education, Department of Education, Tallahassee.

10         Section 248.  Section 1005.05, Florida Statutes, is

11  created to read:

12         1005.05  Certificate and diploma programs.--No

13  nonpublic college shall continue to conduct or begin to

14  conduct any diploma program as defined in s. 1005.02, unless

15  the college applies for and obtains approval for such program.

16  Colleges under the jurisdiction of the Commission for

17  Independent Education shall apply to the commission.  Colleges

18  that are not under the jurisdiction of the commission shall

19  apply to the Department of Education.

20         Section 249.  Section 1005.06, Florida Statutes, is

21  created to read:

22         1005.06  Institutions not under the jurisdiction or

23  purview of the commission.--

24         (1)  Except as otherwise provided in law, the following

25  institutions are not under the jurisdiction or purview of the

26  commission and are not required to obtain licensure:

27         (a)  Any postsecondary educational institution

28  provided, operated, or supported by this state, its political

29  subdivisions, or the Federal Government.

30         (b)  Any college, school, or course licensed or

31  approved for establishment and operation under part I of


                                 610

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  chapter 464, chapter 466, or chapter 475, or any other chapter

 2  of the Florida Statutes requiring licensing or approval as

 3  defined in this chapter.

 4         (c)  Any institution that is under the jurisdiction of

 5  the Division of Colleges and Universities of the Department of

 6  Education, whose students are eligible for the William L.

 7  Boyd, IV, Florida Resident Access Grant, and that is a

 8  nonprofit independent college or university located and

 9  chartered in this state and accredited by the Commission on

10  Colleges of the Southern Association of Colleges and Schools

11  to grant baccalaureate degrees.

12         (d)  Any institution that offers only avocational

13  programs or courses, examination preparation programs or

14  courses, contract training programs or courses, continuing

15  education, or professional development programs or courses.

16         (e)  Any institution that was exempt from licensure in

17  2001 under s. 246.085(1)(b), Florida Statutes 2001, as long as

18  it maintains these qualifying criteria: the institution is

19  incorporated in this state, the institution's credits or

20  degrees are accepted for credit by at least three colleges

21  that are fully accredited by an agency recognized by the

22  United States Department of Education, the institution was

23  exempt under that category prior to July 1, 1982, and the

24  institution does not enroll any students who receive state or

25  federal financial aid for education. Such an institution shall

26  notify the commission and apply for licensure if it no longer

27  meets these criteria.

28         (f)  A religious college may operate without

29  governmental oversight if the college annually verifies by

30  sworn affidavit to the commission that:

31  


                                 611

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         1.  The name of the institution includes a religious

 2  modifier or the name of a religious patriarch, saint, person,

 3  or symbol of the church.

 4         2.  The institution offers only educational programs

 5  that prepare students for religious vocations as ministers,

 6  professionals, or laypersons in the categories of ministry,

 7  counseling, theology, education, administration, music, fine

 8  arts, media communications, or social work.

 9         3.  The titles of degrees issued by the institution

10  cannot be confused with secular degree titles. For this

11  purpose, each degree title must include a religious modifier

12  that immediately precedes, or is included within, any of the

13  following degrees: Associate of Arts, Associate of Science,

14  Bachelor of Arts, Bachelor of Science, Master of Arts, Master

15  of Science, Doctor of Philosophy, and Doctor of Education. The

16  religious modifier must be placed on the title line of the

17  degree, on the transcript, and whenever the title of the

18  degree appears in official school documents or publications.

19         4.  The duration of all degree programs offered by the

20  institution is consistent with the standards of the

21  commission.

22         5.  The institution's consumer practices are consistent

23  with those required by s. 1005.04.

24  

25  The commission may provide such a religious institution a

26  letter stating that the institution has met the requirements

27  of state law and is not subject to governmental oversight.

28         (g)  Any institution that is regulated by the Federal

29  Aviation Administration, another agency of the Federal

30  Government, or an agency of the state whose regulatory laws

31  are similar in nature and purpose to those of the commission


                                 612

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  and require minimum educational standards, for at least

 2  curriculum, instructors, and academic progress and provide

 3  protection against fraudulent, deceptive, and substandard

 4  education practices.

 5         (2)  The Department of Education may contract with the

 6  Commission on Independent Education to provide services for

 7  independent postsecondary educational institutions not under

 8  the jurisdiction of the commission relating to licensure of

 9  postsecondary technical certificate and diploma programs that

10  such institutions may wish to offer and preliminary review of

11  programs such institutions may wish to offer which are beyond

12  the scope of the institutions's current accreditation status.

13  Upon completion of its review, the commission shall forward

14  its recommendation to the department for final action.  The

15  department shall assess the institution seeking such services

16  the cost to the commission of providing such services.

17  Revenues collected pursuant to this provision shall be

18  deposited in the Institutional Assessment Trust Fund.

19         Section 250.  Part II of chapter 1005, Florida

20  Statutes, shall be entitled "Commission for Independent

21  Education" and shall consist of ss. 1005.21-1005.22.

22         Section 251.  Section 1005.21, Florida Statutes, is

23  created to read:

24         1005.21  Commission for Independent Education.--

25         (1)  There is established in the Department of

26  Education the Commission for Independent Education. The

27  department shall serve as the administrative agent of the

28  commission by providing services, including payroll,

29  procurement, and legal counsel. The commission shall exercise

30  independently all powers, duties, and functions prescribed by

31  law. The commission shall authorize the granting of diplomas


                                 613

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  and degrees by any independent postsecondary educational

 2  institution under its jurisdiction.

 3         (2)  The Commission for Independent Education shall

 4  consist of seven members who are residents of this state. The

 5  commission shall function in matters concerning independent

 6  postsecondary educational institutions in consumer protection,

 7  program improvement, and licensure for institutions under its

 8  purview. The Governor shall appoint the members of the

 9  commission who are subject to confirmation by the Senate. The

10  membership of the commission shall consist of:

11         (a)  Two representatives of independent colleges or

12  universities licensed by the commission.

13         (b)  Two representatives of independent,

14  nondegree-granting schools licensed by the commission.

15         (c)  One member from a public school district or

16  community college who is an administrator of career and

17  technical education.

18         (d)  One representative of a college that meets the

19  criteria of s. 1005.06(1)(f).

20         (e)  One lay member who is not affiliated with an

21  independent postsecondary educational institution.

22         (3)  The members of the commission shall be appointed

23  to 3-year terms and until their successors are appointed and

24  qualified. If a vacancy on the commission occurs before the

25  expiration of a term, the Governor shall appoint a successor

26  to serve the unexpired portion of the term.

27         (4)  The commission shall meet at least four times each

28  fiscal year.

29         (5)  Members of the commission are entitled to

30  reimbursement for travel and per diem expenses, as provided in

31  s. 112.061, while performing their duties.


                                 614

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (6)  Each member is accountable to the Governor for the

 2  proper performance of the duties of his or her office. The

 3  Governor may remove from office any member for cause.

 4         Section 252.  Section 1005.22, Florida Statutes, is

 5  created to read:

 6         1005.22  Powers and duties of commission.--

 7         (1)  The commission shall:

 8         (a)  Hold meetings as necessary to administer its

 9  duties.

10         (b)  Annually select a chairperson and a vice

11  chairperson, appoint and review an executive director, and

12  authorize the executive director to appoint employees of the

13  commission.

14         (c)  Adopt and use an official seal in the

15  authentication of its acts.

16         (d)  Make rules for its own governance.

17         (e)  Administer the provisions of this chapter. To this

18  end, the commission has the following administrative powers

19  and responsibilities:

20         1.  The commission shall adopt rules pursuant to ss.

21  120.536(1) and 120.54 for the operation and establishment of

22  independent postsecondary educational institutions. The

23  commission shall submit the rules to the State Board of

24  Education for approval or disapproval. If the state board does

25  not act on a rule within 60 days after receiving it, the rule

26  shall be filed immediately with the Department of State.

27         2.  The commission shall submit an annual budget to the

28  State Board of Education.

29         3.  The commission shall transmit all fees, donations,

30  and other receipts of money to the Institutional Assessment

31  Trust Fund.


                                 615

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         4.  The commission shall expend funds as necessary to

 2  assist in the application and enforcement of its powers and

 3  duties. The Chief Financial Officer shall pay out all moneys

 4  and funds as directed under this chapter upon vouchers

 5  approved by the Department of Education for all lawful

 6  purposes necessary to administering this chapter. The

 7  commission shall make annual reports to the State Board of

 8  Education showing in detail amounts received and all

 9  expenditures. The commission shall include in its annual

10  report to the State Board of Education a statement of its

11  major activities during the period covered by the report.

12         (f)  Maintain a record of its proceedings.

13         (g)  Cooperate with other state and federal agencies

14  and other nongovernmental agencies in administering its

15  duties.

16         (h)  Cause to be investigated criminal justice

17  information, as defined in s. 943.045, for each owner,

18  administrator, and agent employed by an institution applying

19  for licensure from the commission.

20         (i)  Serve as a central agency for collecting and

21  distributing current information regarding institutions

22  licensed by the commission.

23         (j)  Inform independent postsecondary educational

24  institutions of laws adopted by the Legislature and rules

25  adopted by the State Board of Education and the commission and

26  of their responsibility to follow those laws and rules.

27         (k)  Establish and publicize the procedures for

28  receiving and responding to complaints from students, faculty,

29  and others concerning institutions or programs under the

30  purview of the commission, and keep records of such complaints

31  


                                 616

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  in order to determine the frequency and nature of complaints

 2  with respect to specific institutions of higher education.

 3         (l)  Provide annually to the Office of Student

 4  Financial Assistance of the Department of Education

 5  information and documentation that can be used to determine an

 6  institution's eligibility to participate in state student

 7  financial assistance programs.

 8         (m)  Coordinate and convey annual reports to the

 9  Commissioner of Education relating to campus crime statistics,

10  the assessment of physical plant safety, and the antihazing

11  policies of nonpublic postsecondary educational institutions

12  eligible to receive state-funded student assistance, as

13  required by law.

14         (n)  Identify and report to the Office of Student

15  Financial Assistance the accrediting associations recognized

16  by the United States Department of Education which have

17  standards that are comparable to the minimum standards

18  required to operate an institution at that level in this

19  state.

20         (o)  Assure that an institution is not required to

21  operate without a current license because of the schedule of

22  commission meetings or application procedures, if the

23  institution has met the commission's requirements for

24  licensure or license renewal.

25         (2)  The commission may:

26         (a)  Sue or be sued.

27         (b)  Enter into contracts with the Federal Government,

28  with other departments of the state, or with individuals.

29         (c)  Receive bequests and gifts, subject to any

30  restrictions upon which the commission and the donor agree.

31  


                                 617

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (d)  Appoint standing or special committees to assist

 2  it in carrying out its responsibilities. Committees may

 3  include members who are not commission members or

 4  representatives of licensed postsecondary institutions.

 5         (e)  Advise the Governor, the Legislature, the State

 6  Board of Education, the Council for Education Policy Research

 7  and Improvement, and the Commissioner of Education on issues

 8  relating to private postsecondary education.

 9         (f)  Delegate to the chairperson of the commission the

10  responsibility for signing final orders.

11         (g)  Assist independent postsecondary educational

12  institutions in formulating articulation agreements with

13  public and other independent institutions.

14         (h)  Establish and operate additional offices in the

15  central and southern part of the state if the concentration of

16  licensed institutions renders such an office economically

17  feasible.

18         (i)  Establish and administer the Student Protection

19  Fund pursuant to s. 1005.37.

20         Section 253.  Part III of chapter 1005, Florida

21  Statutes, shall be entitled "Licensure of Nonpublic

22  Postsecondary Educational Institutions" and shall consist of

23  ss. 1005.31-1005.39.

24         Section 254.  Section 1005.31, Florida Statutes, is

25  created to read:

26         1005.31  Licensure of institutions.--

27         (1)  Each college or school operating within this state

28  must obtain licensure from the commission unless the

29  institution is not under the commission's purview or

30  jurisdiction as provided in s. 1005.06.

31  


                                 618

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (2)  The commission shall develop minimum standards by

 2  which to evaluate institutions for licensure. These standards

 3  must include at least the institution's name, financial

 4  stability, purpose, administrative organization, admissions

 5  and recruitment, educational programs and curricula,

 6  retention, completion, career placement, faculty, learning

 7  resources, student personnel services, physical plant and

 8  facilities, publications, and disclosure statements about the

 9  status of the institution with respect to professional

10  certification and licensure. The commission may adopt rules to

11  ensure that institutions licensed under this section meet

12  these standards in ways that are appropriate to achieve the

13  stated intent of this chapter, including provisions for

14  nontraditional or distance education programs and delivery.

15         (3)  The commission shall recognize an institution

16  based on the institution's highest educational offering and

17  shall adopt rules for licensure that include reporting

18  requirements for each level of licensure.

19         (4)  Approved-applicant status shall be extended to all

20  institutions that have submitted a complete application, as

21  defined in rule, for provisional licensure and paid all

22  attendant fees. In granting approved-applicant status, the

23  commission shall provide to commission staff and the

24  institution a list of specific omissions or deficiencies.

25  Institutions granted approved-applicant status may not

26  advertise, offer programs of study, collect tuition or fees,

27  or engage in any other activities not specifically approved by

28  the commission. If the commission, or the commission staff if

29  specifically directed by the commission, determines that the

30  omissions or deficiencies have been provided for or corrected,

31  the institution may be awarded a provisional license.


                                 619

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (5)  Provisional licensure shall be granted to an

 2  applicant for initial licensure for a period not to exceed 1

 3  year when the commission determines that the applicant is in

 4  substantial compliance with the standards for licensure. A

 5  provisional license granted for initial licensure may be

 6  extended for up to 1 additional year. A licensed institution

 7  that has undergone a substantive change, as defined by rule,

 8  must be granted a provisional license for a period of time

 9  determined by the commission, after which period the

10  institution may apply for a different status. A provisional

11  license may include conditions required by the commission, and

12  all conditions must be met before the institution may receive

13  a different licensure status.

14         (6)  An annual license shall be granted to an

15  institution holding a provisional license, or seeking a

16  renewal of an annual license, upon demonstrating full

17  compliance with licensure standards. An annual license may be

18  extended for up to 1 year if the institution meets the

19  requirements set by rule for such an extension.

20         (7)  An institution may not conduct a program unless

21  specific authority is granted in its license.

22         (8)  A license granted by the commission is not

23  transferable to another institution or to another agent, and

24  an institution's license does not transfer when the

25  institution's ownership changes.

26         (a)  A licensed institution must notify the commission

27  prior to a change of ownership or control. The commission

28  shall adopt procedures for interim executive approval of a

29  change of ownership or control if the next scheduled meeting

30  of the commission occurs after the scheduled date of the

31  change of ownership or control.


                                 620

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  The commission may adopt rules governing changes

 2  of ownership or control.

 3         (9)  An independent postsecondary educational

 4  institution or any person acting on behalf of such an

 5  institution may not publish any advertisement soliciting

 6  students or offering a credential before the institution is

 7  duly licensed by the commission or while the institution is

 8  under an injunction against operating, soliciting students, or

 9  offering an educational credential.

10         (10)  The commission shall establish minimum standards

11  for the approval of agents. The commission may adopt rules to

12  ensure that licensed agents meet these standards and uphold

13  the intent of this chapter. An agent may not solicit

14  prospective students in this state for enrollment in any

15  independent postsecondary educational institution under the

16  commission's purview or in any out-of-state independent

17  postsecondary educational institution unless the agent has

18  received a license as prescribed by the commission.

19         (11)  A student of a foreign medical school may not

20  engage in a clinical clerkship in this state unless the

21  foreign medical school has received a license, in the case of

22  a core clerkship or an ongoing regular program of clerkships,

23  or has received individual approval, in the case of an

24  occasional elective clerkship. The commission may adopt rules

25  to administer this subsection.

26         (12)  The granting of a license is not an

27  accreditation.

28         (13)  As a condition of licensure, an independent

29  college or university must provide the commission with a copy

30  of its antihazing policy.

31  


                                 621

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 255.  Section 1005.32, Florida Statutes, is

 2  created to read:

 3         1005.32  Licensure by means of accreditation.--

 4         (1)  An independent postsecondary educational

 5  institution that meets the following criteria may apply for a

 6  license by means of accreditation from the commission:

 7         (a)  The institution has operated legally in this state

 8  for at least 5 consecutive years.

 9         (b)  The institution holds institutional accreditation

10  by an accrediting agency evaluated and approved by the

11  commission as having standards substantially equivalent to the

12  commission's licensure standards.

13         (c)  The institution has no unresolved complaints or

14  actions in the past 12 months.

15         (d)  The institution meets minimum requirements for

16  financial responsibility as determined by the commission.

17         (e)  The institution is a Florida corporation.

18         (2)  An institution that was exempt from licensure in

19  2001 under s. 246.085(1)(a), Florida Statutes 2001, may retain

20  an exemption until the commission issues it a license by means

21  of accreditation as provided in this section.

22         (3)  The commission may not require an institution

23  granted a license by means of accreditation to submit reports

24  that differ from the reports required by its accrediting

25  association, except that each institution must file with the

26  commission an annual audit report and follow the commission's

27  requirements for orderly closing, including provisions for

28  trainout or refunds and arranging for the proper disposition

29  of student and institutional records.

30         (4)  An institution granted a license by means of

31  accreditation must apply for and receive another level of


                                 622

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  licensure before the institution may offer courses or programs

 2  that exceed the scope or level of its accreditation.

 3         (5)  Institutions granted a license by means of

 4  accreditation must comply with the standards of fair consumer

 5  practices as established in rule by the commission.

 6         (6)  A license by means of accreditation is valid for

 7  the same period as the qualifying grant of accreditation.

 8         (7)  A license by means of accreditation may be denied,

 9  placed on probation, or revoked for repeated failure to comply

10  with the requirements of this section. The commission shall

11  adopt rules for these actions. Revocation or denial of a

12  license by means of accreditation requires that the

13  institution immediately obtain an annual license.

14         Section 256.  Section 1005.33, Florida Statutes, is

15  created to read:

16         1005.33  License period and renewal.--

17         (1)  As required by rule, the commission shall

18  periodically review each license to determine if the

19  institution is in compliance with this chapter and should have

20  its license renewed. The commission may extend an annual or

21  provisional license if a good-faith effort has been made by

22  the institution and agent. The commission shall determine what

23  constitutes compliance or a good-faith effort and may adopt

24  rules to administer this section.

25         (2)  A licensed independent postsecondary educational

26  institution that seeks to expand or modify its programs or

27  degrees to be conferred or to add new locations must seek

28  prior approval from the commission. The commission shall adopt

29  rules for the approval of modified or additional programs,

30  degrees, and locations.

31  


                                 623

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (3)  On the effective date of this act, an institution

 2  that, in 2002, held the status of "Permission to Operate"

 3  under s. 246.093, Florida Statutes 2001, has 90 days to seek

 4  and obtain licensure from the commission. Ninety days after

 5  this act takes effect, that status no longer authorizes an

 6  institution to operate in Florida.

 7         Section 257.  Section 1005.34, Florida Statutes, is

 8  created to read:

 9         1005.34  Fair consumer practices; condition of

10  operation.--The commission shall adopt rules to ensure the

11  protection of students, including rules establishing fair

12  consumer practices pursuant to s. 1005.04.

13         (1)  The commission may not grant or renew a license

14  unless the institution seeking the action provides the

15  commission with a sworn statement of compliance with rules

16  regarding fair consumer practices.

17         (2)  The commission may examine any complaint against

18  an institution under its jurisdiction and, if the institution

19  is found to be routinely handling these matters correctly, the

20  complaint shall be considered closed. Complaints under this

21  subsection against accredited institutions, if not resolved,

22  shall be forwarded to the accrediting agency for any

23  appropriate action. The institution shall notify the

24  commission of any and all actions taken by the accrediting

25  agency in response to the complaint.

26         (3)  Failure to comply with this section is cause for

27  denial or revocation of a license.

28         Section 258.  Section 1005.35, Florida Statutes, is

29  created to read:

30         1005.35  Fees.--

31  


                                 624

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (1)  The Commission for Independent Education shall

 2  annually establish a fee schedule to generate, from fees, the

 3  amount of revenue appropriated for its operation.

 4         (2)  The commission shall include, as a part of its

 5  legislative budget request, a proposed fee schedule to

 6  generate the appropriated fee revenue required in the General

 7  Appropriations Act. The commission may adjust the fee amounts

 8  to generate the fee revenue required in the General

 9  Appropriations Act but may not add fee categories without the

10  Legislature's approval. The fee schedule proposed in the

11  legislative budget request takes effect unless the Legislature

12  requires changes.

13         (3)  The commission shall charge each licensed

14  institution a base fee to cover the cost of routine services,

15  such as data collection and dissemination. The base fee may be

16  higher for institutions with a large enrollment but may not

17  exceed one-half of 1 percent of the amount appropriated for

18  the commission.

19         (4)  The commission shall assess workload fees to

20  institutions for specific services that relate to:

21         (a)  Licensure.

22         (b)  Annual reviews.

23         (c)  Special reviews.

24         (d)  Site visits.

25         (e)  Resolution of complaints.

26         (f)  Approval to use the term "college" or

27  "university."

28         (g)  Participation in the Student Protection Fund

29  established pursuant to s. 1005.37.

30         (h)  Other workload activities as allowed by law.

31  


                                 625

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (5)  The commission may assess late fees for an

 2  institution's failure to timely submit required materials.

 3         (6)  All fees shall be submitted through the Department

 4  of Education to the Chief Financial Officer, to be deposited

 5  in the Institutional Assessment Trust Fund.

 6         (7)  All fees authorized in this section are

 7  administrative fees and are not refundable unless paid in

 8  error. The commission may deduct from an institution's future

 9  fee collection any unintentional overpayment.

10         Section 259.  Section 1005.36, Florida Statutes, is

11  created to read:

12         1005.36  Institutional closings.--

13         (1)  The Legislature intends to protect students and

14  the independent sector of postsecondary education from the

15  detriment caused by licensed institutions that cease operation

16  without providing for the proper completion of student

17  training or for the appropriate refund of student fees. To

18  serve this intention, the Commission for Independent Education

19  may prevent the operation in this state of a licensed

20  independent postsecondary educational institution by an owner

21  who has unlawfully closed another institution and the

22  commission may exercise control over student records upon

23  closure of a licensed institution if the institution does not

24  provide an orderly closure.

25         (2)  At least 30 days prior to closing an institution,

26  its owners, directors, or administrators shall notify the

27  commission in writing of the closure of the institution. The

28  owners, directors, and administrators must organize an orderly

29  closure of the institution, which means at least providing for

30  the completion of training of its students. The commission

31  must approve any such plan. An owner, director, or


                                 626

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  administrator who fails to notify the commission at least 30

 2  days prior to the institution's closure, or who fails to

 3  organize the orderly closure of the institution and the

 4  trainout of the students, commits a misdemeanor of the second

 5  degree, punishable as provided in s. 775.082 or s. 775.083.

 6         (3)  If the commission finds that an institution has

 7  ceased operating without providing for the proper access to

 8  student records, the commission may require the institution to

 9  convey all student records to the commission office or to

10  another location designated by the commission or its staff.

11  The commission shall make copies of records available to

12  bankruptcy trustees upon request and to the student or those

13  designated by the student. Confidentiality of the records

14  shall be maintained to the extent required by law. The

15  commission may seek civil penalties not to exceed $10,000 from

16  any owner, director, or administrator of an institution who

17  knowingly destroys, abandons, or fails to convey or provide

18  for the safekeeping of institutional and student records. The

19  commission may use moneys in the Student Protection Fund to

20  facilitate the retrieval or safekeeping of records from an

21  institution that has closed.

22         (4)  The commission may refer matters it deems

23  appropriate to the Department of Legal Affairs or the state

24  attorney for investigation and prosecution.

25         Section 260.  Section 1005.37, Florida Statutes, is

26  created to read:

27         1005.37  Student Protection Fund.--

28         (1)  The commission shall establish and administer a

29  statewide, fee-supported financial program through which funds

30  will be available to complete the training of a student who

31  enrolls in a nonpublic school that terminates a program or


                                 627

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  ceases operation before the student has completed his or her

 2  program of study. The financial program is named the Student

 3  Protection Fund.

 4         (2)  The commission is authorized to assess a fee from

 5  the schools within its jurisdiction for such purpose. The

 6  commission shall assess a licensed school an additional fee

 7  for its eligibility for the Student Protection Fund.

 8         (3)  If a licensed school terminates a program before

 9  all students complete it, the commission shall also assess

10  that school a fee adequate to pay the full cost to the Student

11  Protection Fund of completing the training of students.

12         (4)  The fund shall consist entirely of fees assessed

13  to licensed schools and shall not be funded under any

14  circumstances by public funds, nor shall the commission make

15  payments or be obligated to make payments in excess of the

16  assessments actually received from licensed schools and

17  deposited in the Institutional Assessment Trust Fund to the

18  credit of the Student Protection Fund.

19         (5)  At each commission meeting, the commission shall

20  consider the need for and shall make required assessments,

21  shall review the collection status of unpaid assessments and

22  take all necessary steps to collect them, and shall review all

23  moneys in the fund and expenses incurred since the last

24  reporting period. This review must include administrative

25  expenses, moneys received, and payments made to students or to

26  lending institutions.

27         (6)  Staff of the commission must immediately inform

28  the commission upon learning of the closing of a licensed

29  school or the termination of a program that could expose the

30  fund to liability.

31  


                                 628

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (7)  The Student Protection Fund must be actuarially

 2  sound, periodically audited by the Auditor General in

 3  connection with his or her audit of the Department of

 4  Education, and reviewed to determine if additional fees must

 5  be charged to schools eligible to participate in the fund.

 6         Section 261.  Section 1005.38, Florida Statutes, is

 7  created to read:

 8         1005.38  Actions against a licensee and other

 9  penalties.--

10         (1)  The commission may deny, place on probation, or

11  revoke any provisional license, annual license, licence by

12  means of accreditation, agent's license, or other

13  authorization required by this chapter. The commission shall

14  adopt rules for taking these actions. The commission may

15  impose an administrative fine of not more than $5,000 if an

16  institution is on probation for a period under conditions that

17  require oversight by the commission or its staff. The fine

18  shall be deposited into the Institutional Assessment Trust

19  Fund.

20         (2)  The commission may conduct an investigation to

21  determine if an applicant for a new institutional license, or

22  the owners, directors, or administrators of the institution,

23  previously closed an institution, failed to arrange for

24  completion of student training or issue appropriate refunds,

25  or had its license to operate an institution revoked or denied

26  in this state or in another state or jurisdiction.

27         (3)  Any person who has been convicted of, or entered a

28  plea of guilty or nolo contendere to, a crime that relates to

29  the unlawful operation or management of an institution is

30  ineligible to own, operate, manage, or be a registered agent

31  for a licensed institution in this state, and may not be a


                                 629

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  director or an officer in a corporation that owns or operates

 2  a licensed institution. Such a person may not operate or serve

 3  in a management or supervisory position in a licensed

 4  institution.

 5         (4)  The commission may deny an application for any

 6  operating status if the commission determines that the

 7  applicant or its owners, officers, directors, or

 8  administrators were previously operating an institution in

 9  this state or in another state or jurisdiction in a manner

10  contrary to the health, education, or welfare of the public.

11  The commission may consider factors such as the previous

12  denial or revocation of an institutional license; prior

13  criminal or civil administrative proceedings regarding the

14  operation and management of an institution; other types of

15  criminal proceedings involving fraud, deceit, dishonesty, or

16  moral turpitude; failure of the institution to be properly

17  closed, including completing the training or providing for the

18  trainout of its students; and failure to issue appropriate

19  refunds. The commission may require an applicant or its

20  owners, officers, directors, or administrators to provide the

21  commission with information under oath regarding the prior

22  operation of an institution and to provide criminal justice

23  information, the cost of which must be borne by the applicant

24  in addition to license fees.

25         (5)  The commission may obtain an injunction or take

26  any action it deems necessary against any institution or agent

27  in violation of this chapter, but such proceedings and orders

28  do not bar the imposition of any other penalties that may be

29  imposed for the violation.

30         (6)  The commission may conduct disciplinary

31  proceedings through an investigation of any suspected


                                 630

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  violation of this chapter, including a finding of probable

 2  cause and making reports to any law enforcement agency or

 3  regulatory agency.

 4         (a)  The commission shall notify an institution or

 5  individual of the substance of any complaint that is under

 6  investigation unless the executive director and chairperson of

 7  the board concur that notification would impede the

 8  investigation. The commission may also withhold notification

 9  to a person under investigation for an act that constitutes a

10  criminal offense.

11         (b)  The determination of probable cause shall be made

12  by a majority vote of the probable-cause panel, the membership

13  of which shall be provided by rule. After the panel declares a

14  finding of probable cause, the commission may issue an

15  administrative complaint and prosecute such complaint under

16  chapter 120.

17         (c)  A privilege against civil liability is granted to

18  any informant or any witness who provides information in good

19  faith for an investigation or proceeding conducted under this

20  section.

21         (7)  The commission may issue a cease and desist order

22  in conjunction with an administrative complaint or notice of

23  denial of licensure, if necessary to protect the health,

24  safety, or welfare of students, prospective students, or the

25  public. An unlicensed institution that advertises or causes

26  advertisements to be made public through which students are

27  solicited for enrollment or are offered diplomas or degrees is

28  in violation of this chapter. The commission shall adopt rules

29  that direct the issuance of an injunction against operating,

30  advertising, or offering diplomas or degrees without a

31  license. Each day of operation after a cease and desist letter


                                 631

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  is delivered constitutes a separate violation for purposes of

 2  assessing fines or seeking civil penalties.

 3         (a)  A cease and desist order may be mandatory or

 4  prohibitory in form and may order a postsecondary institution

 5  to cease and desist from specified conduct or from failing to

 6  engage in specified conduct necessary to achieve the

 7  regulatory purposes of this chapter.

 8         (b)  A cease and desist order may include an order to

 9  cease enrollment of students whom the institution cannot

10  adequately serve, to modify curricula or methods of

11  instruction to ensure the education or training of the type

12  and quality represented in the institutional catalog, or to

13  cease from advertising or to publish or broadcast corrective

14  or clarifying advertising to overcome the effects of previous

15  allegedly deceptive or misleading advertising.

16         (c)  A cease and desist order takes effect immediately

17  upon issuance and remains in effect until the commission takes

18  final agency action.

19         (d)  The commission shall adopt rules to direct

20  procedures by which an affected party is entitled to a formal

21  or informal review of a cease and desist order and may request

22  the commission or the Division of Administrative Hearings to

23  modify or abate a cease and desist order. If a party is

24  aggrieved by a cease and desist order after seeking to have

25  the order abated or modified, the party may seek interlocutory

26  judicial review by the appropriate district court of appeal

27  pursuant to the applicable rules of appellate procedure.

28         (e)  In addition to or in lieu of any remedy provided

29  in this section, the commission may seek the imposition of a

30  civil penalty through the circuit court for any violation for

31  


                                 632

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  which the commission may issue a notice to cease and desist

 2  under this section.

 3         (8)  The commission shall adopt rules to identify

 4  grounds for imposing disciplinary actions, which must include

 5  at least the following grounds:

 6         (a)  Attempting to obtain action from the commission by

 7  fraudulent misrepresentation, bribery, or through an error of

 8  the commission.

 9         (b)  Action against a license or operation imposed

10  under the authority of another state, territory, or country.

11         (c)  Delegating professional responsibilities to a

12  person who is not qualified by training, experience, or

13  licensure to perform the responsibilities.

14         (d)  False, deceptive, or misleading advertising.

15         (e)  Conspiring to coerce, intimidate, or preclude

16  another licensee from lawfully advertising his or her

17  services.

18         Section 262.  Section 1005.39, Florida Statutes, is

19  created to read:

20         1005.39  Continuing education and training for

21  administrators and faculty.--

22         (1)  The commission is authorized to ensure that the

23  administrators of licensed institutions are qualified to

24  conduct the operations of their respective positions and to

25  require such administrators and faculty to receive continuing

26  education and training as adopted by rule of the commission.

27  The positions for which the commission may review

28  qualifications and require continuing education and training

29  may include the positions of chief administrator or officer,

30  director of education or training, placement director,

31  


                                 633

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  admissions director, and financial aid director and faculty

 2  members.

 3         (2)  The training of each administrator and faculty

 4  member shall be the type of training necessary to assure

 5  compliance with statutes and rules of the commission and the

 6  State Board of Education and with those of other state or

 7  federal agencies in relation to the responsibilities of the

 8  respective positions.

 9         (3)  The commission shall adopt general qualifications

10  for each of the respective positions and establish guidelines

11  for the minimum amount and type of continuing education and

12  training to be required. The continuing education and training

13  may be provided by the commission, appropriate state or

14  federal agencies, or professional organizations familiar with

15  the requirements of the particular administrative positions.

16  The actual curricula should be left to the discretion of those

17  agencies and organizations.

18         (4)  Evidence of the administrator's and faculty

19  member's compliance with the continuing education and training

20  requirements established by the commission may be included in

21  the initial and renewal application forms provided by the

22  commission.  Actual records of the continuing education and

23  training received by administrators and faculty shall be

24  maintained at the institution and available for inspection at

25  all times.

26         (5)  Qualifications of administrators and faculty in

27  their respective fields, as well as continuing education and

28  training, may be established by the commission as a condition

29  of an application for licensure by a new institution or for

30  renewal of a license.

31  


                                 634

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 263.  Chapter 1006, Florida Statutes, shall be

 2  entitled "Support for Learning" and shall consist of ss.

 3  1006.02-1006.71.

 4         Section 264.  Part I of chapter 1006, Florida Statutes,

 5  shall be entitled "Public K-12 Education Support for Learning

 6  and Student Services" and shall consist of ss.

 7  1006.02-1006.27.

 8         Section 265.  Part I.a. of chapter 1006, Florida

 9  Statutes, shall be entitled "Learning Services Generally" and

10  shall consist of ss. 1006.02-1006.04.

11         Section 266.  Section 1006.02, Florida Statutes, is

12  created to read:

13         1006.02  Provision of information to students and

14  parents regarding school-to-work transition.--

15         (1)  All public K-12 schools shall document the manner

16  in which they have prepared students to enter the workforce,

17  including information regarding the provision of accurate,

18  timely career and curricular counseling to students. This

19  information shall include a delineation of available career

20  opportunities, educational requirements associated with each

21  career, educational institutions that prepare students to

22  enter each career, and student financial aid available to

23  enable students to pursue any postsecondary instruction

24  required to enter that career. This information shall also

25  delineate school procedures for identifying individual student

26  interests and aptitudes which enable students to make informed

27  decisions about the curriculum that best addresses their

28  individual interests and aptitudes while preparing them to

29  enroll in postsecondary education and enter the workforce.

30  This information shall include recommended high school

31  coursework that prepares students for success in college-level


                                 635

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  work. The information shall be made known to parents and

 2  students annually through inclusion in the school's handbook,

 3  manual, or similar documents or other communications regularly

 4  provided to parents and students.

 5         (2)  The information required by this section shall

 6  delineate the availability of applied instruction that uses

 7  concrete, real-world examples to elicit demonstrated student

 8  competence comparable to the student performance standards

 9  delineated for corresponding traditional college-preparatory

10  courses, and shall also delineate the support services

11  available for students who need assistance to successfully

12  complete instruction necessary to enroll in postsecondary

13  education or enter the workforce.

14         (3)  The information required by this section shall

15  delineate the availability of instruction that enables

16  students to acquire the technical skills associated with

17  specific clusters of occupations as well as employability

18  skills that apply to most occupations, and shall describe and

19  identify the availability of workplace-based learning

20  experiences. Any school that conducts secondary career

21  education programs shall identify any agreements through which

22  each program articulates into corresponding postsecondary

23  programs.

24         (4)  Prior to each student's graduation from high

25  school, the school shall assess the student's preparation to

26  enter the workforce, in accordance with the commissioner's

27  identification of the employability skills associated with

28  successful entry into the workforce, and shall provide the

29  student and the student's parent or guardian with the results

30  of this assessment.

31  


                                 636

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 267.  Section 1006.03, Florida Statutes, is

 2  created to read:

 3         1006.03  Diagnostic and learning resource centers.--

 4         (1)  The department shall maintain regional diagnostic

 5  and learning resource centers for exceptional students, to

 6  assist in the provision of medical, physiological,

 7  psychological, and educational testing and other services

 8  designed to evaluate and diagnose exceptionalities, to make

 9  referrals for necessary instruction and services, and to

10  facilitate the provision of instruction and services to

11  exceptional students. The department shall cooperate with the

12  Department of Children and Family Services in identifying

13  service needs and areas.

14         (2)  Within its identified service area, each regional

15  center shall:

16         (a)  Provide assistance to parents, teachers, and other

17  school personnel and community organizations in locating and

18  identifying exceptional children and planning educational

19  programs for them.

20         (b)  Assist in the provision of services for

21  exceptional children, using to the maximum, but not

22  supplanting, the existing facilities and services of each

23  district.

24         (c)  Provide orientation meetings at least annually for

25  teachers, principals, supervisors, and community agencies to

26  familiarize them with center facilities and services for

27  exceptional children.

28         (d)  Plan, coordinate, and assist in the implementation

29  of inservice training programs, consistent with each

30  district's program of staff development, for the development

31  and updating of attitudes, skills, and instructional practices


                                 637

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  and procedures necessary to the education of exceptional

 2  children.

 3         (e)  Assist districts in the identification, selection,

 4  acquisition, use, and evaluation of media and materials

 5  appropriate to the implementation of instructional programs

 6  based on individual educational plans for exceptional

 7  children.

 8         (f)  Provide for the dissemination and diffusion of

 9  significant information and promising practices derived from

10  educational research, demonstration, and other projects.

11         (g)  Assist in the delivery, modification, and

12  integration of instructional technology, including

13  microcomputer applications and adaptive and assistive devices,

14  appropriate to the unique needs of exceptional students.

15         (3)  Diagnostic and resource centers may provide

16  testing and evaluation services to private school students and

17  other children who are not enrolled in public schools.

18         (4)  Diagnostic and learning resource centers may

19  assist districts in providing testing and evaluation services

20  for infants and preschool children with or at risk of

21  developing disabilities, and may assist districts in providing

22  interdisciplinary training and resources to parents of infants

23  and preschool children with or at risk of developing

24  disabilities and to school readiness programs.

25         Section 268.  Section 1006.035, Florida Statutes, is

26  created to read:

27         1006.035  Dropout reentry and mentor project.--

28         (1)  There is created a dropout reentry and mentor

29  project to be coordinated on a pilot basis by the Florida

30  Agricultural and Mechanical University National Alumni

31  


                                 638

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Association and implemented in Tallahassee, Jacksonville,

 2  Daytona Beach, and Miami.

 3         (2)  The project shall identify 15 black students in

 4  each location who have dropped out of high school but were not

 5  encountering academic difficulty when they left school.

 6  Students chosen to participate may not have a high school

 7  diploma, be enrolled in an adult general education program

 8  which includes a GED program or an adult high school, or be

 9  enrolled in a technical school.  Students may be employed but

10  must be able to adjust their work schedules to accommodate

11  classes and project sessions.  Priority must be given to

12  students who have dropped out of school within the last 3

13  years.

14         (3)  In identifying participants, the following factors

15  must be considered:

16         (a)  The student's performance in school before

17  dropping out.

18         (b)  The student's performance on aptitude and

19  achievement tests.

20         (c)  The student's desire to reenter school.

21         (4)  In each of the four locations, the project shall

22  identify 15 high-achieving minority students to serve as

23  one-on-one mentors to the students who are being reentered in

24  school.  An alumnus of Bethune-Cookman College, Florida

25  Memorial College, Edward Waters College, or Florida

26  Agricultural and Mechanical University shall be assigned to

27  each pair of students. Student mentors and alumni must serve

28  as role models and resource people for the students who are

29  being reentered in school.

30         (5)  Selected project participants shall be evaluated

31  and enrolled in a GED program, regular high school, technical


                                 639

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  school, or alternative school.  In conjunction with school

 2  guidance personnel, project staff shall design a supplemental

 3  program to reinforce basic skills, provide additional

 4  counseling, and offer tutorial assistance.  Weekly, project

 5  staff shall monitor students' attendance, performance,

 6  homework, and attitude toward school.

 7         (6)  The project shall use tests to identify students'

 8  interests and academic weaknesses.  Based on the test results,

 9  an individualized study program shall be developed for each

10  reentry student.

11         (7)  The 15 alumni at each location must meet with

12  their assigned reentry students and high achievers, together,

13  at least once per week.  All reentry students must meet as a

14  group at least once per week for structured, organized

15  activities that include instruction in test-taking skills,

16  positive attitude, coping, study habits, budgeting time,

17  setting goals, career choices, homework assistance, and

18  conflict resolution.

19         (8)  Followup interviews with both the reentry students

20  and high achievers must be conducted after 1 year to determine

21  the project's impact.

22         Section 269.  Section 1006.04, Florida Statutes, is

23  created to read:

24         1006.04  Educational multiagency services for students

25  with severe emotional disturbance.--

26         (1)(a)  An intensive, integrated educational program; a

27  continuum of mental health treatment services; and, when

28  needed, residential services are necessary to enable students

29  with severe emotional disturbance to develop appropriate

30  behaviors and demonstrate academic and career education

31  skills. The small incidence of severe emotional disturbance in


                                 640

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the total school population requires multiagency programs to

 2  provide access to appropriate services for all students with

 3  severe emotional disturbance. District school boards should

 4  provide educational programs, and state departments and

 5  agencies administering children's mental health funds should

 6  provide mental health treatment and residential services when

 7  needed, forming a multiagency network to provide support for

 8  students with severe emotional disturbance.

 9         (b)  The program goals for each component of the

10  multiagency network are to enable students with severe

11  emotional disturbance to learn appropriate behaviors, reduce

12  dependency, and fully participate in all aspects of school and

13  community living; to develop individual programs for students

14  with severe emotional disturbance, including necessary

15  educational, residential, and mental health treatment

16  services; to provide programs and services as close as

17  possible to the student's home in the least restrictive manner

18  consistent with the student's needs; and to integrate a wide

19  range of services necessary to support students with severe

20  emotional disturbance and their families.

21         (2)  The department may award grants to district school

22  boards for statewide planning and development of the

23  multiagency network for students with severe emotional

24  disturbance. The educational services shall be provided in a

25  manner consistent with the requirements of ss. 1003.57 and

26  402.22.

27         (3)  State departments and agencies may use appropriate

28  funds for the multiagency network for students with severe

29  emotional disturbance.

30  

31  


                                 641

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 270.  Part I.b. of chapter 1006, Florida

 2  Statutes, shall be entitled "Student Food and Health Services"

 3  and shall consist of ss. 1006.06-1006.063.

 4         Section 271.  Section 1006.06, Florida Statutes, is

 5  created to read:

 6         1006.06  School food service programs.--

 7         (1)  In recognition of the demonstrated relationship

 8  between good nutrition and the capacity of students to develop

 9  and learn, it is the policy of the state to provide standards

10  for school food service and to require district school boards

11  to establish and maintain an appropriate private school food

12  service program consistent with the nutritional needs of

13  students.

14         (2)  The State Board of Education shall adopt rules

15  covering the administration and operation of the school food

16  service programs.

17         (3)  Each district school board shall consider the

18  recommendations of the district school superintendent and

19  adopt policies to provide for an appropriate food and

20  nutrition program for students consistent with federal law and

21  State Board of Education rule.

22         (4)  The state shall provide the state National School

23  Lunch Act matching requirements. The funds provided shall be

24  distributed in such a manner as to comply with the

25  requirements of the National School Lunch Act.

26         (5)(a)  Each district school board shall implement

27  school breakfast programs in all elementary schools that make

28  breakfast available to all students in kindergarten through

29  grade 6 in each district school, unless the elementary school

30  goes only through grade 5, in which case the requirement shall

31  apply only through grade 5. Each district school board shall


                                 642

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  implement breakfast programs in all elementary schools in

 2  which students are eligible for free and reduced price lunch

 3  meals, to the extent specifically funded in the General

 4  Appropriations Act. A district school board may operate a

 5  breakfast program providing for food preparation at the school

 6  site or in central locations with distribution to designated

 7  satellite schools or any combination thereof.

 8         (b)  The commissioner shall make every reasonable

 9  effort to ensure that any school designated a "severe need

10  school" receives the highest rate of reimbursement to which it

11  is entitled pursuant to 42 U.S.C. s. 1773 for each free and

12  reduced price breakfast served.

13         (c)  The department shall calculate and distribute a

14  school district breakfast supplement for each school year by

15  multiplying the state breakfast rate as specified in the

16  General Appropriations Act by the number of free and reduced

17  price breakfast meals served.

18         (d)  The Legislature shall provide sufficient funds in

19  the General Appropriations Act to reimburse participating

20  school districts for the difference between the average

21  federal reimbursement for free and reduced price breakfasts

22  and the average statewide cost for breakfasts.

23         Section 272.  Section 1006.0605, Florida Statutes, is

24  created to read:

25         1006.0605  Students' summer nutrition.--

26         (1)  Each district school superintendent shall report

27  to the department any activity or initiative that provides

28  access to a food service program during school vacation

29  periods of over 2 weeks to students who are eligible for free

30  or reduced-price meals.  The report shall include any

31  developed or implemented plans for how the school district


                                 643

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  will sponsor, host, or vend the federal Summer Food Service

 2  Program.

 3         (2)  The district school superintendent shall submit

 4  the report to the department by February 1, 2004.  Prior to

 5  submitting the report to the department, the district school

 6  superintendent shall report this information to the district

 7  school board.

 8         (3)  By March 1, 2004, the department shall submit to

 9  the President of the Senate, the Speaker of the House of

10  Representatives, the chairs of the education committees in the

11  Senate and the House of Representatives, and the State Board

12  of Education a report compiling the school district

13  information.

14         Section 273.  Section 1006.061, Florida Statutes, is

15  created to read:

16         1006.061  Child abuse, abandonment, and neglect

17  policy.--Each district school board shall:

18         (1)  Post in a prominent place in each school a notice

19  that, pursuant to chapter 39, all employees and agents of the

20  district school board have an affirmative duty to report all

21  actual or suspected cases of child abuse, abandonment, or

22  neglect; have immunity from liability if they report such

23  cases in good faith; and have a duty to comply with child

24  protective investigations and all other provisions of law

25  relating to child abuse, abandonment, and neglect. The notice

26  shall also include the statewide toll-free telephone number of

27  the central abuse hotline.

28         (2)  Require the district school superintendent, or the

29  superintendent's designee, at the request of the Department of

30  Children and Family Services, to act as a liaison to the

31  Department of Children and Family Services and the child


                                 644

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  protection team, as defined in s. 39.01, when in a case of

 2  suspected child abuse, abandonment, or neglect or an unlawful

 3  sexual offense involving a child the case is referred to such

 4  a team; except that this does not relieve or restrict the

 5  Department of Children and Family Services from discharging

 6  its duty and responsibility under the law to investigate and

 7  report every suspected or actual case of child abuse,

 8  abandonment, or neglect or unlawful sexual offense involving a

 9  child.

10         Section 274.  Section 1006.062, Florida Statutes, is

11  created to read:

12         1006.062  Administration of medication and provision of

13  medical services by district school board personnel.--

14         (1)  Notwithstanding the provisions of the Nurse

15  Practice Act, part I of chapter 464, district school board

16  personnel may assist students in the administration of

17  prescription medication when the following conditions have

18  been met:

19         (a)  Each district school board shall include in its

20  approved school health services plan a procedure to provide

21  training, by a registered nurse, a licensed practical nurse, a

22  physician licensed pursuant to chapter 458 or chapter 459, or

23  a physician assistant licensed pursuant to chapter 458 or

24  chapter 459, to the school personnel designated by the school

25  principal to assist students in the administration of

26  prescribed medication. Such training may be provided in

27  collaboration with other school districts, through contract

28  with an education consortium, or by any other arrangement

29  consistent with the intent of this subsection.

30         (b)  Each district school board shall adopt policies

31  and procedures governing the administration of prescription


                                 645

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  medication by district school board personnel. The policies

 2  and procedures shall include, but not be limited to, the

 3  following provisions:

 4         1.  For each prescribed medication, the student's

 5  parent shall provide to the school principal a written

 6  statement which grants to the school principal or the

 7  principal's designee permission to assist in the

 8  administration of such medication and which explains the

 9  necessity for the medication to be provided during the school

10  day, including any occasion when the student is away from

11  school property on official school business. The school

12  principal or the principal's trained designee shall assist the

13  student in the administration of the medication.

14         2.  Each prescribed medication to be administered by

15  district school board personnel shall be received, counted,

16  and stored in its original container. When the medication is

17  not in use, it shall be stored in its original container in a

18  secure fashion under lock and key in a location designated by

19  the school principal.

20         (2)  There shall be no liability for civil damages as a

21  result of the administration of the medication when the person

22  administering the medication acts as an ordinarily reasonably

23  prudent person would have acted under the same or similar

24  circumstances.

25         (3)  Nonmedical district school board personnel shall

26  not be allowed to perform invasive medical services that

27  require special medical knowledge, nursing judgment, and

28  nursing assessment, including, but not limited to:

29         (a)  Sterile catheterization.

30         (b)  Nasogastric tube feeding.

31  


                                 646

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (c)  Cleaning and maintaining a tracheostomy and deep

 2  suctioning of a tracheostomy.

 3         (4)  Nonmedical assistive personnel shall be allowed to

 4  perform health-related services upon successful completion of

 5  child-specific training by a registered nurse or advanced

 6  registered nurse practitioner licensed under chapter 464, a

 7  physician licensed pursuant to chapter 458 or chapter 459, or

 8  a physician assistant licensed pursuant to chapter 458 or

 9  chapter 459.  All procedures shall be monitored periodically

10  by a nurse, advanced registered nurse practitioner, physician

11  assistant, or physician, including, but not limited to:

12         (a)  Intermittent clean catheterization.

13         (b)  Gastrostomy tube feeding.

14         (c)  Monitoring blood glucose.

15         (d)  Administering emergency injectable medication.

16         (5)  For all other invasive medical services not listed

17  in this subsection, a registered nurse or advanced registered

18  nurse practitioner licensed under chapter 464, a physician

19  licensed pursuant to chapter 458 or chapter 459, or a

20  physician assistant licensed pursuant to chapter 458 or

21  chapter 459 shall determine if nonmedical district school

22  board personnel shall be allowed to perform such service.

23         (6)  Each district school board shall establish

24  emergency procedures in accordance with s. 381.0056(5) for

25  life-threatening emergencies.

26         (7)  District school board personnel shall not refer

27  students to or offer students at school facilities

28  contraceptive services without the consent of a parent or

29  legal guardian. To the extent that this paragraph conflicts

30  with any provision of chapter 381, the provisions of chapter

31  381 control.


                                 647

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 275.  Section 1006.063, Florida Statutes, is

 2  created to read:

 3         1006.063  Eye-protective devices required in certain

 4  laboratory courses.--

 5         (1)  Eye-protective devices shall be worn by students,

 6  teachers, and visitors in courses including, but not limited

 7  to, chemistry, physics, or chemical-physical laboratories, at

 8  any time at which the individual is engaged in or observing an

 9  activity or the use of hazardous substances likely to cause

10  injury to the eyes. Activity or the use of hazardous

11  substances likely to cause injury to the eye includes:

12         (a)  Heat treatment; tempering or kiln firing of any

13  metal or other materials;

14         (b)  Working with caustic or explosive materials; or

15         (c)  Working with hot liquids or solids, including

16  chemicals which are flammable, caustic, toxic, or irritating.

17         (2)  District school boards shall furnish plano safety

18  glasses or devices for students, may provide such glasses to

19  teachers, and shall furnish such equipment for all visitors to

20  such classrooms or laboratories, or may purchase such plano

21  safety glasses or devices in large quantities and sell them at

22  cost to students and teachers, but shall not purchase,

23  furnish, or dispense prescription glasses or lenses.

24         Section 276.  Part I.c. of chapter 1006, Florida

25  Statutes, shall be entitled "Student Discipline and School

26  Safety" and shall consist of ss. 1006.07-1006.145.

27         Section 277.  Section 1006.07, Florida Statutes, is

28  created to read:

29         1006.07  District school board duties relating to

30  student discipline and school safety.--The district school

31  board shall provide for the proper accounting for all


                                 648

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  students, for the attendance and control of students at

 2  school, and for proper attention to health, safety, and other

 3  matters relating to the welfare of students, including:

 4         (1)  CONTROL OF STUDENTS.--

 5         (a)  Adopt rules for the control, discipline, in-school

 6  suspension, suspension, and expulsion of students and decide

 7  all cases recommended for expulsion. Suspension hearings are

 8  exempted from the provisions of chapter 120. Expulsion

 9  hearings shall be governed by ss. 120.569 and 120.57(2) and

10  are exempt from s. 286.011. However, the student's parent must

11  be given notice of the provisions of s. 286.011 and may elect

12  to have the hearing held in compliance with that section. The

13  district school board may prohibit the use of corporal

14  punishment, if the district school board adopts or has adopted

15  a written program of alternative control or discipline.

16         (b)  Require each student at the time of initial

17  registration for school in the school district to note

18  previous school expulsions, arrests resulting in a charge, and

19  juvenile justice actions the student has had, and have the

20  authority as the district school board of a receiving school

21  district to honor the final order of expulsion or dismissal of

22  a student by any in-state or out-of-state public district

23  school board or private school, or lab school, for an act

24  which would have been grounds for expulsion according to the

25  receiving district school board's code of student conduct, in

26  accordance with the following procedures:

27         1.  A final order of expulsion shall be recorded in the

28  records of the receiving school district.

29         2.  The expelled student applying for admission to the

30  receiving school district shall be advised of the final order

31  of expulsion.


                                 649

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         3.  The district school superintendent of the receiving

 2  school district may recommend to the district school board

 3  that the final order of expulsion be waived and the student be

 4  admitted to the school district, or that the final order of

 5  expulsion be honored and the student not be admitted to the

 6  school district. If the student is admitted by the district

 7  school board, with or without the recommendation of the

 8  district school superintendent, the student may be placed in

 9  an appropriate educational program at the direction of the

10  district school board.

11         (2)  CODE OF STUDENT CONDUCT.--Adopt a code of student

12  conduct for elementary schools and a code of student conduct

13  for middle and high schools and distribute the appropriate

14  code to all teachers, school personnel, students, and parents,

15  at the beginning of every school year. Each code shall be

16  organized and written in language that is understandable to

17  students and parents and shall be discussed at the beginning

18  of every school year in student classes, school advisory

19  council meetings, and parent and teacher association or

20  organization meetings. Each code shall be based on the rules

21  governing student conduct and discipline adopted by the

22  district school board and shall be made available in the

23  student handbook or similar publication. Each code shall

24  include, but is not limited to:

25         (a)  Consistent policies and specific grounds for

26  disciplinary action, including in-school suspension,

27  out-of-school suspension, expulsion, and any disciplinary

28  action that may be imposed for the possession or use of

29  alcohol on school property or while attending a school

30  function or for the illegal use, sale, or possession of

31  controlled substances as defined in chapter 893.


                                 650

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  Procedures to be followed for acts requiring

 2  discipline, including corporal punishment.

 3         (c)  An explanation of the responsibilities and rights

 4  of students with regard to attendance, respect for persons and

 5  property, knowledge and observation of rules of conduct, the

 6  right to learn, free speech and student publications,

 7  assembly, privacy, and participation in school programs and

 8  activities.

 9         (d)  Notice that illegal use, possession, or sale of

10  controlled substances, as defined in chapter 893, or

11  possession of electronic telephone pagers, by any student

12  while the student is upon school property or in attendance at

13  a school function is grounds for disciplinary action by the

14  school and may also result in criminal penalties being

15  imposed.

16         (e)  Notice that the possession of a firearm or weapon

17  ad defined in chapter 790 by any student while the student is

18  on school property or in attendance at a school function is

19  grounds for disciplinary action and may also result in

20  criminal prosecution.

21         (f)  Notice that violence against any district school

22  board personnel by a student is grounds for in-school

23  suspension, out-of-school suspension, expulsion, or imposition

24  of other disciplinary action by the school and may also result

25  in criminal penalties being imposed.

26         (g)  Notice that violation of district school board

27  transportation policies, including disruptive behavior on a

28  school bus or at a school bus stop, by a student is grounds

29  for suspension of the student's privilege of riding on a

30  school bus and may be grounds for disciplinary action by the

31  


                                 651

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  school and may also result in criminal penalties being

 2  imposed.

 3         (h)  Notice that violation of the district school

 4  board's sexual harassment policy by a student is grounds for

 5  in-school suspension, out-of-school suspension, expulsion, or

 6  imposition of other disciplinary action by the school and may

 7  also result in criminal penalties being imposed.

 8         (i)  Policies to be followed for the assignment of

 9  violent or disruptive students to an alternative educational

10  program.

11         (j)  Notice that any student who is determined to have

12  brought a firearm or weapon, as defined in chapter 790, to

13  school, to any school function, or onto any school-sponsored

14  transportation, or to have possessed a firearm at school, will

15  be expelled, with or without continuing educational services,

16  from the student's regular school for a period of not less

17  than 1 full year and referred to the criminal justice or

18  juvenile justice system. District school boards may assign the

19  student to a disciplinary program or second chance school for

20  the purpose of continuing educational services during the

21  period of expulsion. District school superintendents may

22  consider the 1-year expulsion requirement on a case-by-case

23  basis and request the district school board to modify the

24  requirement by assigning the student to a disciplinary program

25  or second chance school if the request for modification is in

26  writing and it is determined to be in the best interest of the

27  student and the school system.

28         (k)  Notice that any student who is determined to have

29  made a threat or false report, as defined by ss. 790.162 and

30  790.163, respectively, involving school or school personnel's

31  property, school transportation, or a school-sponsored


                                 652

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  activity will be expelled, with or without continuing

 2  educational services, from the student's regular school for a

 3  period of not less than 1 full year and referred for criminal

 4  prosecution. District school boards may assign the student to

 5  a disciplinary program or second chance school for the purpose

 6  of continuing educational services during the period of

 7  expulsion. District school superintendents may consider the

 8  1-year expulsion requirement on a case-by-case basis and

 9  request the district school board to modify the requirement by

10  assigning the student to a disciplinary program or second

11  chance school if it is determined to be in the best interest

12  of the student and the school system.

13         (3)  STUDENT CRIME WATCH PROGRAM.--By resolution of the

14  district school board, implement a student crime watch program

15  to promote responsibility among students and to assist in the

16  control of criminal behavior within the schools.

17         (4)  EMERGENCY DRILLS; EMERGENCY PROCEDURES.--

18         (a)  Formulate and prescribe policies and procedures

19  for emergency drills and for actual emergencies, including,

20  but not limited to, fires, natural disasters, and bomb

21  threats, for all the public schools of the district which

22  comprise grades K-12. District school board policies shall

23  include commonly used alarm system responses for specific

24  types of emergencies and verification by each school that

25  drills have been provided as required by law and fire

26  protection codes.

27         (b)  The district school board shall establish model

28  emergency management and emergency preparedness procedures for

29  the following life-threatening emergencies:

30         1.  Weapon-use and hostage situations.

31         2.  Hazardous materials or toxic chemical spills.


                                 653

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         3.  Weather emergencies, including hurricanes,

 2  tornadoes, and severe storms.

 3         4.  Exposure as a result of a manmade emergency.

 4         (5)  EDUCATIONAL SERVICES IN DETENTION

 5  FACILITIES.--Offer educational services to minors who have not

 6  graduated from high school and eligible students with

 7  disabilities under the age of 22 who have not graduated with a

 8  standard diploma or its equivalent who are detained in a

 9  county or municipal detention facility as defined in s.

10  951.23. These educational services shall be based upon the

11  estimated length of time the student will be in the facility

12  and the student's current level of functioning. District

13  school superintendents or their designees shall be notified by

14  the county sheriff or chief correctional officer, or his or

15  her designee, upon the assignment of a student under the age

16  of 21 to the facility. A cooperative agreement with the

17  district school board and applicable law enforcement units

18  shall be developed to address the notification requirement and

19  the provision of educational services to these students.

20         (6)  SAFETY AND SECURITY BEST PRACTICES.--Use the

21  Safety and Security Best Practices developed by the Office of

22  Program Policy Analysis and Government Accountability to

23  conduct a self-assessment of the school districts' current

24  safety and security practices. Based on these self-assessment

25  findings, the district school superintendent shall provide

26  recommendations to the district school board which identify

27  strategies and activities that the district school board

28  should implement in order to improve school safety and

29  security. Annually each district school board must receive the

30  self-assessment results at a publicly noticed district school

31  board meeting to provide the public an opportunity to hear the


                                 654

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  district school board members discuss and take action on the

 2  report findings. Each district school superintendent shall

 3  report the self-assessment results and school board action to

 4  the commissioner within 30 days after the district school

 5  board meeting.

 6         Section 278.  Section 1006.08, Florida Statutes, is

 7  created to read:

 8         1006.08  District school superintendent duties relating

 9  to student discipline and school safety.--

10         (1)  The district school superintendent shall recommend

11  plans to the district school board for the proper accounting

12  for all students of school age, for the attendance and control

13  of students at school, for the proper attention to health,

14  safety, and other matters which will best promote the welfare

15  of students. When the district school superintendent makes a

16  recommendation for expulsion to the district school board, he

17  or she shall give written notice to the student and the

18  student's parent of the recommendation, setting forth the

19  charges against the student and advising the student and his

20  or her parent of the student's right to due process as

21  prescribed by ss. 120.569 and 120.57(2). When district school

22  board action on a recommendation for the expulsion of a

23  student is pending, the district school superintendent may

24  extend the suspension assigned by the principal beyond 10

25  school days if such suspension period expires before the next

26  regular or special meeting of the district school board.

27         (2)  Notwithstanding the provisions of s. 985.04(4) or

28  any other provision of law to the contrary, the court shall,

29  within 48 hours of the finding, notify the appropriate

30  district school superintendent of the name and address of any

31  student found to have committed a delinquent act, or who has


                                 655

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  had adjudication of a delinquent act withheld which, if

 2  committed by an adult, would be a felony, or the name and

 3  address of any student found guilty of a felony. Notification

 4  shall include the specific delinquent act found to have been

 5  committed or for which adjudication was withheld, or the

 6  specific felony for which the student was found guilty.

 7         (3)  Except to the extent necessary to protect the

 8  health, safety, and welfare of other students, the information

 9  obtained by the district school superintendent pursuant to

10  this section may be released only to appropriate school

11  personnel or as otherwise provided by law.

12         Section 279.  Section 1006.09, Florida Statutes, is

13  created to read:

14         1006.09  Duties of school principal relating to student

15  discipline and school safety.--

16         (1)(a)  Subject to law and to the rules of the State

17  Board of Education and the district school board, the

18  principal in charge of the school or the principal's designee

19  shall develop policies for delegating to any teacher or other

20  member of the instructional staff or to any bus driver

21  transporting students of the school responsibility for the

22  control and direction of students. The principal or the

23  principal's designee shall consider the recommendation for

24  discipline made by a teacher, other member of the

25  instructional staff, or a bus driver when making a decision

26  regarding student referral for discipline.

27         (b)  The principal or the principal's designee may

28  suspend a student only in accordance with the rules of the

29  district school board. The principal or the principal's

30  designee shall make a good faith effort to immediately inform

31  a student's parent by telephone of a student's suspension and


                                 656

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the reasons for the suspension. Each suspension and the

 2  reasons for the suspension shall be reported in writing within

 3  24 hours to the student's parent by United States mail. Each

 4  suspension and the reasons for the suspension shall also be

 5  reported in writing within 24 hours to the district school

 6  superintendent. A good faith effort shall be made by the

 7  principal or the principal's designee to employ parental

 8  assistance or other alternative measures prior to suspension,

 9  except in the case of emergency or disruptive conditions which

10  require immediate suspension or in the case of a serious

11  breach of conduct as defined by rules of the district school

12  board. Such rules shall require oral and written notice to the

13  student of the charges and an explanation of the evidence

14  against him or her prior to the suspension. Each student shall

15  be given an opportunity to present his or her side of the

16  story. No student shall be suspended for unexcused tardiness,

17  lateness, absence, or truancy. The principal or the

18  principal's designee may suspend any student transported to or

19  from school at public expense from the privilege of riding on

20  a school bus for violation of district school board

21  transportation policies, which shall include a policy

22  regarding behavior at school bus stops, and the principal or

23  the principal's designee shall give notice in writing to the

24  student's parent and to the district school superintendent

25  within 24 hours. School personnel shall not be held legally

26  responsible for suspensions of students made in good faith.

27         (c)  The principal or the principal's designee may

28  recommend to the district school superintendent the expulsion

29  of any student who has committed a serious breach of conduct,

30  including, but not limited to, willful disobedience, open

31  defiance of authority of a member of his or her staff,


                                 657

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  violence against persons or property, or any other act which

 2  substantially disrupts the orderly conduct of the school. A

 3  recommendation of expulsion or assignment to a second chance

 4  school may also be made for any student found to have

 5  intentionally made false accusations that jeopardize the

 6  professional reputation, employment, or professional

 7  certification of a teacher or other member of the school

 8  staff, according to the district school board code of student

 9  conduct. Any recommendation of expulsion shall include a

10  detailed report by the principal or the principal's designated

11  representative on the alternative measures taken prior to the

12  recommendation of expulsion.

13         (d)  The principal or the principal's designee shall

14  include an analysis of suspensions and expulsions in the

15  annual report of school progress.

16         (2)  Suspension proceedings, pursuant to rules of the

17  State Board of Education, may be initiated against any

18  enrolled student who is formally charged with a felony, or

19  with a delinquent act which would be a felony if committed by

20  an adult, by a proper prosecuting attorney for an incident

21  which allegedly occurred on property other than public school

22  property, if that incident is shown, in an administrative

23  hearing with notice provided to the parents of the student by

24  the principal of the school pursuant to rules adopted by the

25  State Board of Education and to rules developed pursuant to s.

26  1001.54, to have an adverse impact on the educational program,

27  discipline, or welfare in the school in which the student is

28  enrolled. Any student who is suspended as the result of such

29  proceedings may be suspended from all classes of instruction

30  on public school grounds during regular classroom hours for a

31  period of time, which may exceed 10 days, as determined by the


                                 658

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  district school superintendent. The suspension shall not

 2  affect the delivery of educational services to the student,

 3  and the student shall be immediately enrolled in a daytime

 4  alternative education program, or an evening alternative

 5  education program, where appropriate. If the court determines

 6  that the student did commit the felony or delinquent act which

 7  would have been a felony if committed by an adult, the

 8  district school board may expel the student, provided that

 9  expulsion under this subsection shall not affect the delivery

10  of educational services to the student in any residential,

11  nonresidential, alternative, daytime, or evening program

12  outside of the regular school setting. Any student who is

13  subject to discipline or expulsion for unlawful possession or

14  use of any substance controlled under chapter 893 may be

15  entitled to a waiver of the discipline or expulsion:

16         (a)  If the student divulges information leading to the

17  arrest and conviction of the person who supplied the

18  controlled substance to him or her, or if the student

19  voluntarily discloses his or her unlawful possession of the

20  controlled substance prior to his or her arrest. Any

21  information divulged which leads to arrest and conviction is

22  not admissible in evidence in a subsequent criminal trial

23  against the student divulging the information.

24         (b)  If the student commits himself or herself, or is

25  referred by the court in lieu of sentence, to a state-licensed

26  drug abuse program and successfully completes the program.

27         (3)  A student may be disciplined or expelled for

28  unlawful possession or use of any substance controlled under

29  chapter 893 upon the third violation of this provision.

30         (4)  When a student has been the victim of a violent

31  crime perpetrated by another student who attends the same


                                 659

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  school, the school principal shall make full and effective use

 2  of the provisions of ss. 1006.09(2) and 1006.13(5). A school

 3  principal who fails to comply with this subsection shall be

 4  ineligible for any portion of the performance pay policy

 5  incentive under s. 1012.22(1)(c). However, if any party

 6  responsible for notification fails to properly notify the

 7  school, the school principal shall be eligible for the

 8  incentive.

 9         (5)  Any recommendation for the suspension or expulsion

10  of a student with a disability must be made in accordance with

11  rules adopted by the State Board of Education.

12         (6)  Each school principal must ensure that

13  standardized forms prescribed by rule of the State Board of

14  Education are used to report data concerning school safety and

15  discipline to the department. The school principal must

16  develop a plan to verify the accuracy of reported incidents.

17         (7)  The State Board of Education shall adopt by rule a

18  standardized form to be used by each school principal to

19  report data concerning school safety and discipline.

20         (8)  The school principal shall require all school

21  personnel to report to the principal or principal's designee

22  any suspected unlawful use, possession, or sale by a student

23  of any controlled substance, as defined in s. 893.02; any

24  counterfeit controlled substance, as defined in s. 831.31; any

25  alcoholic beverage, as defined in s. 561.01(4); or model glue.

26  School personnel are exempt from civil liability when

27  reporting in good faith to the proper school authority such

28  suspected unlawful use, possession, or sale by a student.

29  Only a principal or principal's designee is authorized to

30  contact a parent or legal guardian of a student regarding this

31  situation. Reports made and verified under this subsection


                                 660

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  shall be forwarded to an appropriate agency. The principal or

 2  principal's designee shall timely notify the student's parent

 3  that a verified report made under this subsection with respect

 4  to the student has been made and forwarded.

 5         (9)  A school principal or a school employee designated

 6  by the principal, if she or he has reasonable suspicion that a

 7  prohibited or illegally possessed substance or object is

 8  contained within a student's locker or other storage area, may

 9  search the locker or storage area. The district school board

10  shall require and each school principal shall cause to be

11  posted in each public K-12 school, in a place readily seen by

12  students, a notice stating that a student's locker or other

13  storage area is subject to search, upon reasonable suspicion,

14  for prohibited or illegally possessed substances or objects.

15  This subsection does not prohibit the use of metal detectors

16  or specially trained animals in the course of a search for

17  illegally possessed substances or objects.

18         Section 280.  Section 1006.10, Florida Statutes, is

19  created to read:

20         1006.10  Authority of school bus drivers and district

21  school boards relating to student discipline and student

22  safety on school buses.--

23         (1)  The school bus driver shall require order and good

24  behavior by all students being transported on school buses.

25         (2)  The district school board shall require a system

26  of progressive discipline of transported students for actions

27  which are prohibited by the code of student conduct.

28  Disciplinary actions, including suspension of students from

29  riding on district school board owned or contracted school

30  buses, shall be subject to district school board policies and

31  procedures and may be imposed by the principal or the


                                 661

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  principal's designee. The principal or the principal's

 2  designee may delegate any disciplinary authority to school bus

 3  drivers except for suspension of students from riding the bus.

 4         (3)  The school bus driver shall control students

 5  during the time students are on the school bus, but shall not

 6  have such authority when students are waiting at the school

 7  bus stop or when students are en route to or from the school

 8  bus stop except when the bus is present at the bus stop.

 9         (4)  If an emergency should develop due to the conduct

10  of students on the bus, the school bus driver may take such

11  steps as are immediately necessary to protect the students on

12  the bus.

13         (5)  School bus drivers shall not be required to

14  operate a bus under conditions in which one or more students

15  pose a clear and present danger to the safety of the driver or

16  other students, or the safety of the bus while in operation.

17  The district school board shall have measures in place

18  designed to protect the school bus driver from threats or

19  physical injury from students.

20         (6)  District school boards may use transportation,

21  school safety, or FEFP funds to provide added security for

22  buses transporting disruptive or delinquent students to and

23  from school or other educational activities.

24         (7)  In the case of a student having engaged in violent

25  or blatantly unsafe actions while riding the school bus, the

26  district school board shall take corrective measures to

27  ensure, to the extent feasible, that such actions are not

28  repeated prior to reassigning the student to the bus.

29         Section 281.  Section 1006.11, Florida Statutes, is

30  created to read:

31         1006.11  Standards for use of reasonable force.--


                                 662

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (1)  The State Board of Education shall adopt standards

 2  for the use of reasonable force by district school board

 3  personnel to maintain a safe and orderly learning environment.

 4  Such standards shall be distributed to each school in the

 5  state and shall provide guidance to district school board

 6  personnel in receiving the limitations on liability specified

 7  in subsection (2).

 8         (2)  Except in the case of excessive force or cruel and

 9  unusual punishment, a teacher or other member of the

10  instructional staff, a principal or the principal's designated

11  representative, or a school bus driver shall not be civilly or

12  criminally liable for any action carried out in conformity

13  with the State Board of Education and district school board

14  rules regarding the control, discipline, suspension, and

15  expulsion of students, including, but not limited to, any

16  exercise of authority under s. 1006.09 or s. 1003.32.

17         Section 282.  Section 1006.12, Florida Statutes, is

18  created to read:

19         1006.12  School resource officers and school safety

20  officers.--

21         (1)  District school boards may establish school

22  resource officer programs, through a cooperative agreement

23  with law enforcement agencies or in accordance with subsection

24  (2).

25         (a)  School resource officers shall be certified law

26  enforcement officers, as defined in s. 943.10(1), who are

27  employed by a law enforcement agency as defined in s.

28  943.10(4). The powers and duties of a law enforcement officer

29  shall continue throughout the employee's tenure as a school

30  resource officer.

31  


                                 663

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  School resource officers shall abide by district

 2  school board policies and shall consult with and coordinate

 3  activities through the school principal, but shall be

 4  responsible to the law enforcement agency in all matters

 5  relating to employment, subject to agreements between a

 6  district school board and a law enforcement agency. Activities

 7  conducted by the school resource officer which are part of the

 8  regular instructional program of the school shall be under the

 9  direction of the school principal.

10         (2)(a)  School safety officers shall be law enforcement

11  officers, as defined in s. 943.10(1), certified under the

12  provisions of chapter 943 and employed by either a law

13  enforcement agency or by the district school board. If the

14  officer is employed by the district school board, the district

15  school board is the employing agency for purposes of chapter

16  943, and must comply with the provisions of that chapter.

17         (b)  A district school board may commission one or more

18  school safety officers for the protection and safety of school

19  personnel, property, and students within the school district.

20  The district school superintendent may recommend and the

21  district school board may appoint one or more school safety

22  officers.

23         (c)  A school safety officer has and shall exercise the

24  power to make arrests for violations of law on district school

25  board property and to arrest persons, whether on or off such

26  property, who violate any law on such property under the same

27  conditions that deputy sheriffs are authorized to make

28  arrests. A school safety officer has the authority to carry

29  weapons when performing his or her official duties.

30         (d)  A district school board may enter into mutual aid

31  agreements with one or more law enforcement agencies as


                                 664

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  provided in chapter 23. A school safety officer's salary may

 2  be paid jointly by the district school board and the law

 3  enforcement agency, as mutually agreed to.

 4         Section 283.  Section 1006.13, Florida Statutes, is

 5  created to read:

 6         1006.13  Policy of zero tolerance for crime and

 7  victimization.--

 8         (1)  Each district school board shall adopt a policy of

 9  zero tolerance for:

10         (a)  Crime and substance abuse, including the reporting

11  of delinquent acts and crimes occurring whenever and wherever

12  students are under the jurisdiction of the district school

13  board.

14         (b)  Victimization of students, including taking all

15  steps necessary to protect the victim of any violent crime

16  from any further victimization.

17         (2)  The zero tolerance policy shall require students

18  found to have committed one of the following offenses to be

19  expelled, with or without continuing educational services,

20  from the student's regular school for a period of not less

21  than 1 full year, and to be referred to the criminal justice

22  or juvenile justice system.

23         (a)  Bringing a firearm or weapon, as defined in

24  chapter 790, to school, to any school function, or onto any

25  school-sponsored transportation or possessing a firearm at

26  school.

27         (b)  Making a threat or false report, as defined by ss.

28  790.162 and 790.163, respectively, involving school or school

29  personnel's property, school transportation, or a

30  school-sponsored activity.

31  


                                 665

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  District school boards may assign the student to a

 2  disciplinary program for the purpose of continuing educational

 3  services during the period of expulsion. District school

 4  superintendents may consider the 1-year expulsion requirement

 5  on a case-by-case basis and request the district school board

 6  to modify the requirement by assigning the student to a

 7  disciplinary program or second chance school if the request

 8  for modification is in writing and it is determined to be in

 9  the best interest of the student and the school system. If a

10  student committing any of the offenses in this subsection is a

11  student with a disability, the district school board shall

12  comply with applicable State Board of Education rules.

13         (3)  Each district school board shall enter into

14  agreements with the county sheriff's office and local police

15  department specifying guidelines for ensuring that felonies

16  and violent misdemeanors, whether committed by a student or

17  adult, and delinquent acts that would be felonies or violent

18  misdemeanors if committed by an adult, are reported to law

19  enforcement. Each district school board shall adopt a

20  cooperative agreement, pursuant to s. 1003.52(13) with the

21  Department of Juvenile Justice, that specifies guidelines for

22  ensuring that all no contact orders entered by the court are

23  reported and enforced and that all steps necessary are taken

24  to protect the victim of any such crime. Such agreements shall

25  include the role of school resource officers, if applicable,

26  in handling reported incidents, special circumstances in which

27  school officials may handle incidents without filing a report

28  to law enforcement, and a procedure for ensuring that school

29  personnel properly report appropriate delinquent acts and

30  crimes. The school principal shall be responsible for ensuring

31  that all school personnel are properly informed as to their


                                 666

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  responsibilities regarding crime reporting, that appropriate

 2  delinquent acts and crimes are properly reported, and that

 3  actions taken in cases with special circumstances are properly

 4  taken and documented.

 5         (4)  Notwithstanding any other provision of law, each

 6  district school board shall adopt rules providing that any

 7  student found to have committed a violation of s. 784.081(1),

 8  (2), or (3) shall be expelled or placed in an alternative

 9  school setting or other program, as appropriate. Upon being

10  charged with the offense, the student shall be removed from

11  the classroom immediately and placed in an alternative school

12  setting pending disposition.

13         (5)(a)  Notwithstanding any provision of law

14  prohibiting the disclosure of the identity of a minor,

15  whenever any student who is attending public school is

16  adjudicated guilty of or delinquent for, or is found to have

17  committed, regardless of whether adjudication is withheld, or

18  pleads guilty or nolo contendere to, a felony violation of:

19         1.  Chapter 782, relating to homicide;

20         2.  Chapter 784, relating to assault, battery, and

21  culpable negligence;

22         3.  Chapter 787, relating to kidnapping, false

23  imprisonment, luring or enticing a child, and custody

24  offenses;

25         4.  Chapter 794, relating to sexual battery;

26         5.  Chapter 800, relating to lewdness and indecent

27  exposure;

28         6.  Chapter 827, relating to abuse of children;

29         7.  Section 812.13, relating to robbery;

30         8.  Section 812.131, relating to robbery by sudden

31  snatching;


                                 667

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         9.  Section 812.133, relating to carjacking; or

 2         10.  Section 812.135, relating to home-invasion

 3  robbery,

 4  

 5  and, before or at the time of such adjudication, withholding

 6  of adjudication, or plea, the offender was attending a school

 7  attended by the victim or a sibling of the victim of the

 8  offense, the Department of Juvenile Justice shall notify the

 9  appropriate district school board of the adjudication or plea,

10  the requirements of this paragraph, and whether the offender

11  is prohibited from attending that school or riding on a school

12  bus whenever the victim or a sibling of the victim is

13  attending the same school or riding on the same school bus,

14  except as provided pursuant to a written disposition order

15  under s. 985.23(1)(d). Upon receipt of such notice, the

16  district school board shall take appropriate action to

17  effectuate the provisions of paragraph (b).

18         (b)  Any offender described in paragraph (a), who is

19  not exempted as provided in paragraph (a), shall not attend

20  any school attended by the victim or a sibling of the victim

21  of the offense or ride on a school bus on which the victim or

22  a sibling of the victim is riding. The offender shall be

23  permitted by the district school board to attend another

24  school within the district in which the offender resides,

25  provided the other school is not attended by the victim or

26  sibling of the victim of the offense; or the offender may be

27  permitted by another district school board to attend a school

28  in that district if the offender is unable to attend any

29  school in the district in which the offender resides.

30         (c)  If the offender is unable to attend any other

31  school in the district in which the offender resides and is


                                 668

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  prohibited from attending school in another school district,

 2  the district school board in the school district in which the

 3  offender resides shall take every reasonable precaution to

 4  keep the offender separated from the victim while on school

 5  grounds or on school transportation. The steps to be taken by

 6  a district school board to keep the offender separated from

 7  the victim shall include, but are not limited to, in-school

 8  suspension of the offender and the scheduling of classes,

 9  lunch, or other school activities of the victim and the

10  offender so as not to coincide.

11         (d)  The offender, or the parents of the offender if

12  the offender is a juvenile, shall be responsible for arranging

13  and paying for transportation associated with or required by

14  the offender's attending another school or that would be

15  required as a consequence of the prohibition against riding on

16  a school bus on which the victim or a sibling of the victim is

17  riding. However, the offender or the parents of the offender

18  shall not be charged for existing modes of transportation that

19  can be used by the offender at no additional cost to the

20  district school board.

21         Section 284.  Section 1006.14, Florida Statutes, is

22  created to read:

23         1006.14  Secret societies prohibited in public K-12

24  schools.--

25         (1)  It is unlawful for any person, group, or

26  organization to organize or establish a fraternity, sorority,

27  or other secret society whose membership is comprised in whole

28  or in part of students enrolled in any public K-12 school or

29  to go upon any public K-12 school premises for the purpose of

30  soliciting any students to join such an organization.

31  


                                 669

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (2)  A secret society shall be interpreted to be a

 2  fraternity, sorority, or other organization whose active

 3  membership is comprised wholly or partly of students enrolled

 4  in public K-12 schools and which perpetuates itself wholly or

 5  partly by taking in additional members from the students

 6  enrolled in public K-12 schools on the basis of the decision

 7  of its membership rather than on the right of any student who

 8  is qualified by the rules of the school to be a member of and

 9  take part in any class or group exercise designated and

10  classified according to gender, subjects included in the

11  course of study, or program of school activities fostered and

12  promoted by the district school board and district school

13  superintendent or by school principals.

14         (3)  This section shall not be construed to prevent the

15  establishment of an organization fostered and promoted by

16  school authorities, or approved and accepted by school

17  authorities, and whose membership is selected on the basis of

18  good character, good scholarship, leadership ability, and

19  achievement. Full information regarding the charter,

20  principles, purposes, and conduct of any such accepted

21  organization shall be made available to all students and

22  instructional personnel of the school.

23         (4)  This section shall not be construed to relate to

24  any junior organization or society sponsored by the Police

25  Athletic League, Knights of Pythias, Oddfellows, Moose,

26  Woodmen of the World, Knights of Columbus, Elks, Masons, B'nai

27  B'rith, Young Men's and Young Women's Hebrew Associations,

28  Young Men's and Young Women's Christian Associations, Kiwanis,

29  Rotary, Optimist, Civitan, Exchange Clubs, Florida Federation

30  of Garden Clubs, and Florida Federation of Women's Clubs.

31  


                                 670

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (5)  It is unlawful for any student enrolled in any

 2  public K-12 school to be a member of, to join or to become a

 3  member of or to pledge himself or herself to become a member

 4  of any secret fraternity, sorority, or group wholly or partly

 5  formed from the membership of students attending public K-12

 6  schools or to take part in the organization or formation of

 7  any such fraternity, sorority, or secret society; provided

 8  that this does not prevent any student from belonging to any

 9  organization fostered and promoted by the school authorities;

10  or approved and accepted by the school authorities and whose

11  membership is selected on the basis of good character, good

12  scholarship, leadership ability, and achievement.

13         (6)  The district school board may enforce the

14  provisions of this section and prescribe and enforce such

15  rules as are necessary. District school boards shall enforce

16  the provisions of this section by suspending or, if necessary,

17  expelling any student in any public K-12 school who violates

18  this section.

19         Section 285.  Section 1006.141, Florida Statutes, is

20  created to read:

21         1006.141  Statewide school safety hotline.--

22         (1)  The department may contract with the Florida

23  Sheriffs Association to establish and operate a statewide

24  toll-free school safety hotline for the purpose of reporting

25  incidents that affect the safety and well-being of the

26  school's population.

27         (2)  The toll-free school safety hotline is to be a

28  conduit for any person to anonymously report activity that

29  affects the safety and well-being of the school's population.

30  

31  


                                 671

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (3)  There may not be an award or monetary benefit for

 2  reporting an incident through the toll-free school safety

 3  hotline.

 4         (4)  The toll-free school safety hotline shall be

 5  operated in a manner that ensures that a designated school

 6  official is notified of a complaint received through the

 7  hotline if the complaint concerns that school. A complaint

 8  that concerns an actionable offense must be reported to the

 9  designated official within a reasonable time after the

10  complaint is made. An actionable offense is an incident that

11  could directly affect the safety or well-being of a person or

12  property within a school.

13         (5)  If a toll-free school safety hotline is

14  established by contract with the Florida Sheriffs Association,

15  the Florida Sheriffs Association shall produce a quarterly

16  report that evaluates the incidents that have been reported to

17  the hotline. This information may be used to evaluate future

18  school safety educational needs and the need for prevention

19  programs as the district school board considers necessary.

20         Section 286.  Section 1006.145, Florida Statutes, is

21  created to read:

22         1006.145  Disturbing school functions; penalty.--Any

23  person not subject to the rules of a school who creates a

24  disturbance on the property or grounds of any school, who

25  commits any act that interrupts the orderly conduct of a

26  school or any activity thereof commits a misdemeanor of the

27  second degree, punishable as provided in s. 775.082 or s.

28  775.083.

29         Section 287.  Part I.d. of chapter 1006, Florida

30  Statutes, shall be entitled "Student Extracurricular

31  


                                 672

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Activities and Athletics" and shall consist of ss.

 2  1006.15-1006.20.

 3         Section 288.  Section 1006.15, Florida Statutes, is

 4  created to read:

 5         1006.15  Student standards for participation in

 6  interscholastic extracurricular student activities;

 7  regulation.--

 8         (1)  This section may be cited as the "Craig Dickinson

 9  Act."

10         (2)  Interscholastic extracurricular student activities

11  are an important complement to the academic curriculum.

12  Participation in a comprehensive extracurricular and academic

13  program contributes to student development of the social and

14  intellectual skills necessary to become a well-rounded adult.

15  As used in this section, the term "extracurricular" means any

16  school-authorized or education-related activity occurring

17  during or outside the regular instructional school day.

18         (3)(a)  To be eligible to participate in

19  interscholastic extracurricular student activities, a student

20  must:

21         1.  Maintain a grade point average of 2.0 or above on a

22  4.0 scale, or its equivalent, in the previous semester or a

23  cumulative grade point average of 2.0 or above on a 4.0 scale,

24  or its equivalent, in the courses required by s. 1003.43(1).

25         2.  Execute and fulfill the requirements of an academic

26  performance contract between the student, the district school

27  board, the appropriate governing association, and the

28  student's parents, if the student's cumulative grade point

29  average falls below 2.0, or its equivalent, on a 4.0 scale in

30  the courses required by s. 1003.43(1) or, for students who

31  entered the 9th grade prior to the 1997-1998 school year, if


                                 673

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the student's cumulative grade point average falls below 2.0

 2  on a 4.0 scale, or its equivalent, in the courses required by

 3  s. 1003.43(1) that are taken after July 1, 1997. At a minimum,

 4  the contract must require that the student attend summer

 5  school, or its graded equivalent, between grades 9 and 10 or

 6  grades 10 and 11, as necessary.

 7         3.  Have a cumulative grade point average of 2.0 or

 8  above on a 4.0 scale, or its equivalent, in the courses

 9  required by s. 1003.43(1) during his or her junior or senior

10  year.

11         4.  Maintain satisfactory conduct and, if a student is

12  convicted of, or is found to have committed, a felony or a

13  delinquent act which would have been a felony if committed by

14  an adult, regardless of whether adjudication is withheld, the

15  student's participation in interscholastic extracurricular

16  activities is contingent upon established and published

17  district school board policy.

18         (b)  Any student who is exempt from attending a full

19  school day based on rules adopted by the district school board

20  for double session schools or programs, experimental schools,

21  or schools operating under emergency conditions must maintain

22  the grade point average required by this section and pass each

23  class for which he or she is enrolled.

24         (c)  An individual home education student is eligible

25  to participate at the public school to which the student would

26  be assigned according to district school board attendance area

27  policies or which the student could choose to attend pursuant

28  to district or interdistrict controlled open enrollment

29  provisions, or may develop an agreement to participate at a

30  private school, in the interscholastic extracurricular

31  


                                 674

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  activities of that school, provided the following conditions

 2  are met:

 3         1.  The home education student must meet the

 4  requirements of the home education program pursuant to s.

 5  1002.41.

 6         2.  During the period of participation at a school, the

 7  home education student must demonstrate educational progress

 8  as required in paragraph (3)(b) in all subjects taken in the

 9  home education program by a method of evaluation agreed upon

10  by the parent and the school principal which may include:

11  review of the student's work by a certified teacher chosen by

12  the parent; grades earned through correspondence; grades

13  earned in courses taken at a community college, university, or

14  trade school; standardized test scores above the 35th

15  percentile; or any other method designated in s. 1002.41.

16         3.  The home education student must meet the same

17  residency requirements as other students in the school at

18  which he or she participates.

19         4.  The home education student must meet the same

20  standards of acceptance, behavior, and performance as required

21  of other students in extracurricular activities.

22         5.  The student must register with the school his or

23  her intent to participate in interscholastic extracurricular

24  activities as a representative of the school before the

25  beginning date of the season for the activity in which he or

26  she wishes to participate. A home education student must be

27  able to participate in curricular activities if that is a

28  requirement for an extracurricular activity.

29         6.  A student who transfers from a home education

30  program to a public school before or during the first grading

31  period of the school year is academically eligible to


                                 675

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  participate in interscholastic extracurricular activities

 2  during the first grading period provided the student has a

 3  successful evaluation from the previous school year, pursuant

 4  to subparagraph (3)(c)2.

 5         7.  Any public school or private school student who has

 6  been unable to maintain academic eligibility for participation

 7  in interscholastic extracurricular activities is ineligible to

 8  participate in such activities as a home education student

 9  until the student has successfully completed one grading

10  period in home education pursuant to subparagraph (3)(c)2. to

11  become eligible to participate as a home education student.

12         (d)  An individual charter school student pursuant to

13  s. 1002.33 is eligible to participate at the public school to

14  which the student would be assigned according to district

15  school board attendance area policies or which the student

16  could choose to attend, pursuant to district or interdistrict

17  controlled open-enrollment provisions, in any interscholastic

18  extracurricular activity of that school, unless such activity

19  is provided by the student's charter school, if the following

20  conditions are met:

21         1.  The charter school student must meet the

22  requirements of the charter school education program as

23  determined by the charter school governing board.

24         2.  During the period of participation at a school, the

25  charter school student must demonstrate educational progress

26  as required in paragraph (b).

27         3.  The charter school student must meet the same

28  residency requirements as other students in the school at

29  which he or she participates.

30  

31  


                                 676

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         4.  The charter school student must meet the same

 2  standards of acceptance, behavior, and performance that are

 3  required of other students in extracurricular activities.

 4         5.  The charter school student must register with the

 5  school his or her intent to participate in interscholastic

 6  extracurricular activities as a representative of the school

 7  before the beginning date of the season for the activity in

 8  which he or she wishes to participate. A charter school

 9  student must be able to participate in curricular activities

10  if that is a requirement for an extracurricular activity.

11         6.  A student who transfers from a charter school

12  program to a traditional public school before or during the

13  first grading period of the school year is academically

14  eligible to participate in interscholastic extracurricular

15  activities during the first grading period if the student has

16  a successful evaluation from the previous school year,

17  pursuant to subparagraph 2.

18         7.  Any public school or private school student who has

19  been unable to maintain academic eligibility for participation

20  in interscholastic extracurricular activities is ineligible to

21  participate in such activities as a charter school student

22  until the student has successfully completed one grading

23  period in a charter school pursuant to subparagraph 2. to

24  become eligible to participate as a charter school student.

25         (4)  The student standards for participation in

26  interscholastic extracurricular activities must be applied

27  beginning with the student's first semester of the 9th grade.

28  Each student must meet such other requirements for

29  participation as may be established by the district school

30  board; however, a district school board may not establish

31  requirements for participation in interscholastic


                                 677

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  extracurricular activities which make participation in such

 2  activities less accessible to home education students than to

 3  other students. Except as set forth in paragraph (3)(c),

 4  evaluation processes or requirements that are placed on home

 5  education student participants may not go beyond those that

 6  apply under s. 1002.41 to home education students generally.

 7         (5)  Any organization or entity that regulates or

 8  governs interscholastic extracurricular activities of public

 9  schools:

10         (a)  Shall permit home education associations to join

11  as member schools.

12         (b)  Shall not discriminate against any eligible

13  student based on an educational choice of public, private, or

14  home education.

15         (6)  Public schools are prohibited from membership in

16  any organization or entity which regulates or governs

17  interscholastic extracurricular activities and discriminates

18  against eligible students in public, private, or home

19  education.

20         (7)  Any insurance provided by district school boards

21  for participants in extracurricular activities shall cover the

22  participating home education student. If there is an

23  additional premium for such coverage, the participating home

24  education student shall pay the premium.

25         Section 289.  Section 1006.16, Florida Statutes, is

26  created to read:

27         1006.16  Insuring school students engaged in athletic

28  activities against injury.--Any district school board, school

29  athletic association, or school may formulate, conduct, and

30  purchase a plan or method of insuring, or may self-insure,

31  school students against injury sustained by reason of such


                                 678

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  students engaging and participating in the athletic activities

 2  conducted or sponsored by the district school board,

 3  association, or school in which such students are enrolled. A

 4  district school board, school athletic association, or school

 5  may add a surcharge to the fee charged for admission to

 6  athletic events as a means of producing revenue to purchase

 7  such insurance or to provide self-insurance. Any district

 8  school board may pay for all or part of such plan or method of

 9  insurance or self-insurance from available district school

10  board funds.

11         Section 290.  Section 1006.17, Florida Statutes, is

12  created to read:

13         1006.17  Sponsorship of athletic activities similar to

14  those for which scholarships offered; rulemaking.--

15         (1)  If a district school board sponsors an athletic

16  activity or sport that is similar to a sport for which a state

17  university or public community college offers an athletic

18  scholarship, it must sponsor the athletic activity or sport

19  for which a scholarship is offered. This section does not

20  affect academic requirements for participation or prevent the

21  school districts or community colleges from sponsoring

22  activities in addition to those for which scholarships are

23  provided.

24         (2)  If a Florida public community college sponsors an

25  athletic activity or sport that is similar to a sport for

26  which a state university offers an athletic scholarship, it

27  must sponsor the athletic activity or sport for which a

28  scholarship is offered.

29         (3)  Two athletic activities or sports that are similar

30  may be offered simultaneously.

31  


                                 679

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (4)  If the level of participation is insufficient to

 2  warrant continuation of an athletic activity or sport, the

 3  school may offer an alternative athletic activity or sport.

 4         (5)  The State Board of Education shall adopt rules to

 5  administer this section, including rules that determine which

 6  athletic activities are similar to sports for which state

 7  universities and community colleges offer scholarships.

 8         Section 291.  Section 1006.18, Florida Statutes, is

 9  created to read:

10         1006.18  Cheerleader safety standards.--The Florida

11  High School Activities Association or successor organization

12  shall adopt statewide uniform safety standards for student

13  cheerleaders and spirit groups that participate in any school

14  activity or extracurricular student activity. The Florida High

15  School Activities Association or successor organization shall

16  adopt the "Official High School Spirit Rules," published by

17  the National Federation of State High School Associations, as

18  the statewide uniform safety standards.

19         Section 292.  Section 1006.19, Florida Statutes, is

20  created to read:

21         1006.19  Audit of records of nonprofit corporations and

22  associations handling interscholastic activities.--

23         (1)  Each nonprofit association or corporation that

24  operates for the purpose of supervising and controlling

25  interscholastic activities of public high schools and whose

26  membership is composed of duly certified representatives of

27  public high schools, and whose rules and regulations are

28  established by members thereof, shall have an annual financial

29  audit of its accounts and records by an independent certified

30  public accountant retained by it and paid from its funds. The

31  


                                 680

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  accountant shall furnish a copy of the audit report to the

 2  Auditor General.

 3         (2)  Any such nonprofit association or corporation

 4  shall keep adequate and complete records of all moneys

 5  received by it, including the source and amount, and all

 6  moneys spent by it, including salaries, fees, expenses, travel

 7  allowances, and all other items of expense.  All records of

 8  any such organization shall be open for inspection by the

 9  Auditor General.

10         Section 293.  Section 1006.20, Florida Statutes, is

11  created to read:

12         1006.20  Athletics in public K-12 schools.--

13         (1)  GOVERNING NONPROFIT ORGANIZATION.--The Florida

14  High School Activities Association is designated as the

15  governing nonprofit organization of athletics in Florida

16  public schools. If the Florida High School Activities

17  Association fails to meet the provisions of this section, the

18  commissioner shall designate a nonprofit organization to

19  govern athletics with the approval of the State Board of

20  Education. The organization is not to be a state agency as

21  defined in s. 120.52. The organization shall be subject to the

22  provisions of s. 1006.19. A private school that wishes to

23  engage in high school athletic competition with a public high

24  school may become a member of the organization. The bylaws of

25  the organization are to be the rules by which high school

26  athletic programs in its member schools, and the students who

27  participate in them, are governed, unless otherwise

28  specifically provided by statute. For the purposes of this

29  section, "high school" includes grades 6 through 12.

30         (2)  ADOPTION OF BYLAWS.--

31  


                                 681

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (a)  The organization shall adopt bylaws that, unless

 2  specifically provided by statute, establish eligibility

 3  requirements for all students who participate in high school

 4  athletic competition in its member schools. The bylaws

 5  governing residence and transfer shall allow the student to be

 6  eligible in the school in which he or she first enrolls each

 7  school year, or makes himself or herself a candidate for an

 8  athletic team by engaging in a practice prior to enrolling in

 9  any member school. The student shall be eligible in that

10  school so long as he or she remains enrolled in that school.

11  Subsequent eligibility shall be determined and enforced

12  through the organization's bylaws.

13         (b)  The organization shall adopt bylaws that

14  specifically prohibit the recruiting of students for athletic

15  purposes. The bylaws shall prescribe penalties and an appeals

16  process for athletic recruiting violations.

17         (c)  The organization shall adopt bylaws that require

18  all students participating in interscholastic athletic

19  competition or who are candidates for an interscholastic

20  athletic team to satisfactorily pass a medical evaluation each

21  year prior to participating in interscholastic athletic

22  competition or engaging in any practice, tryout, workout, or

23  other physical activity associated with the student's

24  candidacy for an interscholastic athletic team. Such medical

25  evaluation can only be administered by a practitioner licensed

26  under the provisions of chapter 458, chapter 459, chapter 460,

27  or s. 464.012, and in good standing with the practitioner's

28  regulatory board. The bylaws shall establish requirements for

29  eliciting a student's medical history and performing the

30  medical evaluation required under this paragraph, which shall

31  include minimum standards for the physical capabilities


                                 682

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  necessary for participation in interscholastic athletic

 2  competition as contained in a uniform preparticipation

 3  physical evaluation form. The evaluation form shall provide a

 4  place for the signature of the practitioner performing the

 5  evaluation with an attestation that each examination procedure

 6  listed on the form was performed by the practitioner or by

 7  someone under the direct supervision of the practitioner. The

 8  form shall also contain a place for the practitioner to

 9  indicate if a referral to another practitioner was made in

10  lieu of completion of a certain examination procedure. The

11  form shall provide a place for the practitioner to whom the

12  student was referred to complete the remaining sections and

13  attest to that portion of the examination. The

14  preparticipation physical evaluation form shall advise

15  students to complete a cardiovascular assessment and shall

16  include information concerning alternative cardiovascular

17  evaluation and diagnostic tests. Practitioners administering

18  medical evaluations pursuant to this subsection must know the

19  minimum standards established by the organization and certify

20  that the student meets the standards. If the practitioner

21  determines that there are any abnormal findings in the

22  cardiovascular system, the student may not participate unless

23  a subsequent EKG or other cardiovascular assessment indicates

24  that the abnormality will not place the student at risk during

25  such participation. Results of such medical evaluation must be

26  provided to the school. No student shall be eligible to

27  participate in any interscholastic athletic competition or

28  engage in any practice, tryout, workout, or other physical

29  activity associated with the student's candidacy for an

30  interscholastic athletic team until the results of the medical

31  evaluation verifying that the student has satisfactorily


                                 683

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  passed the evaluation have been received and approved by the

 2  school.

 3         (d)  Notwithstanding the provisions of paragraph (c), a

 4  student may participate in interscholastic athletic

 5  competition or be a candidate for an interscholastic athletic

 6  team if the parent of the student objects in writing to the

 7  student undergoing a medical evaluation because such

 8  evaluation is contrary to his or her religious tenets or

 9  practices. However, in such case, there shall be no liability

10  on the part of any person or entity in a position to otherwise

11  rely on the results of such medical evaluation for any damages

12  resulting from the student's injury or death arising directly

13  from the student's participation in interscholastic athletics

14  where an undisclosed medical condition that would have been

15  revealed in the medical evaluation is a proximate cause of the

16  injury or death.

17         (3)  GOVERNING STRUCTURE OF THE ORGANIZATION.--

18         (a)  The organization shall operate as a representative

19  democracy in which the sovereign authority is within its

20  member schools. Except as provided in this section, the

21  organization shall govern its affairs through its bylaws.

22         (b)  Each member school, on its annual application for

23  membership, shall name its official representative to the

24  organization. This representative must be either the school

25  principal or his or her designee. That designee must either be

26  an assistant principal or athletic director housed within that

27  same school.

28         (c)  The organization's membership shall be divided

29  along existing county lines into four contiguous and compact

30  administrative regions, each containing an equal or nearly

31  equal number of member schools to ensure equitable


                                 684

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  representation on the organization's board of directors,

 2  representative assembly, and committee on appeals.

 3         (4)  BOARD OF DIRECTORS.--

 4         (a)  The executive authority of the organization shall

 5  be vested in its board of directors. The board of directors

 6  shall be composed of 15 persons, as follows:

 7         1.  Four public member school representatives, one

 8  elected from among its public school representative members

 9  within each of the four administrative regions.

10         2.  Four nonpublic member school representatives, one

11  elected from among its nonpublic school representative members

12  within each of the four administrative regions.

13         3.  Two representatives appointed by the commissioner,

14  one appointed from the two northernmost administrative regions

15  and one appointed from the two southernmost administrative

16  regions.

17         4.  Two district school superintendents, one elected

18  from the two northernmost administrative regions by the

19  members in those regions and one elected from the two

20  southernmost administrative regions by the members in those

21  regions.

22         5.  Two district school board members, one elected from

23  the two northernmost administrative regions by the members in

24  those regions and one elected from the two southernmost

25  administrative regions by the members in those regions.

26         6.  The commissioner or his or her designee from the

27  department executive staff.

28         (b)  A quorum of the board of directors shall consist

29  of nine members.

30  

31  


                                 685

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (c)  The board of directors shall elect a president and

 2  a vice president from among its members. These officers shall

 3  also serve as officers of the organization.

 4         (d)  Members of the board of directors shall serve

 5  terms of 3 years and are eligible to succeed themselves only

 6  once.  A member of the board of directors, other than the

 7  commissioner or his or her designee, may serve a maximum of 6

 8  consecutive years. The organization's bylaws shall establish a

 9  rotation of terms to ensure that a majority of the members'

10  terms do not expire concurrently.

11         (e)  The authority and duties of the board of

12  directors, acting as a body and in accordance with the

13  organization's bylaws, are as follows:

14         1.  To act as the incorporated organization's board of

15  directors and to fulfill its obligations as required by the

16  organization's charter and articles of incorporation.

17         2.  To establish such guidelines, regulations,

18  policies, and procedures as are authorized by the bylaws.

19         3.  To provide an organization commissioner, who shall

20  have the authority to waive the bylaws of the organization in

21  order to comply with statutory changes.

22         4.  To levy annual dues and other fees and to set the

23  percentage of contest receipts to be collected by the

24  organization.

25         5.  To approve the budget of the organization.

26         6.  To organize and conduct statewide interscholastic

27  competitions, which may or may not lead to state

28  championships, and to establish the terms and conditions for

29  these competitions.

30         7.  To act as an administrative board in the

31  interpretation of, and final decision on, all questions and


                                 686

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  appeals arising from the directing of interscholastic

 2  athletics of member schools.

 3         (5)  REPRESENTATIVE ASSEMBLY.--

 4         (a)  The legislative authority of the organization is

 5  vested in its representative assembly.

 6         (b)  The representative assembly shall be composed of

 7  the following:

 8         1.  An equal number of member school representatives

 9  from each of the four administrative regions.

10         2.  Four district school superintendents, one elected

11  from each of the four administrative regions by the district

12  school superintendents in their respective administrative

13  regions.

14         3.  Four district school board members, one elected

15  from each of the four administrative regions by the district

16  school board members in their respective administrative

17  regions.

18         4.  The commissioner or his or her designee from the

19  department executive staff.

20         (c)  The organization's bylaws shall establish the

21  number of member school representatives to serve in the

22  representative assembly from each of the four administrative

23  regions and shall establish the method for their selection.

24         (d)  No member of the board of directors other than the

25  commissioner or his or her designee can serve in the

26  representative assembly.

27         (e)  The representative assembly shall elect a

28  chairperson and a vice chairperson from among its members.

29         (f)  Elected members of the representative assembly

30  shall serve terms of 2 years and are eligible to succeed

31  themselves for two additional terms. An elected member, other


                                 687

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  than the commissioner or his or her designee, may serve a

 2  maximum of 6 consecutive years in the representative assembly.

 3         (g)  A quorum of the representative assembly consists

 4  of one more than half of its members.

 5         (h)  The authority of the representative assembly is

 6  limited to its sole duty, which is to consider, adopt, or

 7  reject any proposed amendments to the organization's bylaws.

 8         (i)  The representative assembly shall meet as a body

 9  annually. A two-thirds majority of the votes cast by members

10  present is required for passage of any proposal.

11         (6)  PUBLIC LIAISON ADVISORY COMMITTEE.--

12         (a)  The organization shall establish, sustain, fund,

13  and provide staff support to a public liaison advisory

14  committee composed of the following:

15         1.  The commissioner or his or her designee.

16         2.  A member public school principal.

17         3.  A member private school principal.

18         4.  A member school principal who is a member of a

19  racial minority.

20         5.  An active athletic director.

21         6.  An active coach, who is employed full time by a

22  member school.

23         7.  A student athlete.

24         8.  A district school superintendent.

25         9.  A district school board member.

26         10.  A member of the Florida House of Representatives.

27         11.  A member of the Florida Senate.

28         12.  A parent of a high school student.

29         13.  A member of a home education association.

30         14.  A representative of the business community.

31         15.  A representative of the news media.


                                 688

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  No member of the board of directors, committee on

 2  appeals, or representative assembly is eligible to serve on

 3  the public liaison advisory committee.

 4         (c)  The public liaison advisory committee shall elect

 5  a chairperson and vice chairperson from among its members.

 6         (d)  The authority and duties of the public liaison

 7  advisory committee are as follows:

 8         1.  To act as a conduit through which the general

 9  public may have input into the decisionmaking process of the

10  organization and to assist the organization in the development

11  of procedures regarding the receipt of public input and

12  disposition of complaints related to high school athletic and

13  competition programs.

14         2.  To conduct public hearings annually in each of the

15  four administrative regions during which interested parties

16  may address issues regarding the effectiveness of the rules,

17  operation, and management of the organization.

18         3.  To conduct an annual evaluation of the organization

19  as a whole and present a report of its findings, conclusion,

20  and recommendations to the board of directors, to the

21  commissioner, and to the respective education committees of

22  the Florida Senate and the Florida House of Representatives.

23  The recommendations must delineate policies and procedures

24  that will improve the implementation and oversight of high

25  school athletic programs by the organization.

26         (e)  The public liaison advisory committee shall meet

27  four times annually. Additional meetings may be called by the

28  committee chairperson, the organization president, or the

29  organization commissioner.

30         (7)  APPEALS.--

31  


                                 689

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (a)  The organization shall establish a procedure of

 2  due process which ensures each student the opportunity to

 3  appeal an unfavorable ruling with regard to his or her

 4  eligibility to compete. The initial appeal shall be made to a

 5  committee on appeals within the administrative region in which

 6  the student lives. The organization's bylaws shall establish

 7  the number, size, and composition of the committee on appeals.

 8         (b)  No member of the board of directors is eligible to

 9  serve on the committee on appeals.

10         (c)  Members of the committee on appeals shall serve

11  terms of 3 years and are eligible to succeed themselves only

12  once. A member of the committee on appeals may serve a maximum

13  of 6 consecutive years. The organization's bylaws shall

14  establish a rotation of terms to ensure that a majority of the

15  members' terms do not expire concurrently.

16         (d)  The authority and duties of the committee on

17  appeals shall be to consider requests by member schools

18  seeking exceptions to bylaws and regulations, to hear undue

19  hardship eligibility cases filed by member schools on behalf

20  of student athletes, and to hear appeals filed by member

21  schools.

22         (e)  A student athlete or member school that receives

23  an unfavorable ruling from a committee on appeals shall be

24  entitled to appeal that decision to the board of directors at

25  its next regularly scheduled meeting or called meeting. The

26  board of directors shall have the authority to uphold,

27  reverse, or amend the decision of the committee on appeals. In

28  all such cases, the decision of the board of directors shall

29  be final.

30         (8)  AMENDMENT OF BYLAWS.--Each member school

31  representative, the board of directors acting as a whole or as


                                 690

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  members acting individually, any advisory committee acting as

 2  a whole to be established by the organization, and the

 3  organization's commissioner are empowered to propose

 4  amendments to the bylaws. Any other individual may propose an

 5  amendment by securing the sponsorship of any of the

 6  aforementioned individuals or bodies. All proposed amendments

 7  must be submitted directly to the representative assembly for

 8  its consideration. The representative assembly, while

 9  empowered to adopt, reject, or revise proposed amendments, may

10  not, in and of itself, as a body be allowed to propose any

11  amendment for its own consideration.

12         (9)  RULES ADOPTION.--The bylaws of the organization

13  shall require member schools to adopt rules for sports, which

14  have been established by a nationally recognized sanctioning

15  body, unless waived by at least a two-thirds vote of the board

16  of directors.

17         (10)  EXAMINATION; CRITERIA; REPORT.--The board of

18  directors of the Florida High School Activities Association

19  shall undertake an examination of the following:

20         (a)  Alternative criteria for establishing

21  administrative regions to include, but not be limited to,

22  population.

23         (b)  Procedures to ensure appropriate diversity in the

24  membership of the board of directors.

25         (c)  Opportunities to secure corporate financial

26  support for high school athletic programs.

27  

28  The board of directors shall submit to the commissioner, the

29  President of the Senate, and the Speaker of the House of

30  Representatives not later than March 1, 2003, a report on the

31  actions taken in the examination of each of the three topics


                                 691

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  listed in this subsection, the findings, and the actions to be

 2  taken to implement the findings and the target date for

 3  implementation.

 4         Section 294.  Part I.e. of chapter 1006, Florida

 5  Statutes, shall be entitled "Transportation of Public K-12

 6  Students" and shall consist of ss. 1006.21-1006.27.

 7         Section 295.  Section 1006.21, Florida Statutes, is

 8  created to read:

 9         1006.21  Duties of district school superintendent and

10  district school board regarding transportation.--

11         (1)  The district school superintendent shall ascertain

12  which students should be transported to school or to school

13  activities, determine the most effective arrangement of

14  transportation routes to accommodate these students; recommend

15  such routing to the district school board; recommend plans and

16  procedures for providing facilities for the economical and

17  safe transportation of students; recommend such rules and

18  regulations as may be necessary and see that all rules and

19  regulations relating to the transportation of students

20  approved by the district school board, as well as regulations

21  of the state board, are properly carried into effect, as

22  prescribed in this chapter.

23         (2)  After considering recommendations of the district

24  school superintendent, the district school board shall make

25  provision for the transportation of students to the public

26  schools or school activities they are required or expected to

27  attend; authorize transportation routes arranged efficiently

28  and economically; provide the necessary transportation

29  facilities, and, when authorized under rules of the State

30  Board of Education and if more economical to do so, provide

31  limited subsistence in lieu thereof; and adopt the necessary


                                 692

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  rules and regulations to ensure safety, economy, and

 2  efficiency in the operation of all buses, as prescribed in

 3  this chapter.

 4         (3)  District school boards, after considering

 5  recommendations of the district school superintendent:

 6         (a)  Shall provide transportation for each student in

 7  prekindergarten disability programs and in kindergarten

 8  through grade 12 membership in a public school when, and only

 9  when, transportation is necessary to provide adequate

10  educational facilities and opportunities which otherwise would

11  not be available and to transport students whose homes are

12  more than a reasonable walking distance, as defined by rules

13  of the State Board of Education, from the nearest appropriate

14  school.

15         (b)  Shall provide transportation for public elementary

16  school students in membership whose grade level does not

17  exceed grade 6, and may provide transportation for public

18  school students in membership in grades 7 through 12, if such

19  students are subjected to hazardous walking conditions as

20  provided in s. 1006.23 while en route to or from school.

21         (c)  May provide transportation for public school

22  migrant, exceptional, nursery, and other public school

23  students in membership below kindergarten; kindergarten

24  through grade 12 students in membership in a public school;

25  and adult students in membership in adult career and

26  technical, basic, and high school graduation programs in a

27  public school when, and only when, transportation is necessary

28  to provide adequate educational facilities and opportunities

29  which otherwise would not be available.

30  

31  


                                 693

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (d)  May provide transportation for the transportation

 2  disadvantaged as defined in s. 427.011 and for other

 3  school-age children as provided for in s. 1006.261.

 4         (e)  Shall provide necessary transportation to pregnant

 5  students or student parents, and the children of those

 6  students, when the district school board operates a teenage

 7  parent program pursuant to s. 1003.54.

 8         (f)  May provide transportation for other persons to

 9  events or activities in which the district school board or

10  school has agreed to participate or cosponsor. The district

11  school board shall adopt a policy to address liability for

12  trips pursuant to this paragraph.

13         (g)  May provide transportation for welfare transition

14  program participants as defined in s. 414.0252.

15         (4)  In each case in which transportation of students

16  is impracticable in the opinion of the district school board,

17  the district school board may take steps for making available

18  educational facilities as are authorized by law or rule of the

19  State Board of Education and as, in the opinion of the

20  district school board, are practical.

21         Section 296.  Section 1006.22, Florida Statutes, is

22  created to read:

23         1006.22  Safety and health of students being

24  transported.--Maximum regard for safety and adequate

25  protection of health are primary requirements that must be

26  observed by district school boards in routing buses,

27  appointing drivers, and providing and operating equipment, in

28  accordance with all requirements of law and rules of the State

29  Board of Education in providing transportation pursuant to s.

30  1006.21:

31  


                                 694

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (1)  District school boards shall use school buses, as

 2  defined in s. 1006.25, for all regular transportation. Regular

 3  transportation or regular use means transportation of students

 4  to and from school or school-related activities that are part

 5  of a scheduled series or sequence of events to the same

 6  location. "Students" means, for the purposes of this section,

 7  students enrolled in the public schools in prekindergarten

 8  disability programs and in kindergarten through grade 12.

 9  District school boards may regularly use motor vehicles other

10  than school buses only under the following conditions:

11         (a)  When the transportation is for physically

12  handicapped or isolated students and the district school board

13  has elected to provide for the transportation of the student

14  through written or oral contracts or agreements.

15         (b)  When the transportation is a part of a

16  comprehensive contract for a specialized educational program

17  between a district school board and a service provider who

18  provides instruction, transportation, and other services.

19         (c)  When the transportation is provided through a

20  public transit system.

21         (d)  When the transportation of students is necessary

22  or practical in a motor vehicle owned or operated by a

23  district school board other than a school bus, such

24  transportation must be provided in designated seating

25  positions in a passenger car not to exceed 8 students or in a

26  multipurpose passenger vehicle designed to transport 10 or

27  fewer persons which meets all applicable federal motor vehicle

28  safety standards. Multipurpose passenger vehicles classified

29  as utility vehicles with a wheelbase of 110 inches or less

30  which are required by federal motor vehicle standards to

31  display a rollover warning label may not be used.


                                 695

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  

 2  When students are transported in motor vehicles, the occupant

 3  crash protection system provided by the vehicle manufacturer

 4  must be used unless the student's physical condition prohibits

 5  such use.

 6         (2)  Except as provided in subsection (1), district

 7  school boards may authorize the transportation of students in

 8  privately owned motor vehicles on a case-by-case basis only in

 9  the following circumstances:

10         (a)  When a student is ill or injured and must be taken

11  home or to a medical treatment facility under nonemergency

12  circumstances; and

13         1.  The school has been unable to contact the student's

14  parent or the parent or responsible adult designated by the

15  parent is not available to provide the transportation;

16         2.  Proper adult supervision of the student is

17  available at the location to which the student is being

18  transported;

19         3.  The transportation is approved by the school

20  principal, or a school administrator designated by the

21  principal to grant or deny such approval, or in the absence of

22  the principal and designee, by the highest ranking school

23  administrator or teacher available under the circumstances;

24  and

25         4.  If the school has been unable to contact the parent

26  prior to the transportation, the school shall continue to seek

27  to contact the parent until the school is able to notify the

28  parent of the transportation and the pertinent circumstances.

29         (b)  When the transportation is in connection with a

30  school function or event regarding which the district school

31  


                                 696

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  board or school has undertaken to participate or to sponsor or

 2  provide the participation of students; and

 3         1.  The function or event is a single event that is not

 4  part of a scheduled series or sequence of events to the same

 5  location, such as, but not limited to, a field trip, a

 6  recreational outing, an interscholastic competition or

 7  cooperative event, an event connected with an extracurricular

 8  activity offered by the school, or an event connected to an

 9  educational program, such as, but not limited to, a job

10  interview as part of a cooperative education program;

11         2.  Transportation is not available, as a practical

12  matter, using a school bus or school district passenger car;

13  and

14         3.  Each student's parent is notified, in writing,

15  regarding the transportation arrangement and gives written

16  consent before a student is transported in a privately owned

17  motor vehicle.

18         (c)  When a district school board requires employees

19  such as school social workers and attendance officers to use

20  their own motor vehicles to perform duties of employment, and

21  such duties include the occasional transportation of students.

22         (3)  When approval is granted for the transportation of

23  students in a privately owned vehicle, the provisions of s.

24  1006.24 regarding liability for tort claims are applicable.

25  District school board employees who provide approved

26  transportation in privately owned vehicles are acting within

27  the scope of their employment. Parents or other responsible

28  adults who provide approved transportation in privately owned

29  vehicles have the same exposure to, and protections from,

30  risks of personal liability as do district school board

31  employees acting within the scope of their employment.


                                 697

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (4)  Each district school board may establish policies

 2  that restrict the use of privately owned motor vehicles to

 3  circumstances that are more limited than are described in this

 4  section or that prohibit such use. Each district school board

 5  may establish written policies that provide for more extensive

 6  requirements for approval, parental notification and consent

 7  procedures, insurance coverage, driver qualifications, or a

 8  combination of these.

 9         (5)  When transportation is authorized in privately

10  owned vehicles, students may be transported only in designated

11  seating positions and must use the occupant crash protection

12  system provided by the vehicle manufacturer.

13         (6)  District school boards may contract with a common

14  carrier to transport students to and from in-season and

15  postseason athletic contests and to and from a school function

16  or event in which the district school board or a school has

17  undertaken to participate or to provide for or sponsor the

18  participation of students.

19         (7)  Transportation for adult students may be provided

20  by any appropriate means as authorized by the district school

21  board when the transportation is accepted as a responsibility

22  by the district school board as provided in s. 1006.21.

23         (8)  Notwithstanding any other provision of this

24  section, in an emergency situation that constitutes an

25  imminent threat to student health or safety, school personnel

26  may take whatever action is necessary under the circumstances

27  to protect student health and safety.

28         (9)  Except as provided in s. 1006.261, transportation

29  is not the responsibility of the district school board in

30  connection with any event or activity that is not an event or

31  activity offered by the district school board or an event or


                                 698

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  an activity in which the district school board or school has

 2  agreed to participate, cosponsor, or require the participation

 3  of students, and the district school board has no liability

 4  for transportation arranged and provided by parents or other

 5  parties to such events or activities.

 6         (10)  Each district school board shall designate and

 7  adopt a specific plan for adequate examination, maintenance,

 8  and repair of transportation equipment. Examination of the

 9  mechanical and safety condition of each school bus must be

10  made as required pursuant to rule of the State Board of

11  Education. The State Board of Education shall base the rule on

12  student safety considerations.

13         (11)  The district school superintendent shall notify

14  the district school board of any school bus that does not meet

15  all requirements of law and rules of the State Board of

16  Education, and the district school board shall, if the school

17  bus is in an unsafe condition, withdraw it from use as a

18  school bus until the bus meets the requirements. The

19  department may inspect or have inspected any school bus to

20  determine whether the bus meets requirements of law and rules

21  of the State Board of Education. The department may, after due

22  notice to a district school board that any school bus does not

23  meet certain requirements of law and rules of the State Board

24  of Education, rule that the bus must be withdrawn from use as

25  a school bus, this ruling to be effective immediately or upon

26  a date specified in the ruling, whereupon the district school

27  board shall withdraw the school bus from use as a school bus

28  until it meets requirements of law and rules of the State

29  Board of Education and until the department has officially

30  revoked the pertinent ruling. Notwithstanding any other

31  provisions of this chapter, general purpose urban transit


                                 699

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  systems are declared qualified to transport students to and

 2  from school.

 3         (12)(a)  The routing and scheduling of school buses

 4  must be planned to eliminate the necessity for students to

 5  stand while a school bus is in motion. When circumstances of

 6  an emergency nature, as defined by written district school

 7  board policy, temporarily require transporting students on

 8  school buses in excess of the rated seating capacity, the

 9  buses must proceed at a reduced rate of speed to maximize

10  safety of the students, taking into account existing traffic

11  conditions. Each district school board is responsible for

12  prompt relief of the emergency condition by providing

13  additional equipment, bus rerouting, bus rescheduling, or

14  other appropriate remedial action, and must maintain written

15  district school board policies to address such situations.

16         (b)  Each district school board, after considering

17  recommendations from the district school superintendent, shall

18  designate, by map or otherwise, or shall provide by district

19  school board rule for the designation of, nontransportation

20  zones that are composed of all areas in the school district

21  from which it is unnecessary or impracticable to furnish

22  transportation. Nontransportation zones must be designated

23  annually before the opening of school and the designation of

24  bus routes for the succeeding school year. Each district

25  school board, after considering recommendations from the

26  district school superintendent, shall specifically designate,

27  or shall provide by district school board rule for the

28  designation of, specific routes to be traveled regularly by

29  school buses, and each route must meet the requirements

30  prescribed by rules of the State Board of Education.

31  


                                 700

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (c)  Each district school board shall establish school

 2  bus stops, or provide by district school board rule for the

 3  establishment of school bus stops, as necessary at the most

 4  reasonably safe locations available. Where unusual traffic

 5  hazards exist at school bus stops on roads maintained by the

 6  state outside of municipalities, the Department of

 7  Transportation, in concurrence and cooperation with and upon

 8  request of the district school board, shall place signs at

 9  such bus stops warning motorists of the location of the stops.

10         (13)  The State Board of Education may adopt rules to

11  implement this section as are necessary or desirable in the

12  interest of student health and safety.

13         Section 297.  Section 1006.23, Florida Statutes, is

14  created to read:

15         1006.23  Hazardous walking conditions.--

16         (1)  DEFINITION.--As used in this section, "student"

17  means any public elementary school student whose grade level

18  does not exceed grade 6.

19         (2)  TRANSPORTATION; CORRECTION OF HAZARDS.--

20         (a)  It is intended that district school boards and

21  other governmental entities work cooperatively to identify

22  conditions that are hazardous along student walking routes to

23  school and that district school boards provide transportation

24  to students who would be subjected to such conditions. It is

25  further intended that state or local governmental entities

26  having jurisdiction correct such hazardous conditions within a

27  reasonable period of time.

28         (b)  Upon a determination pursuant to this section that

29  a condition is hazardous to students, the district school

30  board shall request a determination from the state or local

31  governmental entity having jurisdiction regarding whether the


                                 701

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  hazard will be corrected and, if so, regarding a projected

 2  completion date. State funds shall be allocated for the

 3  transportation of students subjected to such hazards, provided

 4  that such funding shall cease upon correction of the hazard or

 5  upon the projected completion date, whichever occurs first.

 6         (3)  IDENTIFICATION OF HAZARDOUS CONDITIONS.--When a

 7  request for review is made to the district school

 8  superintendent or the district school superintendent's

 9  designee concerning a condition perceived to be hazardous to

10  students in that district who live within the 2-mile limit and

11  who walk to school, such condition shall be inspected by a

12  representative of the school district and a representative of

13  the state or local governmental entity that has jurisdiction

14  over the perceived hazardous location. The district school

15  superintendent or his or her designee and the state or local

16  governmental entity or its representative shall then make a

17  final determination that is mutually agreed upon regarding

18  whether the hazardous condition meets the state criteria

19  pursuant to this section. The district school superintendent

20  or his or her designee shall report this final determination

21  to the department.

22         (4)  STATE CRITERIA FOR DETERMINING HAZARDOUS WALKING

23  CONDITIONS.--

24         (a)  Walkways parallel to the road.--

25         1.  It shall be considered a hazardous walking

26  condition with respect to any road along which students must

27  walk in order to walk to and from school if there is not an

28  area at least 4 feet wide adjacent to the road, having a

29  surface upon which students may walk without being required to

30  walk on the road surface. In addition, whenever the road along

31  which students must walk is uncurbed and has a posted speed


                                 702

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  limit of 55 miles per hour, the area as described above for

 2  students to walk upon shall be set off the road by no less

 3  than 3 feet from the edge of the road.

 4         2.  The provisions of subparagraph 1. do not apply when

 5  the road along which students must walk:

 6         a.  Is in a residential area which has little or no

 7  transient traffic;

 8         b.  Is a road on which the volume of traffic is less

 9  than 180 vehicles per hour, per direction, during the time

10  students walk to and from school; or

11         c.  Is located in a residential area and has a posted

12  speed limit of 30 miles per hour or less.

13         (b)  Walkways perpendicular to the road.--It shall be

14  considered a hazardous walking condition with respect to any

15  road across which students must walk in order to walk to and

16  from school:

17         1.  If the traffic volume on the road exceeds the rate

18  of 360 vehicles per hour, per direction (including all lanes),

19  during the time students walk to and from school and if the

20  crossing site is uncontrolled. For purposes of this

21  subsection, an "uncontrolled crossing site" is an intersection

22  or other designated crossing site where no crossing guard,

23  traffic enforcement officer, or stop sign or other traffic

24  control signal is present during the times students walk to

25  and from school.

26         2.  If the total traffic volume on the road exceeds

27  4,000 vehicles per hour through an intersection or other

28  crossing site controlled by a stop sign or other traffic

29  control signal, unless crossing guards or other traffic

30  enforcement officers are also present during the times

31  students walk to and from school.


                                 703

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  

 2  Traffic volume shall be determined by the most current traffic

 3  engineering study conducted by a state or local governmental

 4  agency.

 5         Section 298.  Section 1006.24, Florida Statutes, is

 6  created to read:

 7         1006.24  Tort liability; liability insurance.--

 8         (1)  Each district school board shall be liable for

 9  tort claims arising out of any incident or occurrence

10  involving a school bus or other motor vehicle owned,

11  maintained, operated, or used by the district school board to

12  transport persons, to the same extent and in the same manner

13  as the state or any of its agencies or subdivisions is liable

14  for tort claims under s. 768.28, except that the total

15  liability to persons being transported for all claims or

16  judgments of such persons arising out of the same incident or

17  occurrence shall not exceed an amount equal to $5,000

18  multiplied by the rated seating capacity of the school bus or

19  other vehicle, as determined by rules of the State Board of

20  Education, or $100,000, whichever is greater. The provisions

21  of s. 768.28 apply to all claims or actions brought against

22  district school boards, as authorized in this subsection.

23         (2)  Each district school board may secure and keep in

24  force a medical payments plan or medical payments insurance on

25  school buses and other vehicles. If a medical payments plan or

26  insurance is provided, it shall be carried in a sum of no less

27  than $500 per person.

28         (3)  Expenses, costs, or premiums to protect against

29  liability for torts as provided in this section may be paid

30  from any available funds of the district school board.

31  


                                 704

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (4)  If vehicles used in transportation are not owned

 2  by the district school board, the district school board may

 3  require owners of such vehicles to show evidence of adequate

 4  insurance during the time that such vehicles are in the

 5  services of the district school board.

 6         Section 299.  Section 1006.25, Florida Statutes, is

 7  created to read:

 8         1006.25  School buses.--School buses shall be defined

 9  and meet specifications as follows:

10         (1)  DEFINITION.--For the purpose of this part, a

11  "school bus" is a motor vehicle regularly used for the

12  transportation of prekindergarten disability program and

13  kindergarten through grade 12 students of the public schools

14  to and from school or to and from school activities, and

15  owned, operated, rented, contracted, or leased by any district

16  school board, except:

17         (a)  Passenger cars, multipurpose passenger vehicles,

18  and trucks as defined in 49 C.F.R. part 571.

19         (b)  Motor vehicles subject to, and meeting all

20  requirements of, the United States Department of

21  Transportation, Federal Motor Carrier Safety Regulations under

22  Title 49, Code of Federal Regulations and operated by carriers

23  operating under the jurisdiction of these regulations but not

24  used exclusively for the transportation of public school

25  students.

26         (2)  SPECIFICATIONS.--Each school bus as defined in 49

27  C.F.R. part 571 and subsection (1) that is rented, leased,

28  purchased, or contracted for must meet the applicable federal

29  motor vehicle safety standards and other specifications as

30  prescribed by rules of the State Board of Education.

31  


                                 705

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (3)  STANDARDS FOR LEASED VEHICLES.--A motor vehicle

 2  owned and operated by a county or municipal transit authority

 3  that is leased by the district school board for transportation

 4  of public school students must meet such standards as the

 5  State Board of Education establishes by rule. A school bus

 6  authorized by a district school board to carry passengers

 7  other than school students must have the words "School Bus"

 8  and any other signs and insignia that mark or designate it as

 9  a school bus covered, removed, or otherwise concealed while

10  such passengers are being transported.

11         (4)  OCCUPANT PROTECTION SYSTEMS.--Students may be

12  transported only in designated seating positions, except as

13  provided in s. 1006.22(12), and must use the occupant crash

14  protection system provided by the manufacturer, which system

15  must comply with the requirements of 49 C.F.R. part 571 or

16  with specifications of the State Board of Education.

17         Section 300.  Section 1006.261, Florida Statutes, is

18  created to read:

19         1006.261  Use of school buses for public purposes.--

20         (1)(a)  Each district school board may enter into

21  agreements with the governing body of a county or municipality

22  in the school district or any state agency or agencies

23  established or identified to assist the transportation

24  disadvantaged, as defined in s. 427.011, including the

25  elderly, pursuant to Pub. L. No. 89-73, as amended, for the

26  use of the school buses of the school district by departments,

27  boards, commissions, or officers of such county or

28  municipality or of the state for county, municipal, or state

29  purposes, including transportation of the transportation

30  disadvantaged. Each such agreement shall provide for

31  reimbursement of the district school board, in full or in


                                 706

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  part, for the proportionate share of fixed and operating costs

 2  incurred by the district school board attributable to the use

 3  of the buses pursuant to the agreement.

 4         (b)  Each district school board may enter into

 5  agreements with regional workforce boards for the provision of

 6  transportation services to participants in the welfare

 7  transition program. Agreements must provide for reimbursement

 8  in full or in part for the proportionate share of fixed and

 9  operating costs incurred by the district school board

10  attributable to the use of buses in accordance with the

11  agreement.

12         (c)  Each district school board may enter into

13  agreements with nonprofit corporations and nonprofit civic

14  associations and groups to allow the use of school buses to

15  transport school-age children for activities sponsored by such

16  associations and groups, including, but not limited to, the

17  Girl Scouts, the Boy Scouts, 4-H Clubs, the Y.M.C.A., and

18  similar groups. The use of school buses for these activities

19  shall be pursuant to rules adopted by the district school

20  board and with compensation to the district school board at

21  least equal to the costs incurred by the board for such use.

22         (2)(a)  The governing body or state agency or agencies

23  established or identified pursuant to Pub. L. No. 89-73, or

24  the nonprofit corporation or nonprofit civic organization or

25  group, or an agency established or identified to assist the

26  transportation disadvantaged as defined in s. 427.011, shall

27  indemnify and hold harmless the district school board from any

28  and all liability by virtue of the use of the buses pursuant

29  to an agreement authorized by this section.

30         (b)  For purposes of liability for negligence, state

31  agencies or subdivisions as defined in s. 768.28(2) shall be


                                 707

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  covered by s. 768.28.  Every other corporation or organization

 2  shall provide liability insurance coverage in the minimum

 3  amounts of $100,000 on any claim or judgment and $200,000 on

 4  all claims and judgments arising from the same incident or

 5  occurrence.

 6         (3)  When the buses are used for nonschool purposes

 7  other than the transportation of the transportation

 8  disadvantaged, the flashing red lights and white strobe lights

 9  shall not be used, and the "School Bus" inscriptions on the

10  front and rear of the buses shall be covered or concealed.

11         Section 301.  Section 1006.27, Florida Statutes, is

12  created to read:

13         1006.27  Pooling of school buses and related purchases

14  by district school boards; transportation services

15  contracts.--

16         (1)  The department shall assist district school boards

17  in securing school buses, contractual needs, equipment, and

18  supplies at as reasonable prices as possible by providing a

19  plan under which district school boards may voluntarily pool

20  their bids for such purchases. The department shall prepare

21  bid forms and specifications, obtain quotations of prices and

22  make such information available to district school boards in

23  order to facilitate this service. District school boards from

24  time to time, as prescribed by State Board of Education rule,

25  shall furnish the department with information concerning the

26  prices paid for such items and the department shall furnish to

27  district school boards periodic information concerning the

28  lowest prices at which school buses, equipment, and related

29  supplies are available based upon comparable specifications.

30         (2)  If a contract between any district school board

31  and any person, business, or entity to provide the district


                                 708

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  school board with school bus service for the transportation of

 2  students in the district provides that the person, business,

 3  or entity shall own, operate, and maintain school buses for

 4  such service, the district school board may purchase the

 5  number of buses needed for the district through the department

 6  and sell them to the person, business, or entity as a part of

 7  the contract for such service.

 8         Section 302.  Part I.f. of chapter 1006, Florida

 9  Statutes, shall be entitled "Instructional Materials for K-12

10  Public Education" and shall consist of ss. 1006.28-1006.43.

11         Section 303.  Section 1006.28, Florida Statutes, is

12  created to read:

13         1006.28  Duties of district school board, district

14  school superintendent; and school principal regarding K-12

15  instructional materials.--

16         (1)  DISTRICT SCHOOL BOARD.--The district school board

17  has the duty to provide adequate instructional materials for

18  all students in accordance with the requirements of this part.

19  The term "adequate instructional materials" means a sufficient

20  number of textbooks or sets of materials serving as the basis

21  for instruction for each student in the core courses of

22  mathematics, language arts, social studies, science, reading,

23  and literature, except for instruction for which the school

24  advisory council approves the use of a program that does not

25  include a textbook as a major tool of instruction. The

26  district school board has the following specific duties:

27         (a)  Courses of study; adoption.--Adopt courses of

28  study for use in the schools of the district.

29         (b)  Textbooks.--Provide for proper requisitioning,

30  distribution, accounting, storage, care, and use of all

31  instructional materials furnished by the state and furnish


                                 709

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  such other instructional materials as may be needed. The

 2  district school board shall assure that instructional

 3  materials used in the district are consistent with the

 4  district goals and objectives and the curriculum frameworks

 5  adopted by rule of the State Board of Education, as well as

 6  with the state and district performance standards provided for

 7  in s. 1001.03(1).

 8         (c)  Other instructional materials.--Provide such other

 9  teaching accessories and aids as are needed for the school

10  district's educational program.

11         (d)  School library media services; establishment and

12  maintenance.--Establish and maintain a program of school

13  library media services for all public schools in the district,

14  including school library media centers, or school library

15  media centers open to the public, and, in addition such

16  traveling or circulating libraries as may be needed for the

17  proper operation of the district school system.

18         (2)  DISTRICT SCHOOL SUPERINTENDENT.--

19         (a)  The district school superintendent has the duty to

20  recommend such plans for improving, providing, distributing,

21  accounting for, and caring for textbooks and other

22  instructional aids as will result in general improvement of

23  the district school system, as prescribed in this part, in

24  accordance with adopted district school board rules

25  prescribing the duties and responsibilities of the district

26  school superintendent regarding the requisition, purchase,

27  receipt, storage, distribution, use, conservation, records,

28  and reports of, and management practices and property

29  accountability concerning, instructional materials, and

30  providing for an evaluation of any instructional materials to

31  be requisitioned that have not been used previously in the


                                 710

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  district's schools. The district school superintendent must

 2  keep adequate records and accounts for all financial

 3  transactions for funds collected pursuant to subsection (3),

 4  as a component of the educational service delivery scope in a

 5  school district best financial management practices review

 6  under s. 1008.35.

 7         (b)  Each district school superintendent shall notify

 8  the department by April 1 of each year the state-adopted

 9  instructional materials that will be requisitioned for use in

10  his or her school district. The notification shall include a

11  district school board plan for instructional materials use to

12  assist in determining if adequate instructional materials have

13  been requisitioned.

14         (3)  SCHOOL PRINCIPAL.--The school principal has the

15  following duties for the management and care of instructional

16  materials at the school:

17         (a)  Proper use of instructional materials.--The

18  principal shall assure that instructional materials are used

19  to provide instruction to students enrolled at the grade level

20  or levels for which the materials are designed, pursuant to

21  adopted district school board rule. The school principal shall

22  communicate to parents the manner in which instructional

23  materials are used to implement the curricular objectives of

24  the school.

25         (b)  Money collected for lost or damaged books;

26  enforcement.--The school principal shall collect from each

27  student or the student's parent the purchase price of any

28  instructional material the student has lost, destroyed, or

29  unnecessarily damaged and to report and transmit the money

30  collected to the district school superintendent. If

31  instructional materials lost, destroyed, or damaged have been


                                 711

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  in school use for more than 1 year, a sum ranging between 50

 2  and 75 percent of the purchase price of the book shall be

 3  collected, determined by the physical condition of the book.

 4  The failure to collect such sum upon reasonable effort by the

 5  school principal may result in the suspension of the student

 6  from participation in extracurricular activities or

 7  satisfaction of the debt by the student through community

 8  service activities at the school site as determined by the

 9  school principal, pursuant to policies adopted by district

10  school board rule.

11         (c)  Sale of instructional materials.--The school

12  principal, upon request of the parent of a student in the

13  school, shall sell to the parent any instructional materials

14  used in the school. All such sales shall be made pursuant to

15  rule adopted by the district school board, and the principal

16  shall annually provide information to parents that they may

17  purchase instructional materials and how to purchase the

18  materials.

19         (d)  Disposition of funds.--All money collected from

20  the sale, exchange, loss, or damage of instructional materials

21  shall be transmitted to the district school superintendent to

22  be deposited in the district school board fund and added to

23  the district appropriation for instructional materials.

24         (e)  Accounting for textbooks.--Principals shall see

25  that all books are fully and properly accounted for as

26  prescribed by adopted rules of the district school board.

27         Section 304.  Section 1006.29, Florida Statutes, is

28  created to read:

29         1006.29  State instructional materials committees.--

30         (1)  Each school year, not later than April 15, the

31  commissioner shall appoint state instructional materials


                                 712

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  committees composed of persons actively engaged in teaching or

 2  in the supervision of teaching in the public elementary,

 3  middle, or high schools and representing the major fields and

 4  levels in which instructional materials are used in the public

 5  schools and, in addition, lay citizens not professionally

 6  connected with education.  Committee members shall receive

 7  training pursuant to subsection (5) in competencies related to

 8  the evaluation and selection of instructional materials.

 9         (a)  There shall be ten or more members on each

10  committee: At least 50 percent of the members shall be

11  classroom teachers who are certified in an area directly

12  related to the academic area or level being considered for

13  adoption, two shall be laypersons, one shall be a district

14  school board member, and two shall be supervisors of teachers.

15  The committee must have the capacity or expertise to address

16  the broad racial, ethnic, socioeconomic, and cultural

17  diversity of the state's student population.  Personnel

18  selected as teachers of the year at the school, district,

19  regional, or state level are encouraged to serve on

20  instructional materials committees.

21         (b)  The membership of each committee must reflect the

22  broad racial, ethnic, socioeconomic, and cultural diversity of

23  the state, including a balanced representation from the

24  state's geographic regions.

25         (c)  The commissioner shall determine annually the

26  areas in which instructional materials shall be submitted for

27  adoption, taking into consideration the desires of the

28  district school boards. The commissioner shall also determine

29  the number of titles to be adopted in each area.

30         (2)(a)  All appointments shall be as prescribed in this

31  section.  No member shall serve more than two consecutive


                                 713

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  terms on any committee.  All appointments shall be for

 2  18-month terms.  All vacancies shall be filled in the manner

 3  of the original appointment for only the time remaining in the

 4  unexpired term. At no time may a district school board have

 5  more than one representative on a committee. The commissioner

 6  and a member of the department whom he or she shall designate

 7  shall be additional and ex officio members of each committee.

 8         (b)  The names and mailing addresses of the members of

 9  the state instructional materials committees shall be made

10  public when appointments are made.

11         (c)  The district school board shall be reimbursed for

12  the actual cost of substitute teachers for each workday that a

13  member of its instructional staff is absent from his or her

14  assigned duties for the purpose of rendering service to the

15  state instructional materials committee.  In addition,

16  committee members shall be reimbursed for travel expenses and

17  per diem in accordance with s. 112.061 for actual service in

18  meetings of committees called by the commissioner. Payment of

19  such travel expenses shall be made by the Treasurer from the

20  appropriation for the administration of the instructional

21  materials program, on warrants to be drawn by the Comptroller

22  upon requisition approved by the commissioner.

23         (d)  Any member of a committee may be removed by the

24  commissioner for cause.

25         (3)  All references in the law to the state

26  instructional materials committee shall apply to each

27  committee created by this section.

28         (4)  For purposes of state adoption, "instructional

29  materials" means items having intellectual content that by

30  design serve as a major tool for assisting in the instruction

31  of a subject or course. These items may be available in bound,


                                 714

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  unbound, kit, or package form and may consist of hardbacked or

 2  softbacked textbooks, consumables, learning laboratories,

 3  manipulatives, electronic media, and computer courseware or

 4  software. The term does not include electronic or computer

 5  hardware even if such hardware is bundled with software or

 6  other electronic media, nor does it include equipment or

 7  supplies.

 8         (5)  The department shall develop a training program

 9  for persons selected to serve on state instructional materials

10  committees.  The program shall be structured to assist

11  committee members in developing the skills necessary to make

12  valid, culturally sensitive, and objective decisions regarding

13  the content and rigor of instructional materials.  All persons

14  serving on instructional materials committees must complete

15  the training program prior to beginning the review and

16  selection process.

17         Section 305.  Section 1006.30, Florida Statutes, is

18  created to read:

19         1006.30  Affidavit of state instructional materials

20  committee members.--Before transacting any business, each

21  member of a state committee shall make an affidavit, to be

22  filed with the commissioner, that:

23         (1)  The member will faithfully discharge the duties

24  imposed upon him or her as a member of the committee.

25         (2)  The member has no interest, and while a member of

26  the committee he or she will assume no interest, in any

27  publishing or manufacturing organization which produces or

28  sells instructional materials.

29         (3)  The member is in no way connected, and while a

30  member of the committee he or she will assume no connection,

31  with the distribution of the instructional materials.


                                 715

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (4)  The member is not pecuniarily interested, and

 2  while a member of the committee he or she will assume no

 3  pecuniary interest, directly or indirectly, in the business or

 4  profits of any person engaged in manufacturing, publishing, or

 5  selling instructional materials designed for use in the public

 6  schools.

 7         (5)  The member will not accept any emolument or

 8  promise of future reward of any kind from any publisher or

 9  manufacturer of instructional materials or his or her agent or

10  anyone interested in, or intending to bias his or her judgment

11  in any way in, the selection of any materials to be adopted.

12         (6)  It is unlawful for any member of a state

13  instructional materials committee to discuss matters relating

14  to instructional materials submitted for adoption with any

15  agent of a publisher or manufacturer of instructional

16  materials, either directly or indirectly, except during the

17  period when the committee has been called into session for the

18  purpose of evaluating instructional materials submitted for

19  adoption.  Such discussions shall be limited to official

20  meetings of the committee and in accordance with procedures

21  prescribed by the commissioner for that purpose.

22         Section 306.  Section 1006.31, Florida Statutes, is

23  created to read:

24         1006.31  Duties of each state instructional materials

25  committee.--The duties of each state instructional materials

26  committee are:

27         (1)  PLACE AND TIME OF MEETING.--To meet at the call of

28  the commissioner, at a place in the state designated by him or

29  her, for the purpose of evaluating and recommending

30  instructional materials for adoption by the state. All

31  meetings of state instructional materials committees shall be


                                 716

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  announced publicly in the Florida Administrative Weekly at

 2  least 2 weeks prior to the date of convening. All meetings of

 3  the committees shall be open to the public.

 4         (2)  ORGANIZATION.--To elect a chair and vice chair for

 5  each adoption.  An employee of the department shall serve as

 6  secretary to the committee and keep an accurate record of its

 7  proceedings.  All records of committee motions and votes, and

 8  summaries of committee debate shall be incorporated into a

 9  publishable document and shall be available for public

10  inspection and duplication.

11         (3)  PROCEDURES.--To adhere to procedures prescribed by

12  the commissioner for evaluating instructional materials

13  submitted by publishers and manufacturers in each adoption.

14         (4)  EVALUATION OF INSTRUCTIONAL MATERIALS.--To

15  evaluate carefully all instructional materials submitted, to

16  ascertain which instructional materials, if any, submitted for

17  consideration best implement the selection criteria developed

18  by the commissioner and those curricular objectives included

19  within applicable performance standards provided for in s.

20  1001.03(1).

21         (a)  When recommending instructional materials for use

22  in the schools, each committee shall include only

23  instructional materials that accurately portray the ethnic,

24  socioeconomic, cultural, and racial diversity of our society,

25  including men and women in professional, career and technical,

26  and executive roles, and the role and contributions of the

27  entrepreneur and labor in the total development of this state

28  and the United States.

29         (b)  When recommending instructional materials for use

30  in the schools, each committee shall include only materials

31  which accurately portray, whenever appropriate, humankind's


                                 717

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  place in ecological systems, including the necessity for the

 2  protection of our environment and conservation of our natural

 3  resources and the effects on the human system of the use of

 4  tobacco, alcohol, controlled substances, and other dangerous

 5  substances.

 6         (c)  When recommending instructional materials for use

 7  in the schools, each committee shall require such materials as

 8  it deems necessary and proper to encourage thrift, fire

 9  prevention, and humane treatment of people and animals.

10         (d)  When recommending instructional materials for use

11  in the schools, each committee shall require, when appropriate

12  to the comprehension of students, that materials for social

13  science, history, or civics classes contain the Declaration of

14  Independence and the Constitution of the United States.  No

15  instructional materials shall be recommended by any committee

16  for use in the schools which contain any matter reflecting

17  unfairly upon persons because of their race, color, creed,

18  national origin, ancestry, gender, or occupation.

19         (e)  All instructional materials recommended by each

20  committee for use in the schools shall be, to the satisfaction

21  of each committee, accurate, objective, and current and suited

22  to the needs and comprehension of students at their respective

23  grade levels. Instructional materials committees shall

24  consider for adoption materials developed for academically

25  talented students such as those enrolled in advanced placement

26  courses.

27         (5)  REPORT OF COMMITTEE.--Each committee, after a

28  thorough study of all data submitted on each instructional

29  material, and after each member has carefully evaluated each

30  instructional material, shall present a written report to the

31  


                                 718

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  commissioner. Such report shall be made public, and shall

 2  include:

 3         (a)  A description of the procedures used in

 4  determining the instructional materials to be recommended to

 5  the commissioner.

 6         (b)  Recommendations of instructional materials for

 7  each grade and subject field in the curriculum of public

 8  elementary, middle, and high schools in which adoptions are to

 9  be made. If deemed advisable, the committee may include such

10  other information, expression of opinion, or recommendation as

11  would be helpful to the commissioner.  If there is a

12  difference of opinion among the members of the committee as to

13  the merits of any instructional materials, any member may file

14  an expression of his or her individual opinion.

15  

16  The findings of the committees, including the evaluation of

17  instructional materials, shall be in sessions open to the

18  public.  All decisions leading to determinations of the

19  committees shall be by roll call vote, and at no time will a

20  secret ballot be permitted.

21         Section 307.  Section 1006.32, Florida Statutes, is

22  created to read:

23         1006.32  Prohibited acts.--

24         (1)  No publisher or manufacturer of instructional

25  material, or any representative thereof, shall offer to give

26  any emolument, money, or other valuable thing, or any

27  inducement, to any district school board official or member of

28  a state-level instructional materials committee to directly or

29  indirectly introduce, recommend, vote for, or otherwise

30  influence the adoption or purchase of any instructional

31  materials.


                                 719

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (2)  No district school board official or member of a

 2  state instructional materials committee shall solicit or

 3  accept any emolument, money, or other valuable thing, or any

 4  inducement, to directly or indirectly introduce, recommend,

 5  vote for, or otherwise influence the adoption or purchase of

 6  any instructional material.

 7         (3)  No district school board or publisher may

 8  participate in a pilot program of materials being considered

 9  for adoption during the 18-month period before the official

10  adoption of the materials by the commissioner. Any pilot

11  program during the first 2 years of the adoption period must

12  have the prior approval of the commissioner.

13         (4)  Any publisher or manufacturer of instructional

14  materials or representative thereof or any district school

15  board official or state instructional materials committee

16  member, who violates any provision of this section commits a

17  misdemeanor of the second degree, punishable as provided in s.

18  775.082 or s. 775.083. Any representative of a publisher or

19  manufacturer who violates any provision of this section, in

20  addition to any other penalty, shall be banned from practicing

21  business in the state for a period of 1 calendar year. Any

22  district school board official or state instructional

23  materials committee member who violates any provision of this

24  section, in addition to any other penalty, shall be removed

25  from his or her official position.

26         (5)  Nothing in this section shall be construed to

27  prevent any publisher, manufacturer, or agent from supplying,

28  for purposes of examination, necessary sample copies of

29  instructional materials to any district school board official

30  or instructional materials committee member.

31  


                                 720

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (6)  Nothing in this section shall be construed to

 2  prevent a district school board official or instructional

 3  materials committee member from receiving sample copies of

 4  instructional materials.

 5         (7)  Nothing contained in this section shall be

 6  construed to prohibit or restrict a district school board

 7  official from receiving royalties or other compensation, other

 8  than compensation paid to him or her as commission for

 9  negotiating sales to district school boards, from the

10  publisher or manufacturer of instructional materials written,

11  designed, or prepared by such district school board official,

12  and adopted by the commissioner or purchased by any district

13  school board. No district school board official shall be

14  allowed to receive royalties on any materials not on the

15  state-adopted list purchased for use by his or her district

16  school board.

17         (8)  No district school superintendent, district school

18  board member, teacher, or other person officially connected

19  with the government or direction of public schools shall

20  receive during the months actually engaged in performing

21  duties under his or her contract any private fee, gratuity,

22  donation, or compensation, in any manner whatsoever, for

23  promoting the sale or exchange of any school book, map, or

24  chart in any public school, or be an agent for the sale or the

25  publisher of any school textbook or reference work, or be

26  directly or indirectly pecuniarily interested in the

27  introduction of any such textbook, and any such agency or

28  interest shall disqualify any person so acting or interested

29  from holding any district school board employment whatsoever,

30  and the person commits a misdemeanor of the second degree,

31  punishable as provided in s. 775.082 or s. 775.083; provided


                                 721

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  that this subsection shall not be construed as preventing the

 2  adoption of any book written in whole or in part by a Florida

 3  author.

 4         Section 308.  Section 1006.33, Florida Statutes, is

 5  created to read:

 6         1006.33  Bids or proposals; advertisement and its

 7  contents.--

 8         (1)(a)  Beginning on or before May 15 of any year in

 9  which an instructional materials adoption is to be initiated,

10  the department shall advertise in the Florida Administrative

11  Weekly 4 weeks preceding the date on which the bids shall be

12  received, that at a certain designated time, not later than

13  June 15, sealed bids or proposals to be deposited with the

14  department will be received from publishers or manufacturers

15  for the furnishing of instructional materials proposed to be

16  adopted as listed in the advertisement beginning April 1

17  following the adoption.

18         (b)  The advertisement shall state that each bidder

19  shall furnish specimen copies of all instructional materials

20  submitted, at a time designated by the department, which

21  specimen copies shall be identical with the copies approved

22  and accepted by the members of the state instructional

23  materials committee, as prescribed in this section, and with

24  the copies furnished to the department and district school

25  superintendents, as provided in this part.

26         (c)  The advertisement shall state that a contract

27  covering the adoption of the instructional materials shall be

28  for a definite term.

29         (d)  The advertisement shall fix the time within which

30  the required contract must be executed and shall state that

31  the department reserves the right to reject any or all bids.


                                 722

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (e)  The advertisement shall give information as to how

 2  specifications which have been adopted by the department in

 3  regard to paper, binding, cover boards, and mechanical makeup

 4  can be secured. In adopting specifications, the department

 5  shall make an exception for instructional materials that are

 6  college-level texts and that do not meet department physical

 7  specifications for secondary materials, if the publisher

 8  guarantees replacement during the term of the contract.

 9         (2)  The bids submitted shall be for furnishing the

10  designated materials in accordance with specifications of the

11  department. The bid shall state the lowest wholesale price at

12  which the materials will be furnished, at the time the

13  adoption period provided in the contract begins, delivered

14  f.o.b. to the Florida depository of the publisher,

15  manufacturer, or bidder.

16         (3)  The department shall require each publisher or

17  manufacturer of instructional materials who submits a bid

18  under this part to deposit with the department such sum of

19  money or certified check as may be determined by the

20  department, the amount to be not less than $500 and not more

21  than $2,500, according to the number of instructional

22  materials covered by the bid, which deposit shall be forfeited

23  to the state and placed in the General Revenue Fund if the

24  bidder making the deposit fails or refuses to execute the

25  contract and bond within 30 days after receipt of the contract

26  in case his or her bid or proposal is accepted. The

27  commissioner shall, upon determining that the deposit is

28  correct and proper, transmit the deposit to the Treasurer, who

29  shall deposit the funds for credit to the Textbook Bid Trust

30  Fund and issue his or her official receipt.

31  


                                 723

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (4)  Specimen copies of all instructional materials

 2  that have been made the bases of contracts under this part

 3  shall, upon request for the purpose of public inspection, be

 4  made available by the publisher to the department and the

 5  district school superintendent of each district school board

 6  that adopts the instructional materials from the state list

 7  upon request for the purpose of public inspection.  All

 8  contracts and bonds executed under this part shall be signed

 9  in triplicate. One copy of each contract and an original of

10  each bid, whether accepted or rejected, shall be preserved

11  with the department for at least 3 years after termination of

12  the contract.

13         Section 309.  Section 1006.34, Florida Statutes, is

14  created to read:

15         1006.34  Powers and duties of the commissioner and the

16  department in selecting and adopting instructional

17  materials.--

18         (1)  PROCEDURES FOR EVALUATING INSTRUCTIONAL

19  MATERIALS.--The commissioner shall prescribe the procedures by

20  which the department shall evaluate instructional materials

21  submitted by publishers and manufacturers in each adoption.

22  Included in these procedures shall be provisions which afford

23  each publisher or manufacturer or his or her representative an

24  opportunity to present to members of the state instructional

25  materials committees the merits of each instructional material

26  submitted in each adoption.

27         (2)  SELECTION AND ADOPTION OF INSTRUCTIONAL

28  MATERIALS.--

29         (a)  The department shall notify all publishers and

30  manufacturers of instructional materials who have submitted

31  bids that within 3 weeks after the deadline for receiving


                                 724

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  bids, at a designated time and place, it will open the bids

 2  submitted and deposited with it. At the time and place

 3  designated, the bids shall be opened, read, and tabulated in

 4  the presence of the bidders or their representatives.  No one

 5  may revise his or her bid after the bids have been filed.

 6  When all bids have been carefully considered, the commissioner

 7  shall, from the list of suitable, usable, and desirable

 8  instructional materials reported by the state instructional

 9  materials committee, select and adopt instructional materials

10  for each grade and subject field in the curriculum of public

11  elementary, middle, and high schools in which adoptions are

12  made and in the subject areas designated in the advertisement.

13  The adoption shall continue for the period specified in the

14  advertisement, beginning on the ensuing April 1. The adoption

15  shall not prevent the extension of a contract as provided in

16  subsection (3). The commissioner shall always reserve the

17  right to reject any and all bids. The commissioner may ask for

18  new sealed bids from publishers or manufacturers whose

19  instructional materials were recommended by the state

20  instructional materials committee as suitable, usable, and

21  desirable; specify the dates for filing such bids and the date

22  on which they shall be opened; and proceed in all matters

23  regarding the opening of bids and the awarding of contracts as

24  required by this part. In all cases, bids shall be accompanied

25  by a cash deposit or certified check of from $500 to $2,500,

26  as the commissioner may direct. The department, in adopting

27  instructional materials, shall give due consideration both to

28  the prices bid for furnishing instructional materials and to

29  the report and recommendations of the state instructional

30  materials committee. When the commissioner has finished with

31  the report of the state instructional materials committee, the


                                 725

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  report shall be filed and preserved with the department and

 2  shall be available at all times for public inspection.

 3         (b)  In the selection of instructional materials,

 4  library books, and other reading material used in the public

 5  school system, the standards used to determine the propriety

 6  of the material shall include:

 7         1.  The age of the students who normally could be

 8  expected to have access to the material.

 9         2.  The educational purpose to be served by the

10  material. In considering instructional materials for classroom

11  use, priority shall be given to the selection of materials

12  which encompass the state and district school board

13  performance standards provided for in s. 1001.03(1) and which

14  include the instructional objectives contained within the

15  curriculum frameworks approved by rule of the State Board of

16  Education.

17         3.  The degree to which the material would be

18  supplemented and explained by mature classroom instruction as

19  part of a normal classroom instructional program.

20         4.  The consideration of the broad racial, ethnic,

21  socioeconomic, and cultural diversity of the students of this

22  state.

23  

24  No book or other material containing hard-core pornography or

25  otherwise prohibited by s. 847.012 shall be used or available

26  within any public school district.

27         (3)  CONTRACT WITH PUBLISHERS OR MANUFACTURERS;

28  BOND.--As soon as practicable after the commissioner has

29  adopted any instructional materials and all bidders that have

30  secured the adoption of any instructional materials have been

31  notified thereof by registered letter, the Department of Legal


                                 726

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Affairs shall prepare a contract in proper form with every

 2  bidder awarded the adoption of any instructional materials.

 3  Each contract shall be executed by the Governor and Secretary

 4  of State under the seal of the state, one copy to be kept by

 5  the contractor, one copy to be filed with the Department of

 6  State, and one copy to be filed with the department. After

 7  giving due consideration to comments by the district school

 8  boards, the commissioner, with the agreement of the publisher,

 9  may extend or shorten a contract period for a period not to

10  exceed 2 years; and the terms of any such contract shall

11  remain the same as in the original contract. Any publisher or

12  manufacturer to whom any contract is let under this part must

13  give bond in such amount as the commissioner requires, payable

14  to the state, conditioned for the faithful, honest, and exact

15  performance of the contract. The bond must provide for the

16  payment of reasonable attorney's fees in case of recovery in

17  any suit thereon. The surety on the bond must be a guaranty or

18  surety company lawfully authorized to do business in the

19  state; however, the bond shall not be exhausted by a single

20  recovery but may be sued upon from time to time until the full

21  amount thereof is recovered, and the department may at any

22  time, after giving 30 days' notice, require additional

23  security or additional bond. The form of any bond or bonds or

24  contract or contracts under this part shall be prepared and

25  approved by the Department of Legal Affairs. At the discretion

26  of the commissioner, a publisher or manufacturer to whom any

27  contract is let under this part may be allowed a cash deposit

28  in lieu of a bond, conditioned for the faithful, honest, and

29  exact performance of the contract. The cash deposit, payable

30  to the department, shall be placed in the Textbook Bid Trust

31  Fund. The department may recover damages on the cash deposit


                                 727

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  given by the contractor for failure to furnish instructional

 2  materials, the sum recovered to inure to the General Revenue

 3  Fund.

 4         (4)  REGULATIONS GOVERNING THE CONTRACT.--The

 5  department may, from time to time, take any necessary actions,

 6  consistent with this part, to secure the prompt and faithful

 7  performance of all instructional materials contracts; and if

 8  any contractor fails or refuses to furnish instructional

 9  materials as provided in this part or otherwise breaks his or

10  her contract, the department may sue on the required bond in

11  the name of the state, in the courts of the state having

12  jurisdiction, and recover damages on the bond given by the

13  contractor for failure to furnish instructional materials, the

14  sum recovered to inure to the General Revenue Fund.

15         (5)  RETURN OF DEPOSITS.--

16         (a)  The successful bidder shall be notified by

17  registered mail of the award of contract and shall, within 30

18  days after receipt of the contract, execute the proper

19  contract and post the required bond. When the bond and

20  contract have been executed, the department shall notify the

21  Comptroller and request that a warrant be issued against the

22  Textbook Bid Trust Fund payable to the successful bidder in

23  the amount deposited pursuant to this part. The Comptroller

24  shall issue and forward the warrant to the department for

25  distribution to the bidder.

26         (b)  At the same time or prior thereto, the department

27  shall inform the Comptroller of the names of the unsuccessful

28  bidders. Upon receipt of such notice, the Comptroller shall

29  issue warrants against the Textbook Bid Trust Fund payable to

30  the unsuccessful bidders in the amounts deposited pursuant to

31  


                                 728

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  this part and shall forward the warrants to the department for

 2  distribution to the unsuccessful bidders.

 3         (c)  One copy of each contract and an original of each

 4  bid, whether accepted or rejected, shall be preserved with the

 5  department for at least 3 years after the termination of the

 6  contract.

 7         (6)  DEPOSITS FORFEITED.--If any successful bidder

 8  fails or refuses to execute contract and bond within 30 days

 9  after receipt of the contract, the cash deposit shall be

10  forfeited to the state and placed by the Treasurer in the

11  General Revenue Fund.

12         (7)  FORFEITURE OF CONTRACT AND BOND.--If any publisher

13  or manufacturer of instructional materials fails or refuses to

14  furnish a book, or books, or other instructional materials as

15  provided in the contract, his or her bond is forfeited and the

16  department shall make another contract on such terms as it may

17  find desirable, after giving due consideration to the

18  recommendations of the commissioner.

19         Section 310.  Section 1006.35, Florida Statutes, is

20  created to read:

21         1006.35  Accuracy of instructional materials.--

22         (1)  In addition to relying on statements of publishers

23  or manufacturers of instructional materials, the commissioner

24  may conduct or cause to be conducted an independent

25  investigation to determine the accuracy of state-adopted

26  instructional materials.

27         (2)  When errors in state-adopted materials are

28  confirmed, the publisher of the materials shall provide to

29  each district school board that has purchased the materials

30  the corrections in a format approved by the commissioner.

31  


                                 729

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (3)  The commissioner may remove materials from the

 2  list of state-adopted materials if he or she finds that the

 3  content is in error and the publisher refuses to correct the

 4  error when notified by the department.

 5         (4)  The commissioner may remove materials from the

 6  list of state-adopted materials at the request of the

 7  publisher if, in his or her opinion, there is no material

 8  impact on the state's education goals.

 9         Section 311.  Section 1006.36, Florida Statutes, is

10  created to read:

11         1006.36  Term of adoption for instructional

12  materials.--

13         (1)  The term of adoption of any instructional

14  materials must be a 6-year period beginning on April 1

15  following the adoption, except that the commissioner may

16  approve terms of adoption of less than 6 years for materials

17  in content areas which require more frequent revision. Any

18  contract for instructional materials may be extended as

19  prescribed in s. 1006.34(3).

20         (2)  The department shall publish annually an official

21  schedule of subject areas to be called for adoption for each

22  of the succeeding 2 years, and a tentative schedule for years

23  3, 4, 5, and 6. If extenuating circumstances warrant, the

24  commissioner may order the department to add one or more

25  subject areas to the official schedule, in which event the

26  commissioner shall develop criteria for such additional

27  subject area or areas and make them available to publishers as

28  soon as practicable before the date on which bids are due. The

29  schedule shall be developed so as to promote balance among the

30  subject areas so that the required expenditure for new

31  


                                 730

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  instructional materials is approximately the same each year in

 2  order to maintain curricular consistency.

 3         Section 312.  Section 1006.37, Florida Statutes, is

 4  created to read:

 5         1006.37  Requisition of instructional materials from

 6  publisher's depository.--

 7         (1)  The district school superintendent shall

 8  requisition adopted instructional materials from the

 9  depository of the publisher with whom a contract has been

10  made. However, the superintendent shall requisition current

11  instructional materials to provide each student with a

12  textbook or other materials as a major tool of instruction in

13  core courses of the subject areas specified in s. 1006.40(2).

14  These materials must be requisitioned within the first 2 years

15  of the adoption cycle, except for instructional materials

16  related to growth of student membership or instructional

17  materials maintenance needs. The superintendent may

18  requisition instructional materials in the core subject areas

19  specified in s. 1006.40(2) that are related to growth of

20  student membership or instructional materials maintenance

21  needs during the 3rd, 4th, 5th, and 6th years of the original

22  contract period.

23         (2)  The district school superintendent shall verify

24  that the requisition is complete and accurate and order the

25  depository to forward to him or her the adopted instructional

26  materials shown by the requisition. The depository shall

27  prepare an invoice of the materials shipped, including

28  shipping charges, and mail it to the superintendent to whom

29  the shipment is being made. The superintendent shall pay the

30  depository within 60 days after receipt of the requisitioned

31  


                                 731

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  materials from the appropriation for the purchase of adopted

 2  instructional materials.

 3         Section 313.  Section 1006.38, Florida Statutes, is

 4  created to read:

 5         1006.38  Duties, responsibilities, and requirements of

 6  instructional materials publishers and

 7  manufacturers.--Publishers and manufacturers of instructional

 8  materials, or their representatives, shall:

 9         (1)  Comply with all provisions of this part.

10         (2)  Deliver fully developed specimen copies of all

11  instructional materials upon which bids are based to each

12  member of a state instructional materials committee. At the

13  conclusion of the review process, manufacturers submitting

14  samples of instructional materials are entitled to the return

15  thereof, at the expense of the manufacturers; or, in the

16  alternative, the manufacturers are entitled to reimbursement

17  by the individual committee members for the retail value of

18  the samples.

19         (3)  Submit, at a time designated in s. 1006.33, the

20  following information:

21         (a)  Detailed specifications of the physical

22  characteristics of the instructional materials.  The publisher

23  or manufacturer shall comply with these specifications if the

24  instructional materials are adopted and purchased in completed

25  form.

26         (b)  Written proof that the publisher has provided

27  written correlations to appropriate curricular objectives

28  included within applicable performance standards provided for

29  in s. 1001.03(1).

30  

31  


                                 732

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (4)  Make available for purchase by any district school

 2  board any diagnostic, criterion-referenced, or other tests

 3  that they may develop.

 4         (5)  Furnish the instructional materials offered by

 5  them at a price in the state which, including all costs of

 6  transportation to their depositories, shall not exceed the

 7  lowest price at which they offer such instructional materials

 8  for adoption or sale to any state or school district in the

 9  United States.

10         (6)  Reduce automatically the price of the

11  instructional materials to any district school board to the

12  extent that reductions are made elsewhere in the United

13  States.

14         (7)  Provide any instructional materials free of charge

15  in the state to the same extent as they are provided free of

16  charge to any state or school district in the United States.

17         (8)  Guarantee that all copies of any instructional

18  materials sold in this state will be at least equal in quality

19  to the copies of such instructional materials that are sold

20  elsewhere in the United States and will be kept revised, free

21  from all errors, and up-to-date as may be required by the

22  department.

23         (9)  Agree that any supplementary material developed at

24  the district or state level does not violate the author's or

25  publisher's copyright, provided such material is developed in

26  accordance with the doctrine of fair use.

27         (10)  Not in any way, directly or indirectly, become

28  associated or connected with any combination in restraint of

29  trade in instructional materials, nor enter into any

30  understanding, agreement, or combination to control prices or

31  


                                 733

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  restrict competition in the sale of instructional materials

 2  for use in the state.

 3         (11)  Maintain or contract with a depository in the

 4  state.

 5         (12)  For the core subject areas specified in s.

 6  1006.40(2), maintain in the depository for the first 2 years

 7  of the contract an inventory of instructional materials

 8  sufficient to receive and fill orders.

 9         (13)  For the core subject areas specified in s.

10  1006.40(2), ensure the availability of an inventory sufficient

11  to receive and fill orders for instructional materials for

12  growth, including the opening of a new school, and replacement

13  during the 3rd and subsequent years of the original contract

14  period.

15         (14)  For all other subject areas, maintain in the

16  depository an inventory of instructional materials sufficient

17  to receive and fill orders.

18         (15)  Accurately and fully disclose only the names of

19  those persons who actually authored the instructional

20  materials.  In addition to the penalties provided in

21  subsection (17), the commissioner may remove from the list of

22  state-adopted instructional materials those instructional

23  materials whose publisher or manufacturer misleads the

24  purchaser by falsely representing genuine authorship.

25         (16)  Grant, without prior written request, for any

26  copyright held by the publisher or its agencies automatic

27  permission to the department or its agencies for the

28  reproduction of textbooks and supplementary materials in

29  braille or large print or in the form of sound recordings, for

30  use by visually impaired students or other students with

31  disabilities that would benefit from use of the materials.


                                 734

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (17)  Upon the willful failure of the publisher or

 2  manufacturer to comply with the requirements of this section,

 3  be liable to the department in the amount of 3 times the total

 4  sum which the publisher or manufacturer was paid in excess of

 5  the price required under subsections (5) and (6) and in the

 6  amount of 3 times the total value of the instructional

 7  materials and services which the district school board is

 8  entitled to receive free of charge under subsection (7).

 9         Section 314.  Section 1006.39, Florida Statutes, is

10  created to read:

11         1006.39  Production and dissemination of educational

12  materials and products by department.--

13         (1)  Educational materials and products developed by or

14  under the direction of the department, through research and

15  development or other efforts, including those subject to

16  copyright, patent, or trademark, shall be made available for

17  use by teachers, students, administrators, and other

18  appropriate persons in the state system of education at the

19  earliest practicable date and in the most economical and

20  efficient manner possible.

21         (2)  To accomplish this objective the department may

22  publish, produce, or have produced educational materials and

23  products and make them readily available for appropriate use

24  in the state system of education.  The department may charge

25  an amount adequate to cover the essential cost of producing

26  and disseminating such materials and products in the state

27  system of education and may sell copies for educational use to

28  private schools in the state and to the public.

29         (3)  All proceeds from the sale of educational

30  materials and products shall be remitted to the Treasurer and

31  shall be kept in a separate fund to be known as the


                                 735

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  "Educational Media and Technology Trust Fund" and, when

 2  properly budgeted as approved by the Legislature and the

 3  Executive Office of the Governor, used to pay the cost of

 4  producing and disseminating educational materials and

 5  products.

 6         (4)  In cases in which the educational materials or

 7  products are of such nature, or the circumstances are such,

 8  that it is not practicable or feasible for the department to

 9  produce or have produced materials and products so developed,

10  it may, after review and approval by the Department of State,

11  license, lease, assign, sell, or otherwise give written

12  consent to any person, firm or corporation for the manufacture

13  or use thereof, on a royalty basis, or for such other

14  consideration as the department finds proper and in the best

15  interest of the state. The department shall protect

16  educational materials and products against improper or

17  unlawful use or infringement and enforce the collection of any

18  sums due for the manufacture or use thereof by any other

19  party.

20         (5)  The department shall not enter into the business

21  of producing or publishing textbooks, or the contents therein,

22  for general use in classrooms.

23         Section 315.  Section 1006.40, Florida Statutes, is

24  created to read:

25         1006.40  Use of instructional materials allocation;

26  instructional materials, library books, and reference books;

27  repair of books.--

28         (1)  On or before July 1 each year, the commissioner

29  shall certify to each district school superintendent the

30  estimated allocation of state funds for instructional

31  


                                 736

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  materials, computed pursuant to the provisions of s. 1011.67

 2  for the ensuing fiscal year.

 3         (2)(a)  Each district school board must purchase

 4  current instructional materials to provide each student with a

 5  textbook or other instructional materials as a major tool of

 6  instruction in core courses of the appropriate subject areas

 7  of mathematics, language arts, science, social studies,

 8  reading, and literature for kindergarten through grade 12.

 9  Such purchase must be made within the first 2 years of the

10  effective date of the adoption cycle. Unless specifically

11  provided for in the General Appropriations Act, the cost of

12  instructional materials purchases required by this paragraph

13  shall not exceed the amount of the district's allocation for

14  instructional materials, pursuant to s. 1011.67, for the

15  previous 2 years.

16         (b)  The requirement in paragraph (a) does not apply to

17  contracts in existence before April 1, 2000, or to a purchase

18  related to growth of student membership in the district or for

19  instructional materials maintenance needs.

20         (3)(a)  Each district school board shall use the annual

21  allocation for the purchase of instructional materials

22  included on the state-adopted list, except as otherwise

23  authorized in paragraphs (b) and (c).  No less than 50 percent

24  of the annual allocation shall be used to purchase items which

25  will be used to provide instruction to students at the level

26  or levels for which the materials are designed.

27         (b)  Up to 50 percent of the annual allocation may be

28  used for the purchase of instructional materials, including

29  library and reference books and nonprint materials, not

30  included on the state-adopted list and for the repair and

31  renovation of textbooks and library books.


                                 737

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (c)  District school boards may use 100 percent of that

 2  portion of the annual allocation designated for the purchase

 3  of instructional materials for kindergarten, and 75 percent of

 4  that portion of the annual allocation designated for the

 5  purchase of instructional materials for first grade, to

 6  purchase materials not on the state-adopted list.

 7         (4)  The funds described in subsection (3) which

 8  district school boards may use to purchase materials not on

 9  the state-adopted list shall be used for the purchase of

10  instructional materials or other items having intellectual

11  content which assist in the instruction of a subject or

12  course. These items may be available in bound, unbound, kit,

13  or package form and may consist of hardbacked or softbacked

14  textbooks, replacements for items which were part of

15  previously purchased instructional materials, consumables,

16  learning laboratories, manipulatives, electronic media,

17  computer courseware or software, and other commonly accepted

18  instructional tools as prescribed by district school board

19  rule. The funds available to district school boards for the

20  purchase of materials not on the state-adopted list may not be

21  used to purchase electronic or computer hardware even if such

22  hardware is bundled with software or other electronic media,

23  nor may such funds be used to purchase equipment or supplies.

24  However, when authorized to do so in the General

25  Appropriations Act, a school or district school board may use

26  a portion of the funds available to it for the purchase of

27  materials not on the state-adopted list to purchase science

28  laboratory materials and supplies.

29         (5)  Each district school board shall adopt rules, and

30  each district school superintendent shall implement

31  


                                 738

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  procedures, that will assure the maximum use by the students

 2  of the authorized instructional materials.

 3         (6)  District school boards may issue purchase orders

 4  subsequent to February 1 in an aggregate amount which does not

 5  exceed 20 percent of the current year's allocation, and

 6  subsequent to April 1 in an aggregate amount which does not

 7  exceed 90 percent of the current year's allocation, for the

 8  purpose of expediting the delivery of instructional materials

 9  which are to be paid for from the ensuing year's allocation.

10         (7)  In any year in which the total instructional

11  materials allocation for a school district has not been

12  expended or obligated prior to June 30, the district school

13  board shall carry forward the unobligated amount and shall add

14  it to the next year's allocation.

15         Section 316.  Section 1006.41, Florida Statutes, is

16  created to read:

17         1006.41  Disposal of instructional materials.--

18         (1)  Instructional materials that have become

19  unserviceable or surplus or are no longer on state contract

20  may be disposed of, under adopted rule of the district school

21  board, by:

22         (a)  Giving or lending the materials to other public

23  education programs within the district or state, to the

24  teachers to use in developing supplementary teaching

25  materials, to students or others, or to any charitable

26  organization, governmental agency, home education students,

27  private school, or state.

28         (b)  Selling the materials to used book dealers,

29  recycling plants, pulp mills, or other persons, firms, or

30  corporations upon such terms as are most economically

31  advantageous to the district school board.


                                 739

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (2)  The district school board may prescribe by rule

 2  the manner for destroying instructional materials that cannot

 3  be disposed of as provided in subsection (1).

 4         (3)  All moneys received for the sale, exchange, or

 5  other disposition of instructional materials shall be

 6  deposited in the district school fund and added to the

 7  district appropriation for instructional materials.

 8         (4)  Instructional materials which have been sold,

 9  exchanged, lost, destroyed, or damaged and for which proper

10  charges have been assessed and collected, and instructional

11  materials which have been destroyed by fire or storm damage or

12  by order of a competent health officer or the district school

13  superintendent, shall be dropped from the record of

14  instructional materials for which, as provided by law,

15  district school boards are held responsible.

16         Section 317.  Section 1006.42, Florida Statutes, is

17  created to read:

18         1006.42  Responsibility of students and parents for

19  instructional materials.--

20         (1)  All instructional materials purchased under the

21  provisions of this part are the property of the district

22  school board.  When distributed to the students, these

23  instructional materials are on loan to the students while they

24  are pursuing their courses of study and are to be returned at

25  the direction of the school principal or the teacher in

26  charge.  Each parent of a student to whom or for whom

27  instructional materials have been issued, is liable for any

28  loss or destruction of, or unnecessary damage to, the

29  instructional materials or for failure of the student to

30  return the instructional materials when directed by the school

31  


                                 740

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  principal or the teacher in charge, and shall pay for such

 2  loss, destruction, or unnecessary damage as provided by law.

 3         (2)  Nothing in this part shall be construed to

 4  prohibit parents from exercising their right to purchase

 5  instructional materials from the district school board.

 6         Section 318.  Section 1006.43, Florida Statutes, is

 7  created to read:

 8         1006.43  Expenses; budget request.--

 9         (1)  The commissioner shall include in the department's

10  annual legislative budget a request for funds in an amount

11  sufficient to provide the necessary expense for:

12         (a)  The instructional materials committees.

13         (b)  Instructional materials for use by partially

14  sighted students.

15         (c)  Other specific and necessary state expenses with

16  regard to the instructional materials program.

17         (2)  The department may arrange for distribution

18  adopted textbooks which are prepared in various media for the

19  use of partially sighted children enrolled in the Florida

20  schools.

21         Section 319.  Part II of chapter 1006, Florida

22  Statutes, shall be entitled "Public Postsecondary Education

23  Support for Learning and Student Services" and shall consist

24  of ss. 1006.50-1006.71.

25         Section 320.  Section 1006.50, Florida Statutes, is

26  created to read:

27         1006.50  Student handbooks.--

28         (1)  Each community college and state university shall

29  compile and update annually a student handbook that includes,

30  but is not limited to, a comprehensive calendar that

31  emphasizes important dates and deadlines, student rights and


                                 741

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  responsibilities, appeals processes available to students, and

 2  a roster of contact persons within the administrative staff

 3  available to respond to student inquiries.

 4         (2)  Each student handbook shall list the legal and

 5  institution-specific sanctions that will be imposed upon

 6  students who violate the law or institutional policies

 7  regarding controlled substances and alcoholic beverages.

 8         (3)  Each student handbook shall provide information

 9  related to acquired immune deficiency syndrome (AIDS)

10  education or identify sites from which AIDS education

11  information may be obtained.

12         Section 321.  Section 1006.51, Florida Statutes, is

13  created to read:

14         1006.51  Student ombudsman office.--

15         (1)  There is created at each community college and

16  state university a student ombudsman office, which is

17  accountable to the president.

18         (2)  Each institution must have an established

19  procedure by which a student may appeal to the office of the

20  ombudsman a decision that is related to the student's access

21  to courses and credit granted toward the degree. Detailed

22  information concerning this procedure must be included in the

23  institution's catalog.

24         (3)  Each community college and state university shall

25  develop minimum standards for the role of ombudsman or student

26  advocate. The standards shall address the issue of

27  notification of students of opportunities for assistance or

28  appeal.

29         Section 322.  Section 1006.52, Florida Statutes, is

30  created to read:

31         1006.52  Student records.--


                                 742

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (1)  Each university may prescribe the content and

 2  custody of records and reports which the university may

 3  maintain on its students. Such records are confidential and

 4  exempt from the provisions of s. 119.07(1) and are open to

 5  inspection only as provided in s. 1002.22.

 6         (2)  Rules of the State Board of Education may

 7  prescribe the content and custody of records and reports which

 8  a community college may maintain on its students. Such records

 9  are confidential and exempt from s. 119.07(1) and are open to

10  inspection only as provided in s. 1002.22.

11         Section 323.  Section 1006.53, Florida Statutes, is

12  created to read:

13         1006.53  Religious observances.--Each public

14  postsecondary educational institution shall adopt a policy in

15  accordance with rules of the State Board of Education which

16  reasonably accommodates the religious observance, practice,

17  and belief of individual students in regard to admissions,

18  class attendance, and the scheduling of examinations and work

19  assignments. Each policy shall include a grievance procedure

20  by which a student who believes that he or she has been

21  unreasonably denied an educational benefit due to his or her

22  religious belief or practices may seek redress. Such policy

23  shall be made known to faculty and students annually in

24  inclusion in the institution's handbook, manual, or other

25  similar document regularly provided to faculty and students.

26         Section 324.  Section 1006.54, Florida Statutes, is

27  created to read:

28         1006.54  Universities; public documents distributed to

29  libraries.--The general library of each state university may

30  receive copies of reports of state officials, departments, and

31  institutions and all other state documents published by the


                                 743

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  state. Each officer of the state empowered by law to

 2  distribute such public documents may transmit without charge,

 3  except for payment of shipping costs, the number of copies of

 4  each public document desired upon requisition from the

 5  librarian. It is the duty of the library to keep public

 6  documents in a convenient form accessible to the public. The

 7  library, under rules formulated by the university board of

 8  trustees, is authorized to exchange documents for those of

 9  other states, territories, and countries.

10         Section 325.  Section 1006.55, Florida Statutes, is

11  created to read:

12         1006.55  Law libraries of certain institutions of

13  higher learning designated as state legal depositories.--

14         (1)  The law libraries of the University of Florida,

15  Florida State University, Florida International University,

16  Florida Agricultural and Mechanical University, Stetson

17  University, Nova University, and the University of Miami are

18  designated as state legal depositories.

19         (2)  Each officer of the state empowered by law to

20  distribute legal publications may transmit, upon payment of

21  shipping costs or cash on delivery, to the state legal

22  depositories copies of such publications as requested.

23  However, the number of copies transmitted shall be limited to:

24         (a)  Eight copies of each volume of General Acts and

25  each volume of Special Acts to each of the state legal

26  depositories;

27         (b)  Up to a maximum number of each volume of the

28  Florida Statutes and each supplement volume, computed on the

29  basis of one set for every 10 students enrolled during the

30  school year, based upon the average enrollment as certified by

31  the registrar; and


                                 744

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (c)  One copy of each journal of the House of

 2  Representatives and each journal of the Senate to each state

 3  legal depository.

 4         (3)  It is the duty of the librarian of any depository

 5  to keep all public documents in a convenient form accessible

 6  to the public.

 7         (4)  The libraries of all community colleges are

 8  designated as state depositories for the Florida Statutes and

 9  supplements published by or under the authority of the state;

10  these depositories each may receive upon request one copy of

11  each volume without charge, except for payment of shipping

12  costs.

13         Section 326.  Section 1006.56, Florida Statutes, is

14  created to read:

15         1006.56  Specified university publications; activities;

16  trust funds.--

17         (1)  Subject to the approval of the appropriate

18  university, the Florida Law Review, the Florida State

19  University Law Review, the Florida State University Journal of

20  Land Use and Environmental Law, the University of Florida

21  Journal of Law and Public Policy, and the Florida

22  International Law Journal of the University of Florida are

23  authorized to engage in the following activities relating to

24  their respective publications, notwithstanding the contrary

25  provision of any statute, rule, or regulation of the state or

26  its subdivisions or agencies:

27         (a)  The grant of reprint rights relating to any or all

28  issues of the Florida Law Review, the Florida State University

29  Law Review, the Florida State University Journal of Land Use

30  and Environmental Law, the University of Florida Journal of

31  Law and Public Policy, or the Florida International Law


                                 745

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Journal of the University of Florida, or any of the materials,

 2  articles, or ideas contained therein;

 3         (b)  The sale for adequate consideration of any or all

 4  past or future stock and inventory of published issues of the

 5  Florida Law Review, the Florida State University Law Review,

 6  the Florida State University Journal of Land Use and

 7  Environmental Law, the University of Florida Journal of Law

 8  and Public Policy, or the Florida International Law Journal of

 9  the University of Florida, or portions thereof; and

10         (c)  The retention of the proceeds obtained under

11  paragraph (a) or paragraph (b) together with all moneys

12  received by the Florida Law Review or the Florida State

13  University Law Review from current or future subscriptions,

14  sale of individual issues, sale of advertising, binding

15  service, royalties, donations, and all other sources except

16  direct or indirect appropriations from the state, its

17  subdivisions, or agencies.

18         (2)  Moneys retained by the Florida Law Review pursuant

19  to this section shall be placed in a trust fund to be known as

20  the Florida Law Review Trust Fund. Moneys retained by the

21  Florida State University Law Review pursuant to this section

22  shall be placed in a trust fund to be known as the Florida

23  State University Law Review Trust Fund. Moneys retained by the

24  Florida State University Journal of Land Use and Environmental

25  Law pursuant to this section shall be placed in a trust fund

26  to be known as the Florida State University Journal of Land

27  Use and Environmental Law Trust Fund. Moneys retained by the

28  University of Florida Journal of Law and Public Policy

29  pursuant to this section shall be placed in a trust fund to be

30  known as the University of Florida Journal of Law and Public

31  Policy Trust Fund. Moneys retained by the Florida


                                 746

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  International Law Journal of the University of Florida

 2  pursuant to this section shall be placed in a trust fund to be

 3  known as the Florida International Law Journal of the

 4  University of Florida Trust Fund. Such trust funds shall be

 5  used to pay or supplement the payment of printing costs or

 6  other costs incident to the publication of the respective law

 7  reviews and law journals and shall be administered by the dean

 8  of each college of law or his or her faculty designee.

 9         (3)  Printing of such publications shall be let upon

10  contract to the lowest responsive bidder, in accordance with

11  s. 283.33, except when the additional costs incurred in

12  changing from the current printer to the new low bidder exceed

13  the savings reflected in the bid prices. Such additional costs

14  shall not exceed 10 percent of the lowest bid price.

15         Section 327.  Section 1006.57, Florida Statutes, is

16  created to read:

17         1006.57  Certain books furnished by Clerk of Supreme

18  Court.--

19         (1)  The Clerk of the Supreme Court of the state shall

20  furnish the State Board of Education three bound copies of

21  each volume of the Florida Supreme Court Reports as the same

22  are issued and published for the use of the schools of law of

23  the University of Florida, the Florida State University,

24  Florida International University, and Florida Agricultural and

25  Mechanical University.

26         (2)  The Clerk of the Supreme Court shall transmit to

27  said schools of law any law books coming into his or her

28  possession for the Supreme Court which are not necessary for

29  said court. The clerk of said court shall furnish said Supreme

30  Court Reports and said surplus law books without cost to said

31  law schools.


                                 747

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 328.  Section 1006.58, Florida Statutes, is

 2  created to read:

 3         1006.58  Collections management for museums and

 4  galleries of state universities.--

 5         (1)  State universities may enter into contracts or

 6  agreements with or without competitive bidding, as

 7  appropriate, for the restoration of objects of art, art

 8  history, or natural history in their collections or for the

 9  purchase of objects of art, art history, or natural history

10  which are to be added to their collections.

11         (2)  State universities may sell any art, art history,

12  or natural history object in their museum or gallery

13  collections if the university determines that it is no longer

14  appropriate for the collection. The proceeds of the sale shall

15  be deposited in the Acquisition, Restoration, and Conservation

16  Trust Fund or other appropriate trust fund of the university.

17  Each state university museum or gallery shall function

18  entirely separate from every state university museum or

19  gallery. State universities also may exchange any art, art

20  history, or natural history object which the university

21  museums or galleries judge is of equivalent or greater value

22  to their museums or galleries.

23         (3)  No employee, representative, or agent of a

24  university shall receive a commission, fee, or financial

25  benefit in connection with the sale or exchange of a work of

26  art, art history, or natural history, nor may he or she be a

27  business associate of any individual, firm, or organization

28  involved in the sale or exchange.

29         (4)(a)  Each university may establish an Acquisition,

30  Restoration, and Conservation Trust Fund or utilize an

31  appropriate existing trust fund.


                                 748

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  The president of each university may delegate the

 2  following authority to the museum or gallery directors and

 3  governing bodies of the museums or galleries:

 4         1.  To enter into contracts for the restoration or

 5  purchase of art, art history, or natural history objects, with

 6  or without competitive bidding, as appropriate.

 7         2.  To sell art, art history, or natural history

 8  objects in museum or gallery collections, the proceeds of

 9  which shall be deposited in the Acquisition, Restoration, and

10  Conservation Trust Fund or other appropriate existing trust

11  fund.

12         3.  To exchange art, art history, or natural history

13  objects of equal or greater value with any other state

14  university.

15         Section 329.  Section 1006.59, Florida Statutes, is

16  created to read:

17         1006.59  The Historically Black College and University

18  Library Improvement Program.--

19         (1)  It is the intent of the Legislature to enhance the

20  quality of the libraries at Florida Agricultural and

21  Mechanical University, Bethune-Cookman College, Edward Waters

22  College, and Florida Memorial College.

23         (2)  There is created the Historically Black College

24  and University Library Improvement Program to be administered

25  by the Department of Education. The primary objectives of the

26  program shall be to increase each library's holdings by 500 to

27  1,000 books per year, to increase library use by students and

28  faculty, and to enhance the professional growth of librarians

29  by providing inservice training. At least 50 percent of

30  library acquisitions shall be in the humanities, with the

31  balance to be in all other disciplines. It is the intent of


                                 749

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the Legislature to provide general revenue funds each year to

 2  support this program.

 3         (3)  Each institution shall submit to the State Board

 4  of Education a plan for enhancing its library through the

 5  following activities:

 6         (a)  Each institution shall increase the number of

 7  volumes by purchasing replacement books and new titles. Funds

 8  shall not be used to purchase periodicals or nonprint media.

 9  The goal of these purchases is to meet the needs of students

10  and faculty in disciplines that have recently been added to

11  the curriculum, in traditional academic fields that have been

12  expanded, or in academic fields in which rapid changes in

13  technology result in accelerated obsolescence of related

14  library holdings.

15         (b)  A committee composed of librarians and faculty at

16  each institution shall assess the adequacy of library holdings

17  in all academic areas. The committee shall develop a list of

18  resources that need to be replaced. Based on its assessment of

19  the current collection, the committee shall develop a

20  prioritized list of recommended acquisitions and shall submit

21  such list to the college or university president.

22         Section 330.  Section 1006.60, Florida Statutes, is

23  created to read:

24         1006.60  Codes of conduct; disciplinary measures;

25  rulemaking authority.--

26         (1)  Each community college and state university may

27  adopt, by rule, codes of conduct and appropriate penalties for

28  violations of rules by students, to be administered by the

29  institution. Such penalties, unless otherwise provided by law,

30  may include: reprimand; restitution; fines; withholding of

31  diplomas or transcripts pending compliance with rules,


                                 750

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  completion of any student judicial process or sanction, or

 2  payment of fines; restrictions on the use of or removal from

 3  campus facilities; community service; educational

 4  requirements; and the imposition of probation, suspension,

 5  dismissal, or expulsion.

 6         (2)  Each community college and state university may

 7  adopt, by rule, a code of conduct and appropriate penalties

 8  for violations of rules by student organizations, to be

 9  administered by the institution. Such penalties, unless

10  otherwise provided by law, may include: reprimand;

11  restitution; suspension, cancellation, or revocation of the

12  registration or official recognition of a student

13  organization; and restrictions on the use of, or removal from,

14  campus facilities.

15         (3)  Sanctions authorized by such codes of conduct may

16  be imposed only for acts or omissions in violation of rules

17  adopted by the institution, including rules adopted under this

18  section, rules of the State Board of Education, county and

19  municipal ordinances, and the laws of this state, the United

20  States, or any other state.

21         (4)  Each community college and state university may

22  establish and adopt, by rule, codes of appropriate penalties

23  for violations of rules governing student academic honesty.

24  Such penalties, unless otherwise provided by law, may include:

25  reprimand; reduction of grade; denial of academic credit;

26  invalidation of university credit or of the degree based upon

27  such credit; probation; suspension; dismissal; or expulsion.

28  In addition to any other penalties that may be imposed, an

29  individual may be denied admission or further registration,

30  and the institution may invalidate academic credit for work

31  done by a student and may invalidate or revoke the degree


                                 751

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  based upon such credit if it is determined that the student

 2  has made false, fraudulent, or incomplete statements in the

 3  application, residence affidavit, or accompanying documents or

 4  statements in connection with, or supplemental to, the

 5  application for admission to or graduation from the

 6  institution.

 7         (5)  Each community college and state university shall

 8  adopt rules for the lawful discipline of any student who

 9  intentionally acts to impair, interfere with, or obstruct the

10  orderly conduct, processes, and functions of the institution.

11  Said rules may apply to acts conducted on or off campus when

12  relevant to such orderly conduct, processes, and functions.

13         Section 331.  Section 1006.61, Florida Statutes, is

14  created to read:

15         1006.61  Participation by students in disruptive

16  activities at public postsecondary educational institution;

17  penalties.--

18         (1)  Any person who accepts the privilege extended by

19  the laws of this state of attendance at any public

20  postsecondary educational institution shall, by attending such

21  institution, be deemed to have given his or her consent to the

22  policies of that institution, the State Board of Education,

23  and the laws of this state. Such policies shall include

24  prohibition against disruptive activities at public

25  postsecondary educational institutions.

26         (2)  After it has been determined that a student of a

27  state institution of higher learning has participated in

28  disruptive activities, such student may be immediately

29  expelled from the institution for a minimum of 2 years.

30         Section 332.  Section 1006.62, Florida Statutes, is

31  created to read:


                                 752

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         1006.62  Expulsion and discipline of students of

 2  community colleges and state universities.--

 3         (1)  Each student in a community college or state

 4  university is subject to federal and state law, respective

 5  county and municipal ordinances, and all rules and regulations

 6  of the State Board of Education or board of trustees of the

 7  institution.

 8         (2)  Violation of these published laws, ordinances, or

 9  rules and regulations may subject the violator to appropriate

10  action by the institution's authorities.

11         (3)  Each president of a community college or state

12  university may, after notice to the student of the charges and

13  after a hearing thereon, to expel, suspend, or otherwise

14  discipline any student who is found to have violated any law,

15  ordinance, or rule or regulation of the State Board of

16  Education or of the board of trustees of the institution. A

17  student may be entitled to waiver of expulsion:

18         (a)  If the student provides substantial assistance in

19  the identification, arrest, or conviction of any of his or her

20  accomplices, accessories, coconspirators, or principals or of

21  any other person engaged in violations of chapter 893 within a

22  state university or community college;

23         (b)  If the student voluntarily discloses his or her

24  violations of chapter 893 prior to his or her arrest; or

25         (c)  If the student commits himself or herself, or is

26  referred by the court in lieu of sentence, to a state-licensed

27  drug abuse program and successfully completes the program.

28         Section 333.  Section 1006.63, Florida Statutes, is

29  created to read:

30         1006.63  Hazing prohibited.--

31  


                                 753

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (1)  As used in this section, "hazing" means any action

 2  or situation that recklessly or intentionally endangers the

 3  mental or physical health or safety of a student for the

 4  purpose of initiation or admission into or affiliation with

 5  any organization operating under the sanction of a

 6  postsecondary institution. Such term includes, but is not

 7  limited to, any brutality of a physical nature, such as

 8  whipping, beating, branding, forced calisthenics, exposure to

 9  the elements, forced consumption of any food, liquor, drug, or

10  other substance, or other forced physical activity which could

11  adversely affect the physical health or safety of the student,

12  and also includes any activity which would subject the student

13  to extreme mental stress, such as sleep deprivation, forced

14  exclusion from social contact, forced conduct which could

15  result in extreme embarrassment, or other forced activity

16  which could adversely affect the mental health or dignity of

17  the student.

18         (2)  Public and nonpublic postsecondary educational

19  institutions whose students receive state student financial

20  assistance must adopt a written antihazing policy and under

21  such policy must adopt rules prohibiting students or other

22  persons associated with any student organization from engaging

23  in hazing.

24         (3)  Public and nonpublic postsecondary educational

25  institutions must provide a program for the enforcement of

26  such rules and must adopt appropriate penalties for violations

27  of such rules, to be administered by the person at the

28  institution responsible for the sanctioning of such

29  organizations.

30         (a)  Such penalties at community colleges and state

31  universities may include the imposition of fines; the


                                 754

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  withholding of diplomas or transcripts pending compliance with

 2  the rules or pending payment of fines; and the imposition of

 3  probation, suspension, or dismissal.

 4         (b)  In the case of an organization at a community

 5  college or state university which authorizes hazing in blatant

 6  disregard of such rules, penalties may also include rescission

 7  of permission for that organization to operate on campus

 8  property or to otherwise operate under the sanction of the

 9  institution.

10         (c)  All penalties imposed under the authority of this

11  subsection shall be in addition to any penalty imposed for

12  violation of any of the criminal laws of this state or for

13  violation of any other rule of the institution to which the

14  violator may be subject.

15         (4)  Rules adopted pursuant hereto shall apply to acts

16  conducted on or off campus whenever such acts are deemed to

17  constitute hazing.

18         (5)  Upon approval of the antihazing policy of a

19  community college or state university and of the rules and

20  penalties adopted pursuant thereto, the institution shall

21  provide a copy of such policy, rules, and penalties to each

22  student enrolled in that institution and shall require the

23  inclusion of such policy, rules, and penalties in the bylaws

24  of every organization operating under the sanction of the

25  institution.

26         Section 334.  Section 1006.64, Florida Statutes, is

27  created to read:

28         1006.64  Suspension and removal from office of elected

29  student government officials; referendum.--The student

30  government association of each community college and state

31  university shall establish a process to provide for the


                                 755

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  removal from office of any elected student government official

 2  who has been convicted of a violation of criminal law or has

 3  been found civilly liable for an act of moral turpitude, after

 4  all available rights of judicial appeal have been exercised or

 5  waived or have expired. The process shall include a procedure

 6  for the immediate suspension of the student government

 7  official from elected office following the conviction or civil

 8  finding and during any appeal, and shall provide for the

 9  temporary successor to the subject office pending completion

10  of any appeal. The process must also include a procedure for

11  registered students to petition for a referendum recommending

12  to the student government association the removal of a student

13  official from elected office. The referendum must be held

14  within 60 days of filing of the petition. The recommendation

15  to remove the subject official from elected office shall be

16  made by majority vote of the students participating in the

17  referendum. The action of a student government association

18  under this section shall be subject to an appeal to the

19  university or community college president or designee.

20         Section 335.  Section 1006.65, Florida Statutes, is

21  created to read:

22         1006.65  Safety issues in courses offered by public

23  postsecondary educational institutions.--

24         (1)  The State Board of Education shall adopt rules to

25  ensure that policies and procedures are in place to protect

26  the health and safety of students, instructional personnel,

27  and visitors who participate in courses offered by a public

28  postsecondary educational institution.

29         (2)  Such policies and procedures shall be guided by

30  industry standards for practices in the course content area

31  


                                 756

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  and shall conform with all related and relevant state and

 2  federal health and safety requirements.

 3         Section 336.  Section 1006.66, Florida Statutes, is

 4  created to read:

 5         1006.66  Regulation of traffic at universities.--

 6         (1)  As defined under this section:

 7         (a)  "Traffic," when used as a noun, means the use or

 8  occupancy of, and the movement in, on, or over, streets, ways,

 9  walks, roads, alleys, and parking areas by vehicles,

10  pedestrians, or ridden or herded animals.

11         (b)  "Adjacent municipality" means a municipality which

12  is contiguous or adjacent to, or which contains within its

13  boundaries all or part of the grounds of, a university; except

14  that, if the grounds of a university are not within or

15  contiguous to a municipality, "adjacent municipality" means

16  the county seat of the county which contains within its

17  boundaries all or part of the grounds of the university.

18         (c)  "Grounds" includes all of the campus and grounds

19  of the university, whether it be the campus proper or outlying

20  or noncontiguous land of the university within the county.

21         (d)  "Law enforcement officers" include municipal

22  police, patrol officers, traffic officers, sheriffs, deputies,

23  highway patrol officers, and county traffic officers assigned

24  to duty on the grounds of the university; campus police,

25  traffic officers, guards, parking patrollers, and other

26  noncommissioned personnel designated for traffic purposes by

27  the university; and other law enforcement officers as defined

28  in s. 943.10(1).

29         (e)  "University traffic infraction" means a

30  noncriminal violation of university parking and traffic rules

31  which is not included under s. 318.14 or s. 318.17 or any


                                 757

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  municipal ordinance, which is not punishable by incarceration,

 2  and for which there is no right to trial by jury or to

 3  court-appointed counsel.

 4         (f)  "Traffic authority" means an individual or a group

 5  of individuals at each university, authorized and appointed by

 6  the president of the university to adjudicate university

 7  traffic infractions.

 8         (2)  Each university board of trustees shall adopt

 9  rules that govern traffic on the grounds of the university;

10  that provide penalties for the infraction of such traffic

11  rules; and that the university finds necessary, convenient, or

12  advisable for the safety or welfare of the students, faculty

13  members, or other persons. Copies of the rules shall be posted

14  at the university on public bulletin boards where notices are

15  customarily posted, filed with the city clerk or corresponding

16  municipal or county officer, and made available to any person

17  requesting same. When adopted, the rules shall be enforceable

18  as herein provided. All ordinances of the adjacent

19  municipality relating to traffic that are not in conflict or

20  inconsistent with the traffic rules adopted by the individual

21  university shall extend and be applicable to the grounds of

22  the university. The provisions of chapter 316 shall extend and

23  be applicable to the grounds of the university, and the rules

24  adopted by the individual university shall not conflict with

25  any section of that chapter.

26         (3)  Any person who violates any of those rules adopted

27  by the individual institution shall be deemed to have

28  committed a university traffic infraction and shall be fined

29  or penalized as provided by the rules adopted by the

30  institution. Any person who violates any traffic regulation

31  


                                 758

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  enumerated in chapter 316 shall be charged, and the cause

 2  shall proceed, in accordance with chapters 316 and 318.

 3         (4)  A person charged with a university traffic

 4  infraction shall elect the option prescribed in paragraph (a)

 5  or the option prescribed in paragraph (b). If neither option

 6  is exercised within the prescribed time by the person charged

 7  with a university traffic infraction, an additional fine or

 8  penalty may be assessed, and shall be payable, in accordance

 9  with the rules of the university.

10         (a)  The person charged may pay the applicable

11  infraction fine, either by mail or in person, within the time

12  period specified in the rules of the individual university. A

13  schedule of infraction fines applicable to each university

14  shall be adopted by the university.

15         (b)  The person charged may elect to appear before the

16  university traffic authority for administrative determination

17  pursuant to procedures enumerated in the rules of such

18  university.

19         (5)  Each university is authorized to approve the

20  establishment of a university traffic authority to hear

21  violations of traffic rules. In such cases as come before the

22  authority, the university traffic authority shall determine

23  whether the person is guilty or not guilty of the charge. In

24  the case of a finding of guilt, the authority shall, in its

25  discretion, impose an appropriate penalty pursuant to

26  subsection (3).

27         (6)  This section shall provide the exclusive

28  procedures for the adjudication of university traffic

29  infractions.

30         (7)  Moneys collected from parking assessments and

31  infraction fines shall be deposited in appropriate funds and


                                 759

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  shall be used to defray the administrative and operating costs

 2  of the traffic and parking program at the institution, to

 3  provide for additional parking facilities on campus, or for

 4  student loan purposes.

 5         Section 337.  Section 1006.67, Florida Statutes, is

 6  created to read:

 7         1006.67  Report of campus crime statistics and

 8  assessment of physical plant safety.--

 9         (1)  Each postsecondary educational institution shall

10  prepare an annual report of campus crime statistics for

11  submission to the Department of Education. The data for these

12  reports may be taken from the Florida Department of Law

13  Enforcement Annual Report. The Department of Education shall

14  prescribe the format for institutional submission.

15         (2)  Each postsecondary institution shall prepare a

16  report of crime statistics as reported under subsection (1)

17  for the most recent 3-year period. The report shall be updated

18  annually. The institution shall give notice that this report

19  is available upon request.

20         (3)  The Commissioner of Education shall convey the

21  reports required by this section to the President of the

22  Senate and the Speaker of the House of Representatives no

23  later than March 1 of each year.

24         Section 338.  Section 1006.68, Florida Statutes, is

25  created to read:

26         1006.68  HIV and AIDS policy.--Each community college

27  and state university shall develop a comprehensive policy that

28  addresses the provision of instruction, information, and

29  activities regarding human immunodeficiency virus infection

30  and acquired immune deficiency syndrome. Such instruction,

31  information, or activities shall emphasize the known modes of


                                 760

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  transmission of human immunodeficiency virus infection and

 2  acquired immune deficiency syndrome, signs and symptoms,

 3  associated risk factors, appropriate behavior and attitude

 4  change, and means used to control the spread of human

 5  immunodeficiency virus infection and acquired immune

 6  deficiency syndrome.

 7         Section 339.  Section 1006.69, Florida Statutes, is

 8  created to read:

 9         1006.69  Vaccination against meningococcal meningitis

10  and hepatitis B.--

11         (1)  A postsecondary educational institution shall

12  provide detailed information concerning the risks associated

13  with meningococcal meningitis and hepatitis B and the

14  availability, effectiveness, and known contraindications of

15  any required or recommended vaccine to every student, or to

16  the student's parent if the student is a minor, who has been

17  accepted for admission.

18         (2)  An individual enrolled in a postsecondary

19  educational institution who will be residing in on-campus

20  housing shall provide documentation of vaccinations against

21  meningococcal meningitis and hepatitis B unless the

22  individual, if the individual is 18 years of age or older, or

23  the individual's parent, if the individual is a minor,

24  declines the vaccinations by signing a separate waiver for

25  each of these vaccines, provided by the institution,

26  acknowledging receipt and review of the information provided.

27         (3)  This section does not require any postsecondary

28  educational institution to provide or pay for vaccinations

29  against meningococcal meningitis and hepatitis B.

30         Section 340.  Section 1006.70, Florida Statutes, is

31  created to read:


                                 761

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         1006.70  Sponsorship of athletic activities similar to

 2  those for which scholarships offered; rulemaking.--

 3         (1)  If a district school board sponsors an athletic

 4  activity or sport that is similar to a sport for which a

 5  community college or state university offers an athletic

 6  scholarship, it must sponsor the athletic activity or sport

 7  for which a scholarship is offered. This section does not

 8  affect academic requirements for participation or prevent the

 9  districts or community colleges from sponsoring activities in

10  addition to those for which scholarships are provided.

11         (2)  If a community college sponsors an athletic

12  activity or sport that is similar to a sport for which a state

13  university offers an athletic scholarship, it must sponsor the

14  athletic activity or sport for which a scholarship is offered.

15         (3)  Two athletic activities or sports that are similar

16  may be offered simultaneously.

17         (4)  If the level of participation is insufficient to

18  warrant continuation of an athletic activity or sport, the

19  school may offer an alternative athletic activity or sport.

20         (5)  The State Board of Education shall adopt rules to

21  administer this section, including rules that determine which

22  athletic activities are similar to sports for which public

23  postsecondary educational institutions offer scholarships.

24         Section 341.  Section 1006.71, Florida Statutes, is

25  created to read:

26         1006.71  Gender equity in intercollegiate athletics.--

27         (1)  GENDER EQUITY PLAN.--

28         (a)  Each community college and state university shall

29  develop a gender equity plan pursuant to s. 1000.05.

30         (b)  The plan shall include consideration of equity in

31  sports offerings, participation, availability of facilities,


                                 762

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  scholarship offerings, and funds allocated for administration,

 2  recruitment, comparable coaching, publicity and promotion, and

 3  other support costs.

 4         (c)  The Commissioner of Education shall annually

 5  assess the progress of each institution's plan and advise the

 6  State Board of Education regarding compliance.

 7         (d)  Each board of trustees of a public community

 8  college or state university shall annually evaluate the

 9  presidents on the extent to which the gender equity goals have

10  been achieved.

11         (e)  To determine the proper level of support for

12  women's athletic scholarships, an equity plan may determine,

13  where appropriate, that support for women's scholarships may

14  be disproportionate to the support of scholarships for men.

15         (f)  If a community college or state university is not

16  in compliance with Title IX of the Education Amendments of

17  1972 and the Florida Educational Equity Act, the State Board

18  of Education shall:

19         1.  Declare the institution ineligible for competitive

20  state grants.

21         2.  Withhold funds sufficient to obtain compliance.

22  

23  The institution shall remain ineligible and the funds shall

24  not be paid until the institution comes into compliance or the

25  Commissioner of Education approves a plan for compliance.

26         (2)  FUNDING.--

27         (a)  An equitable portion of all separate athletic fees

28  shall be designated for women's intercollegiate athletics.

29         (b)  The level of funding and percentage share of

30  support for women's intercollegiate athletics shall be

31  determined by the State Board of Education. The level of


                                 763

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  funding and percentage share attained in the 1980-1981 fiscal

 2  year shall be the minimum level and percentage maintained by

 3  each institution, except as the State Board of Education

 4  otherwise directs for the purpose of assuring equity.

 5  Consideration shall be given by the State Board of Education

 6  to emerging athletic programs at institutions which may not

 7  have the resources to secure external funds to provide

 8  athletic opportunities for women. It is the intent that the

 9  effect of any redistribution of funds among institutions shall

10  not negate the requirements as set forth in this section.

11         (c)  In addition to the above amount, an amount equal

12  to the sales taxes collected from admission to athletic events

13  sponsored by a state university shall be retained and utilized

14  by each university to support women's athletics.

15         (3)  STATE BOARD OF EDUCATION.--The State Board of

16  Education shall assure equal opportunity for female athletes

17  and establish:

18         (a)  Guidelines for reporting of intercollegiate

19  athletics data concerning financial, program, and facilities

20  information for review by the State Board of Education

21  annually.

22         (b)  Systematic audits for the evaluation of such data.

23         (c)  Criteria for determining and assuring equity.

24         Section 342.  Chapter 1007, Florida Statutes, shall be

25  entitled "Articulation and Access" and shall consist of ss.

26  1007.01-1007.34.

27         Section 343.  Part I of chapter 1007, Florida Statutes,

28  shall be entitled "General Provisions" and shall consist of s.

29  1007.01.

30         Section 344.  Section 1007.01, Florida Statutes, is

31  created to read:


                                 764

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         1007.01  Articulation; legislative intent; purpose;

 2  role of the State Board of Education.--

 3         (1)  It is the intent of the Legislature to facilitate

 4  articulation and seamless integration of the K-20 education

 5  system by building and sustaining relationships among K-20

 6  public organizations, between public and private

 7  organizations, and between the education system as a whole and

 8  Florida's communities. The purpose of building and sustaining

 9  these relationships is to provide for the efficient and

10  effective progression and transfer of students within the

11  education system and to allow students to proceed toward their

12  educational objectives as rapidly as their circumstances

13  permit.

14         (2)  To improve and facilitate articulation systemwide,

15  the State Board of Education shall develop policies and

16  guidelines with input from statewide K-20 advisory groups

17  established by the Commissioner of Education relating to:

18         (a)  The alignment between the exit requirements of one

19  system and the admissions requirements of another system into

20  which students typically transfer.

21         (b)  The identification of common courses, the level of

22  courses, institutional participation in a statewide course

23  numbering system, and the transferability of credits among

24  such institutions.

25         (c)  Identification of courses that meet general

26  education or common degree program prerequisite requirements

27  at public postsecondary educational institutions.

28         (d)  Dual enrollment course equivalencies.

29         (e)  Articulation agreements.

30  

31  


                                 765

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 345.  Part II of chapter 1007, Florida

 2  Statutes, shall be entitled "Articulation" and shall consist

 3  of ss. 1007.21-1007.28.

 4         Section 346.  Section 1007.21, Florida Statutes, is

 5  created to read:

 6         1007.21  Readiness for postsecondary education and the

 7  workplace.--

 8         (1)  It is the intent of the Legislature that students

 9  and parents set early achievement and career goals for the

10  student's post-high school experience. This section sets forth

11  a model which schools, through their school advisory councils,

12  may choose to implement to ensure that students are ready for

13  postsecondary education and the workplace. If such a program

14  is adopted, students and their parents shall have the option

15  of participating in this model to plan the student's secondary

16  level course of study. Parents and students are to become

17  partners with school personnel in educational choice.  Clear

18  academic course expectations shall be made available to all

19  students by allowing both student and parent or guardian

20  choice.

21         (2)(a)  Students entering the 9th grade and their

22  parents shall be active participants in choosing an

23  end-of-high-school student destination based upon both student

24  and parent or guardian goals. Four or more destinations should

25  be available with bridges between destinations to enable

26  students to shift destinations should they choose to change

27  goals. The destinations shall accommodate the needs of

28  students served in exceptional education programs to the

29  extent appropriate for individual students. Exceptional

30  education students may continue to follow the courses outlined

31  in the district school board student progression plan.


                                 766

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Participating students and their parents shall choose among

 2  destinations, which must include:

 3         1.  Four-year college or university, community college

 4  plus university, or military academy.

 5         2.  Two-year postsecondary degree.

 6         3.  Postsecondary career and technical certificate.

 7         4.  Immediate employment or entry-level military.

 8         (b)  The student progression model toward a chosen

 9  destination shall include:

10         1.  A "path" of core courses leading to each of the

11  destinations provided in paragraph (a).

12         2.  A recommended group of electives which shall help

13  define each path.

14         3.  Provisions for a teacher, school administrator,

15  other school staff member, or community volunteer to be

16  assigned to a student as an "academic advocate" if parental or

17  guardian involvement is lacking.

18         (c)  The common placement test authorized in ss.

19  1001.03(10) and 1008.30 or a similar test may be administered

20  to all high school second semester sophomores who have chosen

21  one of the four destinations.  The results of the placement

22  test shall be used to target additional instructional needs in

23  reading, writing, and mathematics prior to graduation.

24         (d)  Ample opportunity shall be provided for students

25  to move from one destination to another, and some latitude

26  shall exist within each destination, to meet the individual

27  needs of students.

28         (e)  Destinations specified in subparagraphs (a)1., 2.,

29  and 3. shall support the goals of the Tech Prep program.

30  Students participating in Tech Prep shall be enrolled in

31  articulated, sequential programs of study that include a


                                 767

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  technical component and at least a minimum of a postsecondary

 2  certificate or 2-year degree.

 3         (f)  In order for these destinations to be attainable,

 4  the business community shall be encouraged to support

 5  real-world internships and apprenticeships.

 6         (g)  All students shall be encouraged to take part in

 7  service learning opportunities.

 8         (h)  High school equivalency diploma preparation

 9  programs shall not be a choice for high school students

10  leading to any of the four destinations provided in paragraph

11  (a) since the appropriate coursework, counseling component,

12  and career preparation cannot be ensured.

13         (i)  Schools shall ensure that students and parents are

14  made aware of the destinations available and provide the

15  necessary coursework to assist the student in reaching the

16  chosen destination.  Students and parents shall be made aware

17  of the student's progress toward the chosen destination.

18         (j)  The Department of Education shall offer technical

19  assistance to school districts to ensure that the destinations

20  offered also meet the academic standards adopted by the state.

21         (3)(a)  Access to Level I courses for graduation credit

22  and for pursuit of a declared destination shall be limited to

23  only those students for whom assessment indicates a more

24  rigorous course of study would be inappropriate.

25         (b)  The school principal shall:

26         1.  Designate a member of the existing instructional or

27  administrative staff to serve as a specialist to help

28  coordinate the use of student achievement strategies to help

29  students succeed in their coursework. The specialist shall

30  also assist teachers in integrating the academic and career

31  and technical curricula, utilizing technology, providing


                                 768

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  feedback regarding student achievement, and implementing the

 2  Blueprint for Career Preparation and Tech Prep programs.

 3         2.  Institute strategies to eliminate reading, writing,

 4  and mathematics deficiencies of secondary students.

 5         Section 347.  Section 1007.22, Florida Statutes, is

 6  created to read:

 7         1007.22  Articulation; postsecondary institution

 8  coordination and collaboration.--

 9         (1)  The university boards of trustees, community

10  college boards of trustees, and district school boards may

11  establish intrainstitutional and interinstitutional programs

12  to maximize articulation. Programs may include

13  upper-division-level courses offered at the community college,

14  distance learning, transfer agreements that facilitate the

15  transfer of credits between public and nonpublic postsecondary

16  institutions, and the concurrent enrollment of students at a

17  community college and a state university to enable students to

18  take any level of baccalaureate degree coursework.

19         (2)  The levels of postsecondary education shall

20  collaborate in further developing and providing articulated

21  programs in which students can proceed toward their

22  educational objectives as rapidly as their circumstances

23  permit. Time-shortened educational programs, as well as the

24  use of acceleration mechanisms, shall include, but not be

25  limited to, the International Baccalaureate, credit by

26  examination or demonstration of competency, advanced

27  placement, early admissions, and dual enrollment.

28         (3)  Public postsecondary educational institutions

29  serving the same students in a geographic and service area are

30  encouraged to establish appropriate interinstitutional

31  mechanisms to achieve cooperative planning and delivery of


                                 769

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  academic programs and related services, share a high-cost

 2  instructional facility and equipment, coordinate credit and

 3  noncredit outreach activities, have access to each other's

 4  library and media holdings and services, and provide

 5  cooperative campus activities and consultative relationships

 6  for the discussion and resolution of interinstitutional issues

 7  and problems which discourage student access or transfer.

 8         (4)  Public postsecondary education institutions are

 9  encouraged to include independent colleges and universities

10  and industries within their service areas in mutual planning

11  of a comprehensive, complementary, cost-effective array of

12  undergraduate and beginning graduate programs of study to

13  serve that geographic area.

14         Section 348.  Section 1007.23, Florida Statutes, is

15  created to read:

16         1007.23  Statewide articulation agreement.--

17         (1)  The State Board of Education shall establish in

18  rule a statewide articulation agreement that governs:

19         (a)  Articulation between secondary and postsecondary

20  education;

21         (b)  Admission of associate in arts degree graduates

22  from community colleges and state universities;

23         (c)  Admission of applied technology diploma program

24  graduates from community colleges or technical centers;

25         (d)  Admission of associate in science degree and

26  associate in applied science degree graduates from community

27  colleges;

28         (e)  The use of acceleration mechanisms, including

29  nationally standardized examinations through which students

30  may earn credit;

31  


                                 770

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (f)  General education requirements and statewide

 2  course numbers as provided for in ss. 1007.24 and 1007.25; and

 3         (g)  Articulation among programs in nursing.

 4         (2)  The articulation agreement must specifically

 5  provide that every associate in arts graduate of a community

 6  college shall have met all general education requirements and

 7  must be granted admission to the upper division of a state

 8  university except to a limited access or teacher certification

 9  program or a major program requiring an audition.  After

10  admission has been granted to students under provisions of

11  this section and to university students who have successfully

12  completed 60 credit hours of coursework, including 36 hours of

13  general education, and met the requirements of s. 1008.29,

14  admission shall be granted to state university and community

15  college students who have successfully completed 60 credit

16  hours of work, including 36 hours of general education.

17  Community college associate in arts graduates shall receive

18  priority for admission to a state university over out-of-state

19  students. Orientation programs and student handbooks provided

20  to freshman enrollees and transfer students at state

21  universities must include an explanation of this provision of

22  the articulation agreement.

23         (3)  The articulation agreement must guarantee the

24  statewide articulation of appropriate workforce development

25  programs and courses between school districts and community

26  colleges and specifically provide that every applied

27  technology diploma graduate must be granted the same amount of

28  credit upon admission to an associate in science degree or

29  associate in applied science degree program unless it is a

30  limited access program. Preference for admission must be given

31  to graduates who are residents of Florida.


                                 771

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (4)  The articulation agreement must guarantee the

 2  statewide articulation of appropriate courses within associate

 3  in science degree programs to baccalaureate degree programs.

 4  Courses within an associate in applied science degree program

 5  may articulate into a baccalaureate degree program on an

 6  individual or block basis as authorized in local

 7  interinstitutional articulation agreements.

 8         Section 349.  Section 1007.235, Florida Statutes, is

 9  created to read:

10         1007.235  District interinstitutional articulation

11  agreements.--

12         (1)  District school superintendents and community

13  college presidents shall jointly develop and implement a

14  comprehensive articulated acceleration program for the

15  students enrolled in their respective school districts and

16  service areas. Within this general responsibility, each

17  superintendent and president shall develop a comprehensive

18  interinstitutional articulation agreement for the school

19  district and community college that serves the school

20  district. The district school superintendent and president

21  shall establish an articulation committee for the purpose of

22  developing this agreement.  Each state university president is

23  encouraged to designate a university representative to

24  participate in the development of the interinstitutional

25  articulation agreements for each school district within the

26  university service area.

27         (2)  The district interinstitutional articulation

28  agreement for each school year must be completed before high

29  school registration for the fall term of the following school

30  year. The agreement must include, but is not limited to, the

31  following components:


                                 772

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (a)  A ratification or modification of all existing

 2  articulation agreements.

 3         (b)1.  A delineation of courses and programs available

 4  to students eligible to participate in dual enrollment. This

 5  delineation must include a plan for the community college to

 6  provide guidance services to participating students on the

 7  selection of courses in the dual enrollment program. The

 8  process of community college guidance should make maximum use

 9  of the automated advisement system for community colleges. The

10  plan must assure that each dual enrollment student is

11  encouraged to identify a postsecondary education objective

12  with which to guide the course selection. At a minimum, each

13  student's plan should include a list of courses that will

14  result in an Applied Technology Diploma, an Associate in

15  Science degree, or an Associate in Arts degree. If the student

16  identifies a baccalaureate degree as the objective, the plan

17  must include courses that will meet the general education

18  requirements and any prerequisite requirements for entrance

19  into a selected baccalaureate degree program.

20         2.  A delineation of the process by which students and

21  their parents are informed about opportunities to participate

22  in articulated acceleration programs.

23         3.  A delineation of the process by which students and

24  their parents exercise their option to participate in an

25  articulated acceleration program.

26         4.  A delineation of high school credits earned for

27  completion of each dual enrollment course.

28         5.  Provision for postsecondary courses that meet the

29  criteria for inclusion in a district articulated acceleration

30  program to be counted toward meeting the graduation

31  requirements of s. 1003.43.


                                 773

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         6.  An identification of eligibility criteria for

 2  student participation in dual enrollment courses and programs.

 3         7.  A delineation of institutional responsibilities

 4  regarding student screening prior to enrollment and monitoring

 5  student performance subsequent to enrollment in dual

 6  enrollment courses and programs.

 7         8.  An identification of the criteria by which the

 8  quality of dual enrollment courses and programs are to be

 9  judged and a delineation of institutional responsibilities for

10  the maintenance of instructional quality.

11         9.  A delineation of institutional responsibilities for

12  assuming the cost of dual enrollment courses and programs that

13  includes such responsibilities for student instructional

14  materials.

15         10.  An identification of responsibility for providing

16  student transportation if the dual enrollment instruction is

17  conducted at a facility other than the high school campus.

18         11.  A delineation of the process for converting

19  college credit hours earned through dual enrollment and early

20  admission programs to high school credit based on mastery of

21  course outcomes as determined by the Department of Education

22  in accordance with s. 1007.271(6).

23         (c)  Mechanisms and strategies for reducing the

24  incidence of postsecondary remediation in math, reading, and

25  writing for first-time-enrolled recent high school graduates,

26  based upon the findings in the postsecondary

27  readiness-for-college report produced pursuant to s. 1008.37.

28  Each articulation committee shall annually analyze and assess

29  the effectiveness of the mechanisms toward meeting the goal of

30  reducing postsecondary remediation needs.  Results of the

31  assessment shall be annually presented to participating


                                 774

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  district school boards and community college boards of

 2  trustees and shall include, but not be limited to:

 3         1.  Mechanisms currently being initiated.

 4         2.  An analysis of problems and corrective actions.

 5         3.  Anticipated outcomes.

 6         4.  Strategies for the better preparation of students

 7  upon graduation from high school.

 8         5.  An analysis of costs associated with the

 9  implementation of postsecondary remedial education and

10  secondary-level corrective actions.

11         6.  The identification of strategies for reducing costs

12  of the delivery of postsecondary remediation for recent high

13  school graduates, including the consideration and assessment

14  of alternative instructional methods and services such as

15  those produced by private providers.

16  

17  Wherever possible, public schools and community colleges are

18  encouraged to share resources, form partnerships with private

19  industries, and implement innovative strategies and mechanisms

20  such as distance learning, summer student and faculty

21  workshops, parental involvement activities, and the

22  distribution of information over the Internet.

23         (d)  Mechanisms and strategies for promoting "tech

24  prep" programs of study. Such mechanisms should raise

25  awareness about the programs, promote enrollment in the

26  programs, and articulate students from a secondary portion

27  into a planned, related postsecondary portion of a sequential

28  program of study that leads to a terminal postsecondary career

29  or technical education degree or certificate.

30         (3)  The district interinstitutional articulation

31  agreement shall include a plan that outlines the mechanisms


                                 775

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  and strategies for improving the preparation of elementary,

 2  middle, and high school teachers. Effective collaboration

 3  among school districts, postsecondary institutions, and

 4  practicing educators is essential to improving teaching in

 5  Florida's elementary and secondary schools and consequently,

 6  the retention and success of students through high school

 7  graduation and into postsecondary education. Professional

 8  development programs shall be developed cooperatively and

 9  include curricular content which focuses upon local and state

10  needs and responds to state, national, and district policy and

11  program priorities. School districts and community colleges

12  are encouraged to develop plans which utilize new

13  technologies, address critical needs in their implementation,

14  and include both preservice and inservice initiatives.

15         (4)  The district school superintendent is responsible

16  for incorporating, either directly or by reference, all dual

17  enrollment courses contained within the district

18  interinstitutional articulation agreement within the district

19  school board's student progression plan.

20         (5)  The Department of Education shall review each

21  articulation agreement and certify the statewide course number

22  of postsecondary courses that meet each district's graduation

23  requirements.

24         (6)  District school boards and community colleges may

25  enter into additional interinstitutional articulation

26  agreements with state universities for the purposes of this

27  section. School districts may also enter into

28  interinstitutional articulation agreements with eligible

29  independent colleges and universities pursuant to s.

30  1011.62(1)(i).

31  


                                 776

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (7)  State universities and community colleges may

 2  enter into interinstitutional articulation agreements with

 3  nonpublic secondary schools pursuant to s. 1007.271(2).

 4         Section 350.  Section 1007.24, Florida Statutes, is

 5  created to read:

 6         1007.24  Statewide course numbering system.--

 7         (1)  The Department of Education shall develop,

 8  coordinate, and maintain a statewide course numbering system

 9  for postsecondary and dual enrollment education in school

10  districts, public postsecondary educational institutions, and

11  participating nonpublic postsecondary educational institutions

12  that will improve program planning, increase communication

13  among all delivery systems, and facilitate student

14  acceleration and the transfer of students and credits between

15  public school districts, public postsecondary educational

16  institutions, and participating nonpublic educational

17  institutions. The continuing maintenance of the system shall

18  be accomplished with the assistance of appropriate faculty

19  committees representing public and participating nonpublic

20  educational institutions.

21         (2)  The Commissioner of Education shall appoint

22  faculty committees representing faculties of participating

23  institutions to recommend a single level for each course,

24  including postsecondary career and technical education

25  courses, included in the statewide course numbering system.

26         (a)  Any course designated as an upper-division-level

27  course must be characterized by a need for advanced academic

28  preparation and skills that a student would be unlikely to

29  achieve without significant prior coursework.

30         (b)  A course that is offered as part of an associate

31  in science degree program and as an upper-division course for


                                 777

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  a baccalaureate degree shall be designated for both the lower

 2  and upper division.

 3         (c)  A course designated as lower-division may be

 4  offered by any community college.

 5         (3)  The Commissioner of Education shall recommend to

 6  the State Board of Education the levels for the courses.

 7         (4)  The statewide course numbering system shall

 8  include the courses at the recommended levels.

 9         (5)  The registration process at each state university

10  and community college shall include the courses at their

11  designated levels and statewide course number.

12         (6)  Nonpublic colleges and schools that are fully

13  accredited by a regional or national accrediting agency

14  recognized by the United States Department of Education and

15  are either eligible to participate in the William L. Boyd, IV,

16  Florida Resident Access Grant or have been issued a regular

17  license pursuant to s. 1005.31, may participate in the

18  statewide course numbering system pursuant to s. 1007.24.

19  Participating colleges and schools shall bear the costs

20  associated with inclusion in the system and shall meet the

21  terms and conditions for institutional participation in the

22  system. The department shall adopt a fee schedule that

23  includes the expenses incurred through data processing,

24  faculty task force travel and per diem, and staff and clerical

25  support time. Such fee schedule may differentiate between the

26  costs associated with initial course inclusion in the system

27  and costs associated with subsequent course maintenance in the

28  system. Decisions regarding initial course inclusion and

29  subsequent course maintenance must be made within 360 days

30  after submission of the required materials and fees by the

31  institution. The Department of Education may select a date by


                                 778

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  which colleges must submit requests for new courses to be

 2  included, and may delay review of courses submitted after that

 3  date until the next year's cycle. Any college that currently

 4  participates in the system, and that participated in the

 5  system prior to July 1, 1986, shall not be required to pay the

 6  costs associated with initial course inclusion in the system.

 7  Fees collected for participation in the statewide course

 8  numbering system pursuant to the provisions of this section

 9  shall be deposited in the Institutional Assessment Trust Fund.

10  Any nonpublic, nonprofit college or university that is

11  eligible to participate in the statewide course numbering

12  system shall not be required to pay the costs associated with

13  participation in the system.  No college or school shall

14  record student transcripts or document courses offered by the

15  college or school in accordance with this subsection unless

16  the college or school is actually participating in the system

17  pursuant to rules of the State Board of Education.  Any

18  college or school deemed to be in violation of this section

19  shall be subject to the provisions of s. 1005.38.

20         (7)  Any student who transfers among postsecondary

21  institutions that are fully accredited by a regional or

22  national accrediting agency recognized by the United States

23  Department of Education and that participate in the statewide

24  course numbering system shall be awarded credit by the

25  receiving institution for courses satisfactorily completed by

26  the student at the previous institutions. Credit shall be

27  awarded if the courses are judged by the appropriate statewide

28  course numbering system faculty committees representing school

29  districts, public postsecondary educational institutions, and

30  participating nonpublic postsecondary educational institutions

31  to be academically equivalent to courses offered at the


                                 779

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  receiving institution, including equivalency of faculty

 2  credentials, regardless of the public or nonpublic control of

 3  the previous institution. The Department of Education shall

 4  ensure that credits to be accepted by a receiving institution

 5  are generated in courses for which the faculty possess

 6  credentials that are comparable to those required by the

 7  accrediting association of the receiving institution. The

 8  award of credit may be limited to courses that are entered in

 9  the statewide course numbering system. Credits awarded

10  pursuant to this subsection shall satisfy institutional

11  requirements on the same basis as credits awarded to native

12  students.

13         (8)  The State Board of Education shall adopt rules

14  that provide for the conduct of regularly scheduled purges of

15  courses that are listed in the statewide course numbering

16  system but have not been taught at an institution for the

17  preceding 5 years. These rules must include waiver provisions

18  that allow course continuation if an institution has

19  reasonable cause for having not offered a course within the

20  5-year limit and an expectation that the course will be

21  offered again within the following 5 years.

22         Section 351.  Section 1007.25, Florida Statutes, is

23  created to read:

24         1007.25  General education courses; common

25  prerequisites; and other degree requirements.--

26         (1)  The department shall identify the degree programs

27  offered by public postsecondary educational institutions.

28         (2)  The department shall identify postsecondary career

29  and technical education programs offered by community colleges

30  and district school boards. The department shall also identify

31  career and technical courses designated as college credit


                                 780

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  courses applicable toward a career and technical education

 2  diploma or degree. Such courses must be identified within the

 3  statewide course numbering system.

 4         (3)  The department shall identify those courses that

 5  meet general education requirements within the subject areas

 6  of communication, mathematics, social sciences, humanities,

 7  and natural sciences. The courses shall be identified by their

 8  statewide course code number. All public postsecondary

 9  educational institutions shall accept these general education

10  courses.

11         (4)  The department shall identify those courses

12  offered by universities and accepted for credit toward a

13  degree. The department shall identify courses designated as

14  either general education or required as a prerequisite for a

15  degree. The courses shall be identified by their statewide

16  course number.

17         (5)  The department shall identify common prerequisite

18  courses and course substitutions for degree programs across

19  all institutions. Common degree program prerequisites shall be

20  offered and accepted by all state universities and community

21  colleges, except in cases approved by the State Board of

22  Education pursuant to s. 1001.02(2)(x). The department shall

23  develop a centralized database containing the list of courses

24  and course substitutions that meet the prerequisite

25  requirements for each baccalaureate degree program.

26         (6)  The boards of trustees of the community colleges

27  and state universities shall identify their core curricula,

28  which shall include courses required by the State Board of

29  Education.  The universities and community colleges shall work

30  with their school districts to assure that high school

31  curricula coordinate with the core curricula and to prepare


                                 781

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  students for college-level work. Core curricula for associate

 2  in arts programs shall be adopted in rule by the State Board

 3  of Education and shall include 36 semester hours of general

 4  education courses in the subject areas of communication,

 5  mathematics, social sciences, humanities, and natural

 6  sciences.

 7         (7)  An associate in arts degree shall require no more

 8  than 60 semester hours of college credit, including 36

 9  semester hours of general education coursework.  Except for

10  college-preparatory coursework required pursuant to s.

11  1008.30, all required coursework shall count toward the

12  associate in arts degree or the baccalaureate degree.

13         (8)  A baccalaureate degree program shall require no

14  more than 120 semester hours of college credit, including 36

15  semester hours of general education coursework, unless prior

16  approval has been granted by the State Board of Education.

17         (9)  A student who received an associate in arts degree

18  for successfully completing 60 semester credit hours may

19  continue to earn additional credits at a community college.

20  The university must provide credit toward the student's

21  baccalaureate degree for an additional community college

22  course if, according to the statewide course numbering, the

23  community college course is a course listed in the university

24  catalog as required for the degree or as prerequisite to a

25  course required for the degree.  Of the courses required for

26  the degree, at least half of the credit hours required for the

27  degree shall be achievable through courses designated as lower

28  division, except in degree programs approved by the State

29  Board of Education.

30         (10)  Students at state universities may request

31  associate in arts certificates if they have successfully


                                 782

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  completed the minimum requirements for the degree of associate

 2  in arts (A.A.). The university must grant the student an

 3  associate in arts degree if the student has successfully

 4  completed minimum requirements for college-level communication

 5  and computation skills adopted by the State Board of Education

 6  and 60 academic semester hours or the equivalent within a

 7  degree program area, with 36 semester hours in general

 8  education courses in the subject areas of communication,

 9  mathematics, social sciences, humanities, and natural

10  sciences, consistent with the general education requirements

11  specified in the articulation agreement pursuant to s.

12  1007.23.

13         (11)  The Commissioner of Education shall appoint

14  faculty committees representing both community college and

15  public school faculties to recommend to the commissioner for

16  approval by the State Board of Education a standard program

17  length and appropriate occupational completion points for each

18  postsecondary career and technical certificate program,

19  diploma, and degree.

20         Section 352.  Section 1007.261, Florida Statutes, is

21  created to read:

22         1007.261  State universities; admissions of

23  students.--Each university board of trustees is authorized to

24  adopt rules governing the admission of students, subject to

25  this section and rules of the State Board of Education.

26         (1)  Minimum academic standards for undergraduate

27  admission to a university include:

28         (a)  Each student must have received a high school

29  diploma pursuant to s. 1003.43, or its equivalent, except as

30  provided in s. 1007.271(2)-(5) or completed a home education

31  program according to s. 1002.41.


                                 783

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  Each student must have successfully completed a

 2  college-preparatory curriculum of 19 credits, as defined in

 3  rules of the State Board of Education, including at least 2

 4  credits of sequential foreign language at the secondary level

 5  or the equivalent of such instruction at the postsecondary

 6  level. A student who completes a home education program

 7  according to s. 1002.41 is not required to document completion

 8  of the 19 credits required by this paragraph. A student whose

 9  native language is not English is exempt from the foreign

10  language requirement, provided that the student demonstrates

11  proficiency in the native language. If a standardized test is

12  not available in the student's native language for the

13  demonstration of proficiency, the university may provide an

14  alternative method of assessment. The State Board of Education

15  shall adopt rules for the articulation of foreign language

16  competency and equivalency between secondary and postsecondary

17  institutions. A student who received an associate in arts

18  degree prior to September 1, 1989, or who enrolled in a

19  program of studies leading to an associate degree from a

20  community college prior to August 1, 1989, and maintains

21  continuous enrollment shall be exempt from this admissions

22  requirement.

23         (c)  Each student must have submitted a test score from

24  the Scholastic Assessment Test of the College Entrance

25  Examination Board or the American College Testing Program.

26         (2)  The minimum admission standards adopted by the

27  State Board of Education or a university board of trustees

28  must permit a student to earn at least 4 of the 19 credits

29  constituting the college-preparatory curriculum required for

30  admission as electives in any one of the following manners:

31  


                                 784

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (a)  Successful completion of any course identified in

 2  the Department of Education course code directory as level two

 3  or higher in one or more of the following subject areas:

 4  English, mathematics, natural science, social science, and

 5  foreign language;

 6         (b)  Successful completion of any course identified in

 7  the Department of Education course code directory as level

 8  three in the same or related disciplines;

 9         (c)  Any combination of the courses identified in

10  paragraphs (a) and (b); or

11         (d)  Successful completion of two credits from the

12  courses identified in paragraph (a), plus no more than two

13  total credits from the following categories of courses:

14         1.  Courses identified in the Department of Education

15  course code directory as ROTC and military training;

16         2.  Courses identified in the Department of Education

17  course code directory as level two in art-visual arts, dance,

18  drama-theatre arts, language arts, or music; or

19         3.  Any additional courses determined to be equivalent

20  by the Department of Education.

21         (3)  Each university may admit a limited number of

22  students notwithstanding the admission requirements of

23  paragraph (1)(b) relating to credits in foreign language, if

24  there is evidence that the applicant is expected to do

25  successful academic work at the admitting university. The

26  percent of applicants admitted under this subsection may not

27  exceed a level established for the university by the State

28  Board of Education.  Any lower-division student admitted

29  without meeting the foreign language requirement must earn

30  such credits prior to admission to the upper division of a

31  state university. Any associate in arts degree graduate from a


                                 785

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  community college or university in Florida, or other

 2  upper-division transfer student, admitted without meeting the

 3  foreign language requirement, must earn such credits prior to

 4  graduation from a state university.  Students shall be exempt

 5  from the provisions of this subsection if they can demonstrate

 6  proficiency in American sign language equivalent to that of

 7  students who have completed two credits of such instruction in

 8  high school.

 9         (4)  Nonresident students may be admitted to the

10  university upon such terms as the university may establish.

11  However, such terms shall include, but shall not be limited

12  to:  completion of a secondary school curriculum which

13  includes 4 years of English; 3 years each of mathematics,

14  science, and social sciences; and 2 years of a foreign

15  language.

16         (5)  Within the admission standards provided for in

17  subsection (1), the State Board of Education shall develop

18  procedures for weighting courses which are necessary to meet

19  the requirements of a college-preparatory curriculum at a

20  higher value than less rigorous courses.  Credits received in

21  such courses shall be given greater value in determining

22  admission by universities than cumulative grade point averages

23  in high school.

24         (6)  Consideration shall be given to the past actions

25  of any person applying for admission as a student to any state

26  university, either as a new applicant, an applicant for

27  continuation of studies, or a transfer student, when such

28  actions have been found to disrupt or interfere with the

29  orderly conduct, processes, functions, or programs of any

30  other university, college, or community college.

31  


                                 786

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (7)  In any application for admission by a student as a

 2  citizen of the state, the applicant, if 18 years of age, or,

 3  if a minor, his or her parents or guardian shall make and file

 4  with such application a written statement under oath that such

 5  applicant is a citizen and resident of the state and entitled,

 6  as such, to admission upon the terms and conditions prescribed

 7  for citizens and residents of the state.

 8         (8)  Rules of the State Board of Education shall

 9  require the use of scores on tests of college-level

10  communication and computation skills provided in s. 1008.29 as

11  a condition for admission of students to upper-division

12  instructional programs from community colleges, including

13  those who have been awarded associate in arts degrees.  Use of

14  such test scores as an admission requirement shall extend

15  equally and uniformly to students enrolled in lower divisions

16  in a state university and to transfer students from other

17  colleges and universities.  The tests shall be required for

18  community college students seeking associate in arts degrees

19  and students seeking admission to upper-division instructional

20  programs in a state university.  The use of test scores prior

21  to August 1, 1984, shall be limited to student counseling and

22  curriculum improvement.

23         (9)  For the purposes of this section, American sign

24  language constitutes a foreign language. Florida high schools

25  may offer American sign language as a for-credit elective or

26  as a substitute for any already authorized foreign language

27  requirement.

28         (10)  A Florida resident who is denied admission as an

29  undergraduate to a state university for failure to meet the

30  high school grade point average requirement may appeal the

31  decision to the university and request a recalculation of the


                                 787

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  grade point average including in the revised calculation the

 2  grades earned in up to three credits of advanced fine arts

 3  courses. The university shall provide the student with a

 4  description of the appeals process at the same time as

 5  notification of the admissions decision. The university shall

 6  recalculate the student's grade point average using the

 7  additional courses and advise the student of any changes in

 8  the student's admission status. For purposes of this section,

 9  fine arts courses include courses in music, drama, painting,

10  sculpture, speech, debate, or a course in any art form that

11  requires manual dexterity. Advanced level fine arts courses

12  include fine arts courses identified in the course code

13  directory as Advanced Placement, pre-International

14  Baccalaureate, or International Baccalaureate, or fine arts

15  courses taken in the third or fourth year of a fine arts

16  curriculum.

17         Section 353.  Section 1007.262, Florida Statutes, is

18  created to read:

19         1007.262  Foreign language competence; equivalence

20  determinations.--The Department of Education shall identify

21  the competencies demonstrated by students upon the successful

22  completion of 2 credits of sequential high school foreign

23  language instruction. For the purpose of determining

24  postsecondary equivalence pursuant to s. 1007.261(1)(b), the

25  department shall develop rules through which community

26  colleges correlate such competencies to the competencies

27  required of students in the colleges' respective courses.

28  Based on this correlation, each community college shall

29  identify the minimum number of postsecondary credits that

30  students must earn in order to demonstrate a level of

31  competence in a foreign language at least equivalent to that


                                 788

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  of students who have completed 2 credits of such instruction

 2  in high school. The department may also specify alternative

 3  means by which students can demonstrate equivalent foreign

 4  language competence, including means by which a student whose

 5  native language is not English may demonstrate proficiency in

 6  the native language. A student who demonstrates proficiency in

 7  a native language other than English is exempt from the

 8  requirement of completing foreign language courses at the

 9  secondary or postsecondary level.

10         Section 354.  Section 1007.263, Florida Statutes, is

11  created to read:

12         1007.263  Community colleges; admissions of

13  students.--Each community college board of trustees is

14  authorized to adopt rules governing admissions of students

15  subject to this section and rules of the State Board of

16  Education. These rules shall include the following:

17         (1)  Admissions counseling shall be provided to all

18  students entering college credit programs, which counseling

19  shall utilize tests to measure achievement of college-level

20  communication and computation competencies by all students

21  entering college credit programs.

22         (2)  Admission to associate degree programs is subject

23  to minimum standards adopted by the State Board of Education

24  and shall require:

25         (a)  A standard high school diploma, a high school

26  equivalency diploma as prescribed in s. 1003.435, previously

27  demonstrated competency in college credit postsecondary

28  coursework, or, in the case of a student who is home educated,

29  a signed affidavit submitted by the student's parent or legal

30  guardian attesting that the student has completed a home

31  education program pursuant to the requirements of s. 1002.41.


                                 789

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Students who are enrolled in a dual enrollment or early

 2  admission program pursuant to ss. 1007.27 and 1007.271 and

 3  secondary students enrolled in college-level instruction

 4  creditable toward the associate degree, but not toward the

 5  high school diploma, shall be exempt from this requirement.

 6         (b)  A demonstrated level of achievement of

 7  college-level communication and computation skills.

 8         (c)  Any other requirements established by the board of

 9  trustees.

10         (3)  Admission to other programs within the community

11  college shall include education requirements as established by

12  the board of trustees.

13  

14  Each board of trustees shall establish policies that notify

15  students about, and place students into, adult basic

16  education, adult secondary education, or other instructional

17  programs that provide students with alternatives to

18  traditional college-preparatory instruction, including private

19  provider instruction.  A student is prohibited from enrolling

20  in additional college-level courses until the student scores

21  above the cut-score on all sections of the common placement

22  test.

23         Section 355.  Section 1007.264, Florida Statutes, is

24  created to read:

25         1007.264  Impaired and learning disabled persons;

26  admission and graduation, substitute requirements; rules.--Any

27  person who is hearing impaired, visually impaired, or

28  dyslexic, or who has a specific learning disability, shall be

29  eligible for reasonable substitution for any requirement for

30  admission into a public postsecondary educational institution,

31  admission into a program of study, or graduation, where


                                 790

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  documentation can be provided that the person's failure to

 2  meet the requirement is related to the disability and where

 3  the failure to meet the graduation requirement or program

 4  admission requirement does not constitute a fundamental

 5  alteration in the nature of the program. The State Board of

 6  Education shall adopt rules to implement this section and

 7  shall develop substitute requirements where appropriate.

 8         Section 356.  Section 1007.27, Florida Statutes, is

 9  created to read:

10         1007.27  Articulated acceleration mechanisms.--

11         (1)  It is the intent of the Legislature that a variety

12  of articulated acceleration mechanisms be available for

13  secondary and postsecondary students attending public

14  educational institutions. It is intended that articulated

15  acceleration serve to shorten the time necessary for a student

16  to complete the requirements associated with the conference of

17  a high school diploma and a postsecondary degree, broaden the

18  scope of curricular options available to students, or increase

19  the depth of study available for a particular subject.

20  Articulated acceleration mechanisms shall include, but not be

21  limited to, dual enrollment as provided for in s. 1007.271,

22  early admission, advanced placement, credit by examination,

23  the International Baccalaureate Program, and the Advanced

24  International Certificate of Education Program. Credit earned

25  through the Florida Virtual School shall provide additional

26  opportunities for early graduation and acceleration.

27         (2)  The Department of Education shall identify the

28  minimum scores, maximum credit, and course or courses for

29  which credit is to be awarded for each College Level

30  Examination Program (CLEP) general examination, CLEP subject

31  examination, College Board Advanced Placement Program


                                 791

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  examination, and International Baccalaureate examination. In

 2  addition, the department shall identify such courses in the

 3  general education core curriculum of each state university and

 4  community college.

 5         (3)  Each community college and state university must

 6  award credit for specific courses for which competency has

 7  been demonstrated by successful passage of one of the

 8  examinations in subsection (2) unless the award of credit

 9  duplicates credit already awarded. Community colleges and

10  state universities may not exempt students from courses

11  without the award of credit if competencies have been so

12  demonstrated.

13         (4)  It is the intent of the Legislature to provide

14  articulated acceleration mechanisms for students who are in

15  home education programs, as defined in s. 1003.01(11),

16  consistent with the educational opportunities available to

17  public and private secondary school students. Home education

18  students may participate in dual enrollment, career and

19  technical dual enrollment, early admission, and credit by

20  examination. Credit earned by home education students through

21  dual enrollment shall apply toward the completion of a home

22  education program that meets the requirements of s. 1002.41.

23         (5)  Early admission shall be a form of dual enrollment

24  through which eligible secondary students enroll in a

25  postsecondary institution on a full-time basis in courses that

26  are creditable toward the high school diploma and the

27  associate or baccalaureate degree. Students enrolled pursuant

28  to this subsection shall be exempt from the payment of

29  registration, tuition, and laboratory fees.

30         (6)  Advanced placement shall be the enrollment of an

31  eligible secondary student in a course offered through the


                                 792

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Advanced Placement Program administered by the College Board.

 2  Postsecondary credit for an advanced placement course shall be

 3  limited to students who score a minimum of 3, on a 5-point

 4  scale, on the corresponding Advanced Placement Examination.

 5  The specific courses for which students receive such credit

 6  shall be determined by the department.  Students of Florida

 7  public secondary schools enrolled pursuant to this subsection

 8  shall be exempt from the payment of any fees for

 9  administration of the examination regardless of whether or not

10  the student achieves a passing score on the examination.

11         (7)  Credit by examination shall be the program through

12  which secondary and postsecondary students generate

13  postsecondary credit based on the receipt of a specified

14  minimum score on nationally standardized general or

15  subject-area examinations. For the purpose of statewide

16  application, such examinations and the corresponding minimum

17  scores required for an award of credit shall be delineated by

18  the State Board of Education in the statewide articulation

19  agreement. The maximum credit generated by a student pursuant

20  to this subsection shall be mitigated by any related

21  postsecondary credit earned by the student prior to the

22  administration of the examination. This subsection shall not

23  preclude community colleges and universities from awarding

24  credit by examination based on student performance on

25  examinations developed within and recognized by the individual

26  postsecondary institutions.

27         (8)  The International Baccalaureate Program shall be

28  the curriculum in which eligible secondary students are

29  enrolled in a program of studies offered through the

30  International Baccalaureate Program administered by the

31  International Baccalaureate Office. The State Board of


                                 793

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Education shall establish rules which specify the cutoff

 2  scores and International Baccalaureate Examinations which will

 3  be used to grant postsecondary credit at community colleges

 4  and universities. Any such rules, which have the effect of

 5  raising the required cutoff score or of changing the

 6  International Baccalaureate Examinations which will be used to

 7  grant postsecondary credit, shall only apply to students

 8  taking International Baccalaureate Examinations after such

 9  rules are adopted by the State Board of Education. Students

10  shall be awarded a maximum of 30 semester credit hours

11  pursuant to this subsection. The specific course for which a

12  student receives such credit shall be determined by the

13  department. Students enrolled pursuant to this subsection

14  shall be exempt from the payment of any fees for

15  administration of the examinations regardless of whether or

16  not the student achieves a passing score on the examination.

17         (9)  The Advanced International Certificate of

18  Education Program shall be the curriculum in which eligible

19  secondary students are enrolled in a program of studies

20  offered through the Advanced International Certificate of

21  Education Program administered by the University of Cambridge

22  Local Examinations Syndicate.  The State Board of Education

23  shall establish rules which specify the cutoff scores and

24  Advanced International Certificate of Education examinations

25  which will be used to grant postsecondary credit at community

26  colleges and universities.  Any such rules, which have the

27  effect of raising the required cutoff score or of changing the

28  Advanced International Certification of Education examinations

29  which will be used to grant postsecondary credit, shall apply

30  to students taking Advanced International Certificate of

31  Education Examinations after such rules are adopted by the


                                 794

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  State Board of Education.  Students shall be awarded a maximum

 2  of 30 semester credit hours pursuant to this subsection.  The

 3  specific course for which a student receives such credit shall

 4  be determined by the community college or university that

 5  accepts the student for admission.  Students enrolled pursuant

 6  to this subsection shall be exempt from the payment of any

 7  fees for administration of the examinations regardless of

 8  whether or not the student achieves a passing score on the

 9  examination.

10         (10)  Any student who earns 9 or more credits from one

11  or more of the acceleration mechanisms provided for in this

12  section is exempt from any requirement of a public

13  postsecondary educational institution mandating enrollment

14  during a summer term.

15         Section 357.  Section 1007.271, Florida Statutes, is

16  created to read:

17         1007.271  Dual enrollment programs.--

18         (1)  The dual enrollment program is the enrollment of

19  an eligible secondary student or home education student in a

20  postsecondary course creditable toward a career and technical

21  certificate or an associate or baccalaureate degree.

22         (2)  For the purpose of this section, an eligible

23  secondary student is a student who is enrolled in a Florida

24  public secondary school or in a Florida private secondary

25  school which is in compliance with s. 1002.42(2) and conducts

26  a secondary curriculum pursuant to s. 1003.43. Students

27  enrolled in postsecondary instruction that is not creditable

28  toward the high school diploma shall not be classified as dual

29  enrollments. Students who are eligible for dual enrollment

30  pursuant to this section shall be permitted to enroll in dual

31  enrollment courses conducted during school hours, after school


                                 795

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  hours, and during the summer term. Instructional time for such

 2  enrollment may exceed 900 hours; however, the school district

 3  may only report the student for a maximum of 1.0 FTE, as

 4  provided in s. 1011.61(4). Any student so enrolled is exempt

 5  from the payment of registration, tuition, and laboratory

 6  fees. Vocational-preparatory instruction, college-preparatory

 7  instruction and other forms of precollegiate instruction, as

 8  well as physical education courses that focus on the physical

 9  execution of a skill rather than the intellectual attributes

10  of the activity, are ineligible for inclusion in the dual

11  enrollment program. Recreation and leisure studies courses

12  shall be evaluated individually in the same manner as physical

13  education courses for potential inclusion in the program.

14         (3)  The Department of Education shall adopt guidelines

15  designed to achieve comparability across school districts of

16  both student qualifications and teacher qualifications for

17  dual enrollment courses. Student qualifications must

18  demonstrate readiness for college-level coursework if the

19  student is to be enrolled in college courses. Student

20  qualifications must demonstrate readiness for career and

21  technical-level coursework if the student is to be enrolled in

22  career and technical courses. In addition to the common

23  placement examination, student qualifications for enrollment

24  in college credit dual enrollment courses must include a 3.0

25  unweighted grade point average, and student qualifications for

26  enrollment in career and technical certificate dual enrollment

27  courses must include a 2.0 unweighted grade point average.

28  Exceptions to the required grade point averages may be granted

29  if the educational entities agree and the terms of the

30  agreement are contained within the dual enrollment

31  interinstitutional articulation agreement. Community college


                                 796

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  boards of trustees may establish additional admissions

 2  criteria, which shall be included in the district

 3  interinstitutional articulation agreement developed according

 4  to s. 1007.235, to ensure student readiness for postsecondary

 5  instruction. Additional requirements included in the agreement

 6  shall not arbitrarily prohibit students who have demonstrated

 7  the ability to master advanced courses from participating in

 8  dual enrollment courses. District school boards may not refuse

 9  to enter into an agreement with a local community college if

10  that community college has the capacity to offer dual

11  enrollment courses.

12         (4)  Career and technical dual enrollment shall be

13  provided as a curricular option for secondary students to

14  pursue in order to earn a series of elective credits toward

15  the high school diploma. However, career and technical dual

16  enrollment shall not supplant student acquisition of the

17  diploma. Career and technical dual enrollment shall be

18  available for secondary students seeking a degree or

19  certificate from a complete job-preparatory program, but shall

20  not sustain student enrollment in isolated career and

21  technical courses. It is the intent of the Legislature that

22  career and technical dual enrollment reflect the interests and

23  aptitudes of the student. The provision of a comprehensive

24  academic and career and technical dual enrollment program

25  within the area technical center or community college is

26  supportive of legislative intent; however, such provision is

27  not mandatory.

28         (5)  Each district school board shall inform all

29  secondary students of dual enrollment as an educational option

30  and mechanism for acceleration. Students shall be informed of

31  eligibility criteria, the option for taking dual enrollment


                                 797

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  courses beyond the regular school year, and the 24 minimum

 2  academic credits required for graduation. District school

 3  boards shall annually assess the demand for dual enrollment

 4  and other advanced courses, and the district school board

 5  shall consider strategies and programs to meet that demand.

 6         (6)  The Commissioner of Education shall appoint

 7  faculty committees representing public school, community

 8  college, and university faculties to identify postsecondary

 9  courses that meet the high school graduation requirements of

10  s. 1003.43, and to establish the number of postsecondary

11  semester credit hours of instruction and equivalent high

12  school credits earned through dual enrollment pursuant to s.

13  1007.271 that are necessary to meet high school graduation

14  requirements. Such equivalencies shall be determined solely on

15  comparable course content and not on seat time traditionally

16  allocated to such courses in high school. The Commissioner of

17  Education shall recommend to the State Board of Education

18  those courses identified to meet high school graduation

19  requirements, based on mastery of course outcomes, by their

20  statewide course number, and all high schools shall accept

21  these postsecondary education courses toward meeting the

22  requirements of s. 1003.43.

23         (7)  Early admission shall be a form of dual enrollment

24  through which eligible secondary students enroll in a

25  postsecondary institution on a full-time basis in courses that

26  are creditable toward the high school diploma and the

27  associate or baccalaureate degree.  Students enrolled pursuant

28  to this subsection shall be exempt from the payment of

29  registration, tuition, and laboratory fees.

30         (8)  Career and technical early admission is a form of

31  career and technical dual enrollment through which eligible


                                 798

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  secondary students enroll full time in an area technical

 2  center or a community college in courses that are creditable

 3  toward the high school diploma and the certificate or

 4  associate degree. Participation in the career and technical

 5  early admission program shall be limited to students who have

 6  completed a minimum of 6 semesters of full-time secondary

 7  enrollment, including studies undertaken in the ninth grade.

 8  Students enrolled pursuant to this section are exempt from the

 9  payment of registration, tuition, and laboratory fees.

10         (9)  The State Board of Education shall adopt rules for

11  any dual enrollment programs involving requirements for high

12  school graduation.

13         (10)(a)  The dual enrollment program for home education

14  students consists of the enrollment of an eligible home

15  education secondary student in a postsecondary course

16  creditable toward an associate degree, a career or technical

17  certificate, or a baccalaureate degree. To participate in the

18  dual enrollment program, an eligible home education secondary

19  student must:

20         1.  Provide proof of enrollment in a home education

21  program pursuant to s. 1002.41.

22         2.  Be responsible for his or her own instructional

23  materials and transportation unless provided for otherwise.

24         (b)  Each technical center, community college, and

25  state university shall:

26         1.  Delineate courses and programs for dually enrolled

27  home education students. Courses and programs may be added,

28  revised, or deleted at any time.

29         2.  Identify eligibility criteria for home education

30  student participation, not to exceed those required of other

31  dually enrolled students.


                                 799

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (11)  The Department of Education shall approve any

 2  course for inclusion in the dual enrollment program that is

 3  contained within the statewide course numbering system.

 4  However, college-preparatory and other forms of precollegiate

 5  instruction, and physical education and other courses that

 6  focus on the physical execution of a skill rather than the

 7  intellectual attributes of the activity, may not be so

 8  approved, but must be evaluated individually for potential

 9  inclusion in the dual enrollment program.

10         (12)  The Department of Education shall develop a

11  statement on transfer guarantees which will inform students,

12  prior to enrollment in a dual enrollment course, of the

13  potential for the dual enrollment course to articulate as an

14  elective or a general education course into a postsecondary

15  education certificate or degree program. The statement shall

16  be provided to each district school superintendent, who shall

17  include the statement in the information provided to all

18  secondary students as required pursuant to this subsection.

19  The statement may also include additional information,

20  including, but not limited to, dual enrollment options,

21  guarantees, privileges, and responsibilities.

22         (13)  It is the intent of the Legislature that students

23  who meet the eligibility requirements of this subsection and

24  who choose to participate in dual enrollment programs be

25  exempt from the payment of registration, tuition, and

26  laboratory fees.

27         (14)  Instructional materials assigned for use within

28  dual enrollment courses shall be made available to dual

29  enrollment students from Florida public high schools free of

30  charge.  This subsection shall not be construed to prohibit a

31  community college from providing instructional materials at no


                                 800

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  cost to a home education student or student from a private

 2  school.  Students enrolled in postsecondary instruction not

 3  creditable toward a high school diploma shall not be

 4  considered dual enrollments and shall be required to assume

 5  the cost of instructional materials necessary for such

 6  instruction.

 7         (15)  Instructional materials purchased by a district

 8  school board or community college board of trustees on behalf

 9  of dual enrollment students shall be the property of the board

10  against which the purchase is charged.

11         (16)  School districts and community colleges must

12  weigh college-level dual enrollment courses the same as honors

13  courses and advanced placement courses when grade point

14  averages are calculated. Alternative grade calculation or

15  weighting systems that discriminate against dual enrollment

16  courses are prohibited.

17         (17)  The Commissioner of Education may approve dual

18  enrollment agreements for limited course offerings that have

19  statewide appeal. Such programs shall be limited to a single

20  site with multiple county participation.

21         Section 358.  Section 1007.272, Florida Statutes, is

22  created to read:

23         1007.272  Joint dual enrollment and advanced placement

24  instruction.--

25         (1)  Each school district, community college, and state

26  university may conduct advanced placement instruction within

27  dual enrollment courses. Each joint dual enrollment and

28  advanced placement course shall be incorporated within and

29  subject to the provisions of the district interinstitutional

30  articulation agreement pursuant to s. 1007.235. Such agreement

31  shall certify that each joint dual enrollment and advanced


                                 801

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  placement course integrates, at a minimum, the course

 2  structure recommended by the College Board and the structure

 3  that corresponds to the common course number.

 4         (2)  Each student enrolled in a joint dual enrollment

 5  and advanced placement course may be funded pursuant to either

 6  the dual enrollment or advanced placement formula specified in

 7  s. 1011.62; however, no student shall be funded through both

 8  programs for enrollment in a course provided through this

 9  section.  The district school board reporting enrollments for

10  such courses shall utilize the funding formula that more

11  closely approximates the cost of conducting the course. No

12  student shall be reported for advanced placement funding who

13  fails to meet the examination requirement for such funding.

14         (3)  Postsecondary credit for student completion of a

15  joint dual enrollment and advanced placement course shall be

16  awarded, based on the stated preference of the student, as

17  either dual enrollment or advanced placement credit; however,

18  an award of advanced placement credit shall be limited to

19  students who score a minimum of 3, on a 5-point scale, on the

20  Advanced Placement Examination.  No student shall claim double

21  credit based on the completion of a single joint dual

22  enrollment and advanced placement course, nor shall any

23  student enrolled pursuant to this section be required to

24  complete the Advanced Placement Examination.

25         Section 359.  Section 1007.28, Florida Statutes, is

26  created to read:

27         1007.28  Computer-assisted student advising

28  system.--The State Board of Education shall establish and

29  maintain within the Department of Education a single,

30  statewide computer-assisted student advising system, which

31  must be an integral part of the process of advising,


                                 802

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  registering, and certifying students for graduation. It is

 2  intended that an advising system be the primary advising and

 3  tracking tool for students enrolled in public postsecondary

 4  educational institutions and be accessible to all Florida

 5  students. The state universities and community colleges shall

 6  interface institutional systems with the computer-assisted

 7  advising system required by this section.  The State Board of

 8  Education shall prescribe by rule the roles and

 9  responsibilities of the department, the state universities,

10  and the community colleges in the design, implementation,

11  promotion, development, and analysis of the system. The system

12  shall consist of a degree audit and an articulation component

13  that includes the following characteristics:

14         (1)  The system shall constitute an integral part of

15  the process of advising students and assisting them in course

16  selection. The system shall be accessible to students in the

17  following ways:

18         (a)  A student must be able to access the system, at

19  any time, to identify course options that will meet the

20  requirements of a selected path toward a degree.

21         (b)  A status report from the system shall be generated

22  and sent with each grade report to each student enrolled in

23  public postsecondary educational institutions with a declared

24  major.

25         (2)  The system shall be an integral part of the

26  registration process at public postsecondary educational

27  institutions. As part of the process, the system shall:

28         (a)  Provide reports that document each student's

29  status toward completion of a degree.

30         (b)  Verify that a student has completed requirements

31  for graduation.


                                 803

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (3)  The system must provide students information

 2  related to career descriptions and corresponding educational

 3  requirements, admissions requirements, and available sources

 4  of student financial assistance. Such advising must enable

 5  students to examine their interests and aptitudes for the

 6  purpose of curricular and career planning.

 7         (4)  The system must provide management information to

 8  decisionmakers, including information relating student

 9  enrollment patterns and course demands to plans for

10  corresponding course offerings and information useful in

11  planning the student registration process.

12         Section 360.  Part III of chapter 1007, Florida

13  Statutes, shall be entitled "Access to Postsecondary

14  Education" and shall consist of ss. 1007.31-1007.34.

15         Section 361.  Section 1007.31, Florida Statutes, is

16  created to read:

17         1007.31  Limited access programs.--

18         (1)  The State Board of Education shall establish

19  criteria for assigning limited access status to an educational

20  program and a process for the periodic review of such programs

21  so that a university board of trustees can determine the need

22  for retention or removal of limited access status.

23         (2)  Each university board of trustees shall monitor

24  limited access programs within the university and conduct

25  periodic reviews of such programs to determine the need for

26  retention or removal of the limited access status.

27         Section 362.  Section 1007.32, Florida Statutes, is

28  created to read:

29         1007.32  Transfer students.--

30         (1)  Each university shall provide registration

31  opportunities for transfer students that allow such students


                                 804

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  access to high demand courses comparable to that provided

 2  native students.

 3         (2)  Each university that provides an orientation

 4  program for freshman enrollees shall also provide orientation

 5  programs for transfer students.

 6         Section 363.  Section 1007.33, Florida Statutes, is

 7  created to read:

 8         1007.33  Site-determined baccalaureate degree access.--

 9         (1)  The Legislature recognizes that public and private

10  postsecondary educational institutions play essential roles in

11  improving the quality of life and economic well-being of the

12  state and its residents. The Legislature also recognizes that

13  economic development needs and the educational needs of

14  place-bound, nontraditional students have increased the demand

15  for local access to baccalaureate degree programs. In some,

16  but not all, geographic regions, baccalaureate degree programs

17  are being delivered successfully at the local community

18  college through agreements between the community college and

19  4-year postsecondary institutions within or outside of the

20  state.  It is therefore the intent of the Legislature to

21  further expand access to baccalaureate degree programs through

22  the use of community colleges.

23         (2)  A community college may enter into a formal

24  agreement pursuant to the provisions of s. 1007.22 for the

25  delivery of specified baccalaureate degree programs.

26         (3)  A community college may develop a proposal to

27  deliver specified baccalaureate degree programs in its

28  district to meet local workforce needs. The proposal must be

29  submitted to the State Board of Education for approval. The

30  community college's proposal must include the following

31  information:


                                 805

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (a)  Demand for the baccalaureate degree program is

 2  identified by the workforce development board, local

 3  businesses and industry, local chambers of commerce, and

 4  potential students.

 5         (b)  Unmet need for graduates of the proposed degree

 6  program is substantiated.

 7         (c)  The community college has the facilities and

 8  academic resources to deliver the program.

 9  

10  The proposal must be submitted to the Council for Education

11  Policy Research and Improvement for review and comment. Upon

12  approval of the State Board of Education for the specific

13  degree program or programs, the community college shall pursue

14  regional accreditation by the Commission on Colleges of the

15  Southern Association of Colleges and Schools. Any additional

16  baccalaureate degree programs the community college wishes to

17  offer must be approved by the State Board of Education.

18         (4)  A community college may not terminate its

19  associate in arts or associate in science degree programs as a

20  result of the authorization provided in subsection (3). The

21  Legislature intends that the primary mission of a community

22  college, including a community college that offers

23  baccalaureate degree programs, continues to be the provision

24  of associate degrees that provide access to a university.

25         Section 364.  Section 1007.34, Florida Statutes, is

26  created to read:

27         1007.34  College reach-out program.--

28         (1)  There is established a college reach-out program

29  to increase the number of low-income educationally

30  disadvantaged students in grades 6-12 who, upon high school

31  graduation, are admitted to and successfully complete


                                 806

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  postsecondary education. Participants should be students who

 2  otherwise would be unlikely to seek admission to a community

 3  college, state university, or independent postsecondary

 4  institution without special support and recruitment efforts.

 5  The State Board of Education shall adopt rules that provide

 6  for the following:

 7         (a)  Definition of "low-income educationally

 8  disadvantaged student."

 9         (b)  Specific criteria and guidelines for selection of

10  college reach-out participants.

11         (2)  In developing the definition for "low-income

12  educationally disadvantaged student," the State Board of

13  Education shall include such factors as: the family's taxable

14  income; family receipt of temporary cash assistance in the

15  preceding year; family receipt of public assistance in the

16  preceding year; the student's cumulative grade point average;

17  the student's promotion and attendance patterns; the student's

18  performance on state standardized tests; the student's

19  enrollment in mathematics and science courses; and the

20  student's participation in a dropout prevention program.

21         (3)  To participate in the college reach-out program, a

22  postsecondary educational institution may submit a proposal to

23  the Department of Education. The State Board of Education

24  shall consider the proposals and determine which proposals to

25  implement as programs that will strengthen the educational

26  motivation and preparation of low-income educationally

27  disadvantaged students.

28         (4)  Postsecondary educational institutions that

29  participate in the program must provide procedures for

30  continuous contact with students from the point at which they

31  are selected for participation until they enroll in a


                                 807

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  postsecondary educational institution. These procedures must

 2  assist students in selecting courses required for graduation

 3  from high school and admission to a postsecondary educational

 4  institution and ensure that students continue to participate

 5  in program activities. Institutions that participate must

 6  provide on-campus academic and advisory activities during

 7  summer vacation and provide opportunities for interacting with

 8  college and university students as mentors, tutors, or role

 9  models. Proposals submitted by universities and consortia

10  involving universities must provide students with an

11  opportunity to live on campus.

12         (5)  In selecting proposals for approval, the State

13  Board of Education shall give preference to:

14         (a)  Proposals submitted jointly by two or more

15  eligible postsecondary educational institutions.

16         (b)  A program that will use institutional, federal, or

17  private resources to supplement state appropriations.

18         (c)  An applicant that has demonstrated success in

19  conducting similar programs.

20         (d)  A program that includes innovative approaches,

21  provides a great variety of activities, and includes a large

22  percentage of low-income educationally disadvantaged minority

23  students in the college reach-out program.

24         (e)  An applicant that demonstrates commitment to the

25  program by proposing to match the grant funds at least

26  one-to-one in cash or services, with cash being the preferred

27  match.

28         (f)  An applicant that demonstrates an interest in

29  cultural diversity and that addresses the unmet regional needs

30  of varying communities.

31  


                                 808

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (6)  A participating postsecondary educational

 2  institution is encouraged to use its resources to meet program

 3  objectives. A participating postsecondary educational

 4  institution must establish an advisory committee composed of

 5  high school and middle school personnel, as well as community

 6  leaders, to provide advice and assistance in implementing its

 7  program.

 8         (7)  A proposal must contain the following information:

 9         (a)  A statement of purpose that includes a description

10  of the need for, and the results expected from, the proposed

11  program.

12         (b)  An identification of the service area that names

13  the schools to be served, provides community and school

14  demographics, and sets forth the postsecondary enrollment

15  rates of high school graduates within the area.

16         (c)  An identification of existing programs for

17  enhancing the academic performance of minority and low-income

18  educationally disadvantaged students for enrollment in

19  postsecondary education.

20         (d)  A description of the proposed program that

21  describes criteria to be used to identify schools for

22  participation in the program. At least 60 percent of the

23  students recruited in any one year must be in grades 6-9.

24         (e)  A description of the program activities that must

25  support the following goals:

26         1.  Motivate students to pursue a postsecondary

27  education.

28         2.  Enhance students' basic learning skills and

29  performance.

30         3.  Strengthen students' and parents' understanding of

31  the benefits of postsecondary education.


                                 809

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         4.  Foster academic, personal, and career development

 2  through supplemental instruction.

 3         (f)  An evaluation component that provides for the

 4  collection, maintenance, retrieval, and analysis of the data

 5  required by this paragraph. The data must be used to assess

 6  the extent to which programs have accomplished specific

 7  objectives and achieved the goals of the college reach-out

 8  program. The Department of Education shall develop

 9  specifications and procedures for the collection and

10  transmission of the data. The annual project evaluation

11  component must contain:

12         1.  The student identification number and social

13  security number, if available; the name of the public school

14  attended; gender; ethnicity; grade level; and grade point

15  average of each participant at the time of entry into the

16  program.

17         2.  The grade point average, grade, and promotion

18  status of each of the participants in the program at the end

19  of the academic year and any suspension or expulsion of a

20  participant, if applicable.

21         3.  The number and percentage of high school

22  participants who satisfactorily complete 2 sequential years of

23  a foreign language and Level 2 and 3 mathematics and science

24  courses.

25         4.  The number and percentage of participants eligible

26  for high school graduation who receive a standard high school

27  diploma or a high school equivalency diploma, pursuant to s.

28  229.814.

29         5.  The number and percentage of 12th grade

30  participants who are accepted for enrollment and who enroll in

31  a postsecondary educational institution.


                                 810

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         6.  The number of participants who receive

 2  scholarships, grant aid, and work-study awards.

 3         7.  The number and percentage of participants who

 4  enroll in a public postsecondary educational institution and

 5  who fail to achieve a passing score, as defined in State Board

 6  of Education rule, on college placement tests pursuant to s.

 7  1008.30.

 8         8.  The number and percentage of participants who

 9  enroll in a postsecondary educational institution and have a

10  minimum cumulative 2.0 grade point average on a 4.0 scale by

11  the end of the second semester.

12         9.  The number of disabled students participating in

13  the project and the nature of their disabilities.

14         (8)  Proposals must be funded competitively in

15  accordance with the following methodology:

16         (a)  The funds appropriated must be distributed to

17  projects on the basis of minimum standards that include:

18         1.  A summer residency program of at least 1 week in

19  duration.

20         2.  A minimum number of hours of academic instructional

21  and developmental activities, career counseling, and personal

22  counseling.

23         (b)  Subject to legislative appropriations,

24  continuation projects that satisfy the minimum requirements

25  should have their funds increased each year by the same

26  percentage as the rate of inflation. Projects funded for 3

27  consecutive years should have a cumulative institutional cash

28  match of not less than 50 percent of the total cost of the

29  project over the 3-year period. Any college reach-out program

30  project operating for 3 years which does not provide the

31  


                                 811

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  minimum 50-percent institutional cash match must not be

 2  considered for continued funding.

 3         (9)  The Commissioner of Education shall appoint an

 4  advisory council to review the proposals and recommend to the

 5  State Board of Education an order of priority for funding the

 6  proposals.

 7         (10)  On or before February 15 of each year, each

 8  participating institution shall submit to the Department of

 9  Education an interim report containing program expenditures

10  and participant information as required in State Board of

11  Education rules.

12         (11)  On or before November 1 of each year,

13  postsecondary educational institutions participating in the

14  program shall submit to the Department of Education an

15  end-of-the-year report on the effectiveness of their

16  participation in the program. The end-of-the-year report must

17  include, without limitation:

18         (a)  A copy of the certificate-of-expenditures form

19  showing expenditures by category, state grant funds, and

20  institutional matching in cash and in-kind services.

21         (b)  A listing of students participating in the program

22  by grade level, gender, and race.

23         (c)  A statement of how the program addresses the four

24  program goals identified in paragraph (7)(e).

25         (d)  A brief description and analysis of program

26  characteristics and activities critical to program success.

27         (e)  A description of the cooperation received from

28  other units or organizations.

29         (f)  An explanation of the program's outcomes,

30  including data related to student performance on the measures

31  provided for in paragraph (7)(f).


                                 812

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (12)  By February 15 of each year, the Department of

 2  Education shall submit to the President of the Senate, the

 3  Speaker of the House of Representatives, the Commissioner of

 4  Education, and the Governor a report that evaluates the

 5  effectiveness of the college reach-out program. To the extent

 6  feasible, the performance of college reach-out program

 7  participants must be compared to the performance of comparable

 8  cohorts of students in public school and postsecondary

 9  education.

10         (13)  Funding for the college reach-out program shall

11  be provided in the General Appropriations Act.

12         Section 365.  Chapter 1008, Florida Statutes, shall be

13  entitled "Assessment and Accountability" and shall consist of

14  ss. 1008.01-1008.51.

15         Section 366.  Part I of chapter 1008, Florida Statutes,

16  shall be entitled "Assessment, K-20" and shall consist of ss.

17  1008.21-1008.30.

18         Section 367.  Effective upon this act becoming a law,

19  section 1008.21, Florida Statutes, is created to read: 

20         1008.21  School readiness uniform screening

21  (kindergarten).--

22         (1)  The Department of Education shall implement the

23  school readiness uniform screening developed by the Florida

24  Partnership for School Readiness, and shall require that all

25  school districts administer the kindergarten uniform screening

26  to each kindergarten student in the district school system

27  upon the student's entry into kindergarten.

28         (2)(a)  The Department of Education shall implement the

29  school readiness uniform screening to validate the system

30  recommended by the Florida Partnership for School Readiness as

31  part of a comprehensive evaluation design.  Beginning with the


                                 813

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  2002-2003 school year, the department shall require that all

 2  school districts administer the school readiness uniform

 3  screening to each kindergarten student in the district school

 4  system upon the student's entry into kindergarten.  Children

 5  who enter public school for the first time in first grade must

 6  be administered the school readiness uniform screening adopted

 7  for use in first grade.  The department shall incorporate

 8  school readiness data into the K-20 data warehouse for

 9  longitudinal tracking.

10         (b)  The uniform screening shall provide objective data

11  regarding the following expectations for school readiness

12  which shall include, at a minimum:

13         1.  The child's immunizations and other health

14  requirements as necessary, including appropriate vision and

15  hearing screening and examinations.

16         2.  The child's physical development.

17         3.  The child's compliance with rules, limitations, and

18  routines.

19         4.  The child's ability to perform tasks.

20         5.  The child's interactions with adults.

21         6.  The child's interactions with peers.

22         7.  The child's ability to cope with challenges.

23         8.  The child's self-help skills.

24         9.  The child's ability to express his or her needs.

25         10.  The child's verbal communication skills.

26         11.  The child's problem-solving skills.

27         12.  The child's ability to follow verbal directions.

28         13.  The child's demonstration of curiosity,

29  persistence, and exploratory behavior.

30         14.  The child's interest in books and other printed

31  materials.


                                 814

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         15.  The child's ability to pay attention to stories.

 2         16.  The child's participation in art and music

 3  activities.

 4         17.  The child's ability to identify colors, geometric

 5  shapes, letters of the alphabet, numbers, and spatial and

 6  temporal relationships.

 7         Section 368.  Section 1008.22, Florida Statutes, is

 8  created to read: 

 9         1008.22  Student assessment program for public

10  schools.--

11         (1)  PURPOSE.--The primary purposes of the student

12  assessment program are to provide information needed to

13  improve the public schools by enhancing the learning gains of

14  all students and to inform parents of the educational progress

15  of their public school children.  The program must be designed

16  to:

17         (a)  Assess the annual learning gains of each student

18  toward achieving the Sunshine State Standards appropriate for

19  the student's grade level.

20         (b)  Provide data for making decisions regarding school

21  accountability and recognition.

22         (c)  Identify the educational strengths and needs of

23  students and the readiness of students to be promoted to the

24  next grade level or to graduate from high school with a

25  standard high school diploma.

26         (d)  Assess how well educational goals and performance

27  standards are met at the school, district, and state levels.

28         (e)  Provide information to aid in the evaluation and

29  development of educational programs and policies.

30         (f)  Provide information on the performance of Florida

31  students compared with others across the United States.


                                 815

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (2)  NATIONAL EDUCATION COMPARISONS.--It is Florida's

 2  intent to participate in the measurement of national

 3  educational goals.  The Commissioner of Education shall direct

 4  Florida school districts to participate in the administration

 5  of the National Assessment of Educational Progress, or a

 6  similar national assessment program, both for the national

 7  sample and for any state-by-state comparison programs which

 8  may be initiated.  Such assessments must be conducted using

 9  the data collection procedures, the student surveys, the

10  educator surveys, and other instruments included in the

11  National Assessment of Educational Progress or similar program

12  being administered in Florida.  The results of these

13  assessments shall be included in the annual report of the

14  Commissioner of Education specified in this section. The

15  administration of the National Assessment of Educational

16  Progress or similar program shall be in addition to and

17  separate from the administration of the statewide assessment

18  program.

19         (3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner

20  shall design and implement a statewide program of educational

21  assessment that provides information for the improvement of

22  the operation and management of the public schools, including

23  schools operating for the purpose of providing educational

24  services to youth in Department of Juvenile Justice programs.

25  Pursuant to the statewide assessment program, the commissioner

26  shall:

27         (a)  Submit to the State Board of Education a list that

28  specifies student skills and competencies to which the goals

29  for education specified in the state plan apply, including,

30  but not limited to, reading, writing, science, and

31  mathematics.  The skills and competencies must include


                                 816

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  problem-solving and higher-order skills as appropriate and

 2  shall be known as the Sunshine State Standards as defined in

 3  s. 1000.21.  The commissioner shall select such skills and

 4  competencies after receiving recommendations from educators,

 5  citizens, and members of the business community.  The

 6  commissioner shall submit to the State Board of Education

 7  revisions to the list of student skills and competencies in

 8  order to maintain continuous progress toward improvements in

 9  student proficiency.

10         (b)  Develop and implement a uniform system of

11  indicators to describe the performance of public school

12  students and the characteristics of the public school

13  districts and the public schools.  These indicators must

14  include, without limitation, information gathered by the

15  comprehensive management information system created pursuant

16  to s. 1008.385 and student achievement information obtained

17  pursuant to this section.

18         (c)  Develop and implement a student achievement

19  testing program known as the Florida Comprehensive Assessment

20  Test (FCAT) as part of the statewide assessment program, to be

21  administered annually in grades 3 through 10 to measure

22  reading, writing, science, and mathematics.  Other content

23  areas may be included as directed by the commissioner.  The

24  testing program must be designed so that:

25         1.  The tests measure student skills and competencies

26  adopted by the State Board of Education as specified in

27  paragraph (a).  The tests must measure and report student

28  proficiency levels in reading, writing, mathematics, and

29  science.  The commissioner shall provide for the tests to be

30  developed or obtained, as appropriate, through contracts and

31  project agreements with private vendors, public vendors,


                                 817

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  public agencies, postsecondary educational institutions, or

 2  school districts.  The commissioner shall obtain input with

 3  respect to the design and implementation of the testing

 4  program from state educators and the public.

 5         2.  The testing program will include a combination of

 6  norm-referenced and criterion-referenced tests and include, to

 7  the extent determined by the commissioner, questions that

 8  require the student to produce information or perform tasks in

 9  such a way that the skills and competencies he or she uses can

10  be measured.

11         3.  Each testing program, whether at the elementary,

12  middle, or high school level, includes a test of writing in

13  which students are required to produce writings that are then

14  scored by appropriate methods.

15         4.  A score is designated for each subject area tested,

16  below which score a student's performance is deemed

17  inadequate.  The school districts shall provide appropriate

18  remedial instruction to students who score below these levels.

19         5.  Students must earn a passing score on the grade 10

20  assessment test described in this paragraph in reading,

21  writing, and mathematics to qualify for a regular high school

22  diploma. The State Board of Education shall designate a

23  passing score for each part of the grade 10 assessment test.

24  In establishing passing scores, the state board shall consider

25  any possible negative impact of the test on minority students.

26  All students who took the grade 10 FCAT during the 2000-2001

27  school year shall be required to earn the passing scores in

28  reading and mathematics established by the State Board of

29  Education for the March 2001 test administration.  Such

30  students who did not earn the established passing scores and

31  must repeat the grade 10 FCAT are required to earn the passing


                                 818

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  scores established for the March 2001 test administration.

 2  All students who take the grade 10 FCAT for the first time in

 3  March 2002 and thereafter shall be required to earn the

 4  passing scores in reading and mathematics established by the

 5  State Board of Education for the March 2002 test

 6  administration.  The State Board of Education shall adopt

 7  rules which specify the passing scores for the grade 10 FCAT.

 8  Any such rules, which have the effect of raising the required

 9  passing scores, shall only apply to students taking the grade

10  10 FCAT after such rules are adopted by the State Board of

11  Education.

12         6.  Participation in the testing program is mandatory

13  for all students attending public school, including students

14  served in Department of Juvenile Justice programs, except as

15  otherwise prescribed by the commissioner. If a student does

16  not participate in the statewide assessment, the district must

17  notify the student's parent and provide the parent with

18  information regarding the implications of such

19  nonparticipation. If modifications are made in the student's

20  instruction to provide accommodations that would not be

21  permitted on the statewide assessment tests, the district must

22  notify the student's parent of the implications of such

23  instructional modifications. A parent must provide signed

24  consent for a student to receive instructional modifications

25  that would not be permitted on the statewide assessments and

26  must acknowledge in writing that he or she understands the

27  implications of such accommodations. The State Board of

28  Education shall adopt rules, based upon recommendations of the

29  commissioner, for the provision of test accommodations and

30  modifications of procedures as necessary for students in

31  exceptional education programs and for students who have


                                 819

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  limited English proficiency. Accommodations that negate the

 2  validity of a statewide assessment are not allowable.

 3         7.  A student seeking an adult high school diploma must

 4  meet the same testing requirements that a regular high school

 5  student must meet.

 6         8.  District school boards must provide instruction to

 7  prepare students to demonstrate proficiency in the skills and

 8  competencies necessary for successful grade-to-grade

 9  progression and high school graduation. If a student is

10  provided with accommodations or modifications that are not

11  allowable in the statewide assessment program, as described in

12  the test manuals, the district must inform the parent in

13  writing and must provide the parent with information regarding

14  the impact on the student's ability to meet expected

15  proficiency levels in reading, writing, and math. The

16  commissioner shall conduct studies as necessary to verify that

17  the required skills and competencies are part of the district

18  instructional programs.

19         9.  The Department of Education must develop, or

20  select, and implement a common battery of assessment tools

21  that will be used in all juvenile justice programs in the

22  state. These tools must accurately measure the skills and

23  competencies established in the Florida Sunshine State

24  Standards.

25  

26  The commissioner may design and implement student testing

27  programs, for any grade level and subject area, necessary to

28  effectively monitor educational achievement in the state.

29         (d)  Conduct ongoing research to develop improved

30  methods of assessing student performance, including, without

31  limitation, the use of technology to administer tests, score,


                                 820

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  or report the results of, the use of electronic transfer of

 2  data, the development of work-product assessments, and the

 3  development of process assessments.

 4         (e)  Conduct ongoing research and analysis of student

 5  achievement data, including, without limitation, monitoring

 6  trends in student achievement, identifying school programs

 7  that are successful, and analyzing correlates of school

 8  achievement.

 9         (f)  Provide technical assistance to school districts

10  in the implementation of state and district testing programs

11  and the use of the data produced pursuant to such programs.

12         (4)  DISTRICT TESTING PROGRAMS.--Each district school

13  board shall periodically assess student performance and

14  achievement within each school of the district. The assessment

15  programs must be based upon local goals and objectives that

16  are compatible with the state plan for education and that

17  supplement the skills and competencies adopted by the State

18  Board of Education. All school districts must participate in

19  the statewide assessment program designed to measure annual

20  student learning and school performance. All district school

21  boards shall report assessment results as required by the

22  state management information system.

23         (5)  SCHOOL TESTING PROGRAMS.--Each public school shall

24  participate in the statewide assessment program, unless

25  specifically exempted by state board rule based on serving a

26  specialized population for which standardized testing is not

27  appropriate. Student performance data shall be analyzed and

28  reported to parents, the community, and the state. Student

29  performance data shall be used in developing objectives of the

30  school improvement plan, evaluation of instructional

31  personnel, evaluation of administrative personnel, assignment


                                 821

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  of staff, allocation of resources, acquisition of

 2  instructional materials and technology, performance-based

 3  budgeting, and promotion and assignment of students into

 4  educational programs. The analysis of student performance data

 5  also must identify strengths and needs in the educational

 6  program and trends over time.  The analysis must be used in

 7  conjunction with the budgetary planning processes developed

 8  pursuant to s. 1008.385 and the development of the programs of

 9  remediation.

10         (6)  REQUIRED ANALYSES.--The commissioner shall

11  provide, at a minimum, for the following analyses of data

12  produced by the student achievement testing program:

13         (a)  The statistical system for the annual assessments

14  shall use measures of student learning, such as the FCAT, to

15  determine teacher, school, and school district statistical

16  distributions, which shall be determined using available data

17  from the FCAT, and other data collection as deemed appropriate

18  by the Department of Education, to measure the differences in

19  student prior year achievement compared to the current year

20  achievement for the purposes of accountability and

21  recognition.

22         (b)  The statistical system shall provide the best

23  estimates of teacher, school, and school district effects on

24  student progress. The approach used by the department shall be

25  approved by the commissioner before implementation.

26         (c)  The annual testing program shall be administered

27  to provide for valid statewide comparisons of learning gains

28  to be made for purposes of accountability and recognition. The

29  commissioner shall establish a schedule for the administration

30  of the statewide assessments. In establishing such schedule,

31  the commissioner is charged with the duty to accomplish the


                                 822

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  latest possible administration of the statewide assessments

 2  and the earliest possible provision of the results to the

 3  school districts feasible within available technology and

 4  specific appropriation.  District school boards shall not

 5  establish school calendars that jeopardize or limit the valid

 6  testing and comparison of student learning gains.

 7         (7)  LOCAL ASSESSMENTS.--Measurement of the learning

 8  gains of students in all subjects and grade levels other than

 9  subjects and grade levels required for the state student

10  achievement testing program is the responsibility of the

11  school districts.

12         (8)  APPLICABILITY OF TESTING STANDARDS.--A student

13  must meet the testing requirements for high school graduation

14  that were in effect at the time the student entered 9th grade,

15  provided the student's enrollment was continuous.

16         (9)  RULES.--The State Board of Education shall adopt

17  rules pursuant to ss. 120.536(1) and 120.54 to implement the

18  provisions of this section.

19         Section 369.  Section 1008.23, Florida Statutes, is

20  created to read:

21         1008.23  Confidentiality of assessment

22  instruments.--All examination and assessment instruments,

23  including developmental materials and workpapers directly

24  related thereto, which are prepared, prescribed, or

25  administered pursuant to ss. 1003.43, 1008.22, and 1008.25

26  shall be confidential and exempt from the provisions of s.

27  119.07(1) and from s. 1001.52. Provisions governing access,

28  maintenance, and destruction of such instruments and related

29  materials shall be prescribed by rules of the State Board of

30  Education.

31  


                                 823

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 370.  Section 1008.24, Florida Statutes, is

 2  created to read:

 3         1008.24  Test security.--

 4         (1)  It is unlawful for anyone knowingly and willfully

 5  to violate test security rules adopted by the State Board of

 6  Education for mandatory tests administered by or through the

 7  State Board of Education or the Commissioner of Education to

 8  students, educators, or applicants for certification or

 9  administered by school districts pursuant to s. 1008.22, or,

10  with respect to any such test, knowingly and willfully to:

11         (a)  Give examinees access to test questions prior to

12  testing;

13         (b)  Copy, reproduce, or use in any manner inconsistent

14  with test security rules all or any portion of any secure test

15  booklet;

16         (c)  Coach examinees during testing or alter or

17  interfere with examinees' responses in any way;

18         (d)  Make answer keys available to examinees;

19         (e)  Fail to follow security rules for distribution and

20  return of secure test as directed, or fail to account for all

21  secure test materials before, during, and after testing;

22         (f)  Fail to follow test administration directions

23  specified in the test administration manuals; or

24         (g)  Participate in, direct, aid, counsel, assist in,

25  or encourage any of the acts prohibited in this section.

26         (2)  Any person who violates this section commits a

27  misdemeanor of the first degree, punishable as provided in s.

28  775.082 or s. 775.083.

29         (3)  A district school superintendent, a president of a

30  public postsecondary educational institution, or a president

31  of a nonpublic postsecondary educational institution shall


                                 824

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  cooperate with the Commissioner of Education in any

 2  investigation concerning the administration of a test

 3  administered pursuant to state statute or rule.

 4         Section 371.  Section 1008.25, Florida Statutes, is

 5  created to read:

 6         1008.25  Public school student progression; remedial

 7  instruction; reporting requirements.--

 8         (1)  INTENT.--It is the intent of the Legislature that

 9  each student's progression from one grade to another be

10  determined, in part, upon proficiency in reading, writing,

11  science, and mathematics; that district school board policies

12  facilitate such proficiency; and that each student and his or

13  her parent be informed of that student's academic progress.

14         (2)  COMPREHENSIVE PROGRAM.--Each district school board

15  shall establish a comprehensive program for student

16  progression which must include:

17         (a)  Standards for evaluating each student's

18  performance, including how well he or she masters the

19  performance standards approved by the State Board of

20  Education.

21         (b)  Specific levels of performance in reading,

22  writing, science, and mathematics for each grade level,

23  including the levels of performance on statewide assessments

24  as defined by the commissioner, below which a student must

25  receive remediation, or be retained within an intensive

26  program that is different from the previous year's program and

27  that takes into account the student's learning style.

28         (c)  Appropriate alternative placement for a student

29  who has been retained 2 or more years.

30  

31  


                                 825

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (3)  ALLOCATION OF RESOURCES.--District school boards

 2  shall allocate remedial and supplemental instruction resources

 3  to students in the following priority:

 4         (a)  Students who are deficient in reading by the end

 5  of grade 3.

 6         (b)  Students who fail to meet performance levels

 7  required for promotion consistent with the district school

 8  board's plan for student progression required in paragraph

 9  (2)(b).

10         (4)  ASSESSMENT AND REMEDIATION.--

11         (a)  Each student must participate in the statewide

12  assessment tests required by s. 1008.22. Each student who does

13  not meet specific levels of performance as determined by the

14  district school board in reading, writing, science, and

15  mathematics for each grade level, or who does not meet

16  specific levels of performance as determined by the

17  commissioner on statewide assessments at selected grade

18  levels, must be provided with additional diagnostic

19  assessments to determine the nature of the student's

20  difficulty and areas of academic need.

21         (b)  The school in which the student is enrolled must

22  develop, in consultation with the student's parent, and must

23  implement an academic improvement plan designed to assist the

24  student in meeting state and district expectations for

25  proficiency. Beginning with the 2002-2003 school year, if the

26  student has been identified as having a deficiency in reading,

27  the academic improvement plan shall identify the student's

28  specific areas of deficiency in phonemic awareness, phonics,

29  fluency, comprehension, and vocabulary; the desired levels of

30  performance in these areas; and the instructional and support

31  services to be provided to meet the desired levels of


                                 826

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  performance.  Schools shall also provide for the frequent

 2  monitoring of the student's progress in meeting the desired

 3  levels of performance.  District school boards shall assist

 4  schools and teachers to implement research-based reading

 5  activities that have been shown to be successful in teaching

 6  reading to low-performing students.  Remedial instruction

 7  provided during high school may not be in lieu of English and

 8  mathematics credits required for graduation.

 9         (c)  Upon subsequent evaluation, if the documented

10  deficiency has not been remediated in accordance with the

11  academic improvement plan, the student may be retained. Each

12  student who does not meet the minimum performance expectations

13  defined by the Commissioner of Education for the statewide

14  assessment tests in reading, writing, science, and mathematics

15  must continue to be provided with remedial or supplemental

16  instruction until the expectations are met or the student

17  graduates from high school or is not subject to compulsory

18  school attendance.

19         (5)  READING DEFICIENCY AND PARENTAL NOTIFICATION.--

20         (a)  It is the ultimate goal of the Legislature that

21  every student read at or above grade level. Any student who

22  exhibits a substantial deficiency in reading, based upon

23  locally determined or statewide assessments conducted in

24  kindergarten or grade 1, grade 2, or grade 3, or through

25  teacher observations, must be given intensive reading

26  instruction immediately following the identification of the

27  reading deficiency. The student's reading proficiency must be

28  reassessed by locally determined assessments or through

29  teacher observations at the beginning of the grade following

30  the intensive reading instruction. The student must continue

31  


                                 827

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  to be provided with intensive reading instruction until the

 2  reading deficiency is remedied.

 3         (b)  Beginning with the 2002-2003 school year, if the

 4  student's reading deficiency, as identified in paragraph (a),

 5  is not remedied by the end of grade 3, as demonstrated by

 6  scoring at Level 2 or higher on the statewide assessment test

 7  in reading for grade 3, the student must be retained.

 8         (c)  Beginning with the 2002-2003 school year, the

 9  parent of any student who exhibits a substantial deficiency in

10  reading, as described in paragraph (a), must be notified in

11  writing of the following:

12         1.  That his or her child has been identified as having

13  a substantial deficiency in reading.

14         2.  A description of the current services that are

15  provided to the child.

16         3.  A description of the proposed supplemental

17  instructional services and supports that will be provided to

18  the child that are designed to remediate the identified area

19  of reading deficiency.

20         4.  That if the child's reading deficiency is not

21  remediated by the end of grade 3, the child must be retained

22  unless he or she is exempt from mandatory retention for good

23  cause.

24         (6)  ELIMINATION OF SOCIAL PROMOTION.--

25         (a)  No student may be assigned to a grade level based

26  solely on age or other factors that constitute social

27  promotion.

28         (b)  The district school board may only exempt students

29  from mandatory retention, as provided in paragraph (5)(b), for

30  good cause.  Good cause exemptions shall be limited to the

31  following:


                                 828

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         1.  Limited English proficient students who have had

 2  less than 2 years of instruction in an English for Speakers of

 3  Other Languages program.

 4         2.  Students with disabilities whose individual

 5  education plan indicates that participation in the statewide

 6  assessment program is not appropriate, consistent with the

 7  requirements of State Board of Education rule.

 8         3.  Students who demonstrate an acceptable level of

 9  performance on an alternative standardized reading assessment

10  approved by the State Board of Education.

11         4.  Students who demonstrate, through a student

12  portfolio, that the student is reading on grade level as

13  evidenced by demonstration of mastery of the Sunshine State

14  Standards in reading equal to at least a Level 2 performance

15  on the FCAT.

16         5.  Students with disabilities who participate in the

17  FCAT and who have an individual education plan or a Section

18  504 plan that reflects that the student has received the

19  intensive remediation in reading, as required by paragraph

20  (4)(b), for more than 2 years but still demonstrates a

21  deficiency in reading and was previously retained in

22  kindergarten, grade 1, or grade 2.

23         6.  Students who have received the intensive

24  remediation in reading as required by paragraph (4)(b) for 2

25  or more years but still demonstrate a deficiency in reading

26  and who were previously retained in kindergarten, grade 1, or

27  grade 2 for a total of 2 years.  Intensive reading instruction

28  for students so promoted must include an altered instructional

29  day based upon an academic improvement plan that includes

30  specialized diagnostic information and specific reading

31  strategies for each student.  The district school board shall


                                 829

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  assist schools and teachers to implement reading strategies

 2  that research has shown to be successful in improving reading

 3  among low performing readers.

 4         (c)  Requests for good cause exemptions for students

 5  from the mandatory retention requirement as described in

 6  subparagraphs (b)3. and 4. shall be made consistent with the

 7  following:

 8         1.  Documentation shall be submitted from the student's

 9  teacher to the school principal that indicates that the

10  promotion of the student is appropriate and is based upon the

11  student's academic record.  In order to minimize paperwork

12  requirements, such documentation shall consist only of the

13  existing academic improvement plan, individual educational

14  plan, if applicable, report card, or student portfolio.

15         2.  The school principal shall review and discuss such

16  recommendation with the teacher and make the determination as

17  to whether the student should be promoted or retained.  If the

18  school principal determines that the student should be

19  promoted, the school principal shall make such recommendation

20  in writing to the district school superintendent.  The

21  district school superintendent shall accept or reject the

22  school principal's recommendation in writing.

23         (7)  ANNUAL REPORT.--

24         (a)  In addition to the requirements in paragraph

25  (5)(b), each district school board must annually report to the

26  parent of each student the progress of the student towards

27  achieving state and district expectations for proficiency in

28  reading, writing, science, and mathematics. The district

29  school board must report to the parent the student's results

30  on each statewide assessment test. The evaluation of each

31  student's progress must be based upon the student's classroom


                                 830

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  work, observations, tests, district and state assessments, and

 2  other relevant information. Progress reporting must be

 3  provided to the parent in writing in a format adopted by the

 4  district school board.

 5         (b)  Beginning with the 2001-2002 school year, each

 6  district school board must annually publish in the local

 7  newspaper, and report in writing to the State Board of

 8  Education by September 1 of each year, the following

 9  information on the prior school year:

10         1.  The provisions of this section relating to public

11  school student progression and the district school board's

12  policies and procedures on student retention and promotion.

13         2.  By grade, the number and percentage of all students

14  in grades 3 through 10 performing at Levels 1 and 2 on the

15  reading portion of the FCAT.

16         3.  By grade, the number and percentage of all students

17  retained in grades 3 through 10.

18         4.  Information on the total number of students who

19  were promoted for good cause, by each category of good cause

20  as specified in paragraph (6)(b).

21         5.  Any revisions to the district school board's policy

22  on student retention and promotion from the prior year.

23         (8)  STATE BOARD AUTHORITY AND RESPONSIBILITIES.--

24         (a)  The State Board of Education shall have authority

25  as provided in s. 1008.32 to enforce this section.

26         (b)  The State Board of Education shall adopt rules

27  pursuant to ss. 120.536(1) and 120.54 for the administration

28  of this section.

29         (9)  TECHNICAL ASSISTANCE.--The department shall

30  provide technical assistance as needed to aid district school

31  boards in administering this section.


                                 831

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 372.  Section 1008.29, Florida Statutes, is

 2  created to read:

 3         1008.29  College-level communication and mathematics

 4  skills examination (CLAST).--

 5         (1)  It is the intent of the Legislature that the

 6  examination of college-level communication and mathematics

 7  skills provided in s. 1008.345(3) serve as a mechanism for

 8  students to demonstrate that they have mastered the academic

 9  competencies prerequisite to upper-division undergraduate

10  instruction.  It is further intended that the examination

11  serve as both a summative evaluation instrument prior to

12  student enrollment in upper-division programs and as a source

13  of information for student advisers.  It is not intended that

14  student passage of the examination supplant the need for a

15  student to complete the general education curriculum

16  prescribed by an institution.

17         (2)  Public postsecondary educational institutions

18  shall administer a minimum of two administrations, one of

19  which may consist of an alternative administration, of the

20  college-level communication and computation skills examination

21  per academic term. Such administrations shall be available to

22  all lower-division students seeking associate in arts or

23  baccalaureate degrees upon completion of at least 18 semester

24  hours or the equivalent.  Public postsecondary educational

25  institutions shall report at a minimum the examination scores

26  of all students tested at each administration of the

27  college-level communication and computation skills

28  examination.

29         (3)  No public postsecondary educational institution

30  shall confer an associate in arts or baccalaureate degree upon

31  any student who fails to complete successfully the examination


                                 832

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  of college-level communication and computation skills.

 2  Students who received their associate in arts degree prior to

 3  September 1, 1982, shall be exempt from the provisions of this

 4  subsection.

 5         (4)  The State Board of Education, by rule, shall set

 6  the minimum scores that constitute successful completion of

 7  the examination.  In establishing the minimum scores that

 8  constitute successful completion of the examination, the State

 9  Board of Education shall consider any possible negative impact

10  of the tests on minority students. Determinations regarding a

11  student's successful completion of the examination shall be

12  based on the minimum standards prescribed by rule for the date

13  the student initially takes the examination.

14         (5)  Any student who, in the best professional opinion

15  of the university, has a specific learning disability such

16  that the student can not demonstrate successful completion of

17  one or more sections of the college-level communication and

18  computation skills examination and is achieving at the college

19  level in every area except that of the disability, and whose

20  diagnosis indicates that further remediation will not succeed

21  in overcoming the disability, may appeal through the

22  appropriate dean to a committee appointed by the president or

23  vice president for academic affairs for special consideration.

24  The committee shall examine the evidence of the student's

25  academic and medical records and may hear testimony relevant

26  to the case.  The committee may grant a waiver for one or more

27  sections of the college-level communication and computation

28  skills examination based on the results of its review.

29         (6)  Each public postsecondary educational institution

30  president shall establish a committee to consider requests for

31  waivers from the provisions of subsection (3).  The committee


                                 833

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  shall be chaired by the chief academic officer of the

 2  institution and shall have four additional members appointed

 3  by the president: a member of the mathematics department, a

 4  member of the English department, the institutional test

 5  administrator, and a fourth faculty member from a department

 6  other than English or mathematics. Any student who has taken a

 7  subtest of the examination required by this section at least

 8  four times and has not achieved a passing score, but has

 9  otherwise demonstrated proficiency in coursework in the same

10  subject area, may request a waiver from that particular

11  subtest.  Waivers shall be considered only after students have

12  been provided test accommodations or other administrative

13  adjustments to permit the accurate measurement of the

14  student's proficiency in the subject areas measured by the

15  examination authorized in this section.  The committee shall

16  consider the student's educational records and other evidence

17  as to whether the student should be able to pass the subtest

18  under consideration.  A waiver may be recommended to the

19  president upon majority vote of the committee. The president

20  may approve or disapprove the recommendation.  The president

21  may not approve a request which the committee has disapproved.

22  If a waiver for a given subtest is approved, the student's

23  transcript shall include a statement that the student did not

24  meet the requirements of subsection (3) and that a waiver was

25  granted.

26         (7)  The State Board of Education, by rule, shall

27  establish fees for the administration of the examination to

28  private postsecondary students.

29         (8)  The State Board of Education, by rule, shall

30  establish fees for the administration of the examination at

31  times other than regularly scheduled dates to accommodate


                                 834

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  examinees who are unable to be tested on those dates.  The

 2  board shall establish the conditions under which examinees may

 3  be admitted to the special administrations.

 4         (9)  Any student fulfilling one or both of the

 5  following requirements before completion of associate in arts

 6  degree requirements or baccalaureate degree requirements is

 7  exempt from the testing requirements of this section:

 8         (a)  Achieves a score that meets or exceeds a minimum

 9  score on a nationally standardized examination, as established

10  by the State Board of Education; or

11         (b)  Demonstrates successful remediation of any

12  academic deficiencies identified by the college placement test

13  and achieves a cumulative grade point average of 2.5 or above,

14  on a 4.0 scale, in postsecondary-level coursework identified

15  by the State Board of Education. The Department of Education

16  shall specify the means by which a student may demonstrate

17  successful remediation.

18  

19  Any student denied a degree prior to January 1, 1996, based on

20  the failure of at least one subtest of the CLAST may use

21  either of the alternatives specified in this subsection for

22  receipt of a degree if such student meets all degree program

23  requirements at the time of application for the degree under

24  the exemption provisions of this subsection. This section does

25  not require a student to take the CLAST before being given the

26  opportunity to use any of the alternatives specified in this

27  subsection. The exemptions provided herein do not apply to

28  requirements for certification as provided in s. 1012.56.

29         Section 373.  Section 1008.30, Florida Statutes, is

30  created to read:

31  


                                 835

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         1008.30  Common placement testing for public

 2  postsecondary education.--

 3         (1)  The State Board of Education shall develop and

 4  implement a common placement test for the purpose of assessing

 5  the basic computation and communication skills of students who

 6  intend to enter a degree program at any public postsecondary

 7  educational institution.  The State Board of Education shall

 8  adopt rules which enable public postsecondary educational

 9  institutions to implement appropriate modifications of the

10  test instruments or test procedures for students with

11  disabilities.

12         (2)  The common placement testing program shall include

13  at a minimum the following:  the capacity to diagnose basic

14  competencies in the areas of English, reading, and mathematics

15  which are essential to perform college-level work;

16  prerequisite skills that relate to progressively advanced

17  instruction in mathematics, such as algebra and geometry;

18  prerequisite skills that relate to progressively advanced

19  instruction in language arts, such as English composition and

20  literature; prerequisite skills which relate to the College

21  Level Academic Skills Test (CLAST); and provision of test

22  information to students on the specific deficiencies.

23         (3)  The State Board of Education shall adopt rules

24  that would require high schools to give the common placement

25  test prescribed in this section, or an equivalent test

26  identified by the State Board of Education, at the beginning

27  of the tenth grade year before enrollment in the eleventh

28  grade year in public high school for the purpose of obtaining

29  remedial instruction prior to entering public postsecondary

30  education.

31  


                                 836

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (4)(a)  Public postsecondary educational institution

 2  students who have been identified as requiring additional

 3  preparation pursuant to subsection (1) shall enroll in

 4  college-preparatory or other adult education pursuant to s.

 5  1004.93 in community colleges to develop needed college-entry

 6  skills. These students shall be permitted to take courses

 7  within their degree program concurrently in other curriculum

 8  areas for which they are qualified while enrolled in

 9  college-preparatory instruction courses.  A student enrolled

10  in a college-preparatory course may concurrently enroll only

11  in college credit courses that do not require the skills

12  addressed in the college-preparatory course.  The State Board

13  of Education shall specify the college credit courses that are

14  acceptable for students enrolled in each college-preparatory

15  skill area, pursuant to s. 1001.02(7)(g). A student who wishes

16  to earn an associate in arts or a baccalaureate degree, but

17  who is required to complete a college-preparatory course, must

18  successfully complete the required college-preparatory studies

19  by the time the student has accumulated 12 hours of

20  lower-division college credit degree coursework; however, a

21  student may continue enrollment in degree-earning coursework

22  provided the student maintains enrollment in

23  college-preparatory coursework for each subsequent semester

24  until college-preparatory coursework requirements are

25  completed, and the student demonstrates satisfactory

26  performance in degree-earning coursework.  A passing score on

27  a standardized, institutionally developed test must be

28  achieved before a student is considered to have met basic

29  computation and communication skills requirements; however, no

30  student shall be required to retake any test or subtest that

31  was previously passed by said student. Credit awarded for


                                 837

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  college-preparatory instruction may not be counted towards

 2  fulfilling the number of credits required for a degree.

 3         (b)  The university board of trustees may contract with

 4  a community college board of trustees for the community

 5  college to provide such instruction on the state university

 6  campus. Any state university in which the percentage of

 7  incoming students requiring college-preparatory instruction

 8  equals or exceeds the average percentage of such students for

 9  the community college system may offer college-preparatory

10  instruction without contracting with a community college;

11  however, any state university offering college-preparatory

12  instruction as of January 1, 1996, may continue to provide

13  such services.

14         (5)  A student may not be enrolled in a college credit

15  mathematics or English course on a dual enrollment basis

16  unless the student has demonstrated adequate precollegiate

17  preparation on the section of the basic computation and

18  communication skills assessment required pursuant to

19  subsection (1) that is appropriate for successful student

20  participation in the course.

21         Section 374.  Part II of chapter 1008, Florida

22  Statutes, shall be entitled "Accountability, K-20" and shall

23  consist of ss. 1008.31-1008.46.

24         Section 375.  Section 1008.31, Florida Statutes, is

25  created to read:

26         1008.31  Florida's K-20 education performance

27  accountability system; legislative intent; performance-based

28  funding; mission, goals, and systemwide measures.--

29         (1)  LEGISLATIVE INTENT.--It is the intent of the

30  Legislature that:

31  


                                 838

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (a)  The performance accountability system implemented

 2  to assess the effectiveness of Florida's seamless K-20

 3  education delivery system provide answers to the following

 4  questions in relation to its mission and goals:

 5         1.  What is the public receiving in return for funds it

 6  invests in education?

 7         2.  How effectively is Florida's K-20 education system

 8  educating its students?

 9         3.  How effectively are the major delivery sectors

10  promoting student achievement?

11         4.  How are individual schools and postsecondary

12  education institutions performing their responsibility to

13  educate their students as measured by how students are

14  performing and how much they are learning?

15         (b)  The State Board of Education recommend to the

16  Legislature systemwide performance standards; the Legislature

17  establish systemwide performance measures and standards; and

18  the systemwide measures and standards provide Floridians with

19  information on what the public is receiving in return for the

20  funds it invests in education and how well the K-20 system

21  educates its students.

22         (c)  The State Board of Education establish performance

23  measures and set performance standards for individual

24  components of the public education system, including

25  individual schools and postsecondary educational institutions,

26  with measures and standards based primarily on student

27  achievement.

28         (2)  PERFORMANCE-BASED FUNDING.--The State Board of

29  Education shall cooperate with the Commissioner of Education

30  and each delivery system to develop proposals for

31  performance-based funding, using performance measures


                                 839

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  established by the Legislature. The proposals must provide

 2  that at least 10 percent of the state funds appropriated for

 3  the K-20 education system are conditional upon meeting or

 4  exceeding established performance standards. The State Board

 5  of Education must submit the recommendations to the

 6  Legislature in the following sequence:

 7         (a)  By December 1, 2002, recommendations for state

 8  universities, for consideration by the 2003 Legislature and

 9  implementation in the 2003-2004 fiscal year.

10         (b)  By December 1, 2003, recommendations for public

11  schools and workforce education, for consideration by the 2004

12  Legislature and implementation in the 2004-2005 fiscal year.

13         (c)  By December 1, 2004, recommendations for community

14  colleges, for consideration by the 2005 Legislature and

15  implementation in the 2005-2006 fiscal year.

16         (d)  By December 1, 2005, recommendations for all other

17  programs that receive state funds within the Department of

18  Education.

19         (3)  MISSION, GOALS, AND SYSTEMWIDE MEASURES.--The

20  mission of Florida's K-20 education system shall be to

21  increase the proficiency of all students within one seamless,

22  efficient system, by allowing them the opportunity to expand

23  their knowledge and skills through learning opportunities and

24  research valued by students, parents, and communities, and to

25  maintain an accountability system that measures student

26  progress toward the following goals:

27         (a)  Highest student achievement, as measured by:

28  student FCAT performance and annual learning gains; the number

29  and percentage of schools that improve at least one school

30  performance grade designation or maintain a school performance

31  grade designation of "A" pursuant to s. 1008.34; graduation or


                                 840

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  completion rates at all learning levels; and other measures

 2  identified in law or rule.

 3         (b)  Seamless articulation and maximum access, as

 4  measured by: the percentage of students who demonstrate

 5  readiness for the educational level they are entering, from

 6  kindergarten through postsecondary education and into the

 7  workforce; the number and percentage of students needing

 8  remediation; the percentage of Floridians who complete

 9  associate, baccalaureate, professional, and postgraduate

10  degrees; the number and percentage of credits that articulate;

11  the extent to which each set of exit-point requirements

12  matches the next set of entrance-point requirements; and other

13  measures identified in law or rule.

14         (c)  Skilled workforce and economic development, as

15  measured by: the number and percentage of graduates employed

16  in their areas of preparation; the percentage of Floridians

17  with high school diplomas and postsecondary education

18  credentials; the percentage of business and community members

19  who find that Florida's graduates possess the skills they

20  need; and other measures identified in law or rule.

21         (d)  Quality efficient services, as measured by: cost

22  per completer or graduate; average cost per noncompleter at

23  each educational level; cost disparity across institutions

24  offering the same degrees; the percentage of education

25  customers at each educational level who are satisfied with the

26  education provided; and other measures identified in law or

27  rule.

28         (4)  SYSTEMWIDE DATA COLLECTION.--School districts and

29  public postsecondary educational institutions shall maintain

30  information systems that will provide the State Board of

31  Education and the Legislature with information and reports at


                                 841

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  a level of comprehensiveness and quality no less than that

 2  which was available as of June 30, 2001.

 3         Section 376.  Section 1008.32, Florida Statutes, is

 4  created to read: 

 5         1008.32  State Board of Education oversight enforcement

 6  authority.--The State Board of Education shall oversee the

 7  performance of district school boards and public postsecondary

 8  educational institution boards in enforcement of all laws and

 9  rules.  District school boards and public postsecondary

10  educational institution boards shall be primarily responsible

11  for compliance with law and state board rule.

12         (1)  In order to ensure compliance with law or state

13  board rule, the State Board of Education shall have the

14  authority to request and receive information, data, and

15  reports from school districts and public postsecondary

16  educational institutions.  District school superintendents and

17  public postsecondary educational institution presidents are

18  responsible for the accuracy of the information and data

19  reported to the state board.

20         (2)  The Commissioner of Education may investigate

21  allegations of noncompliance with law or state board rule and

22  determine probable cause, the commissioner shall report to the

23  State Board of Education which shall require the district

24  school board or public postsecondary educational institution

25  board to document compliance with law or state board rule.

26         (3)  If the district school board or public

27  postsecondary educational institution board cannot

28  satisfactorily document compliance, the State Board of

29  Education may order compliance within a specified timeframe.

30         (4)  If the State Board of Education determines that a

31  district school board or public postsecondary educational


                                 842

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  institution board is unwilling or unable to comply with law or

 2  state board rule within the specified time, the state board

 3  shall have the authority to initiate any of the following

 4  actions:

 5         (a)  Report to the Legislature that the school district

 6  or public postsecondary educational institution has been

 7  unwilling or unable to comply with law or state board rule and

 8  recommend action to be taken by the Legislature.

 9         (b)  Reduce the discretionary lottery appropriation

10  until the school district or public postsecondary education

11  institution complies with the law or state board rule.

12         (c)  Withhold the transfer of state funds,

13  discretionary grant funds, or any other funds specified as

14  eligible for this purpose by the Legislature until the school

15  district or public postsecondary educational institution

16  complies with the law or state board rule.

17         (d)  Declare the school district or public

18  postsecondary educational institution ineligible for

19  competitive grants.

20         (e)  Require monthly or periodic reporting on the

21  situation related to noncompliance until it is remedied.

22         (5)  Nothing in this section shall be construed to

23  create a private cause of action or create any rights for

24  individuals or entities in addition to those provided

25  elsewhere in law or rule.

26         Section 377.  Section 1008.33, Florida Statutes, is

27  created to read:

28         1008.33  Authority to enforce public school

29  improvement.--It is the intent of the Legislature that all

30  public schools be held accountable for students performing at

31  acceptable levels.  A system of school improvement and


                                 843

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  accountability that assesses student performance by school,

 2  identifies schools in which students are not making adequate

 3  progress toward state standards, institutes appropriate

 4  measures for enforcing improvement, and provides rewards and

 5  sanctions based on performance shall be the responsibility of

 6  the State Board of Education.

 7         (1)  Pursuant to Art. IX of the State Constitution

 8  prescribing the duty of the State Board of Education to

 9  supervise Florida's public school system and notwithstanding

10  any other statutory provisions to the contrary, the State

11  Board of Education shall intervene in the operation of a

12  district school system when one or more schools in the school

13  district have failed to make adequate progress for 2 school

14  years in a 4-year period. For purposes of determining when a

15  school is eligible for state board action and opportunity

16  scholarships for its students, the terms "2 years in any

17  4-year period" and "2 years in a 4-year period" mean that in

18  any year that a school has a grade of "F," the school is

19  eligible for state board action and opportunity scholarships

20  for its students if it also has had a grade of "F" in any of

21  the previous 3 school years. The State Board of Education may

22  determine that the school district or school has not taken

23  steps sufficient for students in the school to be academically

24  well served.  Considering recommendations of the Commissioner

25  of Education, the State Board of Education shall recommend

26  action to a district school board intended to improve

27  educational services to students in each school that is

28  designated as performance grade category "F." Recommendations

29  for actions to be taken in the school district shall be made

30  only after thorough consideration of the unique

31  characteristics of a school, which shall include student


                                 844

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  mobility rates, the number and type of exceptional students

 2  enrolled in the school, and the availability of options for

 3  improved educational services. The state board shall adopt by

 4  rule steps to follow in this process.  Such steps shall

 5  provide school districts sufficient time to improve student

 6  performance in schools and the opportunity to present evidence

 7  of assistance and interventions that the district school board

 8  has implemented.

 9         (2)  The State Board of Education may recommend one or

10  more of the following actions to district school boards to

11  enable students in schools designated as performance grade

12  category "F" to be academically well served by the public

13  school system:

14         (a)  Provide additional resources, change certain

15  practices, and provide additional assistance if the state

16  board determines the causes of inadequate progress to be

17  related to school district policy or practice;

18         (b)  Implement a plan that satisfactorily resolves the

19  education equity problems in the school;

20         (c)  Contract for the educational services of the

21  school, or reorganize the school at the end of the school year

22  under a new school principal who is authorized to hire new

23  staff and implement a plan that addresses the causes of

24  inadequate progress;

25         (d)  Allow parents of students in the school to send

26  their children to another district school of their choice; or

27         (e)  Other action appropriate to improve the school's

28  performance.

29         (3)  In recommending actions to district school boards,

30  the State Board of Education shall specify the length of time

31  available to implement the recommended action.  The State


                                 845

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Board of Education may adopt rules to further specify how it

 2  may respond in specific circumstances.  No action taken by the

 3  State Board of Education shall relieve a school from state

 4  accountability requirements.

 5         (4)  The State Board of Education may require the

 6  Department of Education or Comptroller to withhold any

 7  transfer of state funds to the school district if, within the

 8  timeframe specified in state board action, the school district

 9  has failed to comply with the action ordered to improve the

10  district's low-performing schools. Withholding the transfer of

11  funds shall occur only after all other recommended actions for

12  school improvement have failed to improve performance. The

13  State Board of Education may impose the same penalty on any

14  district school board that fails to develop and implement a

15  plan for assistance and intervention for low-performing

16  schools as specified in s. 1001.42(16)(c).

17         Section 378.  Section 1008.34, Florida Statutes, is

18  created to read:

19         1008.34  School grading system; district performance

20  grade.--

21         (1)  ANNUAL REPORTS.--The Commissioner of Education

22  shall prepare annual reports of the results of the statewide

23  assessment program which describe student achievement in the

24  state, each district, and each school.  The commissioner shall

25  prescribe the design and content of these reports, which must

26  include, without limitation, descriptions of the performance

27  of all schools participating in the assessment program and all

28  of their major student populations as determined by the

29  Commissioner of Education, and must also include the median

30  scores of all eligible students who scored at or in the lowest

31  25th percentile of the state in the previous school year;


                                 846

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  provided, however, that the provisions of s. 1002.22

 2  pertaining to student records apply to this section.

 3         (2)  SCHOOL PERFORMANCE GRADE CATEGORIES.--The annual

 4  report shall identify schools as being in one of the following

 5  grade categories defined according to rules of the State Board

 6  of Education:

 7         (a)  "A," schools making excellent progress.

 8         (b)  "B," schools making above average progress.

 9         (c)  "C," schools making satisfactory progress.

10         (d)  "D," schools making less than satisfactory

11  progress.

12         (e)  "F," schools failing to make adequate progress.

13  

14  Each school designated in performance grade category "A,"

15  making excellent progress, or having improved at least two

16  performance grade categories, shall have greater authority

17  over the allocation of the school's total budget generated

18  from the FEFP, state categoricals, lottery funds, grants, and

19  local funds, as specified in state board rule. The rule must

20  provide that the increased budget authority shall remain in

21  effect until the school's performance grade declines.

22         (3)  DESIGNATION OF SCHOOL PERFORMANCE GRADE

23  CATEGORIES.--School performance grade category designations

24  itemized in subsection (2) shall be based on the following:

25         (a)  Timeframes.--

26         1.  School performance grade category designations

27  shall be based on the school's current year performance and

28  the school's annual learning gains.

29         2.  A school's performance grade category designation

30  shall be based on a combination of student achievement scores,

31  student learning gains as measured by annual FCAT assessments


                                 847

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  in grades 3 through 10, and improvement of the lowest 25th

 2  percentile of students in the school in reading, math, or

 3  writing on the FCAT, unless these students are performing

 4  above satisfactory performance.

 5         (b)  Student assessment data.--Student assessment data

 6  used in determining school performance grade categories shall

 7  include:

 8         1.  The aggregate scores of all eligible students

 9  enrolled in the school who have been assessed on the FCAT.

10         2.  The aggregate scores of all eligible students

11  enrolled in the school who have been assessed on the FCAT,

12  including Florida Writes, and who have scored at or in the

13  lowest 25th percentile of students in the school in reading,

14  math, or writing, unless these students are performing above

15  satisfactory performance.

16  

17  The Department of Education shall study the effects of

18  mobility on the performance of highly mobile students and

19  recommend programs to improve the performance of such

20  students. The State Board of Education shall adopt appropriate

21  criteria for each school performance grade category. The

22  criteria must also give added weight to student achievement in

23  reading. Schools designated as performance grade category "C,"

24  making satisfactory progress, shall be required to demonstrate

25  that adequate progress has been made by students in the school

26  who are in the lowest 25th percentile in reading, math, or

27  writing on the FCAT, including Florida Writes, unless these

28  students are performing above satisfactory performance.

29         (4)  SCHOOL IMPROVEMENT RATINGS.--The annual report

30  shall identify each school's performance as having improved,

31  remained the same, or declined. This school improvement rating


                                 848

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  shall be based on a comparison of the current year's and

 2  previous year's student and school performance data. Schools

 3  that improve at least one performance grade category are

 4  eligible for school recognition awards pursuant to s. 1008.36.

 5         (5)  SCHOOL PERFORMANCE GRADE CATEGORY AND IMPROVEMENT

 6  RATING REPORTS.--School performance grade category

 7  designations and improvement ratings shall apply to each

 8  school's performance for the year in which performance is

 9  measured. Each school's designation and rating shall be

10  published annually by the Department of Education and the

11  school district. Parents shall be entitled to an easy-to-read

12  report card about the designation and rating of the school in

13  which their child is enrolled.

14         (6)  RULES.--The State Board of Education shall adopt

15  rules pursuant to ss. 120.536(1) and 120.54 to implement the

16  provisions of this section.

17         (7)  PERFORMANCE-BASED FUNDING.--The Legislature may

18  factor in the performance of schools in calculating any

19  performance-based funding policy that is provided for annually

20  in the General Appropriations Act.

21         (8)  DISTRICT PERFORMANCE GRADE.--The annual report

22  required by subsection (1) shall include district performance

23  grades, which shall consist of weighted district average

24  grades, by level, for all elementary schools, middle schools,

25  and high schools in the district. A district's weighted

26  average grade shall be calculated by weighting individual

27  school grades determined pursuant to subsection (2) by school

28  enrollment.

29         Section 379.  Section 1008.345, Florida Statutes, is

30  created to read:

31  


                                 849

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         1008.345  Implementation of state system of school

 2  improvement and education accountability.--

 3         (1)  The Commissioner of Education is responsible for

 4  implementing and maintaining a system of intensive school

 5  improvement and stringent education accountability, which

 6  shall include policies and programs to implement the

 7  following:

 8         (a)  A system of data collection and analysis that will

 9  improve information about the educational success of

10  individual students and schools, including schools operating

11  for the purpose of providing educational services to youth in

12  Department of Juvenile Justice programs. The information and

13  analyses must be capable of identifying educational programs

14  or activities in need of improvement, and reports prepared

15  pursuant to this paragraph shall be distributed to the

16  appropriate district school boards prior to distribution to

17  the general public. This provision shall not preclude access

18  to public records as provided in chapter 119.

19         (b)  A program of school improvement that will analyze

20  information to identify schools, including schools operating

21  for the purpose of providing educational services to youth in

22  Department of Juvenile Justice programs, educational programs,

23  or educational activities in need of improvement.

24         (c)  A method of delivering services to assist school

25  districts and schools to improve, including schools operating

26  for the purpose of providing educational services to youth in

27  Department of Juvenile Justice programs.

28         (d)  A method of coordinating with the state

29  educational goals and school improvement plans any other state

30  program that creates incentives for school improvement.

31  


                                 850

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (2)  The commissioner shall be held responsible for the

 2  implementation and maintenance of the system of school

 3  improvement and education accountability outlined in this

 4  section.  There shall be an annual determination of whether

 5  adequate progress is being made toward implementing and

 6  maintaining a system of school improvement and education

 7  accountability.

 8         (3)  The annual feedback report shall be developed by

 9  the Department of Education.

10         (4)  The commissioner shall review each district school

11  board's feedback report and submit findings to the State Board

12  of Education. If adequate progress is not being made toward

13  implementing and maintaining a system of school improvement

14  and education accountability, the State Board of Education

15  shall direct the commissioner to prepare and implement a

16  corrective action plan. The commissioner and State Board of

17  Education shall monitor the development and implementation of

18  the corrective action plan.

19         (5)  The commissioner shall report to the Legislature

20  and recommend changes in state policy necessary to foster

21  school improvement and education accountability. Included in

22  the report shall be a list of the schools, including schools

23  operating for the purpose of providing educational services to

24  youth in Department of Juvenile Justice programs, for which

25  district school boards have developed assistance and

26  intervention plans and an analysis of the various strategies

27  used by the school boards. School reports shall be distributed

28  pursuant to this subsection and s. 1001.42(16)(e) and

29  according to rules adopted by the State Board of Education.

30         (6)(a)  The Department of Education shall implement a

31  training program to develop among state and district educators


                                 851

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  a cadre of facilitators of school improvement. These

 2  facilitators shall assist schools and districts to conduct

 3  needs assessments and develop and implement school improvement

 4  plans to meet state goals.

 5         (b)  Upon request, the department shall provide

 6  technical assistance and training to any school, including any

 7  school operating for the purpose of providing educational

 8  services to youth in Department of Juvenile Justice programs,

 9  school advisory council, district, or district school board

10  for conducting needs assessments, developing and implementing

11  school improvement plans, developing and implementing

12  assistance and intervention plans, or implementing other

13  components of school improvement and accountability. Priority

14  for these services shall be given to schools designated as

15  performance grade category "D" or "F" and school districts in

16  rural and sparsely populated areas of the state.

17         (c)  Pursuant to s. 24.121(5)(d), the department shall

18  not release funds from the Educational Enhancement Trust Fund

19  to any district in which a school, including schools operating

20  for the purpose of providing educational services to youth in

21  Department of Juvenile Justice programs, does not have an

22  approved school improvement plan, pursuant to s. 1001.42(16),

23  after 1 full school year of planning and development, or does

24  not comply with school advisory council membership composition

25  requirements pursuant to s. 1001.452. The department shall

26  send a technical assistance team to each school without an

27  approved plan to develop such school improvement plan or to

28  each school without appropriate school advisory council

29  membership composition to develop a strategy for corrective

30  action.  The department shall release the funds upon approval

31  of the plan or upon establishment of a plan of corrective


                                 852

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  action. Notice shall be given to the public of the

 2  department's intervention and shall identify each school

 3  without a plan or without appropriate school advisory council

 4  membership composition.

 5         (d)  The department shall assign a community assessment

 6  team to each school district with a school designated as

 7  performance grade category "D" or "F" to review the school

 8  performance data and determine causes for the low performance.

 9  The team shall make recommendations to the school board, to

10  the department, and to the State Board of Education for

11  implementing an assistance and intervention plan that will

12  address the causes of the school's low performance. The

13  assessment team shall include, but not be limited to, a

14  department representative, parents, business representatives,

15  educators, and community activists, and shall represent the

16  demographics of the community from which they are appointed.

17         (7)(a)  Schools designated in performance grade

18  category "A," making excellent progress, shall, if requested

19  by the school, be given deregulated status as specified in s.

20  1003.63(5), (7), (8), (9), and (10).

21         (b)  Schools that have improved at least two

22  performance grade categories and that meet the criteria of the

23  Florida School Recognition Program pursuant to s. 1008.36 may

24  be given deregulated status as specified in s. 1003.63(5),

25  (7), (8), (9), and (10).

26         (8)  As a part of the system of educational

27  accountability, the Department of Education shall:

28         (a)  Develop minimum performance standards for various

29  grades and subject areas, as required in ss. 1001.03, 1008.22,

30  and 1008.34.

31  


                                 853

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  Administer the statewide assessment testing

 2  program created by s. 1008.22.

 3         (c)  Review the school advisory councils of each

 4  district as required by s. 1001.452.

 5         (d)  Conduct the program evaluations required by s.

 6  1001.03.

 7         (e)  Maintain a listing of college-level communication

 8  and mathematics skills defined by the State Board of Education

 9  as being associated with successful student performance

10  through the baccalaureate level and submit the same to the

11  State Board of Education for approval.

12         (f)  Maintain a listing of tests and other assessment

13  procedures which measure and diagnose student achievement of

14  college-level communication and computation skills and submit

15  the same to the State Board of Education for approval.

16         (g)  Maintain for the information of the State Board of

17  Education and the Legislature a file of data to reflect

18  achievement of college-level communication and mathematics

19  competencies by students in state universities and community

20  colleges.

21         (h)  Develop or contract for, and submit to the State

22  Board of Education for approval, tests which measure and

23  diagnose student achievement of college-level communication

24  and mathematics skills.  Any tests and related documents

25  developed are exempt from the provisions of s. 119.07(1).  The

26  commissioner shall maintain statewide responsibility for the

27  administration of such tests and may assign administrative

28  responsibilities for the tests to any state university or

29  community college.  The state board, upon recommendation of

30  the commissioner, may enter into contracts for such services

31  beginning in one fiscal year and continuing into the next year


                                 854

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  which are paid from the appropriation for either or both

 2  fiscal years.

 3         (i)  Perform any other functions that may be involved

 4  in educational planning, research, and evaluation or that may

 5  be required by the commissioner, the State Board of Education,

 6  or law.

 7         Section 380.  Section 1008.35, Florida Statutes, is

 8  created to read:

 9         1008.35  Best financial management practices for school

10  districts; standards; reviews; designation of school

11  districts.--

12         (1)  The purpose of best financial management practices

13  reviews is to improve Florida school district management and

14  use of resources and to identify cost savings. The Office of

15  Program Policy Analysis and Government Accountability (OPPAGA)

16  and the Office of the Auditor General are directed to develop

17  a system for reviewing the financial management practices of

18  school districts. In this system, the Auditor General shall

19  assist OPPAGA in examining district operations to determine

20  whether they meet "best financial management practices."

21         (2)  The best financial management practices adopted by

22  the Commissioner of Education may be updated periodically

23  after consultation with the Legislature, the Governor, the

24  Department of Education, school districts, and the Auditor

25  General. OPPAGA shall submit to the Commissioner of Education

26  for review and adoption proposed revisions to the best

27  financial management practices adopted by the commissioner.

28  The best financial management practices, at a minimum, must

29  instill public confidence by addressing the school district's

30  use of resources, identifying ways that the district could

31  save funds, and improving districts' performance


                                 855

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  accountability systems, including public accountability. To

 2  achieve these objectives, best practices shall be developed

 3  for, but need not be limited to, the following areas:

 4         (a)  Management structures.

 5         (b)  Performance accountability.

 6         (c)  Efficient delivery of educational services,

 7  including instructional materials.

 8         (d)  Administrative and instructional technology.

 9         (e)  Personnel systems and benefits management.

10         (f)  Facilities construction.

11         (g)  Facilities maintenance.

12         (h)  Student transportation.

13         (i)  Food service operations.

14         (j)  Cost control systems, including asset management,

15  risk management, financial management, purchasing, internal

16  auditing, and financial auditing.

17  

18  In areas for which the commissioner has not adopted best

19  practices, OPPAGA may develop additional best financial

20  management practices, with input from a broad range of

21  stakeholders. OPPAGA shall present any additional best

22  practices to the commissioner for review and adoption. Revised

23  best financial management practices adopted by the

24  commissioner must be used in the next year's scheduled school

25  district reviews conducted according to this section.

26         (3)  OPPAGA shall contract with a private firm selected

27  through a formal request for proposal process to perform the

28  review, to the extent that funds are provided for this purpose

29  in the General Appropriations Act each year. When sufficient

30  funds are not provided to contract for all the scheduled best

31  financial management practices reviews, OPPAGA shall conduct


                                 856

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the remaining reviews scheduled for that year, except as

 2  otherwise provided in this act. At least one member of the

 3  private firm review team shall have expertise in school

 4  district finance. The scope of the review shall focus on the

 5  best practices adopted by the Commissioner of Education,

 6  pursuant to subsection (2). OPPAGA may include additional

 7  items in the scope of the review after seeking input from the

 8  school district and the Department of Education.

 9         (4)  OPPAGA shall consult with the Commissioner of

10  Education throughout the best practices review process to

11  ensure that the technical expertise of the Department of

12  Education benefits the review process and supports the school

13  districts before, during, and after the review.

14         (5)  It is the intent of the Legislature that each

15  school district shall be subject to a best financial

16  management practices review. The Legislature also intends that

17  all school districts shall be reviewed on a continuing 5-year

18  cycle, as follows, unless specified otherwise in the General

19  Appropriations Act, or as provided in this section:

20         (a)  Year 1: Hillsborough, Sarasota, Collier, Okaloosa,

21  Alachua, St. Lucie, Santa Rosa, Hernando, Indian River,

22  Monroe, Osceola, and Bradford.

23         (b)  Year 2: Miami-Dade, Duval, Volusia, Bay, Columbia,

24  Suwannee, Wakulla, Baker, Union, Hamilton, Jefferson, Gadsden,

25  and Franklin.

26         (c)  Year 3: Palm Beach, Orange, Seminole, Lee,

27  Escambia, Leon, Levy, Taylor, Madison, Gilchrist, Gulf, Dixie,

28  Liberty, and Lafayette.

29         (d)  Year 4: Pinellas, Pasco, Marion, Manatee, Clay,

30  Charlotte, Citrus, Highlands, Nassau, Hendry, Okeechobee,

31  Hardee, DeSoto, and Glades.


                                 857

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (e)  Year 5: Broward, Polk, Brevard, Lake, St. Johns,

 2  Martin, Putnam, Jackson, Flagler, Walton, Sumter, Holmes,

 3  Washington, and Calhoun.

 4         (6)(a)  The Joint Legislative Auditing Committee may

 5  adjust the schedule of districts to be reviewed when

 6  unforeseen circumstances prevent initiation of reviews

 7  scheduled in a given year.

 8         (b)  Once the 5-year cycle has been completed, reviews

 9  shall continue, beginning again with those districts included

10  in year one of the cycle unless a district has requested and

11  received a waiver as provided in subsection (17).

12         (7)  At the direction of the Joint Legislative Auditing

13  Committee or the President of the Senate and the Speaker of

14  the House of Representatives, and subject to funding by the

15  Legislature, OPPAGA may conduct, or contract with a private

16  firm to conduct, up to two additional best financial

17  management practices reviews in districts not scheduled for

18  review during that year if such review is necessary to address

19  adverse financial conditions.

20         (8)  Reviews shall be conducted by OPPAGA and the

21  consultant to the extent specifically funded by the

22  Legislature in the General Appropriations Act for this

23  purpose. Such funds may be used for the cost of reviews by

24  OPPAGA and private consultants contracted by the director of

25  OPPAGA. Costs may include professional services, travel

26  expenses of OPPAGA and staff of the Auditor General, and any

27  other necessary expenses incurred as part of a best financial

28  management practices review.

29         (9)  Districts scheduled for review must complete a

30  self-assessment instrument provided by OPPAGA which indicates

31  the school district's evaluation of its performance on each


                                 858

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  best practice. The district must begin the self-assessment not

 2  later than 60 days prior to the commencement of the review.

 3  The completed self-assessment instrument and supporting

 4  documentation must be submitted to OPPAGA not later than the

 5  date of commencement of the review as notified by OPPAGA. The

 6  best practice review team will use this self-assessment

 7  information during their review of the district.

 8         (10)  During the review, OPPAGA and the consultant

 9  conducting the review, if any, shall hold at least one

10  advertised public forum as part of the review in order to

11  explain the best financial management practices review process

12  and obtain input from students, parents, the business

13  community, and other district residents regarding their

14  concerns about the operations and management of the school

15  district.

16         (11)  District reviews conducted under this section

17  must be completed within 6 months after commencement. OPPAGA

18  shall issue a final report to the President of the Senate, the

19  Speaker of the House of Representatives, and the district

20  regarding the district's use of best financial management

21  practices and cost savings recommendations within 60 days

22  after completing the reviews. Copies of the final report shall

23  be provided to the Governor, the Commissioner of Education,

24  and to the chairs of school advisory councils and district

25  advisory councils established pursuant to s. 229.58(1)(a) and

26  (b).  The district school board shall notify all members of

27  the school advisory councils and district advisory council by

28  mail that the final report has been delivered to the school

29  district and to the council chairs. The notification shall

30  also inform members of the OPPAGA website address at which an

31  electronic copy of the report is available.


                                 859

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (12)  After receipt of the final report and before the

 2  district school board votes whether to adopt the action plan,

 3  or if no action plan was required because the district was

 4  found to be using the best practices, the district school

 5  board shall hold an advertised public forum to accept public

 6  input and review the findings and recommendations of the

 7  report. The district school board shall advertise and promote

 8  this forum in a manner appropriate to inform school and

 9  district advisory councils, parents, school district

10  employees, the business community, and other district

11  residents of the opportunity to attend this meeting. OPPAGA

12  and the consultant, if any, shall also be represented at this

13  forum.

14         (13)(a)  If the district is found not to conform to

15  best financial management practices, the report must contain

16  an action plan detailing how the district could meet the best

17  practices within 2 years. The district school board must

18  decide, by a majority plus one vote within 90 days after

19  receipt of the final report, whether or not to implement the

20  action plan and pursue a "Seal of Best Financial Management"

21  awarded by the State Board of Education to qualified school

22  districts. If a district fails to vote on the action plan

23  within 90 days, district school board members may be required

24  to appear and present testimony before a legislative

25  committee, pursuant to s. 11.143.

26         (b)  The district school board may vote to reverse a

27  decision not to implement an action plan, provided that the

28  action plan is implemented and there is still sufficient time,

29  as determined by the district school board, to meet the best

30  practices within 2 years after issuance of the final report.

31  


                                 860

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (c)  Within 90 days after the receipt of the final

 2  report, the district school board must notify OPPAGA and the

 3  Commissioner of Education in writing of the date and outcome

 4  of the district school board vote on whether to adopt the

 5  action plan. If the district school board fails to vote on

 6  whether to adopt the action plan, the district school

 7  superintendent must notify OPPAGA and the Commissioner of

 8  Education. The Department of Education may contact the school

 9  district, assess the situation, urge the district school board

10  to vote, and offer technical assistance, if needed.

11         (14)  If a district school board votes to implement the

12  action plan:

13         (a)  No later than 1 year after receipt of the final

14  report, the district school board must submit an initial

15  status report to the President of the Senate, the Speaker of

16  the House of Representatives, the Governor, OPPAGA, the

17  Auditor General, the State Board of Education, and the

18  Commissioner of Education on progress made towards

19  implementing the action plan and whether changes have occurred

20  in other areas of operation that would affect compliance with

21  the best practices.

22         (b)  A second status report must be submitted by the

23  school district to the President of the Senate, the Speaker of

24  the House of Representatives, the Governor, OPPAGA, the

25  Auditor General, the Commissioner of Education, and the State

26  Board of Education no later than 1 year after submission of

27  the initial report.

28  

29  Status reports are not required once OPPAGA concludes that the

30  district is using best practices.

31  


                                 861

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (15)  After receipt of each of a district's two status

 2  reports required by subsection (14), OPPAGA shall assess the

 3  district's implementation of the action plan and progress

 4  toward implementing the best financial management practices in

 5  areas covered by the plan. Following each assessment, OPPAGA

 6  shall issue a report to the President of the Senate, the

 7  Speaker of the House of Representatives, and the district

 8  indicating whether the district has successfully implemented

 9  the best financial management practices. Copies of the report

10  must be provided to the Governor, the Auditor General, the

11  Commissioner of Education, and the State Board of Education.

12  If a district has failed to implement an action plan adopted

13  pursuant to subsection (13), district school board members and

14  the district school superintendent may be required to appear

15  before a legislative committee, pursuant to s. 11.143, to

16  present testimony regarding the district's failure to

17  implement such action plan.

18         (16)  District school boards that successfully

19  implement the best financial management practices within 2

20  years, or are determined in the review to be using the best

21  practices, are eligible to receive a "Seal of Best Financial

22  Management." Upon notification to the Commissioner of

23  Education and the State Board of Education by OPPAGA that a

24  district has been found to be using the best financial

25  management practices, the State Board of Education shall award

26  that district a "Seal of Best Financial Management" certifying

27  that the district is adhering to the state's best financial

28  management practices. The State Board of Education designation

29  shall be effective for 5 years from the certification date or

30  until the next review is completed, whichever is later. During

31  the designation period, the district school board shall


                                 862

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  annually, not later than the anniversary date of the

 2  certification, notify OPPAGA, the Auditor General, the

 3  Commissioner of Education, and the State Board of Education of

 4  any changes in policies or operations or any other situations

 5  that would not conform to the state's best financial

 6  management practices. The State Board of Education may revoke

 7  the designation of a district school board at any time if it

 8  determines that a district is no longer complying with the

 9  state's best financial management practices. If no such

10  changes have occurred and the district school board determines

11  that the school district continues to conform to the best

12  financial management practices, the district school board

13  shall annually report that information to the State Board of

14  Education, with copies to OPPAGA, the Auditor General, and the

15  Commissioner of Education.

16         (17)(a)  A district school board that has been awarded

17  a "Seal of Best Financial Management" by the State Board of

18  Education and has annually reported to the State Board of

19  Education that the district is still conforming to the best

20  financial management practices may request a waiver from

21  undergoing its next scheduled Best Financial Management

22  Practices review.

23         (b)  To apply for such waiver, not later than September

24  1 of the fiscal year prior to the fiscal year in which the

25  district is next scheduled for review, the district school

26  board shall certify to OPPAGA and the Department of Education

27  the district school board's determination that the school

28  district is still conforming to the best financial management

29  practices.

30         (c)  After consultation with the Department of

31  Education and review of the district school board's


                                 863

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  determination, OPPAGA may recommend to the Legislative Budget

 2  Commission that the district be granted a waiver for the next

 3  scheduled Best Financial Management Practices review. If

 4  approved for waiver, OPPAGA shall notify the school district

 5  and the Department of Education that no review of that

 6  district will be conducted during the next scheduled review

 7  cycle. In that event, the district school board must continue

 8  annual reporting to the State Board of Education as required

 9  in subsection (16). District school boards granted a waiver

10  for one review cycle are not eligible for waiver of the next

11  scheduled review cycle.

12         (18)  District school boards that receive a best

13  financial management practices review must maintain records

14  that will enable independent verification of the

15  implementation of the action plan and any related fiscal

16  impacts.

17         (19)  Unrestricted cost savings resulting from

18  implementation of the best financial management practices must

19  be spent at the school and classroom levels for teacher

20  salaries, teacher training, improved classroom facilities,

21  student supplies, textbooks, classroom technology, and other

22  direct student instruction activities. Cost savings identified

23  for a program that has restrictive expenditure requirements

24  shall be used for the enhancement of the specific program.

25         Section 381.  Section 1008.36, Florida Statutes, is

26  created to read:

27         1008.36  Florida School Recognition Program.--

28         (1)  The Legislature finds that there is a need for a

29  performance incentive program for outstanding faculty and

30  staff in highly productive schools.  The Legislature further

31  finds that performance-based incentives are commonplace in the


                                 864

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  private sector and should be infused into the public sector as

 2  a reward for productivity.

 3         (2)  The Florida School Recognition Program is created

 4  to provide financial awards to public schools that:

 5         (a)  Sustain high performance by receiving a school

 6  grade of "A," making excellent progress; or

 7         (b)  Demonstrate exemplary improvement due to

 8  innovation and effort by improving a letter grade.

 9         (3)  All public schools, including charter schools,

10  that receive a school grade pursuant to s. 1008.34 are

11  eligible to participate in the program.

12         (4)  All selected schools shall receive financial

13  awards depending on the availability of funds appropriated and

14  the number and size of schools selected to receive an award.

15  Funds must be distributed to the school's fiscal agent and

16  placed in the school's account and must be used for purposes

17  listed in subsection (5) as determined jointly by the school's

18  staff and school advisory council. If school staff and the

19  school advisory council cannot reach agreement by November 1,

20  the awards must be equally distributed to all classroom

21  teachers currently teaching in the school.

22         (5)  School recognition awards must be used for the

23  following:

24         (a)  Nonrecurring bonuses to the faculty and staff;

25         (b)  Nonrecurring expenditures for educational

26  equipment or materials to assist in maintaining and improving

27  student performance; or

28         (c)  Temporary personnel for the school to assist in

29  maintaining and improving student performance.

30  

31  


                                 865

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Notwithstanding statutory provisions to the contrary,

 2  incentive awards are not subject to collective bargaining.

 3         Section 382.  Section 1008.37, Florida Statutes, is

 4  created to read:

 5         1008.37  Postsecondary feedback of information to high

 6  schools.--

 7         (1)  The State Board of Education shall adopt rules

 8  that require the Commissioner of Education to report to the

 9  State Board of Education, the Legislature, and the district

10  school boards on the performance of each

11  first-time-in-postsecondary education student from each public

12  high school in this state who is enrolled in a public

13  postsecondary institution or public technical center.  Such

14  reports must be based on information databases maintained by

15  the Department of Education. In addition, the public

16  postsecondary educational institutions and technical centers

17  shall provide district school boards access to information on

18  student performance in regular and preparatory courses and

19  shall indicate students referred for remediation pursuant to

20  s. 1008.30 or s. 1008.28.

21         (2)  The Commissioner of Education shall report, by

22  high school, to the State Board of Education and the

23  Legislature, no later than November 31 of each year, on the

24  number of prior year Florida high school graduates who

25  enrolled for the first time in public postsecondary education

26  in this state during the previous summer, fall, or spring

27  term, indicating the number of students whose scores on the

28  common placement test indicated the need for remediation

29  through college-preparatory or vocational-preparatory

30  instruction pursuant to s. 1004.91 or s. 1008.30.

31  


                                 866

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (3)  The Commissioner of Education shall organize

 2  school summary reports and student-level records by school

 3  district and high school in which the postsecondary education

 4  students were enrolled and report the information to each

 5  school district no later than January 31 of each year.

 6         (4)  As a part of the school improvement plan pursuant

 7  to s. 1008.345, the State Board of Education shall ensure that

 8  each school district and high school develops strategies to

 9  improve student readiness for the public postsecondary level

10  based on annual analysis of the feedback report data.

11         (5)  The Commissioner of Education shall annually

12  recommend to the Legislature statutory changes to reduce the

13  incidence of postsecondary remediation in mathematics,

14  reading, and writing for first-time-enrolled recent high

15  school graduates.

16         Section 383.  Section 1008.38, Florida Statutes, is

17  created to read: 

18         1008.38  Articulation accountability process.--The

19  State Board of Education shall develop articulation

20  accountability measures which assess the status of systemwide

21  articulation processes authorized under s. 1007.23. The State

22  Board of Education shall establish an articulation

23  accountability process which at a minimum shall address:

24         (1)  The impact of articulation processes on ensuring

25  educational continuity and the orderly and unobstructed

26  transition of students between public secondary and

27  postsecondary education systems and facilitating the

28  transition of students between the public and private sectors.

29         (2)  The adequacy of preparation of public secondary

30  students to smoothly articulate to a public postsecondary

31  institution.


                                 867

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (3)  The effectiveness of articulated acceleration

 2  mechanisms available to secondary students.

 3         (4)  The smooth transfer of community college associate

 4  in arts degree graduates to a state university.

 5         (5)  An examination of degree requirements that exceed

 6  the parameters of 60 credit hours for an associate degree and

 7  120 hours for a baccalaureate degree in public postsecondary

 8  programs.

 9         (6)  The relationship between the College Level

10  Academic Skills Test Program and articulation to the upper

11  division in public postsecondary institutions.

12         Section 384.  Section 1008.385, Florida Statutes, is

13  created to read:

14         1008.385  Educational planning and information

15  systems.--

16         (1)  EDUCATIONAL PLANNING.--

17         (a)  The Commissioner of Education is responsible for

18  all planning functions for the department, including

19  collection, analysis, and interpretation of all data,

20  information, test results, evaluations, and other indicators

21  that are used to formulate policy, identify areas of concern

22  and need, and serve as the basis for short-range and

23  long-range planning.  Such planning shall include assembling

24  data, conducting appropriate studies and surveys, and

25  sponsoring research and development activities designed to

26  provide information about educational needs and the effect of

27  alternative educational practices.

28         (b)  Each district school board shall maintain a

29  continuing system of planning and budgeting designed to aid in

30  identifying and meeting the educational needs of students and

31  the public. Provision shall be made for coordination between


                                 868

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  district school boards and community college boards of

 2  trustees concerning the planning for career and technical

 3  education and adult educational programs.  The major emphasis

 4  of the system shall be upon locally determined goals and

 5  objectives, the state plan for education, and the Sunshine

 6  State Standards developed by the Department of Education and

 7  adopted by the State Board of Education.  The district

 8  planning and budgeting system must include consideration of

 9  student achievement data obtained pursuant to ss. 1008.22 and

10  1008.34.  The system shall be structured to meet the specific

11  management needs of the district and to align the budget

12  adopted by the district school board with the plan the board

13  has also adopted. Each district school board shall utilize its

14  system of planning and budgeting to emphasize a system of

15  school-based management in which individual school centers

16  become the principal planning units and to integrate planning

17  and budgeting at the school level.

18         (2)  COMPREHENSIVE MANAGEMENT INFORMATION SYSTEMS.--The

19  Commissioner of Education shall develop and implement an

20  integrated information system for educational management. The

21  system must be designed to collect, via electronic transfer,

22  all student and school performance data required to ascertain

23  the degree to which schools and school districts are meeting

24  state performance standards, and must be capable of producing

25  data for a comprehensive annual report on school and district

26  performance. In addition, the system shall support, as

27  feasible, the management decisions to be made in each division

28  of the department and at the individual school and district

29  levels.  Similar data elements among divisions and levels

30  shall be compatible. The system shall be based on an overall

31  conceptual design; the information needed for such decisions,


                                 869

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  including fiscal, student, program, personnel, facility,

 2  community, evaluation, and other relevant data; and the

 3  relationship between cost and effectiveness. The system shall

 4  be managed and administered by the commissioner and shall

 5  include a district subsystem component to be administered at

 6  the district level, with input from the reports-and-forms

 7  control management committees.  Each district school system

 8  with a unique management information system shall assure that

 9  compatibility exists between its unique system and the

10  district component of the state system so that all data

11  required as input to the state system is made available via

12  electronic transfer and in the appropriate input format.

13         (a)  The specific responsibilities of the commissioner

14  shall include:

15         1.  Consulting with school district representatives in

16  the development of the system design model and implementation

17  plans for the management information system for public school

18  education management;

19         2.  Providing operational definitions for the proposed

20  system;

21         3.  Determining the information and specific data

22  elements required for the management decisions made at each

23  educational level, recognizing that the primary unit for

24  information input is the individual school and recognizing

25  that time and effort of instructional personnel expended in

26  collection and compilation of data should be minimized;

27         4.  Developing standardized terminology and procedures

28  to be followed at all levels of the system;

29         5.  Developing a standard transmittal format to be used

30  for collection of data from the various levels of the system;

31  


                                 870

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         6.  Developing appropriate computer programs to assure

 2  integration of the various information components dealing with

 3  students, personnel, facilities, fiscal, program, community,

 4  and evaluation data;

 5         7.  Developing the necessary programs to provide

 6  statistical analysis of the integrated data provided in

 7  subparagraph 6. in such a way that required reports may be

 8  disseminated, comparisons may be made, and relationships may

 9  be determined in order to provide the necessary information

10  for making management decisions at all levels;

11         8.  Developing output report formats which will provide

12  district school systems with information for making management

13  decisions at the various educational levels;

14         9.  Developing a phased plan for distributing computer

15  services equitably among all public schools and school

16  districts in the state as rapidly as possible.  The plan shall

17  describe alternatives available to the state in providing such

18  computing services and shall contain estimates of the cost of

19  each alternative, together with a recommendation for action.

20  In developing the plan, the feasibility of shared use of

21  computing hardware and software by school districts, community

22  colleges, and universities shall be examined.  Laws or

23  administrative rules regulating procurement of data processing

24  equipment, communication services, or data processing services

25  by state agencies shall not be construed to apply to local

26  agencies which share computing facilities with state agencies;

27         10.  Assisting the district school systems in

28  establishing their subsystem components and assuring

29  compatibility with current district systems;

30         11.  Establishing procedures for continuous evaluation

31  of system efficiency and effectiveness;


                                 871

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         12.  Initiating a reports-management and

 2  forms-management system to ascertain that duplication in

 3  collection of data does not exist and that forms and reports

 4  for reporting under state and federal requirements and other

 5  forms and reports are prepared in a logical and uncomplicated

 6  format, resulting in a reduction in the number and complexity

 7  of required reports, particularly at the school level; and

 8         13.  Initiating such other actions as are necessary to

 9  carry out the intent of the Legislature that a management

10  information system for public school management needs be

11  implemented.  Such other actions shall be based on criteria

12  including, but not limited to:

13         a.  The purpose of the reporting requirement;

14         b.  The origination of the reporting requirement;

15         c.  The date of origin of the reporting requirement;

16  and

17         d.  The date of repeal of the reporting requirement.

18         (b)  The specific responsibilities of each district

19  school system shall include:

20         1.  Establishing, at the district level, a

21  reports-control and forms-control management system committee

22  composed of school administrators and classroom teachers.  The

23  district school board shall appoint school administrator

24  members and classroom teacher members or, in school districts

25  where appropriate, the classroom teacher members shall be

26  appointed by the bargaining agent. Teachers shall constitute a

27  majority of the committee membership. The committee shall

28  periodically recommend procedures to the district school board

29  for eliminating, reducing, revising, and consolidating

30  paperwork and data collection requirements and shall submit to

31  the district school board an annual report of its findings.


                                 872

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         2.  With assistance from the commissioner, developing

 2  systems compatibility between the state management information

 3  system and unique local systems.

 4         3.  Providing, with the assistance of the department,

 5  inservice training dealing with management information system

 6  purposes and scope, a method of transmitting input data, and

 7  the use of output report information.

 8         4.  Establishing a plan for continuous review and

 9  evaluation of local management information system needs and

10  procedures.

11         5.  Advising the commissioner of all district

12  management information needs.

13         6.  Transmitting required data input elements to the

14  appropriate processing locations in accordance with guidelines

15  established by the commissioner.

16         7.  Determining required reports, comparisons, and

17  relationships to be provided to district school systems by the

18  system output reports, continuously reviewing these reports

19  for usefulness and meaningfulness, and submitting recommended

20  additions, deletions, and change requirements in accordance

21  with the guidelines established by the commissioner.

22         8.  Being responsible for the accuracy of all data

23  elements transmitted to the department.

24         (c)  It is the intent of the Legislature that the

25  expertise in the state system of public education, as well as

26  contracted services, be utilized to hasten the plan for full

27  implementation of a comprehensive management information

28  system.

29         (3)  RULES.--The State Board of Education shall adopt

30  rules to administer this section.

31  


                                 873

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 385.  Section 1008.386, Florida Statutes, is

 2  created to read:

 3         1008.386  Social security numbers used as student

 4  identification numbers.--Each district school board shall

 5  request that each student enrolled in a public school in this

 6  state provide his or her social security number. Each school

 7  district shall use social security numbers as student

 8  identification numbers in the management information system

 9  maintained by the school district. However, a student is not

10  required to provide his or her social security number as a

11  condition for enrollment or graduation. A student satisfies

12  this requirement by presenting to school enrollment officials

13  his or her social security card or a copy of the card. The

14  school district shall include the social security number in

15  the student's permanent records and shall indicate if the

16  student identification number is not a social security number.

17  The Commissioner of Education shall provide assistance to

18  school districts to assure that the assignment of student

19  identification numbers other than social security numbers is

20  kept to a minimum and to avoid duplication of any student

21  identification number.

22         Section 386.  Section 1008.39, Florida Statutes, is

23  created to read:

24         1008.39  Florida Education and Training Placement

25  Information Program.--

26         (1)  The Department of Education shall develop and

27  maintain a continuing program of information management named

28  the "Florida Education and Training Placement Information

29  Program," the purpose of which is to compile, maintain, and

30  disseminate information concerning the educational histories,

31  placement and employment, enlistments in the United States


                                 874

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  armed services, and other measures of success of former

 2  participants in state educational and workforce development

 3  programs. Placement and employment information shall contain

 4  data appropriate to calculate job retention and job retention

 5  rates.

 6         (2)  Any project conducted by the Department of

 7  Education or the workforce development system that requires

 8  placement information shall use information provided through

 9  the Florida Education and Training Placement Information

10  Program, and shall not initiate automated matching of records

11  in duplication of methods already in place in the Florida

12  Education and Training Placement Information Program. The

13  department shall implement an automated system which matches

14  the social security numbers of former participants in state

15  educational and training programs with information in the

16  files of state and federal agencies that maintain educational,

17  employment, and United States armed service records and shall

18  implement procedures to identify the occupations of those

19  former participants whose social security numbers are found in

20  employment records, as required by Specific Appropriation

21  337A, chapter 84-220, Laws of Florida; Specific Appropriation

22  337B, chapter 85-119, Laws of Florida; Specific Appropriation

23  350A, chapter 86-167, Laws of Florida; and Specific

24  Appropriation 351, chapter 87-98, Laws of Florida.

25         (3)  The Florida Education and Training Placement

26  Information Program must not make public any information that

27  could identify an individual or the individual's employer. The

28  Department of Education must ensure that the purpose of

29  obtaining placement information is to evaluate and improve

30  public programs or to conduct research for the purpose of

31  improving services to the individuals whose social security


                                 875

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  numbers are used to identify their placement. If an agreement

 2  assures that this purpose will be served and that privacy will

 3  be protected, the Department of Education shall have access to

 4  the unemployment insurance wage reports maintained by the

 5  Agency for Workforce Innovation, the files of the Department

 6  of Children and Family Services that contain information about

 7  the distribution of public assistance, the files of the

 8  Department of Corrections that contain records of

 9  incarcerations, and the files of the Department of Business

10  and Professional Regulation that contain the results of

11  licensure examination.

12         (4)  The Florida Education and Training Placement

13  Information Program may perform longitudinal analyses for all

14  levels of education and workforce development.  These analyses

15  must include employment stability, annual earnings, and

16  relatedness of employment to education.

17         Section 387.  Section 1008.40, Florida Statutes, is

18  created to read: 

19         1008.40  Workforce Development Information System.--The

20  Department of Education shall:

21         (1)  Design specifications for the collection and

22  reporting of data and performance specifications for the

23  Workforce Development Information System. This design must

24  enable parallel reporting and state-level access of workforce

25  data necessary to use the data reports as a basis for

26  calculating funding allocations. In addition, the design must

27  be capable of providing reports necessary to comply with other

28  program performance documentation required by state or federal

29  law, without requiring additional data collection or reporting

30  from local educational agencies.

31  


                                 876

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (2)  Develop the computer programs, software, and edit

 2  processes necessary for local and state users to produce a

 3  single, unified Workforce Development Information System.

 4         Section 388.  Section 1008.405, Florida Statutes, is

 5  created to read:

 6         1008.405  Adult student information.--Each school

 7  district and community college shall maintain sufficient

 8  information for each student enrolled in workforce development

 9  education to allow local and state administrators to locate

10  such student upon the termination of instruction and to

11  determine the appropriateness of student placement in specific

12  instructional programs. The State Board of Education shall

13  adopt, in rule, specific information that must be maintained

14  and acceptable means of maintaining that information.

15         Section 389.  Section 1008.41, Florida Statutes, is

16  created to read: 

17         1008.41  Workforce Development Education; management

18  information system.--

19         (1)  The Commissioner of Education shall coordinate

20  uniform program structures, common definitions, and uniform

21  management information systems for workforce development

22  education for all divisions within the department.  In

23  performing these functions, the commissioner shall designate

24  deadlines after which data elements may not be changed for the

25  coming fiscal or school year. School districts and community

26  colleges shall be notified of data element changes at least 90

27  days prior to the start of the subsequent fiscal or school

28  year.  Such systems must provide for:

29         (a)  Individual student reporting.

30         (b)  Compliance with state and federal confidentiality

31  requirements, except that the department shall have access to


                                 877

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the unemployment insurance wage reports to collect and report

 2  placement information about former students.  Such placement

 3  reports must not disclose the individual identities of former

 4  students.

 5         (c)  Maximum use of automated technology and records in

 6  existing data bases and data systems.  To the extent feasible,

 7  the Florida Information Resource Network shall be employed for

 8  this purpose.

 9         (d)  Annual reports of student enrollment, completion,

10  and placement by program.

11         (2)  The State Board of Education shall identify, by

12  rule, the components to be included in the workforce

13  development education management information system. All such

14  components shall be comparable between school districts and

15  community colleges.

16         (3)  Planning and evaluation of job-preparatory

17  programs shall be based on standard sources of data and use

18  standard occupational definitions and coding structures,

19  including, but not limited to:

20         (a)  The Florida Occupational Information System;

21         (b)  The Florida Education and Training Placement

22  Information Program;

23         (c)  The Agency for Workforce Innovation;

24         (d)  The United States Department of Labor; and

25         (e)  Other sources of data developed using

26  statistically valid procedures.

27         Section 390.  Section 1008.42, Florida Statutes, is

28  created to read: 

29         1008.42  Public information on career and technical

30  education programs.--

31  


                                 878

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (1)  The Department of Education shall disseminate

 2  information derived from the reports required by s. 1008.43.

 3  The department shall ensure that the information disseminated

 4  does not name or otherwise identify a student, a former

 5  student, or the student's employer.

 6         (2)  The dissemination shall be conducted in accordance

 7  with the following procedures:

 8         (a)  Annually, the Department of Education shall

 9  publish the placement rates and average quarterly earnings for

10  students who complete each type of technical certificate

11  program and technical degree program. This information must be

12  aggregated to the state level and must be included in any

13  accountability reports. A program that was created or modified

14  so that placement rates cannot be calculated must be so

15  identified in such reports.

16         (b)1.  Each district school board shall publish, at a

17  minimum, the most recently available placement rate for each

18  technical certificate program conducted by that school

19  district at the secondary school level and at the technical

20  degree level. The placement rates for the preceding 3 years

21  shall be published if available, shall be included in each

22  publication that informs the public of the availability of the

23  program, and shall be made available to each school guidance

24  counselor. If a program does not have a placement rate, a

25  publication that lists or describes that program must state

26  that the rate is unavailable.

27         2.  Each community college shall publish, at a minimum,

28  the most recent placement rate for each technical certificate

29  program and for each technical degree program in its annual

30  catalog. The placement rates for the preceding 3 years shall

31  be published, if available, and shall be included in any


                                 879

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  publication that informs the public of the availability of the

 2  program. If a program does not have a placement rate, the

 3  publication that lists or describes that program must state

 4  that the rate is unavailable.

 5         3.  If a school district or a community college has

 6  calculated for a program a placement rate that differs from

 7  the rate reported by the department, and if each record of a

 8  placement was obtained through a process that was capable of

 9  being audited, procedurally sound, and consistent statewide,

10  the district or the community college may use the locally

11  calculated placement rate in the report required by this

12  section. However, that rate may not be combined with the rate

13  maintained in the computer files of the Department of

14  Education's Florida Education and Training Placement

15  Information Program.

16         4.  An independent career and technical, trade, or

17  business school may not publish a placement rate unless the

18  placement rate was determined as provided by this section.

19         Section 391.  Section 1008.43, Florida Statutes, is

20  created to read: 

21         1008.43  Career and technical program reporting

22  requirements.--

23         (1)(a)  The Department of Education shall develop a

24  system of performance measures in order to evaluate the career

25  and technical education programs as required in s. 1008.42.

26  This system must measure program enrollment, completion rates,

27  placement rates, and amount of earnings at the time of

28  placement. Placement and employment information, where

29  applicable, shall contain data relevant to job retention,

30  including retention rates.  The State Board of Education shall

31  


                                 880

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  adopt by rule the specific measures and any definitions needed

 2  to establish the system of performance measures.

 3         (b)  To measure and report program enrollment and

 4  completion rates, the Department of Education shall use data

 5  in the automated student databases generated by the public

 6  schools and community colleges. To measure and report

 7  placement rates and amount of earnings at the time of

 8  placement, the department shall use data in the reports

 9  produced by the Florida Education and Training Placement

10  Information Program as required in s. 1008.39. If any

11  placement information is not available from the Florida

12  Education and Training Placement Information Program, the

13  school district or the community college may provide placement

14  information collected by the school district or the community

15  college.  However, this supplemental information must be

16  verifiable by the department and must not be commingled with

17  the database maintained by the Florida Education and Training

18  Placement Information Program.  The State Board of Education

19  shall specify by rule the statistically valid, verifiable,

20  uniform procedures by which school districts and community

21  colleges may collect and report placement information to

22  supplement the reports from the Florida Education and Training

23  Placement Information Program.

24         (c)  The State Board of Education shall adopt standards

25  for the department, district school boards, and community

26  college district boards of trustees to use in program

27  planning, program review, and program evaluation. The

28  standards must include, at a minimum, the completion rates,

29  placement rates, and earnings from employment of former

30  students of career and technical education programs.

31  


                                 881

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (2)  The State Board of Education shall adopt

 2  procedures for reviewing the career and technical education

 3  programs administered by the district school boards and the

 4  community college district boards of trustees when program

 5  performance falls below the standards required by this

 6  section.

 7         (3)  Annually the department shall compile the reports

 8  submitted in compliance with the rules adopted under this

 9  section and shall produce a statewide report that addresses

10  the extent to which school districts and community colleges

11  are meeting the standards established under paragraph (1)(c).

12         (4)  The State Board of Education may adopt rules

13  necessary to administer this section.

14         Section 392.  Section 1008.45, Florida Statutes, is

15  created to read: 

16         1008.45  Community college accountability process.--

17         (1)  It is the intent of the Legislature that a

18  management and accountability process be implemented which

19  provides for the systematic, ongoing improvement and

20  assessment of the improvement of the quality and efficiency of

21  the Florida community colleges.  Accordingly, the State Board

22  of Education and the community college boards of trustees

23  shall develop and implement an accountability plan to improve

24  and evaluate the instructional and administrative efficiency

25  and effectiveness of the Florida Community College System.

26  This plan shall be designed in consultation with staff of the

27  Governor and the Legislature and must address the following

28  issues:

29         (a)  Graduation rates of A.A. and A.S. degree-seeking

30  students compared to first-time-enrolled students seeking the

31  associate degree.


                                 882

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  Minority student enrollment and retention rates.

 2         (c)  Student performance, including student performance

 3  in college-level academic skills, mean grade point averages

 4  for community college A.A. transfer students, and community

 5  college student performance on state licensure examinations.

 6         (d)  Job placement rates of community college career

 7  and technical students.

 8         (e)  Student progression by admission status and

 9  program.

10         (f)  Career and technical accountability standards

11  identified in s. 1008.42.

12         (g)  Institutional assessment efforts related to the

13  requirements of s. III in the Criteria for Accreditation of

14  the Commission on Colleges of the Southern Association of

15  Colleges and Schools.

16         (h)  Other measures as identified by the Council for

17  Education Policy Research and Improvement and approved by the

18  State Board of Education.

19         (2)  The State Board of Education shall submit an

20  annual report, to coincide with the submission of the agency

21  strategic plan required by law, providing the results of

22  initiatives taken during the prior year and the initiatives

23  and related objective performance measures proposed for the

24  next year.

25         (3)  The State Board of Education shall address within

26  the annual evaluation of the performance of the executive

27  director, and the community college boards of trustees shall

28  address within the annual evaluation of the presidents, the

29  achievement of the performance goals established by the

30  accountability process.

31  


                                 883

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 393.  Section 1008.46, Florida Statutes, is

 2  created to read: 

 3         1008.46  State university accountability process.--It

 4  is the intent of the Legislature that an accountability

 5  process be implemented that provides for the systematic,

 6  ongoing evaluation of quality and effectiveness of state

 7  universities. It is further the intent of the Legislature that

 8  this accountability process monitor performance at the system

 9  level in each of the major areas of instruction, research, and

10  public service, while recognizing the differing missions of

11  each of the state universities. The accountability process

12  shall provide for the adoption of systemwide performance

13  standards and performance goals for each standard identified

14  through a collaborative effort involving state universities,

15  the Legislature, and the Governor's Office. These standards

16  and goals shall be consistent with s. 216.011(1) to maintain

17  congruity with the performance-based budgeting process.  This

18  process requires that university accountability reports

19  reflect measures defined through performance-based budgeting.

20  The performance-based budgeting measures must also reflect the

21  elements of teaching, research, and service inherent in the

22  missions of the state universities.

23         (1)  By December 31 of each year, the State Board of

24  Education shall submit an annual accountability report

25  providing information on the implementation of performance

26  standards, actions taken to improve university achievement of

27  performance goals, the achievement of performance goals during

28  the prior year, and initiatives to be undertaken during the

29  next year. The accountability reports shall be designed in

30  consultation with the Governor's Office, the Office of Program

31  


                                 884

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Policy Analysis and Government Accountability, and the

 2  Legislature.

 3         (2)  The State Board of Education shall recommend in

 4  the annual accountability report any appropriate modifications

 5  to this section.

 6         Section 394.  Part III of chapter 1008, Florida

 7  Statutes, shall be entitled "Council for Education Policy

 8  Research and Improvement (CEPRI)" and shall consist of s.

 9  1008.51.

10         Section 395.  Section 1008.51, Florida Statutes, is

11  created to read: 

12         1008.51  Council for Education Policy Research and

13  Improvement.--The Council for Education Policy Research and

14  Improvement is created as an independent office under the

15  Office of Legislative Services, pursuant to s. 11.147. The

16  council shall conduct and review education research, provide

17  independent analysis on education progress, and provide

18  independent evaluation of education issues of statewide

19  concern. The Office of Legislative Services shall provide

20  administrative functions of the council, pursuant to joint

21  policies of the Legislature.

22         (1)  The council shall serve as a citizen board for

23  independent policy research and analysis. The council shall be

24  composed of five members appointed by the Governor, two

25  members appointed by the Speaker of the House of

26  Representatives, and two members appointed by the President of

27  the Senate. Each member shall be appointed for a term of 6

28  years. However, for purposes of continuity, the Governor shall

29  appoint two members, the Speaker of the House of

30  Representatives shall appoint one member, and the President of

31  the Senate shall appoint one member for a first term of 4


                                 885

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  years. Members appointed for 4 years may be reappointed to one

 2  additional term. Members shall not include elected officials

 3  or employees of public or independent education entities.

 4  Members who miss two consecutive meetings may be replaced by

 5  the appointing officer.

 6         (2)  The council shall meet as often as it considers

 7  necessary to carry out its duties and responsibilities.

 8  Members shall be paid travel and per diem expenses as provided

 9  in s. 112.061 while performing their duties under this

10  section.

11         (3)  The council shall appoint an executive director,

12  who shall serve at the pleasure of the council and shall

13  perform the duties assigned to him or her by the council. The

14  executive director is the chief administrative officer of the

15  council and shall appoint all employees and staff members of

16  the council, who shall serve under the executive director's

17  direction and control.

18         (4)  The council shall:

19         (a)  Provide state policymakers, educators, and the

20  public with objective and timely information that supports the

21  seamless K-20 education system and the K-20 education

22  accountability process designed to provide all students an

23  opportunity for a high-quality education, in accordance with

24  the policies and guiding principles of s. 1000.02 and the

25  performance accountability system in s. 1008.31.

26         (b)  Explore national and state emerging educational

27  issues and examine how these issues should be addressed by

28  education institutions in Florida.

29         (c)  Prepare and submit to the State Board of Education

30  a long-range master plan for education. The plan must include

31  consideration of the promotion of quality, fundamental


                                 886

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  educational goals, programmatic access, needs for remedial

 2  education, regional and state economic development,

 3  international education programs, demographic patterns,

 4  student demand for programs, needs of particular subgroups of

 5  the population, implementation of innovative educational

 6  techniques and technology, and requirements of the labor

 7  market. The plan must evaluate the capacity of existing

 8  programs in public and independent institutions to respond to

 9  identified needs, and the council shall recommend efficient

10  alternatives to address unmet needs. The council shall update

11  the master plan at least every 5 years.

12         (d)  Prepare and submit for approval by the State Board

13  of Education a long-range performance plan for K-20 education

14  in Florida, and annually review and recommend improvement in

15  the implementation of the plan.

16         (e)  Annually report on the progress of public schools

17  and postsecondary education institutions toward meeting

18  educational goals and standards as defined by s. 1008.31.

19         (f)  Recommend to the Legislature and the State Board

20  of Education legislation and rules for the educational

21  accountability system that support the policies and guiding

22  principles of s. 1000.02.

23         (g)  Recommend to the State Board of Education

24  revisions and new initiatives to further improve the K-20

25  education accountability system.

26         (h)  Provide public education institutions and the

27  public with information on the K-20 education accountability

28  system, recommend refinements and improvements, and evaluate

29  issues pertaining to student learning gains.

30         (i)  On its own initiative or in response to the

31  Governor, the Legislature, the State Board of Education, or


                                 887

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the Commissioner of Education, issue reports and

 2  recommendations on matters relating to any education sector.

 3         (j)  By January 1, 2003, and on a 3-year cycle

 4  thereafter, review and make recommendations to the Legislature

 5  regarding the activities of research centers and institutes

 6  supported with state funds to assess the return on the state's

 7  investment in research conducted by public postsecondary

 8  education institutions, in coordination with the Leadership

 9  Board for Applied Research and Public Service, created

10  pursuant to s. 1004.58.

11         (k)  Apply for and receive grants for the study of K-20

12  education system improvement consistent with its

13  responsibilities.

14         (l)  Assist the State Board of Education in the conduct

15  of its educational responsibilities in such capacities as the

16  board considers appropriate.

17         Section 396.  Chapter 1009, Florida Statutes, shall be

18  entitled "Educational Scholarships, Fees, and Financial

19  Assistance" and shall consist of ss. 1009.01-1009.9994.

20         Section 397.  Part I of chapter 1009, Florida Statutes,

21  shall be entitled "General Provisions" and shall consist of s.

22  1009.01.

23         Section 398.  Section 1009.01, Florida Statutes, is

24  created to read:

25         1009.01  Definitions.--The term:

26         (1)  "Tuition" means the basic fee charged to a student

27  for instruction provided by a public postsecondary educational

28  institution in this state. A charge for any other purpose

29  shall not be included within this fee.

30         (2)  "Out-of-state fee" means the additional fee for

31  instruction provided by a public postsecondary educational


                                 888

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  institution in this state, which fee is charged to a

 2  non-Florida student as defined in rules of the State Board of

 3  Education. A charge for any other purpose shall not be

 4  included within this fee.

 5         Section 399.  Part II of chapter 1009, Florida

 6  Statutes, shall be entitled "Postsecondary Student Fees" and

 7  shall consist of ss. 1009.21-1009.29.

 8         Section 400.  Section 1009.21, Florida Statutes, is

 9  created to read:

10         1009.21  Determination of resident status for tuition

11  purposes.--Students shall be classified as residents or

12  nonresidents for the purpose of assessing tuition in community

13  colleges and state universities.

14         (1)  As used in this section:

15         (a)  The term "dependent child" means any person,

16  whether or not living with his or her parent, who is eligible

17  to be claimed by his or her parent as a dependent under the

18  federal income tax code.

19         (b)  The term "institution of higher education" means

20  any public community college or state university.

21         (c)  A "legal resident" or "resident" is a person who

22  has maintained his or her residence in this state for the

23  preceding year, has purchased a home which is occupied by him

24  or her as his or her residence, or has established a domicile

25  in this state pursuant to s. 222.17.

26         (d)  The term "parent" means the natural or adoptive

27  parent or legal guardian of a dependent child.

28         (e)  A "resident for tuition purposes" is a person who

29  qualifies as provided in subsection (2) for the in-state

30  tuition rate; a "nonresident for tuition purposes" is a person

31  who does not qualify for the in-state tuition rate.


                                 889

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (2)(a)  To qualify as a resident for tuition purposes:

 2         1.  A person or, if that person is a dependent child,

 3  his or her parent or parents must have established legal

 4  residence in this state and must have maintained legal

 5  residence in this state for at least 12 months immediately

 6  prior to his or her qualification.

 7         2.  Every applicant for admission to an institution of

 8  higher education shall be required to make a statement as to

 9  his or her length of residence in the state and, further,

10  shall establish that his or her presence or, if the applicant

11  is a dependent child, the presence of his or her parent or

12  parents in the state currently is, and during the requisite

13  12-month qualifying period was, for the purpose of maintaining

14  a bona fide domicile, rather than for the purpose of

15  maintaining a mere temporary residence or abode incident to

16  enrollment in an institution of higher education.

17         (b)  However, with respect to a dependent child living

18  with an adult relative other than the child's parent, such

19  child may qualify as a resident for tuition purposes if the

20  adult relative is a legal resident who has maintained legal

21  residence in this state for at least 12 months immediately

22  prior to the child's qualification, provided the child has

23  resided continuously with such relative for the 5 years

24  immediately prior to the child's qualification, during which

25  time the adult relative has exercised day-to-day care,

26  supervision, and control of the child.

27         (c)  The legal residence of a dependent child whose

28  parents are divorced, separated, or otherwise living apart

29  will be deemed to be this state if either parent is a legal

30  resident of this state, regardless of which parent is entitled

31  


                                 890

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  to claim, and does in fact claim, the minor as a dependent

 2  pursuant to federal individual income tax provisions.

 3         (3)  An individual shall not be classified as a

 4  resident for tuition purposes and, thus, shall not be eligible

 5  to receive the in-state tuition rate until he or she has

 6  provided such evidence related to legal residence and its

 7  duration as may be required by officials of the institution of

 8  higher education from which he or she seeks the in-state

 9  tuition rate.

10         (4)  With respect to a dependent child, the legal

11  residence of such individual's parent or parents is prima

12  facie evidence of the individual's legal residence, which

13  evidence may be reinforced or rebutted, relative to the age

14  and general circumstances of the individual, by the other

15  evidence of legal residence required of or presented by the

16  individual. However, the legal residence of an individual

17  whose parent or parents are domiciled outside this state is

18  not prima facie evidence of the individual's legal residence

19  if that individual has lived in this state for 5 consecutive

20  years prior to enrolling or reregistering at the institution

21  of higher education at which resident status for tuition

22  purposes is sought.

23         (5)  In making a domiciliary determination related to

24  the classification of a person as a resident or nonresident

25  for tuition purposes, the domicile of a married person,

26  irrespective of sex, shall be determined, as in the case of an

27  unmarried person, by reference to all relevant evidence of

28  domiciliary intent.  For the purposes of this section:

29         (a)  A person shall not be precluded from establishing

30  or maintaining legal residence in this state and subsequently

31  qualifying or continuing to qualify as a resident for tuition


                                 891

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  purposes solely by reason of marriage to a person domiciled

 2  outside this state, even when that person's spouse continues

 3  to be domiciled outside of this state, provided such person

 4  maintains his or her legal residence in this state.

 5         (b)  A person shall not be deemed to have established

 6  or maintained a legal residence in this state and subsequently

 7  to have qualified or continued to qualify as a resident for

 8  tuition purposes solely by reason of marriage to a person

 9  domiciled in this state.

10         (c)  In determining the domicile of a married person,

11  irrespective of sex, the fact of the marriage and the place of

12  domicile of such person's spouse shall be deemed relevant

13  evidence to be considered in ascertaining domiciliary intent.

14         (6)  Any nonresident person, irrespective of sex, who

15  marries a legal resident of this state or marries a person who

16  later becomes a legal resident may, upon becoming a legal

17  resident of this state, accede to the benefit of the spouse's

18  immediately precedent duration as a legal resident for

19  purposes of satisfying the 12-month durational requirement of

20  this section.

21         (7)  A person shall not lose his or her resident status

22  for tuition purposes solely by reason of serving, or, if such

23  person is a dependent child, by reason of his or her parent's

24  or parents' serving, in the Armed Forces outside this state.

25         (8)  A person who has been properly classified as a

26  resident for tuition purposes but who, while enrolled in an

27  institution of higher education in this state, loses his or

28  her resident tuition status because the person or, if he or

29  she is a dependent child, the person's parent or parents

30  establish domicile or legal residence elsewhere shall continue

31  to enjoy the in-state tuition rate for a statutory grace


                                 892

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  period, which period shall be measured from the date on which

 2  the circumstances arose that culminated in the loss of

 3  resident tuition status and shall continue for 12 months.

 4  However, if the 12-month grace period ends during a semester

 5  or academic term for which such former resident is enrolled,

 6  such grace period shall be extended to the end of that

 7  semester or academic term.

 8         (9)  Any person who ceases to be enrolled at or who

 9  graduates from an institution of higher education while

10  classified as a resident for tuition purposes and who

11  subsequently abandons his or her domicile in this state shall

12  be permitted to reenroll at an institution of higher education

13  in this state as a resident for tuition purposes without the

14  necessity of meeting the 12-month durational requirement of

15  this section if that person has reestablished his or her

16  domicile in this state within 12 months of such abandonment

17  and continuously maintains the reestablished domicile during

18  the period of enrollment. The benefit of this subsection shall

19  not be accorded more than once to any one person.

20         (10)  The following persons shall be classified as

21  residents for tuition purposes:

22         (a)  Active duty members of the Armed Services of the

23  United States residing or stationed in this state, their

24  spouses, and dependent children.

25         (b)  Active duty members of the Armed Services of the

26  United States and their spouses attending a public community

27  college or state university within 50 miles of the military

28  establishment where they are stationed, if such military

29  establishment is within a county contiguous to Florida.

30         (c)  United States citizens living on the Isthmus of

31  Panama, who have completed 12 consecutive months of college


                                 893

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  work at the Florida State University Panama Canal Branch, and

 2  their spouses and dependent children.

 3         (d)  Full-time instructional and administrative

 4  personnel employed by state public schools, community

 5  colleges, and institutions of higher education, as defined in

 6  s. 1000.04, and their spouses and dependent children.

 7         (e)  Students from Latin America and the Caribbean who

 8  receive scholarships from the federal or state government.

 9  Any student classified pursuant to this paragraph shall

10  attend, on a full-time basis, a Florida institution of higher

11  education.

12         (f)  Southern Regional Education Board's Academic

13  Common Market graduate students attending Florida's state

14  universities.

15         (g)  Full-time employees of state agencies or political

16  subdivisions of the state when the student fees are paid by

17  the state agency or political subdivision for the purpose of

18  job-related law enforcement or corrections training.

19         (h)  McKnight Doctoral Fellows and Finalists who are

20  United States citizens.

21         (i)  United States citizens living outside the United

22  States who are teaching at a Department of Defense Dependent

23  School or in an American International School and who enroll

24  in a graduate level education program which leads to a Florida

25  teaching certificate.

26         (j)  Active duty members of the Canadian military

27  residing or stationed in this state under the North American

28  Air Defense (NORAD) agreement, and their spouses and dependent

29  children, attending a community college or state university

30  within 50 miles of the military establishment where they are

31  stationed.


                                 894

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (11)  The State Board of Education shall by rule

 2  designate classifications of students as residents or

 3  nonresidents for tuition purposes at community colleges and

 4  state universities.

 5         Section 401.  Section 1009.22, Florida Statutes, is

 6  created to read:

 7         1009.22  Workforce development postsecondary student

 8  fees.--

 9         (1)  This section applies to students enrolled in

10  workforce development programs who are reported for funding

11  through the Workforce Development Education Fund, except that

12  college credit fees for the community colleges are governed by

13  s. 1009.23.

14         (2)  All students shall be charged fees except students

15  who are exempt from fees or students whose fees are waived.

16         (3)(a)  The Commissioner of Education shall provide to

17  the State Board of Education no later than December 31 of each

18  year a schedule of fees for workforce development education,

19  excluding continuing workforce education, for school districts

20  and community colleges. The fee schedule shall be based on the

21  amount of student fees necessary to produce 25 percent of the

22  prior year's average cost of a course of study leading to a

23  certificate or diploma. Except as otherwise provided by law,

24  fees for students who are not residents for tuition purposes

25  must offset the full cost of instruction. Fee-nonexempt

26  students enrolled in vocational-preparatory instruction shall

27  be charged fees equal to the fees charged for certificate

28  career education instruction. Each community college that

29  conducts college-preparatory and vocational-preparatory

30  instruction in the same class section may charge a single fee

31  for both types of instruction.


                                 895

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  Fees for continuing workforce education shall be

 2  locally determined by the district school board or community

 3  college board. However, at least 50 percent of the

 4  expenditures for the continuing workforce education program

 5  provided by the community college or school district must be

 6  derived from fees.

 7         (c)  The State Board of Education shall adopt a fee

 8  schedule for school districts and community colleges that

 9  produces the fee revenues calculated pursuant to paragraph

10  (a). The schedule so calculated shall take effect, unless

11  otherwise specified in the General Appropriations Act.

12         (d)  The State Board of Education shall adopt, by rule,

13  the definitions and procedures that district school boards

14  shall use in the calculation of cost borne by students.

15         (4)  A district school board or community college board

16  that has a service area that borders another state may

17  implement a plan for a differential out-of-state fee.

18         (5)  Each district school board and community college

19  board of trustees may establish a separate fee for financial

20  aid purposes in an additional amount of up to 10 percent of

21  the student fees collected for workforce development programs

22  funded through the Workforce Development Education Fund. All

23  fees collected shall be deposited into a separate workforce

24  development student financial aid fee trust fund of the school

25  district or community college to support students enrolled in

26  workforce development programs. Any undisbursed balance

27  remaining in the trust fund and interest income accruing to

28  investments from the trust fund shall increase the total funds

29  available for distribution to workforce development education

30  students. Awards shall be based on student financial need and

31  distributed in accordance with a nationally recognized system


                                 896

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  of need analysis approved by the State Board of Education.

 2  Fees collected pursuant to this subsection shall be allocated

 3  in an expeditious manner.

 4         (6)  Each district school board and community college

 5  board of trustees may establish a separate fee for capital

 6  improvements, technology enhancements, or equipping buildings

 7  which may not exceed 5 percent of tuition for resident

 8  students or 5 percent of tuition and out-of-state fees for

 9  nonresident students. Funds collected by community colleges

10  through these fees may be bonded only for the purpose of

11  financing or refinancing new construction and equipment,

12  renovation, or remodeling of educational facilities. The fee

13  shall be collected as a component part of the tuition and

14  fees, paid into a separate account, and expended only to

15  construct and equip, maintain, improve, or enhance the

16  certificate career education or adult education facilities of

17  the school district or community college. Projects funded

18  through the use of the capital improvement fee must meet the

19  survey and construction requirements of chapter 1013. Pursuant

20  to s. 216.0158, each district school board and community

21  college board of trustees shall identify each project,

22  including maintenance projects, proposed to be funded in whole

23  or in part by such fee. Capital improvement fee revenues may

24  be pledged by a board of trustees as a dedicated revenue

25  source to the repayment of debt, including lease-purchase

26  agreements and revenue bonds, with a term not to exceed 20

27  years, and not to exceed the useful life of the asset being

28  financed, only for the new construction and equipment,

29  renovation, or remodeling of educational facilities. Community

30  colleges may use the services of the Division of Bond Finance

31  of the State Board of Administration to issue any bonds


                                 897

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  authorized through the provisions of this subsection. Any such

 2  bonds issued by the Division of Bond Finance shall be in

 3  compliance with the provisions of the State Bond Act. Bonds

 4  issued pursuant to the State Bond Act shall be validated in

 5  the manner provided by chapter 75. The complaint for such

 6  validation shall be filed in the circuit court of the county

 7  where the seat of state government is situated, the notice

 8  required to be published by s. 75.06 shall be published only

 9  in the county where the complaint is filed, and the complaint

10  and order of the circuit court shall be served only on the

11  state attorney of the circuit in which the action is pending.

12  A maximum of 15 cents per credit hour may be allocated from

13  the capital improvement fee for child care centers conducted

14  by the district school board or community college board of

15  trustees.

16         (7)  Each district school board and community college

17  board of trustees is authorized to establish a separate fee

18  for technology, not to exceed $1.80 per credit hour or

19  credit-hour equivalent for resident students and not more than

20  $5.40 per credit hour or credit-hour equivalent for

21  nonresident students, or the equivalent, to be expended in

22  accordance with technology improvement plans. The technology

23  fee may apply only to associate degree programs and courses.

24  Fifty percent of technology fee revenues may be pledged by a

25  community college board of trustees as a dedicated revenue

26  source for the repayment of debt, including lease-purchase

27  agreements, not to exceed the useful life of the asset being

28  financed. Revenues generated from the technology fee may not

29  be bonded.

30         (8)  Each district school board and community college

31  board of trustees is authorized to establish specific fees for


                                 898

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  workforce development instruction not reported for state

 2  funding purposes or for workforce development instruction not

 3  reported as state funded full-time equivalent students.

 4  District school boards and community college boards of

 5  trustees are not required to charge any other fee specified in

 6  this section for this type of instruction.

 7         (9)  Community college boards of trustees and district

 8  school boards are not authorized to charge students enrolled

 9  in workforce development programs any fee that is not

10  specifically authorized by statute. In addition to tuition,

11  out-of-state, financial aid, capital improvement, and

12  technology fees, as authorized in this section, community

13  college boards of trustees and district school boards are

14  authorized to establish fee schedules for the following user

15  fees and fines: laboratory fees; parking fees and fines;

16  library fees and fines; fees and fines relating to facilities

17  and equipment use or damage; access or identification card

18  fees; duplicating, photocopying, binding, or microfilming

19  fees; standardized testing fees; diploma replacement fees;

20  transcript fees; application fees; graduation fees; and late

21  fees related to registration and payment. Such user fees and

22  fines shall not exceed the cost of the services provided and

23  shall only be charged to persons receiving the service.

24  Parking fee revenues may be pledged by a community college

25  board of trustees as a dedicated revenue source for the

26  repayment of debt, including lease-purchase agreements and

27  revenue bonds with terms not exceeding 20 years and not

28  exceeding the useful life of the asset being financed.

29  Community colleges shall use the services of the Division of

30  Bond Finance of the State Board of Administration to issue any

31  revenue bonds authorized by the provisions of this subsection.


                                 899

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Any such bonds issued by the Division of Bond Finance shall be

 2  in compliance with the provisions of the State Bond Act. Bonds

 3  issued pursuant to the State Bond Act shall be validated in

 4  the manner established in chapter 75. The complaint for such

 5  validation shall be filed in the circuit court of the county

 6  where the seat of state government is situated, the notice

 7  required to be published by s. 75.06 shall be published only

 8  in the county where the complaint is filed, and the complaint

 9  and order of the circuit court shall be served only on the

10  state attorney of the circuit in which the action is pending.

11         (10)  Each year the State Board of Education shall

12  review and evaluate the percentage of the cost of adult

13  programs and certificate career education programs supported

14  through student fees. For students who are residents for

15  tuition purposes, the schedule adopted pursuant to subsection

16  (3) must produce revenues equal to 25 percent of the prior

17  year's average program cost for college-preparatory and

18  certificate-level workforce development programs. Fees for

19  continuing workforce education shall be locally determined by

20  the district school board or community college board. However,

21  at least 50 percent of the expenditures for the continuing

22  workforce education program provided by the community college

23  or school district must be derived from fees. Except as

24  otherwise provided by law, fees for students who are not

25  residents for tuition purposes must offset the full cost of

26  instruction.

27         (11)  Each school district and community college may

28  assess a service charge for the payment of tuition and fees in

29  installments. Such service charge must be approved by the

30  district school board or community college board of trustees.

31  


                                 900

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (12)  Any school district or community college that

 2  reports students who have not paid fees in an approved manner

 3  in calculations of full-time equivalent enrollments for state

 4  funding purposes shall be penalized at a rate equal to 2 times

 5  the value of such enrollments. Such penalty shall be charged

 6  against the following year's allocation from the Florida

 7  Workforce Development Education Fund or the Community College

 8  Program Fund and shall revert to the General Revenue Fund.

 9  The State Board of Education shall specify, in rule, approved

10  methods of student fee payment.  Such methods must include,

11  but need not be limited to, student fee payment; payment

12  through federal, state, or institutional financial aid; and

13  employer fee payments.

14         (13)  Each school district and community college shall

15  report only those students who have actually enrolled in

16  instruction provided or supervised by instructional personnel

17  under contract with the district or community college in

18  calculations of actual full-time enrollments for state funding

19  purposes.  A student who has been exempted from taking a

20  course or who has been granted academic or technical credit

21  through means other than actual coursework completed at the

22  granting institution may not be calculated for enrollment in

23  the course from which the student has been exempted or for

24  which the student has been granted credit. School districts

25  and community colleges that report enrollments in violation of

26  this subsection shall be penalized at a rate equal to 2 times

27  the value of such enrollments. Such penalty shall be charged

28  against the following year's allocation from the Workforce

29  Development Education Fund and shall revert to the General

30  Revenue Fund.

31  


                                 901

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 402.  Section 1009.23, Florida Statutes, is

 2  created to read:

 3         1009.23  Community college student fees.--

 4         (1)  Unless otherwise provided, the provisions of this

 5  section apply only to fees charged for college credit

 6  instruction leading to an associate in arts degree, an

 7  associate in applied science degree, or an associate in

 8  science degree and noncollege credit college-preparatory

 9  courses defined in s. 1004.02.

10         (2)  All students shall be charged fees except students

11  who are exempt from fees or students whose fees are waived.

12         (3)  The State Board of Education shall adopt by

13  December 31 of each year a resident fee schedule for the

14  following fall for advanced and professional, associate in

15  science degree, and college-preparatory programs that produce

16  revenues in the amount of 25 percent of the full prior year's

17  cost of these programs. Fees for courses in

18  college-preparatory programs and associate in arts and

19  associate in science degree programs may be established at the

20  same level. In the absence of a provision to the contrary in

21  an appropriations act, the fee schedule shall take effect and

22  the colleges shall expend the funds on instruction.  If the

23  Legislature provides for an alternative fee schedule in an

24  appropriations act, the fee schedule shall take effect the

25  subsequent fall semester.

26         (4)  Each community college board of trustees shall

27  establish tuition and out-of-state fees, which may vary no

28  more than 10 percent below and 15 percent above the combined

29  total of the fee schedule adopted by the State Board of

30  Education and the technology fee adopted by a board of

31  trustees, provided that any amount from 10 to 15 percent above


                                 902

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the fee schedule is used only to support safety and security

 2  purposes. In order to assess an additional amount for safety

 3  and security purposes, a community college board of trustees

 4  must provide written justification to the State Board of

 5  Education based on criteria approved by the board of trustees,

 6  including, but not limited to, criteria such as local crime

 7  data and information, and strategies for the implementation of

 8  local safety plans. Should a college decide to increase the

 9  tuition fee, the funds raised by increasing the tuition fee

10  must be expended solely for additional safety and security

11  purposes and shall not supplant funding expended in the

12  1998-1999 budget for safety and security purposes.

13         (5)  Except as otherwise provided in law, the sum of

14  nonresident student tuition and out-of-state fees must be

15  sufficient to defray the full cost of each program.

16         (6)  A community college board of trustees that has a

17  service area that borders another state may implement a plan

18  for a differential out-of-state fee.

19         (7)  Each community college board of trustees may

20  establish a separate activity and service fee not to exceed 10

21  percent of the tuition fee, according to rules of the State

22  Board of Education. The student activity and service fee shall

23  be collected as a component part of the tuition and fees. The

24  student activity and service fees shall be paid into a student

25  activity and service fund at the community college and shall

26  be expended for lawful purposes to benefit the student body in

27  general. These purposes include, but are not limited to,

28  student publications and grants to duly recognized student

29  organizations, the membership of which is open to all students

30  at the community college without regard to race, sex, or

31  religion.


                                 903

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (8)(a)  Each community college board of trustees is

 2  authorized to establish a separate fee for financial aid

 3  purposes in an additional amount up to, but not to exceed, 5

 4  percent of the total student tuition or out-of-state fees

 5  collected.  Each community college board of trustees may

 6  collect up to an additional 2 percent if the amount generated

 7  by the total financial aid fee is less than $250,000. If the

 8  amount generated is less than $250,000, a community college

 9  that charges tuition and out-of-state fees at least equal to

10  the average fees established by rule may transfer from the

11  general current fund to the scholarship fund an amount equal

12  to the difference between $250,000 and the amount generated by

13  the total financial aid fee assessment. No other transfer from

14  the general current fund to the loan, endowment, or

15  scholarship fund, by whatever name known, is authorized.

16         (b)  All funds collected under this program shall be

17  placed in the loan and endowment fund or scholarship fund of

18  the college, by whatever name known. Such funds shall be

19  disbursed to students as quickly as possible.  An amount not

20  greater than 40 percent of the fees collected in a fiscal year

21  may be carried forward unexpended to the following fiscal

22  year.  However, funds collected prior to July 1, 1989, and

23  placed in an endowment fund may not be considered part of the

24  balance of funds carried forward unexpended to the following

25  fiscal year.

26         (c)  Up to 25 percent or $300,000, whichever is

27  greater, of the financial aid fees collected may be used to

28  assist students who demonstrate academic merit; who

29  participate in athletics, public service, cultural arts, and

30  other extracurricular programs as determined by the

31  institution; or who are identified as members of a targeted


                                 904

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  gender or ethnic minority population. The financial aid fee

 2  revenues allocated for athletic scholarships and fee

 3  exemptions provided pursuant to s. 1009.25(3) for athletes

 4  shall be distributed equitably as required by s.

 5  1000.05(3)(d). A minimum of 75 percent of the balance of these

 6  funds for new awards shall be used to provide financial aid

 7  based on absolute need, and the remainder of the funds shall

 8  be used for academic merit purposes and other purposes

 9  approved by the boards of trustees. Such other purposes shall

10  include the payment of child care fees for students with

11  financial need. The State Board of Education shall develop

12  criteria for making financial aid awards. Each college shall

13  report annually to the Department of Education on the revenue

14  collected pursuant to this paragraph, the amount carried

15  forward, the criteria used to make awards, the amount and

16  number of awards for each criterion, and a delineation of the

17  distribution of such awards. The report shall include an

18  assessment by category of the financial need of every student

19  who receives an award, regardless of the purpose for which the

20  award is received. Awards which are based on financial need

21  shall be distributed in accordance with a nationally

22  recognized system of need analysis approved by the State Board

23  of Education. An award for academic merit shall require a

24  minimum overall grade point average of 3.0 on a 4.0 scale or

25  the equivalent for both initial receipt of the award and

26  renewal of the award.

27         (d)  These funds may not be used for direct or indirect

28  administrative purposes or salaries.

29         (9)  Any community college that reports students who

30  have not paid fees in an approved manner in calculations of

31  full-time equivalent enrollments for state funding purposes


                                 905

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  shall be penalized at a rate equal to two times the value of

 2  such enrollments.  Such penalty shall be charged against the

 3  following year's allocation from the Community College Program

 4  Fund and shall revert to the General Revenue Fund.

 5         (10)  Each community college board of trustees is

 6  authorized to establish a separate fee for technology, which

 7  may not exceed $1.80 per credit hour or credit-hour equivalent

 8  for resident students and not more than $5.40 per credit hour

 9  or credit-hour equivalent for nonresident students, to be

10  expended according to technology improvement plans. The

11  technology fee may apply to both college credit and

12  college-preparatory instruction. Fifty percent of technology

13  fee revenues may be pledged by a community college board of

14  trustees as a dedicated revenue source for the repayment of

15  debt, including lease-purchase agreements, not to exceed the

16  useful life of the asset being financed. Revenues generated

17  from the technology fee may not be bonded.

18         (11)  Each community college board of trustees may

19  establish a separate fee for capital improvements, technology

20  enhancements, or equipping student buildings which may not

21  exceed $1 per credit hour or credit-hour equivalent for

22  residents and which equals or exceeds $3 per credit hour for

23  nonresidents. Funds collected by community colleges through

24  these fees may be bonded only for the purpose of financing or

25  refinancing new construction and equipment, renovation, or

26  remodeling of educational facilities. The fee shall be

27  collected as a component part of the tuition and fees, paid

28  into a separate account, and expended only to construct and

29  equip, maintain, improve, or enhance the educational

30  facilities of the community college. Projects funded through

31  the use of the capital improvement fee shall meet the survey


                                 906

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  and construction requirements of chapter 1013. Pursuant to s.

 2  216.0158, each community college shall identify each project,

 3  including maintenance projects, proposed to be funded in whole

 4  or in part by such fee. Capital improvement fee revenues may

 5  be pledged by a board of trustees as a dedicated revenue

 6  source to the repayment of debt, including lease-purchase

 7  agreements and revenue bonds, with a term not to exceed 20

 8  years, and not to exceed the useful life of the asset being

 9  financed, only for the new construction and equipment,

10  renovation, or remodeling of educational facilities. Community

11  colleges may use the services of the Division of Bond Finance

12  of the State Board of Administration to issue any bonds

13  authorized through the provisions of this subsection. Any such

14  bonds issued by the Division of Bond Finance shall be in

15  compliance with the provisions of the State Bond Act. Bonds

16  issued pursuant to the State Bond Act shall be validated in

17  the manner provided by chapter 75. The complaint for such

18  validation shall be filed in the circuit court of the county

19  where the seat of state government is situated, the notice

20  required to be published by s. 75.06 shall be published only

21  in the county where the complaint is filed, and the complaint

22  and order of the circuit court shall be served only on the

23  state attorney of the circuit in which the action is pending.

24  A maximum of 15 cents per credit hour may be allocated from

25  the capital improvement fee for child care centers conducted

26  by the community college.

27         (12)  In addition to tuition, out-of-state, financial

28  aid, capital improvement, student activity and service, and

29  technology fees authorized in this section, each community

30  college board of trustees is authorized to establish fee

31  schedules for the following user fees and fines: laboratory


                                 907

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  fees; parking fees and fines; library fees and fines; fees and

 2  fines relating to facilities and equipment use or damage;

 3  access or identification card fees; duplicating, photocopying,

 4  binding, or microfilming fees; standardized testing fees;

 5  diploma replacement fees; transcript fees; application fees;

 6  graduation fees; and late fees related to registration and

 7  payment. Such user fees and fines shall not exceed the cost of

 8  the services provided and shall only be charged to persons

 9  receiving the service. A community college may not charge any

10  fee except as authorized by law or rules of the State Board of

11  Education. Parking fee revenues may be pledged by a community

12  college board of trustees as a dedicated revenue source for

13  the repayment of debt, including lease-purchase agreements and

14  revenue bonds with terms not exceeding 20 years and not

15  exceeding the useful life of the asset being financed.

16  Community colleges shall use the services of the Division of

17  Bond Finance of the State Board of Administration to issue any

18  revenue bonds authorized by the provisions of this subsection.

19  Any such bonds issued by the Division of Bond Finance shall be

20  in compliance with the provisions of the State Bond Act. Bonds

21  issued pursuant to the State Bond Act shall be validated in

22  the manner established in chapter 75. The complaint for such

23  validation shall be filed in the circuit court of the county

24  where the seat of state government is situated, the notice

25  required to be published by s. 75.06 shall be published only

26  in the county where the complaint is filed, and the complaint

27  and order of the circuit court shall be served only on the

28  state attorney of the circuit in which the action is pending.

29         (13)  The State Board of Education shall specify, as

30  necessary, by rule, approved methods of student fee payment.

31  Such methods shall include, but not be limited to, student fee


                                 908

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  payment; payment through federal, state, or institutional

 2  financial aid; and employer fee payments.

 3         (14)  Each community college board of trustees shall

 4  report only those students who have actually enrolled in

 5  instruction provided or supervised by instructional personnel

 6  under contract with the community college in calculations of

 7  actual full-time equivalent enrollments for state funding

 8  purposes.  No student who has been exempted from taking a

 9  course or who has been granted academic or technical credit

10  through means other than actual coursework completed at the

11  granting institution shall be calculated for enrollment in the

12  course from which he or she has been exempted or granted

13  credit. Community colleges that report enrollments in

14  violation of this subsection shall be penalized at a rate

15  equal to two times the value of such enrollments. Such penalty

16  shall be charged against the following year's allocation from

17  the Community College Program Fund and shall revert to the

18  General Revenue Fund.

19         (15)  Each community college may assess a service

20  charge for the payment of tuition and fees in installments.

21  Such service charge must be approved by the community college

22  board of trustees.

23         (16)  The State Board of Education shall adopt a rule

24  specifying the definitions and procedures to be used in the

25  calculation of the percentage of cost paid by students. The

26  rule must provide for the calculation of the full cost of

27  educational programs based on the allocation of all funds

28  provided through the general current fund to programs of

29  instruction, and other activities as provided in the annual

30  expenditure analysis. The rule shall be developed in

31  consultation with the Legislature.


                                 909

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 403.  Section 1009.24, Florida Statutes, is

 2  created to read:

 3         1009.24  State university student fees.--

 4         (1)  This section applies to students enrolled in

 5  college credit programs at state universities.

 6         (2)  All students shall be charged fees except students

 7  who are exempt from fees or students whose fees are waived.

 8         (3)  Within proviso in the General Appropriations Act

 9  and law, each board of trustees shall set university tuition

10  and fees. The sum of the activity and service, health, and

11  athletic fees a student is required to pay to register for a

12  course shall not exceed 40 percent of the tuition established

13  in law or in the General Appropriations Act. No university

14  shall be required to lower any fee in effect on the effective

15  date of this act in order to comply with this subsection.

16  Within the 40 percent cap, universities may not increase the

17  aggregate sum of activity and service, health, and athletic

18  fees more than 5 percent per year unless specifically

19  authorized in law or in the General Appropriations Act. This

20  subsection does not prohibit a university from increasing or

21  assessing optional fees related to specific activities if

22  payment of such fees is not required as a part of registration

23  for courses.

24         (4)  A university that has a service area that borders

25  another state may implement a plan for a differential

26  out-of-state fee.

27         (5)  Students who are enrolled in Programs in Medical

28  Sciences are considered graduate students for the purpose of

29  enrollment and student fees.

30         (6)  A university board of trustees is authorized to

31  collect for financial aid purposes an amount not to exceed 5


                                 910

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  percent of the tuition and out-of-state fee. The revenues from

 2  fees are to remain at each campus and replace existing

 3  financial aid fees. Such funds shall be disbursed to students

 4  as quickly as possible. A minimum of 75 percent of funds from

 5  the student financial aid fee for new financial aid awards

 6  shall be used to provide financial aid based on absolute need.

 7  A student who has received an award prior to July 1, 1984,

 8  shall have his or her eligibility assessed on the same

 9  criteria that were used at the time of his or her original

10  award. The State Board of Education shall develop criteria for

11  making financial aid awards. Each university shall report

12  annually to the Department of Education on the revenue

13  collected pursuant to this subsection, the amount carried

14  forward, the criteria used to make awards, the amount and

15  number of awards for each criterion, and a delineation of the

16  distribution of such awards.  The report shall include an

17  assessment by category of the financial need of every student

18  who receives an award, regardless of the purpose for which the

19  award is received. Awards which are based on financial need

20  shall be distributed in accordance with a nationally

21  recognized system of need analysis approved by the State Board

22  of Education. An award for academic merit shall require a

23  minimum overall grade point average of 3.0 on a 4.0 scale or

24  the equivalent for both initial receipt of the award and

25  renewal of the award.

26         (7)  The Capital Improvement Trust Fund fee is

27  established as $2.44 per credit hour per semester. The

28  building fee is established as $2.32 per credit hour per

29  semester.

30         (8)  Each university board of trustees is authorized to

31  establish separate activity and service, health, and athletic


                                 911

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  fees. When duly established, the fees shall be collected as

 2  component parts of tuition and fees and shall be retained by

 3  the university and paid into the separate activity and

 4  service, health, and athletic funds.

 5         (9)(a)  Each university board of trustees shall

 6  establish a student activity and service fee on the main

 7  campus of the university. The university board may also

 8  establish a student activity and service fee on any branch

 9  campus or center. Any subsequent increase in the activity and

10  service fee must be recommended by an activity and service fee

11  committee, at least one-half of whom are students appointed by

12  the student body president. The remainder of the committee

13  shall be appointed by the university president. A chairperson,

14  appointed jointly by the university president and the student

15  body president, shall vote only in the case of a tie. The

16  recommendations of the committee shall take effect only after

17  approval by the university president, after consultation with

18  the student body president, with final approval by the

19  university board of trustees. An increase in the activity and

20  service fee may occur only once each fiscal year and must be

21  implemented beginning with the fall term. The State Board of

22  Education is responsible for promulgating the rules and

23  timetables necessary to implement this fee.

24         (b)  The student activity and service fees shall be

25  expended for lawful purposes to benefit the student body in

26  general. This shall include, but shall not be limited to,

27  student publications and grants to duly recognized student

28  organizations, the membership of which is open to all students

29  at the university without regard to race, sex, or religion.

30  The fund may not benefit activities for which an admission fee

31  is charged to students, except for


                                 912

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  student-government-association-sponsored concerts. The

 2  allocation and expenditure of the fund shall be determined by

 3  the student government association of the university, except

 4  that the president of the university may veto any line item or

 5  portion thereof within the budget when submitted by the

 6  student government association legislative body. The

 7  university president shall have 15 school days from the date

 8  of presentation of the budget to act on the allocation and

 9  expenditure recommendations, which shall be deemed approved if

10  no action is taken within the 15 school days. If any line item

11  or portion thereof within the budget is vetoed, the student

12  government association legislative body shall within 15 school

13  days make new budget recommendations for expenditure of the

14  vetoed portion of the fund. If the university president vetoes

15  any line item or portion thereof within the new budget

16  revisions, the university president may reallocate by line

17  item that vetoed portion to bond obligations guaranteed by

18  activity and service fees. Unexpended funds and undisbursed

19  funds remaining at the end of a fiscal year shall be carried

20  over and remain in the student activity and service fund and

21  be available for allocation and expenditure during the next

22  fiscal year.

23         (10)  Each university board of trustees shall establish

24  a student health fee on the main campus of the university. The

25  university board of trustees may also establish a student

26  health fee on any branch campus or center. Any subsequent

27  increase in the health fee must be recommended by a health

28  committee, at least one-half of whom are students appointed by

29  the student body president. The remainder of the committee

30  shall be appointed by the university president. A chairperson,

31  appointed jointly by the university president and the student


                                 913

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  body president, shall vote only in the case of a tie. The

 2  recommendations of the committee shall take effect only after

 3  approval by the university president, after consultation with

 4  the student body president, with final approval by the

 5  university board of trustees. An increase in the health fee

 6  may occur only once each fiscal year and must be implemented

 7  beginning with the fall term. The State Board of Education is

 8  responsible for promulgating the rules and timetables

 9  necessary to implement this fee.

10         (11)  Each university board of trustees shall establish

11  a separate athletic fee on the main campus of the university.

12  The university board may also establish a separate athletic

13  fee on any branch campus or center. Any subsequent increase in

14  the athletic fee must be recommended by an athletic fee

15  committee, at least one-half of whom are students appointed by

16  the student body president. The remainder of the committee

17  shall be appointed by the university president. A chairperson,

18  appointed jointly by the university president and the student

19  body president, shall vote only in the case of a tie. The

20  recommendations of the committee shall take effect only after

21  approval by the university president, after consultation with

22  the student body president, with final approval by the

23  university board of trustees. An increase in the athletic fee

24  may occur only once each fiscal year and must be implemented

25  beginning with the fall term. The State Board of Education is

26  responsible for promulgating the rules and timetables

27  necessary to implement this fee.

28         (12)  Each university board of trustees is authorized

29  to establish the following fees:

30         (a)  A nonrefundable application fee in an amount not

31  to exceed $30.


                                 914

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  An orientation fee in an amount not to exceed $35.

 2         (c)  A fee for security, access, or identification

 3  cards. The annual fee for such a card may not exceed $10 per

 4  card. The maximum amount charged for a replacement card may

 5  not exceed $15.

 6         (d)  Registration fees for audit and zero-hours

 7  registration; a service charge, which may not exceed $15, for

 8  the payment of tuition in installments; and a

 9  late-registration fee in an amount not less than $50 nor more

10  than $100 to be imposed on students who fail to initiate

11  registration during the regular registration period.

12         (e)  A late-payment fee in an amount not less than $50

13  nor more than $100 to be imposed on students who fail to pay

14  or fail to make appropriate arrangements to pay (by means of

15  installment payment, deferment, or third-party billing)

16  tuition by the deadline set by each university. Each

17  university may adopt specific procedures or policies for

18  waiving the late-payment fee for minor underpayments.

19         (f)  A fee for miscellaneous health-related charges for

20  services provided at cost by the university health center

21  which are not covered by the health fee set under subsection

22  (10).

23         (g)  Materials and supplies fees to offset the cost of

24  materials or supplies that are consumed in the course of the

25  student's instructional activities, excluding the cost of

26  equipment replacement, repairs, and maintenance.

27         (h)  Housing rental rates and miscellaneous housing

28  charges for services provided by the university at the request

29  of the student.

30         (i)  A charge representing the reasonable cost of

31  efforts to collect payment of overdue accounts.


                                 915

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (j)  A service charge on university loans in lieu of

 2  interest and administrative handling charges.

 3         (k)  A fee for off-campus course offerings when the

 4  location results in specific, identifiable increased costs to

 5  the university.

 6         (l)  Library fees and fines, including charges for

 7  damaged and lost library materials, overdue reserve library

 8  books, interlibrary loans, and literature searches.

 9         (m)  Fees relating to duplicating, photocopying,

10  binding, and microfilming; copyright services; and

11  standardized testing. These fees may be charged only to those

12  who receive the services.

13         (n)  Fees and fines relating to the use, late return,

14  and loss and damage of facilities and equipment.

15         (o)  A returned-check fee as authorized by s. 832.07(1)

16  for unpaid checks returned to the university.

17         (p)  Traffic and parking fines, charges for parking

18  decals, and transportation access fees.

19         (q)  An Educational Research Center for Child

20  Development fee for child care and services offered by the

21  center.

22         (r)  Fees for transcripts and diploma replacement, not

23  to exceed $10 per item.

24         (13)  The board of trustees of the University of

25  Florida is authorized to establish an admissions deposit fee

26  for the University of Florida College of Dentistry in an

27  amount not to exceed $200.

28         (14)  Each university may assess a service charge for

29  the payment of tuition and fees in installments. Such service

30  charge must be approved by the university board of trustees.

31  


                                 916

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 404.  Section 1009.25, Florida Statutes, is

 2  created to read:

 3         1009.25  Fee exemptions.--

 4         (1)  The following students are exempt from any

 5  requirement for the payment of tuition and fees, including lab

 6  fees, for adult basic, adult secondary, or

 7  vocational-preparatory instruction:

 8         (a)  A student who does not have a high school diploma

 9  or its equivalent.

10         (b)  A student who has a high school diploma or its

11  equivalent and who has academic skills at or below the eighth

12  grade level pursuant to state board rule. A student is

13  eligible for this exemption from fees if the student's skills

14  are at or below the eighth grade level as measured by a test

15  administered in the English language and approved by the

16  Department of Education, even if the student has skills above

17  that level when tested in the student's native language.

18         (2)  The following students are exempt from the payment

19  of tuition and fees, including lab fees, at a school district

20  that provides postsecondary career and technical programs,

21  community college, or state university:

22         (a)  A student enrolled in a dual enrollment or early

23  admission program pursuant to s. 1007.27 or s. 1007.271.

24         (b)  A student enrolled in an approved apprenticeship

25  program, as defined in s. 446.021.

26         (c)  A student for whom the state is paying a foster

27  care board payment pursuant to s. 409.145(3) or pursuant to

28  parts II and III of chapter 39, for whom the permanency

29  planning goal pursuant to part III of chapter 39 is long-term

30  foster care or independent living, or who is adopted from the

31  Department of Children and Family Services after May 5, 1997.


                                 917

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Such exemption includes fees associated with enrollment in

 2  vocational-preparatory instruction and completion of the

 3  college-level communication and computation skills testing

 4  program. Such exemption shall be available to any student

 5  adopted from the Department of Children and Family Services

 6  after May 5, 1997; however, the exemption shall be valid for

 7  no more than 4 years after the date of graduation from high

 8  school.

 9         (d)  A student enrolled in an employment and training

10  program under the welfare transition program. The regional

11  workforce board shall pay the state university, community

12  college, or school district for costs incurred for welfare

13  transition program participants.

14         (e)  A student who lacks a fixed, regular, and adequate

15  nighttime residence or whose primary nighttime residence is a

16  public or private shelter designed to provide temporary

17  residence for individuals intended to be institutionalized, or

18  a public or private place not designed for, or ordinarily used

19  as, a regular sleeping accommodation for human beings.

20         (f)  A student who is a proprietor, owner, or worker of

21  a company whose business has been at least 50 percent

22  negatively financially impacted by the buy-out of property

23  around Lake Apopka by the State of Florida. Such a student may

24  receive a fee exemption only if the student has not received

25  compensation because of the buy-out, the student is designated

26  a Florida resident for tuition purposes, pursuant to s.

27  1009.21, and the student has applied for and been denied

28  financial aid, pursuant to s. 1009.40, which would have

29  provided, at a minimum, payment of all student fees. The

30  student is responsible for providing evidence to the

31  postsecondary education institution verifying that the


                                 918

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  conditions of this paragraph have been met, including support

 2  documentation provided by the Department of Revenue. The

 3  student must be currently enrolled in, or begin coursework

 4  within, a program area by fall semester 2000.  The exemption

 5  is valid for a period of 4 years from the date that the

 6  postsecondary education institution confirms that the

 7  conditions of this paragraph have been met.

 8         (3)  Each community college is authorized to grant

 9  student fee exemptions from all fees adopted by the State

10  Board of Education and the community college board of trustees

11  for up to 40 full-time equivalent students at each

12  institution.

13         Section 405.  Section 1009.26, Florida Statutes, is

14  created to read:

15         1009.26  Fee waivers.--

16         (1)  School districts and community colleges may waive

17  fees for any fee-nonexempt student. The total value of fee

18  waivers granted by the school district or community college

19  may not exceed the amount established annually in the General

20  Appropriations Act. Any student whose fees are waived in

21  excess of the authorized amount may not be reported for state

22  funding purposes. Any school district or community college

23  that waives fees and requests state funding for a student in

24  violation of the provisions of this section shall be penalized

25  at a rate equal to 2 times the value of the full-time student

26  enrollment reported.

27         (2)  A state university may waive any or all

28  application, tuition, and related fees for persons who

29  supervise student interns for a state university.

30         (3)  A university board of trustees is authorized to

31  permit full-time university employees who meet academic


                                 919

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  requirements to enroll for up to 6 credit hours of

 2  tuition-free courses per term on a space-available basis.

 3         (4)  A state university may waive any or all

 4  application, tuition, and related fees for persons 60 years of

 5  age or older who are residents of this state and who attend

 6  classes for credit. No academic credit shall be awarded for

 7  attendance in classes for which fees are waived under this

 8  subsection. This privilege may be granted only on a

 9  space-available basis, if such classes are not filled as of

10  the close of registration. A university may limit or deny the

11  privilege for courses which are in programs for which the

12  State Board of Education has established selective admissions

13  criteria. Persons paying full fees and state employees taking

14  courses on a space-available basis shall have priority over

15  those persons whose fees are waived in all cases where

16  classroom spaces are limited.

17         (5)  Any graduate student enrolled in a state-approved

18  school psychology training program shall be entitled to a

19  waiver of registration fees for internship credit hours

20  applicable to an internship in the public school system under

21  the supervision of a Department of Education certified school

22  psychologist employed by the school system.

23         (6)  The State Board of Education may establish rules

24  to allow for the waiver of out-of-state fees for

25  nondegree-seeking students enrolled at a state university if

26  the earned student credit hours generated by such students are

27  nonfundable and the direct cost for the program of study is

28  recovered from the fees charged to all students.

29         (7)  The spouse of a deceased state employee is

30  entitled, when eligible for the payment of student fees by the

31  state as employer pursuant to s. 440.16, in lieu of such


                                 920

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  payment, to a full waiver of student fees for up to 80

 2  semester hours in any community college.

 3         (8)  Fees shall be waived for certain members of the

 4  active Florida National Guard pursuant to s. 250.10(8).

 5         Section 406.  Section 1009.265, Florida Statutes, is

 6  created to read:

 7         1009.265  State employee fee waivers.--

 8         (1)  As a benefit to the employer and employees of the

 9  state, subject to approval by an employee's agency head or the

10  equivalent, each state university and community college shall

11  waive tuition and fees for state employees to enroll for up to

12  6 credit hours of courses per term on a space-available basis.

13         (2)  The Comptroller, in cooperation with the community

14  colleges and state universities, shall identify and implement

15  ways to ease the administrative burden to community colleges

16  and state universities, including, but not limited to,

17  providing easier access to verify state employment.

18         (3)  From funds appropriated by the Legislature for

19  administrative costs to implement this section, community

20  colleges and state universities shall be reimbursed on a pro

21  rata basis according to the cost assessment data developed by

22  the Department of Education.

23         (4)  The Auditor General shall include a review of the

24  cost assessment data in conjunction with his or her audit

25  responsibilities for community colleges, state universities,

26  and the Department of Education.

27         (5)  For purposes of this section, employees of the

28  state include employees of the executive, legislative, and

29  judicial branches of state government, except for persons

30  employed by a state university.

31  


                                 921

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 407.  Section 1009.27, Florida Statutes, is

 2  created to read:

 3         1009.27  Deferral of fees.--

 4         (1)  The State Board of Education shall adopt rules to

 5  allow the deferral of tuition and registration fees for

 6  students receiving financial aid from a federal or state

 7  assistance program when the aid is delayed in being

 8  transmitted to the student through circumstances beyond the

 9  control of the student. The failure to make timely application

10  for the aid is an insufficient reason to receive a deferral of

11  fees. The rules must provide for the enforcement and

12  collection or other settlement of delinquent accounts.

13         (2)  Any veteran or other eligible student who receives

14  benefits under chapter 30, chapter 31, chapter 32, chapter 34,

15  or chapter 35 of Title 38, U.S.C., or chapter 106 of Title 10,

16  U.S.C., is entitled to one deferment each academic year and an

17  additional deferment each time there is a delay in the receipt

18  of benefits.

19         (3)  Each school district, community college, and state

20  university is responsible for collecting all deferred fees. If

21  a school district, community college, or state university has

22  not collected a deferred fee, the student may not earn state

23  funding for any course for which the student subsequently

24  registers until the fee has been paid.

25         Section 408.  Section 1009.28, Florida Statutes, is

26  created to read:

27         1009.28  Fees for repeated enrollment in

28  college-preparatory classes.--A student enrolled in the same

29  college-preparatory class more than twice shall pay 100

30  percent of the full cost of instruction to support continuous

31  enrollment of that student in the same class, and the student


                                 922

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  shall not be included in calculations of full-time equivalent

 2  enrollments for state funding purposes; however, students who

 3  withdraw or fail a class due to extenuating circumstances may

 4  be granted an exception only once for each class, provided

 5  approval is granted according to policy established by the

 6  board of trustees. Each community college may review and

 7  reduce fees paid by students due to continued enrollment in a

 8  college-preparatory class on an individual basis contingent

 9  upon the student's financial hardship, pursuant to definitions

10  and fee levels established by the State Board of Education.

11         Section 409.  Section 1009.285, Florida Statutes, is

12  created to read:

13         1009.285  Fees for repeated enrollment in

14  college-credit courses.--A student enrolled in the same

15  undergraduate college-credit course more than twice shall pay

16  tuition at 100 percent of the full cost of instruction and

17  shall not be included in calculations of full-time equivalent

18  enrollments for state funding purposes. However, students who

19  withdraw or fail a class due to extenuating circumstances may

20  be granted an exception only once for each class, provided

21  that approval is granted according to policy established by

22  the community college board of trustees or the university

23  board of trustees. Each community college and state university

24  may review and reduce fees paid by students due to continued

25  enrollment in a college-credit class on an individual basis

26  contingent upon the student's financial hardship, pursuant to

27  definitions and fee levels established by the State Board of

28  Education. For purposes of this section, first-time enrollment

29  in a class shall mean enrollment in a class beginning fall

30  semester 1997, and calculations of the full cost of

31  instruction shall be based on the systemwide average of the


                                 923

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  prior year's cost of undergraduate programs for the community

 2  colleges and the state universities. Boards of trustees may

 3  make exceptions to this section for individualized study,

 4  elective coursework, courses that are repeated as a

 5  requirement of a major, and courses that are intended as

 6  continuing over multiple semesters, excluding the repeat of

 7  coursework more than two times to increase grade point average

 8  or meet minimum course grade requirements.

 9         Section 410.  Section 1009.29, Florida Statutes, is

10  created to read:

11         1009.29  Increased fees for funding financial aid

12  program.--

13         (1)  Student tuition and registration fees at each

14  state university and community college shall include up to

15  $4.68 per quarter, or $7.02 per semester, per full-time

16  student, or the per-student credit hour equivalents of such

17  amounts. The fees provided for by this section shall be

18  adjusted from time to time, as necessary, to comply with the

19  debt service coverage requirements of the student loan revenue

20  bonds issued pursuant to s. 1009.79. If the Division of Bond

21  Finance of the State Board of Education and the Commissioner

22  of Education determine that such fees are no longer required

23  as security for revenue bonds issued pursuant to ss.

24  1009.78-1009.88, moneys previously collected pursuant to this

25  section which are held in escrow, after administrative

26  expenses have been met and up to $150,000 has been used to

27  establish a financial aid data processing system for the state

28  universities incorporating the necessary features to meet the

29  needs of all nine universities for application through

30  disbursement processing, shall be reallocated to the

31  generating institutions to be used for student financial aid


                                 924

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  programs, including, but not limited to, scholarships and

 2  grants for educational purposes. Upon such determination, such

 3  fees shall no longer be assessed and collected.

 4         (2)  The Department of Education may, in accordance

 5  with rules established by the State Board of Administration,

 6  receive and administer grants and donations from any source

 7  and, in its discretion, establish criteria, select recipients,

 8  and award scholarships and loans from the fees provided for by

 9  this section, and fix the interest rates and terms of

10  repayment.

11         Section 411.  Part III of chapter 1009, Florida

12  Statutes, shall be entitled "Financial Assistance" and shall

13  consist of ss. 1009.40-1009.96.

14         Section 412.  Part III.a. of chapter 1009, Florida

15  Statutes, shall be entitled "General Provisions" and shall

16  consist of ss. 1009.40-1009.44.

17         Section 413.  Section 1009.40, Florida Statutes, is

18  created to read:

19         1009.40  General requirements for student eligibility

20  for state financial aid.--

21         (1)(a)  The general requirements for eligibility of

22  students for state financial aid awards consist of the

23  following:

24         1.  Achievement of the academic requirements of and

25  acceptance at a state university or community college; a

26  nursing diploma school approved by the Florida Board of

27  Nursing; a Florida college, university, or community college

28  which is accredited by an accrediting agency recognized by the

29  State Board of Education; any Florida institution the credits

30  of which are acceptable for transfer to state universities;

31  any technical center; or any private technical institution


                                 925

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  accredited by an accrediting agency recognized by the State

 2  Board of Education.

 3         2.  Residency in this state for no less than 1 year

 4  preceding the award of aid for a program established pursuant

 5  to s. 1009.50, s. 1009.51, s. 1009.52, s. 1009.56, s. 1009.53,

 6  s. 1009.54, s. 1009.57, s. 1009.60, s. 1009.60, s. 1009.62, s.

 7  1009.63, s. 1009.76, s. 1009.72, s. 1009.73, s. 1009.77, or s.

 8  1009.89. Residency in this state must be for purposes other

 9  than to obtain an education. Resident status for purposes of

10  receiving state financial aid awards shall be determined in

11  the same manner as resident status for tuition purposes

12  pursuant to s. 1009.21 and rules of the State Board of

13  Education.

14         3.  Submission of certification attesting to the

15  accuracy, completeness, and correctness of information

16  provided to demonstrate a student's eligibility to receive

17  state financial aid awards. Falsification of such information

18  shall result in the denial of any pending application and

19  revocation of any award currently held to the extent that no

20  further payments shall be made. Additionally, students who

21  knowingly make false statements in order to receive state

22  financial aid awards shall be guilty of a misdemeanor of the

23  second degree subject to the provisions of s. 837.06 and shall

24  be required to return all state financial aid awards

25  wrongfully obtained.

26         (b)1.  Eligibility for the renewal of undergraduate

27  financial aid awards shall be evaluated at the end of the

28  second semester or third quarter of each academic year.  As a

29  condition for renewal, a student shall:

30         a.  Have earned a minimum cumulative grade point

31  average of 2.0 on a 4.0 scale; and


                                 926

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         b.  Have earned, for full-time study, 12 credits per

 2  term or the equivalent for the number of terms for which aid

 3  was received.

 4         2.  A student who earns the minimum number of credits

 5  required for renewal, but who fails to meet the minimum 2.0

 6  cumulative grade point average, may be granted a probationary

 7  award for up to the equivalent of 1 academic year and shall be

 8  required to earn a cumulative grade point average of 2.0 on a

 9  4.0 scale by the end of the probationary period to be eligible

10  for subsequent renewal.  A student who receives a probationary

11  award and who fails to meet the conditions for renewal by the

12  end of his or her probationary period shall be ineligible to

13  receive additional awards for the equivalent of 1 academic

14  year following his or her probationary period. Each such

15  student may, however, reapply for assistance during a

16  subsequent application period and may be eligible for an award

17  if he or she has earned a cumulative grade point average of

18  2.0 on a 4.0 scale.

19         3.  A student who fails to earn the minimum number of

20  credits required for renewal shall lose his or her eligibility

21  for renewal for a period equivalent to 1 academic year.

22  However, the student may reapply during a subsequent

23  application period and may be eligible for an award if he or

24  she has earned a minimum cumulative grade point average of 2.0

25  on a 4.0 scale.

26         4.  Students who receive state student aid and

27  subsequently fail to meet state academic progress requirements

28  due to verifiable illness or other emergencies may be granted

29  an exception from the academic requirements.  Such students

30  shall make a written appeal to the institution.  The appeal

31  shall include a description and verification of the


                                 927

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  circumstances. Verification of illness or other emergencies

 2  may include but not be limited to a physician's statement or

 3  written statement of a parent or college official.  The

 4  institution shall recommend exceptions with necessary

 5  documentation to the department.  The department may accept or

 6  deny such recommendations for exception from the institution.

 7         (2)  These requirements do not preclude higher

 8  standards specified in other sections of this part, in rules

 9  of the state board, or in rules of a participating

10  institution.

11         (3)  Undergraduate students are be eligible to receive

12  financial aid for a maximum of 8 semesters or 12 quarters.

13  However, undergraduate students participating in

14  college-preparatory instruction, students requiring additional

15  time to complete the college-level communication and

16  computation skills testing programs, or students enrolled in a

17  5-year undergraduate degree program are eligible to receive

18  financial aid for a maximum of 10 semesters or 15 quarters.

19         (4)  No student is eligible to receive more than one

20  state scholarship that is based on academic merit.  Students

21  who qualify for more than one such scholarship shall be

22  notified of all awards for which they qualify and shall be

23  provided the opportunity to accept one of their choosing.

24         Section 414.  Section 1009.41, Florida Statutes, is

25  created to read:

26         1009.41  State financial aid; students with a

27  disability.--Notwithstanding the provisions of s.

28  1009.40(1)(b)1.b. regarding the number of credits earned per

29  term, or other financial aid eligibility requirements related

30  to the number of required credits earned per term, a student

31  with a documented disability, as defined by the Americans with


                                 928

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Disabilities Act, shall be eligible to be considered for state

 2  financial aid while attending an eligible postsecondary

 3  institution on a part-time basis. The State Board of Education

 4  shall establish the necessary criteria for documentation of

 5  the student's disability and the postsecondary institution

 6  shall make the determination as to whether or not the

 7  disability is such that part-time status is a necessary

 8  accommodation. For the purposes of this section, financial aid

 9  funds may be prorated based on the number of credit hours

10  taken.

11         Section 415.  Section 1009.42, Florida Statutes, is

12  created to read:

13         1009.42  Financial aid appeal process.--

14         (1)  The State Board of Education shall adopt, by rule,

15  a procedure for the appeal of errors in eligibility

16  determinations, or failure to transfer awards between eligible

17  institutions, made by the Office of Student Financial

18  Assistance of the Department of Education, regarding

19  applicants' eligibility for receiving state student financial

20  aid awards. The procedure must provide for establishment of a

21  committee to consider appeals that are not resolved by other

22  administrative action. Each committee must be comprised of

23  four members appointed by the Commissioner of Education,

24  including one representative of the Office of Student

25  Financial Assistance; two practicing financial aid

26  administrators from public or private postsecondary

27  institutions in this state, one of whom must be from an

28  institution other than one to which the applicant is seeking

29  admission; and one student enrolled in a public postsecondary

30  institution in this state, nominated by the Florida Student

31  Association. An applicant for state student financial aid who


                                 929

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  believes an error has been made in determining eligibility for

 2  student financial assistance or who believes the department

 3  has failed to transfer an award between eligible institutions

 4  may appeal the decision in writing to the Office of Student

 5  Financial Assistance. The Office of Student Financial

 6  Assistance shall investigate the complaint and take

 7  appropriate action within 30 days after its receipt of the

 8  appeal. If the student wishes further review of the appeal,

 9  the Office of Student Financial Assistance shall forward the

10  appeal to the committee. Within 30 days after the receipt of a

11  request for a hearing, a final decision shall be rendered by

12  the committee established under this section, and a copy of

13  the decision shall be provided to the applicant. The decision

14  rendered by the committee constitutes final agency action. A

15  description of the financial aid appeals process shall be

16  included in the application form for each state student

17  financial aid program.

18         (2)  The president of each state university and each

19  community college shall establish a procedure for appeal, by

20  students, of grievances related to the award or administration

21  of financial aid at the institution.

22         (3)  A student involved in a financial aid appeal

23  proceeding is eligible for a deferral of registration and fee

24  payments pursuant to s. 1009.27.

25         Section 416.  Section 1009.43, Florida Statutes, is

26  created to read:

27         1009.43  State student financial assistance;

28  authorization for use in program of study in another state or

29  foreign country.--A student who is enrolled in a public or

30  private postsecondary educational institution in this state

31  may apply state student financial assistance towards the cost


                                 930

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  of a program of study in another state or a foreign country

 2  for a period of up to 1 year, if the program of study is

 3  offered or promoted by the Florida institution as an integral

 4  part of the academic studies of that degree-seeking student or

 5  as a program that would enhance the student's academic

 6  experience. This program must be approved by the president of

 7  the institution in this state or by his or her designee;

 8  however, private, postsecondary Florida institutions with

 9  out-of-state subsidiary institutions are not authorized to

10  make Florida residents attending their out-of-state subsidiary

11  institutions eligible for Florida financial assistance.

12         Section 417.  Section 1009.44, Florida Statutes, is

13  created to read:

14         1009.44  Need-based financial aid; no preference to

15  students receiving other aid.--From the funds collected by

16  state universities and community colleges as a financial aid

17  fee and from other funds appropriated by the Legislature for

18  financial aid from the Educational Enhancement Trust Fund,

19  institutions shall expend those moneys designated as

20  need-based financial aid with no preference given to students

21  who also qualify for merit-based or other financial aid

22  awards.

23         Section 418.  Part III.b. of chapter 1009, Florida

24  Statutes, shall be entitled "Scholarships, Grants, and Other

25  Aid" and shall consist of ss. 1009.50-1009.89.

26         Section 419.  Section 1009.50, Florida Statutes, is

27  created to read:

28         1009.50  Florida Public Student Assistance Grant

29  Program; eligibility for grants.--

30         (1)  There is hereby created a Florida Public Student

31  Assistance Grant Program. The program shall be administered by


                                 931

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the participating institutions in accordance with rules of the

 2  state board.

 3         (2)(a)  State student assistance grants through the

 4  program may be made only to full-time degree-seeking students

 5  who meet the general requirements for student eligibility as

 6  provided in s. 1009.40, except as otherwise provided in this

 7  section. The grants shall be awarded annually for the amount

 8  of demonstrated unmet need for the cost of education and may

 9  not exceed an amount equal to the average prior academic year

10  cost of tuition fees and other registration fees for 30 credit

11  hours at state universities or such other amount as specified

12  in the General Appropriations Act, to any recipient. A

13  demonstrated unmet need of less than $200 shall render the

14  applicant ineligible for a state student assistance grant.

15  Recipients of the grants must have been accepted at a state

16  university or community college authorized by Florida law. No

17  student may receive an award for more than the equivalent of 9

18  semesters or 14 quarters of full-time enrollment, except as

19  otherwise provided in s. 1009.40(3).

20         (b)  A student applying for a Florida public student

21  assistance grant shall be required to apply for the Pell

22  Grant. The Pell Grant entitlement shall be considered when

23  conducting an assessment of the financial resources available

24  to each student.

25         (c)  Priority in the distribution of grant moneys shall

26  be given to students with the lowest total family resources,

27  in accordance with a nationally recognized system of need

28  analysis. Using the system of need analysis, the department

29  shall establish a maximum expected family contribution. An

30  institution may not make a grant from this program to a

31  student whose expected family contribution exceeds the level


                                 932

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  established by the department.  An institution may not impose

 2  additional criteria to determine a student's eligibility to

 3  receive a grant award.

 4         (d)  Each participating institution shall report, to

 5  the department by the established date, the eligible students

 6  to whom grant moneys are disbursed each academic term. Each

 7  institution shall also report to the department necessary

 8  demographic and eligibility data for such students.

 9         (3)  Based on the unmet financial need of an eligible

10  applicant, the amount of a Florida public student assistance

11  grant must be between $200 and the weighted average of the

12  cost of tuition and other registration fees for 30 credit

13  hours at state universities per academic year or the amount

14  specified in the General Appropriations Act.

15         (4)(a)  The funds appropriated for the Florida Public

16  Student Assistance Grant shall be distributed to eligible

17  institutions in accordance with a formula approved by the

18  State Board of Education. The formula shall consider at least

19  the prior year's distribution of funds, the number of

20  full-time eligible applicants who did not receive awards, the

21  standardization of the expected family contribution, and

22  provisions for unused funds.

23         (b)  Payment of Florida public student assistance

24  grants shall be transmitted to the president of the state

25  university or community college, or to his or her

26  representative, in advance of the registration period.

27  Institutions shall notify students of the amount of their

28  awards.

29         (c)  The eligibility status of each student to receive

30  a disbursement shall be determined by each institution as of

31  the end of its regular registration period, inclusive of a


                                 933

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  drop-add period. Institutions shall not be required to

 2  reevaluate a student's eligibility status after this date for

 3  purposes of changing eligibility determinations previously

 4  made.

 5         (d)  Institutions shall certify to the department the

 6  amount of funds disbursed to each student and shall remit to

 7  the department any undisbursed advances by June 1 of each

 8  year.

 9         (5)  Funds appropriated by the Legislature for state

10  student assistance grants shall be deposited in the State

11  Student Financial Assistance Trust Fund. Notwithstanding the

12  provisions of s. 216.301 and pursuant to s. 216.351, any

13  balance in the trust fund at the end of any fiscal year that

14  has been allocated to the Florida Public Student Assistance

15  Grant Program shall remain therein and shall be available for

16  carrying out the purposes of this section.

17         (6)  The State Board of Education shall establish rules

18  necessary to implement this section.

19         Section 420.  Section 1009.51, Florida Statutes, is

20  created to read:

21         1009.51  Florida Private Student Assistance Grant

22  Program; eligibility for grants.--

23         (1)  There is created a Florida Private Student

24  Assistance Grant Program. The program shall be administered by

25  the participating institutions in accordance with rules of the

26  State Board of Education.

27         (2)(a)  Florida private student assistance grants from

28  the State Student Financial Assistance Trust Fund may be made

29  only to full-time degree-seeking students who meet the general

30  requirements for student eligibility as provided in s.

31  1009.40, except as otherwise provided in this section.  Such


                                 934

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  grants shall be awarded for the amount of demonstrated unmet

 2  need for tuition and fees and may not exceed an amount equal

 3  to the average tuition and other registration fees for 30

 4  credit hours at state universities plus $1,000 per academic

 5  year, or as specified in the General Appropriations Act, to

 6  any applicant.  A demonstrated unmet need of less than $200

 7  shall render the applicant ineligible for a Florida private

 8  student assistance grant. Recipients of such grants must have

 9  been accepted at a baccalaureate-degree-granting independent

10  nonprofit college or university, which is accredited by the

11  Commission on Colleges of the Southern Association of Colleges

12  and Schools and which is located in and chartered as a

13  domestic corporation by the state.  No student may receive an

14  award for more than the equivalent of 9 semesters or 14

15  quarters of full-time enrollment, except as otherwise provided

16  in s. 1009.40(3).

17         (b)  A student applying for a Florida private student

18  assistance grant shall be required to apply for the Pell

19  Grant. The Pell Grant entitlement shall be considered when

20  conducting an assessment of the financial resources available

21  to each student.

22         (c)  Priority in the distribution of grant moneys shall

23  be given to students with the lowest total family resources,

24  in accordance with a nationally recognized system of need

25  analysis. Using the system of need analysis, the department

26  shall establish a maximum expected family contribution. An

27  institution may not make a grant from this program to a

28  student whose expected family contribution exceeds the level

29  established by the department.  An institution may not impose

30  additional criteria to determine a student's eligibility to

31  receive a grant award.


                                 935

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (d)  Each participating institution shall report, to

 2  the department by the established date, the eligible students

 3  to whom grant moneys are disbursed each academic term. Each

 4  institution shall also report to the department necessary

 5  demographic and eligibility data for such students.

 6         (3)  Based on the unmet financial need of an eligible

 7  applicant, the amount of a Florida private student assistance

 8  grant must be between $200 and the average cost of tuition and

 9  other registration fees for 30 credit hours at state

10  universities plus $1,000 per academic year or the amount

11  specified in the General Appropriations Act.

12         (4)(a)  The funds appropriated for the Florida Private

13  Student Assistance Grant shall be distributed to eligible

14  institutions in accordance with a formula approved by the

15  State Board of Education. The formula shall consider at least

16  the prior year's distribution of funds, the number of

17  full-time eligible applicants who did not receive awards, the

18  standardization of the expected family contribution, and

19  provisions for unused funds.

20         (b)  Payment of Florida private student assistance

21  grants shall be transmitted to the president of the college or

22  university, or to his or her representative, in advance of the

23  registration period. Institutions shall notify students of the

24  amount of their awards.

25         (c)  The eligibility status of each student to receive

26  a disbursement shall be determined by each institution as of

27  the end of its regular registration period, inclusive of a

28  drop-add period. Institutions shall not be required to

29  reevaluate a student's eligibility status after this date for

30  purposes of changing eligibility determinations previously

31  made.


                                 936

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (d)  Institutions shall certify to the department the

 2  amount of funds disbursed to each student and shall remit to

 3  the department any undisbursed advances by June 1 of each

 4  year.

 5         (e)  Each institution that receives moneys through the

 6  Florida Private Student Assistance Grant Program shall prepare

 7  a biennial report that includes a financial audit, conducted

 8  by an independent certified public accountant, of the

 9  institution's administration of the program and a complete

10  accounting of moneys in the State Student Financial Assistance

11  Trust Fund allocated to the institution for the program. Such

12  report shall be submitted to the department by March 1 every

13  other year. The department may conduct its own annual or

14  biennial audit of an institution's administration of the

15  program and its allocated funds in lieu of the required

16  biennial report and financial audit report. The department may

17  suspend or revoke an institution's eligibility to receive

18  future moneys from the trust fund for the program or request a

19  refund of any moneys overpaid to the institution through the

20  trust fund for the program if the department finds that an

21  institution has not complied with the provisions of this

22  section. Any refund requested pursuant to this paragraph shall

23  be remitted within 60 days.

24         (5)  Funds appropriated by the Legislature for Florida

25  private student assistance grants shall be deposited in the

26  State Student Financial Assistance Trust Fund. Notwithstanding

27  the provisions of s. 216.301 and pursuant to s. 216.351, any

28  balance in the trust fund at the end of any fiscal year that

29  has been allocated to the Florida Private Student Assistance

30  Grant Program shall remain therein and shall be available for

31  


                                 937

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  carrying out the purposes of this section and as otherwise

 2  provided by law.

 3         (6)  The State Board of Education shall adopt rules

 4  necessary to implement this section.

 5         Section 421.  Section 1009.52, Florida Statutes, is

 6  created to read:

 7         1009.52  Florida Postsecondary Student Assistance Grant

 8  Program; eligibility for grants.--

 9         (1)  There is created a Florida Postsecondary Student

10  Assistance Grant Program. The program shall be administered by

11  the participating institutions in accordance with rules of the

12  State Board of Education.

13         (2)(a)  Florida postsecondary student assistance grants

14  through the State Student Financial Assistance Trust Fund may

15  be made only to full-time degree-seeking students who meet the

16  general requirements for student eligibility as provided in s.

17  1009.40, except as otherwise provided in this section. Such

18  grants shall be awarded for the amount of demonstrated unmet

19  need for tuition and fees and may not exceed an amount equal

20  to the average prior academic year cost of tuition and other

21  registration fees for 30 credit hours at state universities

22  plus $1,000 per academic year, or as specified in the General

23  Appropriations Act, to any applicant.  A demonstrated unmet

24  need of less than $200 shall render the applicant ineligible

25  for a Florida postsecondary student assistance grant.

26  Recipients of such grants must have been accepted at a

27  postsecondary institution that is located in the state and

28  that is:

29         1.  A private nursing diploma school approved by the

30  Florida Board of Nursing; or

31  


                                 938

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         2.  A college or university licensed by the Commission

 2  for Independent Education, excluding those institutions the

 3  students of which are eligible to receive a Florida private

 4  student assistance grant pursuant to s. 1009.51.

 5  

 6  No student may receive an award for more than the equivalent

 7  of 9 semesters or 14 quarters of full-time enrollment, except

 8  as otherwise provided in s. 1009.40(3).

 9         (b)  A student applying for a Florida postsecondary

10  student assistance grant shall be required to apply for the

11  Pell Grant. The Pell Grant entitlement shall be considered

12  when conducting an assessment of the financial resources

13  available to each student.

14         (c)  Priority in the distribution of grant moneys shall

15  be given to students with the lowest total family resources,

16  in accordance with a nationally recognized system of need

17  analysis. Using the system of need analysis, the department

18  shall establish a maximum expected family contribution. An

19  institution may not make a grant from this program to a

20  student whose expected family contribution exceeds the level

21  established by the department.  An institution may not impose

22  additional criteria to determine a student's eligibility to

23  receive a grant award.

24         (d)  Each participating institution shall report, to

25  the department by the established date, the eligible students

26  to whom grant moneys are disbursed each academic term. Each

27  institution shall also report to the department necessary

28  demographic and eligibility data for such students.

29         (3)  Based on the unmet financial need of an eligible

30  applicant, the amount of a Florida postsecondary student

31  assistance grant must be between $200 and the average cost of


                                 939

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  tuition and other registration fees for 30 credit hours at

 2  state universities plus $1,000 per academic year or the amount

 3  specified in the General Appropriations Act.

 4         (4)(a)  The funds appropriated for the Florida

 5  Postsecondary Student Assistance Grant shall be distributed to

 6  eligible institutions in accordance with a formula approved by

 7  the State Board of Education. The formula shall consider at

 8  least the prior year's distribution of funds, the number of

 9  full-time eligible applicants who did not receive awards, the

10  standardization of the expected family contribution, and

11  provisions for unused funds.

12         (b)  Payment of Florida postsecondary student

13  assistance grants shall be transmitted to the president of the

14  eligible institution, or to his or her representative, in

15  advance of the registration period. Institutions shall notify

16  students of the amount of their awards.

17         (c)  The eligibility status of each student to receive

18  a disbursement shall be determined by each institution as of

19  the end of its regular registration period, inclusive of a

20  drop-add period.  Institutions shall not be required to

21  reevaluate a student's eligibility status after this date for

22  purposes of changing eligibility determinations previously

23  made.

24         (d)  Institutions shall certify to the department the

25  amount of funds disbursed to each student and shall remit to

26  the department any undisbursed advances by June 1 of each

27  year.

28         (e)  Each institution that receives moneys through the

29  Florida Postsecondary Student Assistance Grant Program shall

30  prepare a biennial report that includes a financial audit,

31  conducted by an independent certified public accountant, of


                                 940

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the institution's administration of the program and a complete

 2  accounting of moneys in the State Student Financial Assistance

 3  Trust Fund allocated to the institution for the program.  Such

 4  report shall be submitted to the department by March 1 every

 5  other year.  The department may conduct its own annual or

 6  biennial audit of an institution's administration of the

 7  program and its allocated funds in lieu of the required

 8  biennial report and financial audit report. The department may

 9  suspend or revoke an institution's eligibility to receive

10  future moneys from the trust fund for the program or request a

11  refund of any moneys overpaid to the institution through the

12  trust fund for the program if the department finds that an

13  institution has not complied with the provisions of this

14  section.  Any refund requested pursuant to this paragraph

15  shall be remitted within 60 days.

16         (5)  Any institution that was eligible to receive state

17  student assistance grants on January 1, 1989, and that is not

18  eligible to receive grants pursuant to s. 1009.51 is eligible

19  to receive grants pursuant to this section.

20         (6)  Funds appropriated by the Legislature for Florida

21  postsecondary student assistance grants shall be deposited in

22  the State Student Financial Assistance Trust Fund.

23  Notwithstanding the provisions of s. 216.301 and pursuant to

24  s. 216.351, any balance in the trust fund at the end of any

25  fiscal year that has been allocated to the Florida

26  Postsecondary Student Assistance Grant Program shall remain

27  therein and shall be available for carrying out the purposes

28  of this section and as otherwise provided by law.

29         (7)  The State Board of Education shall adopt rules

30  necessary to implement this section.

31  


                                 941

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 422.  Section 1009.53, Florida Statutes, is

 2  created to read:

 3         1009.53  Florida Bright Futures Scholarship Program.--

 4         (1)  The Florida Bright Futures Scholarship Program is

 5  created to establish a lottery-funded scholarship program to

 6  reward any Florida high school graduate who merits recognition

 7  of high academic achievement and who enrolls in a degree

 8  program, certificate program, or applied technology program at

 9  an eligible Florida public or private postsecondary education

10  institution within 3 years of graduation from high school.

11         (2)  The Bright Futures Scholarship Program consists of

12  three types of awards: the Florida Academic Scholarship, the

13  Florida Medallion Scholarship, and the Florida Gold Seal

14  Vocational Scholarship.

15         (3)  The Department of Education shall administer the

16  Bright Futures Scholarship Program according to rules and

17  procedures established by the State Board of Education. A

18  single application must be sufficient for a student to apply

19  for any of the three types of awards. The department must

20  advertise the availability of the scholarship program and must

21  notify students, teachers, parents, guidance counselors, and

22  principals or other relevant school administrators of the

23  criteria and application procedures. The department must begin

24  this process of notification no later than January 1 of each

25  year.

26         (4)  Funding for the Bright Futures Scholarship Program

27  must be allocated from the Education Enhancement Trust Fund

28  and must be provided before allocations from that fund are

29  calculated for disbursement to other educational entities.

30         (a)  If funds appropriated are not adequate to provide

31  the maximum allowable award to each eligible applicant, awards


                                 942

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  in all three components of the program must be prorated using

 2  the same percentage reduction.

 3         (b)  Notwithstanding s. 216.301, if all funds allocated

 4  to the Bright Futures Scholarship Program are not used in any

 5  fiscal year, up to 10 percent of the total allocation may be

 6  carried forward and used for awards in the following year.

 7         (5)  The department shall issue awards from the

 8  scholarship program annually. Annual awards may be for up to

 9  45 semester credit hours or the equivalent. Before the

10  registration period each semester, the department shall

11  transmit payment for each award to the president or director

12  of the postsecondary education institution, or his or her

13  representative, except that the department may withhold

14  payment if the receiving institution fails to report or to

15  make refunds to the department as required in this section.

16         (a)  Within 30 days after the end of regular

17  registration each semester, the educational institution shall

18  certify to the department the eligibility status of each

19  student who receives an award. After the end of the drop and

20  add period, an institution is not required to reevaluate or

21  revise a student's eligibility status, but must make a refund

22  to the department if a student who receives an award

23  disbursement terminates enrollment for any reason during an

24  academic term and a refund is permitted by the institution's

25  refund policy.

26         (b)  An institution that receives funds from the

27  program shall certify to the department the amount of funds

28  disbursed to each student and shall remit to the department

29  any undisbursed advances within 60 days after the end of

30  regular registration.

31  


                                 943

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (c)  Each institution that receives moneys through this

 2  program shall prepare an annual report that includes an annual

 3  financial audit, conducted by an independent certified public

 4  accountant or the Auditor General. The report shall include an

 5  audit of the institution's administration of the program and a

 6  complete accounting of the moneys for the program. This report

 7  must be submitted to the department annually by March 1. The

 8  department may conduct its own annual audit of an

 9  institution's administration of the program. The department

10  may request a refund of any moneys overpaid to the institution

11  for the program. The department may suspend or revoke an

12  institution's eligibility to receive future moneys for the

13  program if the department finds that an institution has not

14  complied with this section. The institution must remit within

15  60 days any refund requested in accordance with this

16  subsection.

17         (6)  A student enrolled in 6 to 8 semester credit hours

18  may receive up to one-half of the maximum award; a student

19  enrolled in 9 to 11 credit hours may receive up to

20  three-fourths of the maximum award; and a student enrolled in

21  12 or more credit hours may receive up to the full award.

22         (7)  A student may receive only one type of award from

23  the Florida Bright Futures Scholarship Program at a time, but

24  may transfer from one type of award to another through the

25  renewal application process, if the student's eligibility

26  status changes. However, a student is not eligible to transfer

27  from a Florida Medallion Scholarship or a Florida Gold Seal

28  Vocational Scholarship to a Florida Academic Scholarship. A

29  student who receives an award from the program may also

30  receive a federal family education loan or a federal direct

31  loan, and the value of the award must be considered in the


                                 944

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  certification or calculation of the student's loan

 2  eligibility.

 3         (8)  If a recipient transfers from one eligible

 4  institution to another and continues to meet eligibility

 5  requirements, the award must be transferred with the student.

 6         (9)  A student may use an award for summer term

 7  enrollment if funds are available.

 8         (10)  Funds from any scholarship within the Florida

 9  Bright Futures Scholarship Program may not be used to pay for

10  remedial or college-preparatory coursework.

11         Section 423.  Section 1009.531, Florida Statutes, is

12  created to read:

13         1009.531  Florida Bright Futures Scholarship Program;

14  student eligibility requirements for initial awards.--

15         (1)  To be eligible for an initial award from any of

16  the three types of scholarships under the Florida Bright

17  Futures Scholarship Program, a student must:

18         (a)  Be a Florida resident as defined in s. 1009.40 and

19  rules of the State Board of Education.

20         (b)  Earn a standard Florida high school diploma or its

21  equivalent as described in s. 1003.43 or s. 1003.45 unless:

22         1.  The student is enrolled full time in the early

23  admission program of an eligible postsecondary education

24  institution or completes a home education program according to

25  s. 1002.41; or

26         2.  The student earns a high school diploma from a

27  non-Florida school while living with a parent or guardian who

28  is on military or public service assignment away from Florida.

29         (c)  Be accepted by and enroll in an eligible Florida

30  public or independent postsecondary education institution.

31  


                                 945

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (d)  Be enrolled for at least 6 semester credit hours

 2  or the equivalent in quarter hours or clock hours.

 3         (e)  Not have been found guilty of, or plead nolo

 4  contendere to, a felony charge, unless the student has been

 5  granted clemency by the Governor and Cabinet sitting as the

 6  Executive Office of Clemency.

 7         (f)  Apply for a scholarship from the program by high

 8  school graduation.

 9         (2)  A student is eligible to accept an initial award

10  for 3 years following high school graduation and to accept a

11  renewal award for 7 years following high school graduation. A

12  student who applies for an award by high school graduation and

13  who meets all other eligibility requirements, but who does not

14  accept his or her award, may reapply during subsequent

15  application periods up to 3 years after high school

16  graduation.

17         (3)  For purposes of calculating the grade point

18  average to be used in determining initial eligibility for a

19  Florida Bright Futures scholarship, the department shall

20  assign additional weights to grades earned in the following

21  courses:

22         (a)  Courses identified in the course code directory as

23  Advanced Placement, pre-International Baccalaureate, or

24  International Baccalaureate.

25         (b)  Courses designated as academic dual enrollment

26  courses in the statewide course numbering system.

27  

28  The department may assign additional weights to courses, other

29  than those described in paragraphs (a) and (b), that are

30  identified by the Department of Education as containing

31  rigorous academic curriculum and performance standards. The


                                 946

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  additional weight assigned to a course pursuant to this

 2  subsection shall not exceed 0.5 per course. The weighted

 3  system shall be developed and distributed to all high schools

 4  in the state prior to January 1, 1998. The department may

 5  determine a student's eligibility status during the senior

 6  year before graduation and may inform the student of the award

 7  at that time.

 8         (4)  Each school district shall annually provide to

 9  each high school student a complete and accurate Florida

10  Bright Futures Scholarship Evaluation Report and Key. The

11  report shall be disseminated at the beginning of each school

12  year. The report must include all high school coursework

13  attempted, the number of credits earned toward each type of

14  award, and the calculation of the grade point average for each

15  award. The report must also identify all requirements not met

16  per award, including the grade point average requirement, as

17  well as identify the awards for which the student has met the

18  academic requirements. The student report cards must contain a

19  disclosure that the grade point average calculated for

20  purposes of the Florida Bright Futures Scholarship Program may

21  differ from the grade point average on the report card.

22         (5)  A student who wishes to qualify for a particular

23  award within the Florida Bright Futures Scholarship Program,

24  but who does not meet all of the requirements for that level

25  of award, may, nevertheless, receive the award if the

26  principal of the student's school or the district

27  superintendent verifies that the deficiency is caused by the

28  fact that school district personnel provided inaccurate or

29  incomplete information to the student. The school district

30  must provide a means for the student to correct the

31  deficiencies and the student must correct them, either by


                                 947

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  completing comparable work at the postsecondary institution or

 2  by completing a directed individualized study program

 3  developed and administered by the school district. If the

 4  student does not complete the requirements by December 31

 5  immediately following high school graduation, the student is

 6  ineligible to participate in the program.

 7         Section 424.  Section 1009.532, Florida Statutes, is

 8  created to read:

 9         1009.532  Florida Bright Futures Scholarship Program;

10  student eligibility requirements for renewal awards.--

11         (1)  To be eligible to renew a scholarship from any of

12  the three types of scholarships under the Florida Bright

13  Futures Scholarship Program, a student must:

14         (a)  Complete at least 12 semester credit hours or the

15  equivalent in the last academic year in which the student

16  earned a scholarship.

17         (b)  Maintain the cumulative grade point average

18  required by the scholarship program, except that:

19         1.  If a recipient's grades fall beneath the average

20  required to renew a Florida Academic Scholarship, but are

21  sufficient to renew a Florida Medallion Scholarship or a

22  Florida Gold Seal Vocational Scholarship, the Department of

23  Education may grant a renewal from one of those other

24  scholarship programs, if the student meets the renewal

25  eligibility requirements; or

26         2.  If, at any time during the eligibility period, a

27  student's grades are insufficient to renew the scholarship,

28  the student may restore eligibility by improving the grade

29  point average to the required level. A student is eligible for

30  such a reinstatement only once. The Legislature encourages

31  education institutions to assist students to calculate whether


                                 948

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  or not it is possible to raise the grade point average during

 2  the summer term. If the institution determines that it is

 3  possible, the education institution may so inform the

 4  department, which may reserve the student's award if funds are

 5  available. The renewal, however, must not be granted until the

 6  student achieves the required cumulative grade point average.

 7  If the summer term is not sufficient to raise the grade point

 8  average to the required renewal level, the student's next

 9  opportunity for renewal is the fall semester of the following

10  academic year.

11         (2)  A student who is enrolled in a program that

12  terminates in an associate degree or a baccalaureate degree

13  may receive an award for a maximum of 110 percent of the

14  number of credit hours required to complete the program. A

15  student who is enrolled in a program that terminates in a

16  technical certificate may receive an award for a maximum of

17  110 percent of the credit hours or clock hours required to

18  complete the program up to 90 credit hours. A student who

19  transfers from one of these program levels to another becomes

20  eligible for the higher of the two credit hour limits.

21         Section 425.  Section 1009.533, Florida Statutes, is

22  created to read:

23         1009.533  Florida Bright Futures Scholarship Program;

24  eligible postsecondary education institutions.--A student is

25  eligible for an award or the renewal of an award from the

26  Florida Bright Futures Scholarship Program if the student

27  meets the requirements for the program as described in this

28  act and is enrolled in a postsecondary education institution

29  that meets the description in any one of the following

30  subsections:

31  


                                 949

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (1)  A Florida public university, community college, or

 2  technical center.

 3         (2)  An independent Florida college or university that

 4  is accredited by an accrediting association whose standards

 5  are comparable to the minimum standards required to operate an

 6  institution at that level in Florida, as determined by rules

 7  of the Commission for Independent Education, and which has

 8  operated in the state for at least 3 years.

 9         (3)  An independent Florida postsecondary education

10  institution that is licensed by the Commission for Independent

11  Education and that:

12         (a)  Is authorized to grant degrees;

13         (b)  Shows evidence of sound financial condition; and

14         (c)  Has operated in the state for at least 3 years

15  without having its approval, accreditation, or license placed

16  on probation.

17         (4)  A Florida independent postsecondary education

18  institution that offers a nursing diploma approved by the

19  Board of Nursing.

20         (5)  A Florida independent postsecondary education

21  institution that is licensed by the Commission for Independent

22  Education and which:

23         (a)  Is authorized to award certificates, diplomas, or

24  credentials other than degrees;

25         (b)  Has a program completion and placement rate of at

26  least the rate required by the current Florida Statutes, the

27  Florida Administrative Code, or the Department of Education

28  for an institution at its level; and

29         (c)  Shows evidence of sound financial condition; and

30  either:

31  


                                 950

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         1.  Is accredited at the institutional level by an

 2  accrediting agency recognized by the United States Department

 3  of Education and has operated in the state for at least 3

 4  years during which there has been no complaint for which

 5  probable cause has been found; or

 6         2.  Has operated in Florida for 5 years during which

 7  there has been no complaint for which probable cause has been

 8  found.

 9         Section 426.  Section 1009.534, Florida Statutes, is

10  created to read:

11         1009.534  Florida Academic Scholars award.--

12         (1)  A student is eligible for a Florida Academic

13  Scholars award if the student meets the general eligibility

14  requirements for the Florida Bright Futures Scholarship

15  Program and the student:

16         (a)  Has achieved a 3.5 weighted grade point average as

17  calculated pursuant to s. 1009.531, or its equivalent, in high

18  school courses that are designated by the State Board of

19  Education as college-preparatory academic courses; and has

20  attained at least the score identified by rules of the State

21  Board of Education on the combined verbal and quantitative

22  parts of the Scholastic Aptitude Test, the Scholastic

23  Assessment Test, or the recentered Scholastic Assessment Test

24  of the College Entrance Examination, or an equivalent score on

25  the ACT Assessment Program; or

26         (b)  Has attended a home education program according to

27  s. 1002.41 during grades 11 and 12 or has completed the

28  International Baccalaureate curriculum but failed to earn the

29  International Baccalaureate Diploma, and has attained at least

30  the score identified by rules of the Department of Education

31  on the combined verbal and quantitative parts of the


                                 951

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Scholastic Aptitude Test, the Scholastic Assessment Test, or

 2  the recentered Scholastic Assessment Test of the College

 3  Entrance Examination, or an equivalent score on the ACT

 4  Assessment Program; or

 5         (c)  Has been awarded an International Baccalaureate

 6  Diploma from the International Baccalaureate Office; or

 7         (d)  Has been recognized by the merit or achievement

 8  programs of the National Merit Scholarship Corporation as a

 9  scholar or finalist; or

10         (e)  Has been recognized by the National Hispanic

11  Recognition Program as a scholar recipient.

12  

13  A student must complete a program of community service work,

14  as approved by the district school board or the administrators

15  of a nonpublic school, which shall include a minimum of 75

16  hours of service work and require the student to identify a

17  social problem that interests him or her, develop a plan for

18  his or her personal involvement in addressing the problem,

19  and, through papers or other presentations, evaluate and

20  reflect upon his or her experience.

21         (2)  A Florida Academic Scholar who is enrolled in a

22  public postsecondary education institution is eligible for an

23  award equal to the amount required to pay tuition, fees, and

24  $600 for college-related expenses annually. A student who is

25  enrolled in a nonpublic postsecondary education institution is

26  eligible for an award equal to the amount that would be

27  required to pay for the average tuition and fees of a public

28  postsecondary education institution at the comparable level,

29  plus the annual $600.

30         (3)  To be eligible for a renewal award as a Florida

31  Academic Scholar, a student must maintain the equivalent of a


                                 952

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  cumulative grade point average of 3.0 on a 4.0 scale with an

 2  opportunity for one reinstatement as provided in this chapter.

 3         (4)  In each school district, the Florida Academic

 4  Scholar with the highest academic ranking shall receive an

 5  additional award of $1,500 for college-related expenses. This

 6  award must be funded from the Florida Bright Futures

 7  Scholarship Program.

 8         Section 427.  Section 1009.535, Florida Statutes, is

 9  created to read:

10         1009.535  Florida Medallion Scholars award.--

11         (1)  A student is eligible for a Florida Medallion

12  Scholars award if the student meets the general eligibility

13  requirements for the Florida Bright Futures Scholarship

14  Program and the student:

15         (a)  Has achieved a weighted grade point average of 3.0

16  as calculated pursuant to s. 1009.531, or the equivalent, in

17  high school courses that are designated by the State Board of

18  Education as college-preparatory academic courses; and has

19  attained at least the score identified by rules of the State

20  Board of Education on the combined verbal and quantitative

21  parts of the Scholastic Aptitude Test, the Scholastic

22  Assessment Test, or the recentered Scholastic Assessment Test

23  of the College Entrance Examination, or an equivalent score on

24  the ACT Assessment Program; or

25         (b)  Has attended a home education program according to

26  s. 1002.41 during grades 11 and 12 or has completed the

27  International Baccalaureate curriculum but failed to earn the

28  International Baccalaureate Diploma, and has attained at least

29  the score identified by rules of the Department of Education

30  on the combined verbal and quantitative parts of the

31  Scholastic Aptitude Test, the Scholastic Assessment Test, or


                                 953

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the recentered Scholastic Assessment Test of the College

 2  Entrance Examination, or an equivalent score on the ACT

 3  Assessment Program; or

 4         (c)  Has been recognized by the merit or achievement

 5  program of the National Merit Scholarship Corporation as a

 6  scholar or finalist but has not completed a program of

 7  community service as provided in s. 1009.534; or

 8         (d)  Has been recognized by the National Hispanic

 9  Recognition Program as a scholar, but has not completed a

10  program of community service as provided in s. 1009.534.

11         (2)  A Florida Medallion Scholar is eligible for an

12  award equal to the amount required to pay 75 percent of

13  tuition and fees, if the student is enrolled in a public

14  postsecondary education institution. A student who is enrolled

15  in a nonpublic postsecondary education institution is eligible

16  for an award equal to the amount that would be required to pay

17  75 percent of the tuition and fees of a public postsecondary

18  education institution at the comparable level.

19         (3)  To be eligible for a renewal award as a Florida

20  Medallion Scholar, a student must maintain the equivalent of a

21  cumulative grade point average of 2.75 on a 4.0 scale with an

22  opportunity for reinstatement one time as provided in this

23  chapter.

24         Section 428.  Section 1009.536, Florida Statutes, is

25  created to read:

26         1009.536  Florida Gold Seal Vocational Scholars

27  award.--The Florida Gold Seal Vocational Scholars award is

28  created within the Florida Bright Futures Scholarship Program

29  to recognize and reward academic achievement and career and

30  technical preparation by high school students who wish to

31  continue their education.


                                 954

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (1)  A student is eligible for a Florida Gold Seal

 2  Vocational Scholars award if the student meets the general

 3  eligibility requirements for the Florida Bright Futures

 4  Scholarship Program and the student:

 5         (a)  Completes the secondary school portion of a

 6  sequential program of studies that requires at least three

 7  secondary school career and technical credits taken over at

 8  least 2 academic years, and is continued in a planned, related

 9  postsecondary education program. If the student's school does

10  not offer such a two-plus-two or tech-prep program, the

11  student must complete a job-preparatory career education

12  program selected by the Workforce Estimating Conference or

13  Workforce Florida, Inc., for its ability to provide high-wage

14  employment in an occupation with high potential for employment

15  opportunities. On-the-job training may not be substituted for

16  any of the three required career and technical credits.

17         (b)  Demonstrates readiness for postsecondary education

18  by earning a passing score on the Florida College Entry Level

19  Placement Test or its equivalent as identified by the

20  Department of Education.

21         (c)  Earns a minimum cumulative weighted grade point

22  average of 3.0, as calculated pursuant to s. 1009.531, on all

23  subjects required for a standard high school diploma,

24  excluding elective courses.

25         (d)  Earns a minimum unweighted grade point average of

26  3.5 on a 4.0 scale for secondary career and technical courses

27  comprising the career and technical  program.

28         (2)  A Florida Gold Seal Vocational Scholar is eligible

29  for an award equal to the amount required to pay 75 percent of

30  tuition and fees, if the student is enrolled in a public

31  postsecondary education institution. A student who is enrolled


                                 955

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  in a nonpublic postsecondary education institution is eligible

 2  for an award equal to the amount that would be required to pay

 3  75 percent of the tuition and mandatory fees of a public

 4  postsecondary education institution at the comparable level.

 5         (3)  To be eligible for a renewal award as a Florida

 6  Gold Seal Vocational Scholar, a student must maintain the

 7  equivalent of a cumulative grade point average of 2.75 on a

 8  4.0 scale with an opportunity for reinstatement one time as

 9  provided in this chapter.

10         (4)  A student may earn a Florida Gold Seal Vocational

11  Scholarship for 110 percent of the number of credit hours

12  required to complete the program, up to 90 credit hours or the

13  equivalent. A Florida Gold Seal Scholar who has a cumulative

14  grade point average of 2.75 in all postsecondary education

15  work attempted may apply for a Florida Medallion Scholars

16  award at any renewal period. All other provisions of that

17  program apply, and the credit-hour limitation must be

18  calculated by subtracting from the student's total eligibility

19  the number of credit hours the student attempted while earning

20  the Gold Seal Vocational Scholarship.

21         Section 429.  Section 1009.537, Florida Statutes, is

22  created to read:

23         1009.537  Eligibility for the Florida Bright Futures

24  Scholarship Program; transition.--

25         (1)  A student who graduates from high school in 1997

26  or earlier and who is eligible for the Florida Undergraduate

27  Scholar's Program pursuant to former s. 240.402 is eligible

28  for the Florida Academic Scholars award as provided in this

29  act. A student who graduates from high school in 1998 or 1999

30  is eligible for the Florida Academic Scholars award if the

31  student meets the criteria in s. 1009.534. However, in lieu of


                                 956

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  satisfying the requirements set forth in s. 1009.534(1)(a), a

 2  student may meet the following criteria:

 3         (a)  Complete a program of at least 24 credits in

 4  advanced-level studies as prescribed by the State Board of

 5  Education, including as a minimum:

 6         1.  Four years of progressively advanced instruction in

 7  language arts, including courses in English composition and

 8  literature.

 9         2.  Four years of progressively advanced instruction in

10  science, including laboratory courses in biology, chemistry,

11  and physics where laboratory facilities are available.

12         3.  Four years of progressively advanced instruction in

13  mathematics, including courses in algebra, geometry, and

14  calculus or trigonometry.

15         4.  Two years of sequential foreign language.

16         5.  One year of instruction in art and music or in

17  either art or music.

18         6.  Three years of instruction in social studies,

19  including courses in American history and government, world

20  history, and comparative political and economic systems.

21         7.  One year of instruction in health and physical

22  education to include assessment, improvement, and maintenance

23  of personal fitness.

24         (b)  Obtain at least the equivalent of an unweighted

25  grade point average of 3.0 on a 4.0 scale for all courses

26  taken for which high school credit may be granted.

27         (c)  Achieve a score of 1180 on the combined verbal and

28  quantitative parts of the Scholastic Aptitude Test, the

29  Scholastic Assessment Test, or the recentered Scholastic

30  Assessment Test of the College Entrance Examination, or an

31  


                                 957

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  equivalent score on the ACT Assessment Program or an

 2  equivalent program.

 3         (d)  Complete a program of community service work, as

 4  approved by the district school board or the administrators of

 5  a nonpublic school, which shall include a minimum of 75 hours

 6  of service work and require the student to identify a social

 7  problem that interests him or her, develop a plan for his or

 8  her personal involvement in addressing the problem, and,

 9  through papers or other presentations, evaluate and reflect

10  upon his or her experience.

11  

12  Students who graduate from high school after 1999 must meet

13  the eligibility criteria pursuant to s. 1009.534.

14         (2)  A student who graduates from high school in 1997

15  or earlier and who is eligible for the Florida Vocational Gold

16  Seal Endorsement Scholarship award pursuant to former s.

17  240.4021 is eligible for the Florida Gold Seal Vocational

18  Scholars award as provided in this act. A student who

19  graduates from high school in 1998 or 1999 is eligible for the

20  Florida Gold Seal Vocational Scholars award if the student

21  meets the criteria in s. 1009.536. However, in lieu of

22  satisfying the grade point average requirement set forth in s.

23  1009.536(1)(c), a student may earn a minimum cumulative

24  unweighted grade point average of 3.0 on a 4.0 scale on all

25  subjects required for a standard high school diploma. Students

26  who graduate from high school after 1999 must meet the

27  eligibility criteria pursuant to s. 1009.536.

28         (3)  Effective for the 1997-1998 academic year, a

29  student is eligible for an initial award of a Florida Merit

30  Scholarship if the student:

31  


                                 958

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (a)1.  Is scheduled to graduate from high school in

 2  1997;

 3         2.  Completes, or is enrolled in all courses required

 4  to complete, the high school college-preparatory coursework

 5  required in this act;

 6         3.  Achieves an unweighted grade point average of 3.0

 7  on a 4.0 scale, or the equivalent, in high school courses that

 8  are adopted by the Board of Regents and recommended by the

 9  State Board of Community Colleges as college-preparatory

10  academic courses; and

11         4.  Earns a score of 970 or above on the combined

12  verbal and quantitative parts of the recentered Scholastic

13  Assessment Test of the College Entrance Examination, or an

14  equivalent score on the ACT Assessment Program; or

15         (b)  Has completed a college-preparatory curriculum in

16  1997 through an approved home school program and has attained

17  a score of 970 on the combined verbal and quantitative parts

18  of the recentered Scholastic Assessment Test of the College

19  Entrance Examination, or an equivalent score on the ACT

20  Assessment Program. Eligibility shall be determined in the

21  same manner as for public school students. For students whose

22  parents are unable to document a college-preparatory

23  curriculum, a score of 1070 on the SAT, or equivalent score on

24  the ACT, shall be required for award eligibility.

25         Section 430.  Section 1009.538, Florida Statutes, is

26  created to read:

27         1009.538  Bright Futures Scholarship recipients

28  attending nonpublic institutions; calculation of

29  awards.--Notwithstanding ss. 1009.53, 1009.534, 1009.535, and

30  1009.536, a student who receives any award under the Florida

31  Bright Futures Scholarship Program, who is enrolled in a


                                 959

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  nonpublic postsecondary education institution, and who is

 2  assessed tuition and fees that are the same as those of a

 3  full-time student at that institution, shall receive a fixed

 4  award calculated by using the average tuition and fee

 5  calculation as prescribed by the Department of Education for

 6  full-time attendance at a public postsecondary education

 7  institution at the comparable level. If the student is

 8  enrolled part-time and is assessed tuition and fees at a

 9  reduced level, the award shall be either one-half of the

10  maximum award or three-fourths of the maximum award, depending

11  on the level of fees assessed.

12         Section 1009.5385, Florida Statutes, is created to

13  read:

14         1009.5385  Use of certain scholarship funds by children

15  of deceased or disabled veterans.--The criteria for the use of

16  scholarship funds which apply to students under the Florida

17  Bright Futures Scholarship Program shall also apply to the

18  children of deceased or disabled veterans who receive

19  scholarships under chapter 295.

20         Section 431.  Section 1009.539, Florida Statutes, is

21  created to read:

22         1009.539  Florida Bright Futures Scholarship Testing

23  Program.--

24         (1)  The State Board of Education shall identify the

25  minimum scores, maximum credit, and course or courses for

26  which credit is to be awarded for each College Level

27  Examination Program (CLEP) general examination, CLEP subject

28  examination, College Board Advanced Placement Program

29  examination, and International Baccalaureate examination. In

30  addition, the State Board of Education shall identify such

31  


                                 960

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  courses in the general education core curriculum of each state

 2  university and community college.

 3         (2)  Each community college and state university must

 4  award credit for specific courses for which competency has

 5  been demonstrated by successful passage of one of these

 6  examinations unless the award of credit duplicates credit

 7  already awarded. Community colleges and universities may not

 8  exempt students from courses without the award of credit if

 9  competencies have been so demonstrated. If a student achieves

10  a passing score as identified by the State Board of Education

11  on an examination required by this section, the student shall

12  receive credit equivalent to successfully completing the

13  equivalent course as identified by the State Board of

14  Education in a state university or community college, provided

15  that such credit is not duplicative of credit already earned

16  by the student.

17         (3)  Students eligible for a Florida Academic Scholars

18  award or a Florida Medallion Scholars award who are admitted

19  to and enroll in a community college or state university

20  shall, prior to registering for courses that may be earned

21  through a CLEP examination and no later than registration for

22  their second term, complete at least five examinations from

23  those specified in subsection (1) in the following areas:

24  English; humanities; mathematics; natural sciences; and social

25  sciences. Successful completion of dual enrollment courses,

26  Advanced Placement examinations, and International

27  Baccalaureate examinations taken prior to high school

28  graduation satisfy this requirement. The State Board of

29  Education shall identify the examinations that satisfy each

30  component of this requirement.

31  


                                 961

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (4)  Each community college and state university shall

 2  pay for the CLEP examinations required pursuant to this

 3  section from the funds appropriated from the Educational

 4  Enhancement Trust Fund. Institutions shall pay no more than

 5  $46 per examination for the program, which shall include

 6  access to a student guide to prepare for the test. The

 7  Department of Education shall negotiate with the College Board

 8  for a reduced rate for the examinations. The institution shall

 9  not charge the student for preparation and administration of

10  the test, access to a student guide to prepare for the test,

11  or recordkeeping and reporting of each student's test results

12  to the department.

13         (5)  The credit awarded pursuant to this section shall

14  apply toward the 120 hours of college credit required pursuant

15  to s. 1007.25(7).

16         (6)  The Department of Education shall track and

17  annually report on the effectiveness of the program, and

18  include information on the number of students participating in

19  the program; the CLEP examinations taken and the passage rate

20  of Florida Academic Scholars and Florida Medallion Scholars

21  award recipients; the use of Advanced Placement and

22  International Baccalaureate examinations and dual enrollment

23  courses to satisfy the requirements of the program; and the

24  course credit provided.

25         Section 432.  Section 1009.54, Florida Statutes, is

26  created to read:

27         1009.54  Critical Teacher Shortage Program.--There is

28  created the Critical Teacher Shortage Program. Funds

29  appropriated by the Legislature for the program shall be

30  deposited in the State Student Financial Assistance Trust

31  Fund. The Comptroller shall authorize expenditures from the


                                 962

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  trust fund upon receipt of vouchers approved by the Department

 2  of Education for the critical teacher shortage programs

 3  established in s. 1009.57, s. 1009.58, or s. 1009.59.  The

 4  Comptroller shall also authorize expenditures from the trust

 5  fund for the "Chappie" James Most Promising Teacher

 6  Scholarship Loan Program and the Critical Teacher Shortage

 7  Scholarship Loan Program recipients who participated in these

 8  programs prior to July 1, 1993, provided that such students

 9  continue to meet the renewal eligibility requirements that

10  were in effect at the time that their original awards were

11  made.  Students who participated in the "Chappie" James Most

12  Promising Teacher Scholarship Loan Program prior to July 1,

13  1993, shall not have their awards reduced as a result of the

14  addition of new students to the program. All scholarship loan

15  repayments pursuant to s. 1009.57 shall be deposited into the

16  State Student Financial Assistance Trust Fund. Any remaining

17  balance at the end of any fiscal year that has been allocated

18  to the program shall remain in the trust fund and be available

19  for the individual programs in future years.

20         Section 433.  Section 1009.55, Florida Statutes, is

21  created to read:

22         1009.55  Rosewood Family Scholarship Program.--

23         (1)  There is created a Rosewood Family Scholarship

24  Program for minority persons with preference given to the

25  direct descendants of the Rosewood families, not to exceed 25

26  scholarships per year.  Funds appropriated by the Legislature

27  for the program shall be deposited in the State Student

28  Financial Assistance Trust Fund.

29         (2)  The Rosewood Family Scholarship Program shall be

30  administered by the Department of Education. The State Board

31  


                                 963

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  of Education shall adopt rules for administering this program

 2  which shall at a minimum provide for the following:

 3         (a)  The annual award to a student shall be up to

 4  $4,000 but should not exceed an amount in excess of tuition

 5  and registration fees.

 6         (b)  If funds are insufficient to provide a full

 7  scholarship to each eligible applicant, the department may

 8  prorate available funds and make a partial award to each

 9  eligible applicant.

10         (c)  The department shall rank eligible initial

11  applicants for the purposes of awarding scholarships with

12  preference being given to the direct descendants of the

13  Rosewood families. The remaining applicants shall be ranked

14  based on need as determined by the Department of Education.

15         (d)  Payment of an award shall be transmitted in

16  advance of the registration period each semester on behalf of

17  the student to the president of the university or community

18  college, or his or her representative, or to the director of

19  the technical school which the recipient is attending.

20         (3)  Beginning with the 1994-1995 academic year, the

21  department is authorized to make awards for undergraduate

22  study to students who:

23         (a)  Meet the general requirements for student

24  eligibility as provided in s. 1009.40, except as otherwise

25  provided in this section.

26         (b)  File an application for the scholarship within the

27  established time limits.

28         (c)  Enroll as certificate-seeking or degree-seeking

29  students at a state university, community college, or

30  technical school authorized by law.

31  


                                 964

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 434.  Section 1009.56, Florida Statutes, is

 2  created to read:

 3         1009.56  Seminole and Miccosukee Indian Scholarships.--

 4         (1)  There is created a Seminole and Miccosukee Indian

 5  Scholarship Program to be administered by the Department of

 6  Education in accordance with rules established by the State

 7  Board of Education.  The Seminole Tribe of Florida and the

 8  Miccosukee Tribe of Indians of Florida shall act in an

 9  advisory capacity in the development of the rules.

10         (2)  The department shall award scholarships to

11  students who:

12         (a)  Have graduated from high school, have earned an

13  equivalency diploma issued by the Department of Education

14  pursuant to s. 1003.435, have earned an equivalency diploma

15  issued by the United States Armed Forces Institute, or have

16  been accepted through an early admission program;

17         (b)  Are enrolled at a state university or community

18  college authorized by Florida law; a nursing diploma school

19  approved by the Board of Nursing; any Florida college,

20  university, or community college which is accredited by an

21  accrediting association whose standards are comparable to the

22  minimum standards required to operate an institution at that

23  level in Florida, as determined by rules of the Commission for

24  Independent Education; or any Florida institution the credits

25  of which are acceptable for transfer to state universities;

26         (c)  Are enrolled as either full-time or part-time

27  undergraduate or graduate students and make satisfactory

28  academic progress as defined by the college or university;

29         (d)  Have been recommended by the Seminole Tribe of

30  Florida or the Miccosukee Tribe of Indians of Florida; and

31  


                                 965

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (e)  Meet the general requirements for student

 2  eligibility as provided in s. 1009.40, except as otherwise

 3  provided in this section.

 4         (3)  Recommendation by the Seminole Tribe of Florida or

 5  the Miccosukee Tribe of Indians of Florida shall:

 6         (a)  Be based upon established standards of financial

 7  need as determined by the respective tribe and the department;

 8         (b)  Be based upon such other eligibility requirements

 9  for student financial assistance as are adopted by the

10  respective tribe; and

11         (c)  Include certification of membership or eligibility

12  for membership in the Seminole Tribe of Florida or the

13  Miccosukee Tribe of Indians of Florida.

14         (4)  The amount of the scholarship shall be determined

15  by the Seminole Tribe of Florida or the Miccosukee Tribe of

16  Indians of Florida, for its respective applicants, within the

17  amount of funds appropriated for this purpose.  The amount

18  shall be prorated accordingly for part-time students. At the

19  beginning of each semester or quarter, the department shall

20  certify the name of each scholarship holder eligible to

21  receive funds for that registration period to the Comptroller,

22  who shall draw a warrant in favor of each scholarship

23  recipient.  Each recipient shall be eligible to have the

24  scholarship renewed from year to year, provided all academic

25  and other requirements of the college or university and rules

26  established by the State Board of Education are met.

27         (5)  The Commissioner of Education shall include

28  amounts sufficient for continuation of this program in the

29  legislative budget requests of the department.

30  

31  


                                 966

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (6)  Funds appropriated by the Legislature for the

 2  program shall be deposited in the State Student Financial

 3  Assistance Trust Fund.

 4         Section 435.  Section 1009.57, Florida Statutes, is

 5  created to read:

 6         1009.57  Florida Teacher Scholarship and Forgivable

 7  Loan Program.--

 8         (1)  There is created the Florida Teacher Scholarship

 9  and Forgivable Loan Program to be administered by the

10  Department of Education. The program shall provide scholarship

11  assistance to eligible students for lower-division

12  undergraduate study and loan assistance to eligible students

13  for upper-division undergraduate and graduate study.  The

14  primary purpose of the program is to attract capable and

15  promising students to the teaching profession, attract

16  teachers to areas of projected or current critical teacher

17  shortage, attract liberal arts and science graduates to

18  teaching, and provide opportunity for persons making midcareer

19  decisions to enter the teaching profession.  The State Board

20  of Education shall adopt rules necessary to administer the

21  program and shall annually identify critical teacher shortage

22  areas.

23         (2)  Within the Florida Teacher Scholarship and

24  Forgivable Loan Program shall be established the "Chappie"

25  James Most Promising Teacher Scholarship which shall be

26  offered to a top graduating senior from each public secondary

27  school in the state.  An additional number of "Chappie" James

28  Most Promising Teacher Scholarship awards shall be offered

29  annually to graduating seniors from private secondary schools

30  in the state which are listed with the Department of Education

31  and accredited by the Southern Association of Colleges and


                                 967

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Schools or any other private statewide accrediting agency

 2  which makes public its standards, procedures, and member

 3  schools.  The private secondary schools shall be in compliance

 4  with regulations of the Office for Civil Rights.  The number

 5  of awards to private secondary school students shall be

 6  proportional to the number of awards available to public

 7  secondary school students and shall be calculated as the ratio

 8  of the number of private to public secondary school seniors in

 9  the state multiplied by the number of public secondary schools

10  in the state.

11         (a)  The scholarship may be used for attendance at a

12  state university, a community college, or an independent

13  institution as defined in s. 1009.89.

14         (b)  The amount of the scholarship is $1,500 and may be

15  renewed for 1 year if the student earns a 2.5 cumulative grade

16  point average and 12 credit hours per term and meets the

17  eligibility requirements for renewal of the award.

18         (c)  To be eligible for the scholarship, a student

19  shall: be ranked within the top quartile of the senior class;

20  have been an active member of a high school future teacher

21  organization, if such organization exists in the student's

22  school; have earned a minimum unweighted cumulative grade

23  point average of 3.0 on a 4.0 scale; file an application

24  within the application period; meet the general requirements

25  for student eligibility as provided in s. 1009.40, except as

26  otherwise provided in this section; and have the intent to

27  enter the public teaching profession in Florida.

28         (d)  Three candidates from each public secondary school

29  and one candidate from each nonpublic secondary school in the

30  state shall be nominated by the principal and a committee of

31  teachers, based on criteria which shall include, but need not


                                 968

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  be limited to, rank in class, standardized test scores,

 2  cumulative grade point average, extracurricular activities,

 3  letters of recommendation, an essay, and a declaration of

 4  intention to teach in a public school in the state.

 5         (e)  From public secondary school nominees, the

 6  Commissioner of Education shall select a graduating senior

 7  from each public high school to receive a scholarship.

 8  Selection of recipients from nonpublic secondary schools shall

 9  be made by a committee appointed by the Commissioner of

10  Education comprised of representatives from nonpublic

11  secondary schools and the Department of Education.

12         (f)  Fifteen percent of scholarships awarded shall be

13  to minority students.  However, in the event that fewer than

14  15 percent of the total eligible nominees are minority

15  students, the commissioner may allocate all award funds as

16  long as a scholarship is reserved for each eligible minority

17  nominee.

18         (3)(a)  Within the Florida Teacher Scholarship and

19  Forgivable Loan Program shall be established the Florida

20  Critical Teacher Shortage Forgivable Loan Program which shall

21  make undergraduate and graduate forgivable loans available to

22  eligible students entering programs of study that lead to a

23  degree in a teaching program in a critical teacher shortage

24  area.  To be eligible for a program loan, a candidate shall:

25         1.  Be a full-time student at the upper-division

26  undergraduate or graduate level in a teacher training program

27  approved by the department pursuant to s. 1004.04 leading to

28  certification in a critical teacher shortage subject area.

29         2.  Have declared an intent to teach, for at least the

30  number of years for which a forgivable loan is received, in

31  publicly funded elementary or secondary schools of Florida in


                                 969

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  a critical teacher shortage area identified by the State Board

 2  of Education. For purposes of this subsection, a school is

 3  publicly funded if it receives at least 75 percent of its

 4  operating costs from governmental agencies and operates its

 5  educational program under contract with a public school

 6  district or the Department of Education.

 7         3.  Meet the general requirements for student

 8  eligibility as provided in s. 1009.40, except as otherwise

 9  provided in this section.

10         4.  If applying for an undergraduate forgivable loan,

11  have maintained a minimum cumulative grade point average of

12  2.5 on a 4.0 scale for all undergraduate work.  Renewal

13  applicants for undergraduate loans shall maintain a minimum

14  cumulative grade point average of at least a 2.5 on a 4.0

15  scale for all undergraduate work and have earned at least 12

16  semester credits per term, or the equivalent.

17         5.  If applying for a graduate forgivable loan, have

18  maintained an undergraduate cumulative grade point average of

19  at least a 3.0 on a 4.0 scale or have attained a Graduate

20  Record Examination score of at least 1,000. Renewal applicants

21  for graduate loans shall maintain a minimum cumulative grade

22  point average of at least a 3.0 on a 4.0 scale for all

23  graduate work and have earned at least 9 semester credits per

24  term, or the equivalent.

25         (b)  An undergraduate forgivable loan may be awarded

26  for 2 undergraduate years, not to exceed $4,000 per year, or

27  for a maximum of 3 years for programs requiring a fifth year

28  of instruction to obtain initial teaching certification.

29         (c)  A graduate forgivable loan may be awarded for 2

30  graduate years, not to exceed $8,000 per year.  In addition to

31  


                                 970

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  meeting criteria specified in paragraph (a), a loan recipient

 2  at the graduate level shall:

 3         1.  Hold a bachelor's degree from any college or

 4  university accredited by a regional accrediting association as

 5  defined by State Board of Education rule.

 6         2.  Not already hold a teaching certificate resulting

 7  from an undergraduate degree in education in an area of

 8  critical teacher shortage as designated by the State Board of

 9  Education.

10         3.  Not have received an undergraduate forgivable loan

11  as provided for in paragraph (b).

12         (d)  Recipients of the Paul Douglas Teacher Scholarship

13  Loan Program as authorized under title IV, part D, subpart 1

14  of the Higher Education Act of 1965, as amended, shall not be

15  eligible to participate in the Florida Critical Teacher

16  Shortage Forgivable Loan Program.

17         (e)  The State Board of Education shall adopt by rule

18  repayment schedules and applicable interest rates under ss.

19  1009.82 and 1009.95. A forgivable loan must be repaid within

20  10 years of completion of a program of studies.

21         1.  Credit for repayment of an undergraduate or

22  graduate forgivable loan shall be in an amount not to exceed

23  $4,000 in loan principal plus applicable accrued interest for

24  each full year of eligible teaching service. However, credit

25  in an amount not to exceed $8,000 in loan principal plus

26  applicable accrued interest shall be given for each full year

27  of eligible teaching service completed at a high-density,

28  low-economic urban school or at a low-density, low-economic

29  rural school, as identified by the State Board of Education.

30         2.  Any forgivable loan recipient who fails to teach in

31  a publicly funded elementary or secondary school in this state


                                 971

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  as specified in this subsection is responsible for repaying

 2  the loan plus accrued interest at 8 percent annually.

 3         3.  Forgivable loan recipients may receive loan

 4  repayment credit for teaching service rendered at any time

 5  during the scheduled repayment period. However, such repayment

 6  credit shall be applicable only to the current principal and

 7  accrued interest balance that remains at the time the

 8  repayment credit is earned.  No loan recipient shall be

 9  reimbursed for previous cash payments of principal and

10  interest.

11         (f)  Funds appropriated by the Legislature for the

12  program shall be deposited in the State Student Financial

13  Assistance Trust Fund.

14         Section 436.  Section 1009.58, Florida Statutes, is

15  created to read:

16         1009.58  Critical teacher shortage tuition

17  reimbursement program.--

18         (1)  A critical teacher shortage tuition reimbursement

19  program shall be established for the purpose of improving the

20  skills and knowledge of current teachers or persons preparing

21  to teach in critical teacher shortage areas.

22         (2)  The State Board of Education shall adopt rules to

23  implement the critical teacher shortage tuition reimbursement

24  program.  Any full-time public school employee or

25  developmental research school employee certified to teach in

26  this state is eligible for the program.  For the purposes of

27  this program, tuition reimbursement shall be limited to

28  courses in critical teacher shortage areas as determined by

29  the State Board of Education.  Such courses shall be:

30         (a)  Graduate-level courses leading to a master's,

31  specialist, or doctoral degree;


                                 972

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  Graduate-level courses leading to a new

 2  certification area; or

 3         (c)  State-approved undergraduate courses leading to an

 4  advanced degree or new certification area.

 5         (3)  Participants may receive tuition reimbursement

 6  payments for up to 9 semester hours, or the equivalent in

 7  quarter hours, per year, at a rate not to exceed $78 per

 8  semester hour, up to a total of 36 semester hours. All tuition

 9  reimbursements shall be contingent on passing an approved

10  course with a minimum grade of 3.0 or its equivalent.

11         (4)  This section shall be implemented only to the

12  extent specifically funded and authorized by law.

13         Section 437.  Section 1009.59, Florida Statutes, is

14  created to read:

15         1009.59  Critical Teacher Shortage Student Loan

16  Forgiveness Program.--

17         (1)  The Critical Teacher Shortage Student Loan

18  Forgiveness Program is established to encourage qualified

19  personnel to seek employment in subject areas in which

20  critical teacher shortages exist, as identified annually by

21  the State Board of Education.  The primary function of the

22  program is to make repayments towards loans received by

23  students from federal programs or commercial lending

24  institutions for the support of postsecondary education study.

25  Repayments are intended to be made to qualified applicants who

26  begin teaching for the first time in designated subject areas,

27  and who apply during their first year of teaching as certified

28  teachers in these subject areas.

29         (2)  From the funds available, the Department of

30  Education may make loan principal repayments as follows:

31  


                                 973

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (a)  Up to $2,500 a year for up to 4 years on behalf of

 2  selected graduates of state-approved undergraduate

 3  postsecondary teacher preparation programs, persons certified

 4  to teach pursuant to any applicable teacher certification

 5  requirements, or selected teacher preparation graduates from

 6  any state participating in the Interstate Agreement on the

 7  Qualification of Educational Personnel.

 8         (b)  Up to $5,000 a year for up to 2 years on behalf of

 9  selected graduates of state-approved graduate postsecondary

10  teacher preparation programs, persons with graduate degrees

11  certified to teach pursuant to any applicable teacher

12  certification requirements, or selected teacher preparation

13  graduates from any state participating in the Interstate

14  Agreement on the Qualification of Educational Personnel.

15         (c)  All repayments shall be contingent on continued

16  proof of employment in the designated subject areas in this

17  state and shall be made directly to the holder of the loan.

18  The state shall not bear responsibility for the collection of

19  any interest charges or other remaining balance.  In the event

20  that designated critical teacher shortage subject areas are

21  changed by the State Board of Education, a teacher shall

22  continue to be eligible for loan forgiveness as long as he or

23  she continues to teach in the subject area for which the

24  original loan repayment was made and otherwise meets all

25  conditions of eligibility.

26         (3)  Students receiving a scholarship loan or a

27  fellowship loan are not eligible to participate in the

28  Critical Teacher Shortage Student Loan Forgiveness Program.

29         (4)  The State Board of Education may adopt rules

30  pursuant to ss. 120.536(1) and 120.54, necessary for the

31  administration of this program.


                                 974

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (5)  This section shall be implemented only to the

 2  extent as specifically funded and authorized by law.

 3         Section 438.  Section 1009.60, Florida Statutes, is

 4  created to read:

 5         1009.60  Minority teacher education scholars

 6  program.--There is created the minority teacher education

 7  scholars program, which is a collaborative performance-based

 8  scholarship program for African-American, Hispanic-American,

 9  Asian-American, and Native American students. The participants

10  in the program include Florida's community colleges and its

11  public and private universities that have teacher education

12  programs.

13         (1)  The minority teacher education scholars program

14  shall provide an annual scholarship of $4,000 for each

15  approved minority teacher education scholar who is enrolled in

16  one of Florida's public or private universities in the junior

17  year and is admitted into a teacher education program.

18         (2)  To assist each participating education institution

19  in the recruitment and retention of minority teacher scholars,

20  the administrators of the Florida Fund for Minority Teachers,

21  Inc., shall implement a systemwide training program. The

22  training program must include an annual conference or series

23  of conferences for students who are in the program or who are

24  identified by a high school or a community college as likely

25  candidates for the program. The training program must also

26  include research about and dissemination concerning successful

27  activities or programs that recruit minority students for

28  teacher education and retain them through graduation,

29  certification, and employment. Staff employed by the

30  corporation may work with each participating education

31  institution to assure that local faculty and administrators


                                 975

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  receive the benefit of all available research and resources to

 2  increase retention of their minority teacher education

 3  scholars.

 4         (3)  The total amount appropriated annually for new

 5  scholarships in the program must be divided by $4,000 and by

 6  the number of participating colleges and universities. Each

 7  participating institution has access to the same number of

 8  scholarships and may award all of them to eligible minority

 9  students. If a college or university does not award all of its

10  scholarships by the date set by the program administration at

11  the Florida Fund for Minority Teachers, Inc., the remaining

12  scholarships must be transferred to another institution that

13  has eligible students.

14         (4)  A student may receive a scholarship from the

15  program for 3 consecutive years if the student remains

16  enrolled full-time in the program and makes satisfactory

17  progress toward a baccalaureate degree with a major in

18  education.

19         (5)  If a minority teacher education scholar graduates

20  and is employed as a teacher by a Florida district school

21  board, the scholar is not required to repay the scholarship

22  amount so long as the scholar teaches in a Florida public

23  school. A scholar may repay the entire scholarship amount by

24  remaining employed as a Florida public school teacher for 1

25  year for each year he or she received the scholarship.

26         (6)  If a minority teacher education scholar does not

27  graduate within 3 years, or if the scholar graduates but does

28  not teach in a Florida public school, the scholar must repay

29  the total amount awarded, plus annual interest of 8 percent.

30         (a)  Interest begins accruing the first day of the 13th

31  month after the month in which the recipient completes an


                                 976

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  approved teacher education program or after the month in which

 2  enrollment as a full-time student is terminated. Interest does

 3  not accrue during any period of deferment or eligible teaching

 4  service.

 5         (b)  The repayment period begins the first day of the

 6  13th month after the month in which the recipient completes an

 7  approved teacher education program or after the month in which

 8  enrollment as a full-time student is terminated.

 9         (c)  The terms and conditions of the scholarship

10  repayment must be contained in a promissory note and a

11  repayment schedule. The loan must be paid within 10 years

12  after the date of graduation or termination of full-time

13  enrollment, including any periods of deferment. A shorter

14  repayment period may be granted. The minimum monthly repayment

15  is $50 or the unpaid balance, unless otherwise approved,

16  except that the monthly payment may not be less than the

17  accruing interest. The recipient may prepay any part of the

18  scholarship without penalty.

19         (d)  The holder of the promissory note may grant a

20  deferment of repayment for a recipient who is a full-time

21  student, who is unable to secure a teaching position that

22  would qualify as repayment, who becomes disabled, or who

23  experiences other hardships. Such a deferment may be granted

24  for a total of 24 months.

25         (e)  If a student defaults on the scholarship, the

26  entire unpaid balance, including interest accrued, becomes due

27  and payable at the option of the holder of the promissory

28  note, or when the recipient is no longer able to pay or no

29  longer intends to pay. The recipient is responsible for paying

30  all reasonable attorney's fees and other costs and charges

31  necessary for administration of the collection process.


                                 977

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 439.  Section 1009.605, Florida Statutes, is

 2  created to read:

 3         1009.605  Florida Fund for Minority Teachers, Inc.--

 4         (1)  There is created the Florida Fund for Minority

 5  Teachers, Inc., which is a not-for-profit statutory

 6  corporation housed in the College of Education at the

 7  University of Florida. The corporation shall administer and

 8  manage the minority teacher education scholars program.

 9         (2)  The corporation shall submit an annual budget

10  projection to the Department of Education to be included in

11  the annual legislative budget request. The projection must be

12  based on a 7-year plan that would be capable of awarding the

13  following schedule of scholarships:

14         (a)  In the initial year, 700 scholarships of $4,000

15  each to scholars in the junior year of college.

16         (b)  In the second year, 350 scholarships to new

17  scholars in their junior year and 700 renewal scholarships to

18  the rising seniors.

19         (c)  In each succeeding year, 350 scholarships to new

20  scholars in the junior year and renewal scholarships to the

21  350 rising seniors.

22         (3)  A board of directors shall administer the

23  corporation. The Governor shall appoint to the board at least

24  15 but not more than 25 members, who shall serve terms of 3

25  years, except that 4 of the initial members shall serve 1-year

26  terms and 4 shall serve 2-year terms. At least 4 members must

27  be employed by public community colleges and at least 11

28  members must be employed by public or private postsecondary

29  institutions that operate colleges of education. At least one

30  member must be a financial aid officer employed by a

31  postsecondary education institution operating in Florida.


                                 978

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Administrative costs for support of the Board of Directors and

 2  the Florida Fund for Minority Teachers may not exceed 5

 3  percent of funds allocated for the program. The board shall:

 4         (a)  Hold meetings to implement this section.

 5         (b)  Select a chairperson annually.

 6         (c)  Make rules for its own government.

 7         (d)  Appoint an executive director to serve at its

 8  pleasure. The executive director shall be the chief

 9  administrative officer and agent of the board.

10         (e)  Maintain a record of its proceedings.

11         (f)  Delegate to the chairperson the responsibility for

12  signing final orders.

13         (g)  Carry out the training program as required for the

14  minority teacher education scholars program. No more than 5

15  percent of the funds appropriated for the minority teacher

16  education scholars program may be expended for administration,

17  including administration of the required training program.

18         Section 440.  Section 1009.61, Florida Statutes, is

19  created to read:

20         1009.61  Teacher/Quest Scholarship Program.--The

21  Teacher/Quest Scholarship Program is created for the purpose

22  of providing teachers with the opportunity to enhance their

23  knowledge of science, mathematics, and computer applications

24  in business, industry, and government. A school district or

25  developmental research school may propose that one or more

26  teachers be granted a Teacher/Quest Scholarship by submitting

27  to the Department of Education:

28         (1)  A project proposal specifying activities a teacher

29  will carry out to improve his or her:

30         (a)  Understanding of mathematical, scientific, or

31  computing concepts;


                                 979

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  Ability to apply and demonstrate such concepts

 2  through instruction;

 3         (c)  Knowledge of career and technical requirements for

 4  competency in mathematics, science, and computing; and

 5         (d)  Ability to integrate and apply technological

 6  concepts from all three fields; and

 7         (2)  A contractual agreement with a private corporation

 8  or governmental agency that implements the project proposal

 9  and guarantees employment to the teacher during a summer or

10  other period when schools are out of session. The agreement

11  must stipulate a salary rate that does not exceed regular

12  rates of pay and a gross salary amount consistent with

13  applicable statutory and contractual provisions for the

14  teacher's employment. The teacher's compensation shall be

15  provided for on an equally matched basis by funds from the

16  employing corporation or agency.

17         Section 441.  Section 1009.62, Florida Statutes, is

18  created to read:

19         1009.62  Grants for teachers for special training in

20  exceptional student education.--

21         (1)  The Department of Education may make grants to

22  teachers for special training in exceptional student education

23  to meet professional requirements with respect thereto, and

24  the department is responsible for the administration of such

25  program.

26         (2)  These grants are limited to teachers who:

27         (a)  Hold a full-time contract to teach in a district

28  school system, a state-operated or state-supported program, or

29  an agency or organization under contract with the Department

30  of Education;

31  


                                 980

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  Hold a valid Florida educator's certificate that

 2  does not reflect an exceptional-student-education coverage or

 3  endorsement that is appropriate for the teacher's assignment;

 4  and

 5         (c)  Satisfactorily complete the eligible courses.

 6         (3)  Grant amounts are to be determined on the basis of

 7  rates established by the Department of Education.

 8         (4)  The Department of Education shall administer this

 9  program under rules established by the State Board of

10  Education.

11         Section 442.  Section 1009.63, Florida Statutes, is

12  created to read:

13         1009.63  Occupational therapist or physical therapist

14  critical shortage program; definitions.--For the purposes of

15  ss. 1009.63-1009.634:

16         (1)  "Critical shortage area" applies to licensed

17  occupational therapists and physical therapists and

18  occupational therapy assistants and physical therapist

19  assistants employed by the public schools of this state.

20         (2)  "Therapist" means occupational therapist or

21  physical therapist.

22         Section 443.  Section 1009.631, Florida Statutes, is

23  created to read:

24         1009.631  Occupational therapist or physical therapist

25  critical shortage program; establishment.--

26         (1)  The occupational therapist or physical therapist

27  critical shortage program is established in the Department of

28  Education for the purpose of attracting capable and promising

29  applicants in the occupational therapy or physical therapy

30  profession to employment in the public schools of this state.

31  The program shall include the Critical Occupational Therapist


                                 981

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  or Physical Therapist Shortage Student Loan Forgiveness

 2  Program, the Critical Occupational Therapist or Physical

 3  Therapist Shortage Scholarship Loan Program, and the Critical

 4  Occupational Therapist or Physical Therapist Shortage Tuition

 5  Reimbursement Program.

 6         (2)  Funds appropriated by the Legislature for the

 7  program shall be deposited in the State Student Financial

 8  Assistance Trust Fund. Any balance in the trust fund at the

 9  end of any fiscal year that has been allocated to the program

10  shall remain therein and shall be available for carrying out

11  the purposes of this section. Funds contained in the trust

12  fund for the program shall be used for the programs specified

13  in subsection (1) for those licensed therapists and therapy

14  assistants employed by the public schools of this state.

15         (3)  The State Board of Education shall annually review

16  the designation of critical shortage areas and shall adopt

17  rules necessary for the implementation of the program.

18         Section 444.  Section 1009.632, Florida Statutes, is

19  created to read:

20         1009.632  Critical Occupational Therapist or Physical

21  Therapist Shortage Student Loan Forgiveness Program.--

22         (1)  There is established the Critical Occupational

23  Therapist or Physical Therapist Shortage Student Loan

24  Forgiveness Program.  The primary function of the program is

25  to make repayments toward loans received by students from

26  institutions for the support of postsecondary study of

27  occupational therapy or physical therapy.  Repayments shall be

28  made to qualified applicants who initiate employment in the

29  public schools of this state and who apply during their first

30  year of employment in a public school setting.

31  


                                 982

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (2)  From the funds available, the Department of

 2  Education is authorized to make loan principal repayments as

 3  follows:

 4         (a)  Up to $2,500 a year for up to 4 years on behalf of

 5  selected graduates of accredited undergraduate postsecondary

 6  occupational therapist or physical therapist preparation

 7  programs.

 8         (b)  Up to $2,500 a year for up to 2 years on behalf of

 9  selected graduates of accredited undergraduate postsecondary

10  occupational therapy or physical therapist assistant

11  preparation programs.

12         (c)  Up to $5,000 a year for up to 2 years on behalf of

13  selected graduates of accredited postbaccalaureate entry level

14  occupational therapist or physical therapist preparation

15  programs.

16         (d)  All repayments shall be contingent on continued

17  proof of employment for 3 years as a therapist or therapy

18  assistant by the public schools in this state and shall be

19  made directly to the holder of the loan. The state shall not

20  bear the responsibility for the collection of any interest

21  charges or other remaining balance.  In the event that a

22  critical shortage is no longer verified, a therapist or

23  therapy assistant shall continue to be eligible for loan

24  forgiveness as long as the therapist or therapy assistant

25  continues to be employed by the public schools of this state

26  and otherwise meets all conditions of eligibility.

27         (3)  Recipients under this program shall not be

28  eligible to participate in the Critical Occupational Therapist

29  or Physical Therapist Shortage Scholarship Loan Program or the

30  Critical Occupational Therapist or Physical Therapist Shortage

31  Tuition Reimbursement Program.


                                 983

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (4)  This section shall be implemented only to the

 2  extent as specifically funded by law.

 3         Section 445.  Section 1009.633, Florida Statutes, is

 4  created to read:

 5         1009.633  Critical Occupational Therapist or Physical

 6  Therapist Shortage Scholarship Loan Program.--

 7         (1)  There is established the Critical Occupational

 8  Therapist or Physical Therapist Shortage Scholarship Loan

 9  Program.

10         (2)  To be eligible, a candidate shall:

11         (a)  Be a full-time student in a therapy assistant

12  program or in the upper division or higher level in an

13  occupational therapist or physical therapist educational

14  program. Occupational therapist and occupational therapy

15  assistant programs must be accredited by the American Medical

16  Association in collaboration with the American Occupational

17  Therapy Association. Physical therapist and physical therapist

18  assistant programs must be accredited by the American Physical

19  Therapy Association.

20         (b)  Have declared an intention to be employed by the

21  public schools of this state for 3 years following completion

22  of the requirements.  In the event critical shortage areas are

23  changed by the State Board of Education, a student shall

24  continue to be eligible for an award as long as the student

25  continues in the therapist educational program for which the

26  initial award was made and the student otherwise meets all

27  other conditions of eligibility.

28         (c)  Meet the general requirements for student

29  eligibility as provided in s. 1009.40, except as otherwise

30  provided in this section.

31  


                                 984

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (d)  Maintain a grade point average of 2.0 on a 4.0

 2  scale for undergraduate college work or a grade point average

 3  of 3.0 on a 4.0 scale for graduate college work.

 4         (3)  A scholarship loan may be awarded for no more than

 5  2 years and may not exceed $4,000 a year.

 6         (4)  The State Board of Education shall adopt by rule

 7  repayment schedules and applicable interest rates under ss.

 8  1009.82 and 1009.95. A scholarship loan must be paid back

 9  within 10 years of completion of a program of studies.

10         (a)  Credit for repayment of a scholarship loan shall

11  be in an amount not to exceed $2,000 plus applicable accrued

12  interest for each full year of employment by the public

13  schools of this state.

14         (b)  Any therapist or therapy assistant who fails to be

15  employed by a public school in this state as specified in this

16  subsection is responsible for repaying the loan plus interest.

17  Repayment schedules and applicable interest rates shall be

18  determined by the rules of the State Board of Education under

19  ss. 1009.82 and 1009.95.

20         (5)  Recipients under this program shall not be

21  eligible to participate in the Critical Occupational Therapist

22  or Physical Therapist Shortage Student Loan Forgiveness

23  Program or the Critical Occupational Therapist or Physical

24  Therapist Shortage Tuition Reimbursement Program.

25         (6)  This section shall be implemented only to the

26  extent specifically funded and authorized by law.

27         Section 446.  Section 1009.634, Florida Statutes, is

28  created to read:

29         1009.634  Critical Occupational Therapist or Physical

30  Therapist Shortage Tuition Reimbursement Program.--

31  


                                 985

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (1)  There is established the Critical Occupational

 2  Therapist or Physical Therapist Shortage Tuition Reimbursement

 3  Program to improve the skills and knowledge of current

 4  therapists and therapy assistants who are employed by the

 5  public school system.

 6         (2)  Any full-time public school employee licensed to

 7  practice occupational therapy or physical therapy in this

 8  state is eligible for the program.

 9         (3)  Participants may receive tuition reimbursement

10  payments for up to 9 semester hours, or the equivalent in

11  quarter hours, per year, at a rate not to exceed $78 per

12  semester hour, up to a total of 36 semester hours. All tuition

13  reimbursements shall be contingent on the participant passing

14  an approved course with a minimum grade of 3.0 or its

15  equivalent.

16         (4)  The participant shall be employed by the public

17  schools of this state for 3 years following completion of the

18  requirements.

19         (5)  Recipients under this program shall not be

20  eligible to participate in the Critical Occupational Therapist

21  or Physical Therapist Shortage Student Loan Forgiveness

22  Program or the Critical Occupational Therapist or Physical

23  Therapist Shortage Scholarship Loan Program.

24         (6)  This section shall be implemented only to the

25  extent specifically funded and authorized by the law.

26         Section 447.  Section 1009.64, Florida Statutes, is

27  created to read:

28         1009.64  Certified Education Paraprofessional Welfare

29  Transition Program.--

30         (1)  There is created the Certified Education

31  Paraprofessional Welfare Transition Program to provide


                                 986

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  education and employment for recipients of public assistance

 2  who are certified to work in schools that, because of the high

 3  proportion of economically disadvantaged children enrolled,

 4  are at risk of poor performance on traditional measures of

 5  achievement.  The program is designed to enable such schools

 6  to increase the number of adults working with the school

 7  children.  However, the increase in personnel working at

 8  certain schools is intended to supplement and not to supplant

 9  the school staff and should not affect current school board

10  employment and staffing policies, including those contained in

11  collective bargaining agreements.  The program is intended to

12  be supported by local, state, and federal program funds for

13  which the participants may be eligible.  Further, the program

14  is designed to provide its participants not only with

15  entry-level employment but also with a marketable credential,

16  a career option, and encouragement to advance.

17         (2)  The Commissioner of Education, the secretary of

18  the Department of Children and Family Services, and the

19  director of the Agency for Workforce Innovation have joint

20  responsibility for planning and conducting the program.

21         (3)  The agencies responsible may make recommendations

22  to the State Board of Education and the Legislature if they

23  find that implementation or operation of the program would

24  benefit from the adoption or waiver of state or federal

25  policy, rule, or law, including recommendations regarding

26  program budgeting.

27         (4)  The agencies shall complete an implementation plan

28  that addresses at least the following recommended components

29  of the program:

30         (a)  A method of selecting participants. The method

31  must not duplicate services provided by those assigned to


                                 987

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  screen participants of the welfare transition program, but

 2  must assure that screening personnel are trained to identify

 3  recipients of public assistance whose personal aptitudes and

 4  motivation make them most likely to succeed in the program and

 5  advance in a career related to the school community.

 6         (b)  A budget for use of incentive funding to provide

 7  motivation to participants to succeed and excel.  The budget

 8  for incentive funding includes:

 9         1.  Funds allocated by the Legislature directly for the

10  program.

11         2.  Funds that may be made available from the federal

12  Workforce Investment Act based on client eligibility or

13  requested waivers to make the clients eligible.

14         3.  Funds made available by implementation strategies

15  that would make maximum use of work supplementation funds

16  authorized by federal law.

17         4.  Funds authorized by strategies to lengthen

18  participants' eligibility for federal programs such as

19  Medicaid, subsidized child care, and transportation.

20  

21  Incentives may include a stipend during periods of college

22  classroom training, a bonus and recognition for a high

23  grade-point average, child care and prekindergarten services

24  for children of participants, and services to increase a

25  participant's ability to advance to higher levels of

26  employment. Nonfinancial incentives should include providing a

27  mentor or tutor, and service incentives should continue and

28  increase for any participant who plans to complete the

29  baccalaureate degree and become a certified teacher. Services

30  may be provided in accordance with family choice by community

31  colleges and school district technical centers, through family


                                 988

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  service centers and full-service schools, or under contract

 2  with providers through central agencies.

 3         (5)  The agencies shall select Department of Children

 4  and Family Services districts to participate in the program. A

 5  district that wishes to participate must demonstrate that a

 6  district school board, a community college board of trustees,

 7  an economic services program administrator, and a regional

 8  workforce board are willing to coordinate to provide the

 9  educational program, support services, employment

10  opportunities, and incentives required to fulfill the intent

11  of this section.

12         (6)(a)  A community college or school district

13  technical center is eligible to participate if it provides a

14  technical certificate program in Child Development Early

15  Intervention as approved by Workforce Florida, Inc. Priority

16  programs provide an option and incentives to articulate with

17  an associate in science degree program or a baccalaureate

18  degree program.

19         (b)  A participating educational agency may earn funds

20  appropriated for performance-based incentive funding for

21  successful outcomes of enrollment and placement of recipients

22  of public assistance who are in the program. In addition, an

23  educational agency is eligible for an incentive award

24  determined by Workforce Florida, Inc., for each recipient of

25  public assistance who successfully completes a program leading

26  to the award of a General Education Development credential.

27         (c)  Historically black colleges or universities that

28  have established programs that serve participants in the

29  welfare transition program are eligible to participate in the

30  Performance Based Incentive Funding Program and may earn an

31  incentive award determined by Workforce Florida, Inc., for


                                 989

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  successful placement of program completers in jobs as

 2  education paraprofessionals in at-risk schools.

 3         (7)(a)  A participating school district shall identify

 4  at-risk schools in which the program participants will work

 5  during the practicum part of their education.  For purposes of

 6  this act, an at-risk school is a school with grades K-3 in

 7  which 50 percent or more of the students enrolled at the

 8  school are eligible for free lunches or reduced-price lunches.

 9  Priority schools are schools whose service zones include the

10  participants' own communities.

11         (b)  A participating school district may use funds

12  appropriated by the Legislature from Agency for Workforce

13  Innovation regional workforce board allotments to provide at

14  least 6 months of on-the-job training to participants in the

15  Certified Education Paraprofessional Welfare Transition

16  Program. Participating school districts may also use funds

17  provided by grant diversion of funds from the welfare

18  transition program for the participants during the practicum

19  portion of their training to earn the certificate required for

20  their employment.

21         (8)  The agencies shall give priority for funding to

22  those programs that provide maximum security for the

23  long-range employment and career opportunities of the program

24  participants. Security is enhanced if employment is provided

25  through a governmental or nongovernmental agency other than

26  the school board, or if the plans assure in another way that

27  the participants will supplement, rather than supplant, the

28  workforce available to the school board. It is the intent of

29  the Legislature that, when a program participant succeeds in

30  becoming a certified education paraprofessional after working

31  successfully in a school during the practicum or on-the-job


                                 990

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  training supported by the program, the participant shall have

 2  the opportunity to continue in full-time employment at the

 3  school that provided the training or at another school in the

 4  district.

 5         Section 448.  Section 1009.65, Florida Statutes, is

 6  created to read:

 7         1009.65  Medical Education Reimbursement and Loan

 8  Repayment Program.--

 9         (1)  To encourage qualified medical professionals to

10  practice in underserved locations where there are shortages of

11  such personnel, there is established the Medical Education

12  Reimbursement and Loan Repayment Program. The function of the

13  program is to make payments that offset loans and educational

14  expenses incurred by students for studies leading to a medical

15  or nursing degree, medical or nursing licensure, or advanced

16  registered nurse practitioner certification or physician

17  assistant licensure. The following licensed or certified

18  health care professionals are eligible to participate in this

19  program: medical doctors with primary care specialties,

20  doctors of osteopathic medicine with primary care specialties,

21  physician's assistants, licensed practical nurses and

22  registered nurses, and advanced registered nurse practitioners

23  with primary care specialties such as certified nurse

24  midwives. Primary care medical specialties for physicians

25  include obstetrics, gynecology, general and family practice,

26  internal medicine, pediatrics, and other specialties which may

27  be identified by the Department of Health.

28         (2)  From the funds available, the Department of Health

29  shall make payments to selected medical professionals as

30  follows:

31  


                                 991

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (a)  Up to $4,000 per year for licensed practical

 2  nurses and registered nurses, up to $10,000 per year for

 3  advanced registered nurse practitioners and physician's

 4  assistants, and up to $20,000 per year for physicians.

 5  Penalties for noncompliance shall be the same as those in the

 6  National Health Services Corps Loan Repayment Program.

 7  Educational expenses include costs for tuition, matriculation,

 8  registration, books, laboratory and other fees, other

 9  educational costs, and reasonable living expenses as

10  determined by the Department of Health.

11         (b)  All payments shall be contingent on continued

12  proof of primary care practice in an area defined in s.

13  395.602(2)(e), or an underserved area designated by the

14  Department of Health, provided the practitioner accepts

15  Medicaid reimbursement if eligible for such reimbursement.

16  Correctional facilities, state hospitals, and other state

17  institutions that employ medical personnel shall be designated

18  by the Department of Health as underserved locations.

19  Locations with high incidences of infant mortality, high

20  morbidity, or low Medicaid participation by health care

21  professionals may be designated as underserved.

22         (c)  The Department of Health may use funds

23  appropriated for the Medical Education Reimbursement and Loan

24  Repayment Program as matching funds for federal loan repayment

25  programs such as the National Health Service Corps State Loan

26  Repayment Program.

27         (3)  The Department of Health may adopt any rules

28  necessary for the administration of the Medical Education

29  Reimbursement and Loan Repayment Program. The department may

30  also solicit technical advice regarding conduct of the program

31  from the Department of Education and Florida universities and


                                 992

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  community colleges.  The Department of Health shall submit a

 2  budget request for an amount sufficient to fund medical

 3  education reimbursement, loan repayments, and program

 4  administration.

 5         Section 449.  Section 1009.66, Florida Statutes, is

 6  created to read:

 7         1009.66  Nursing Student Loan Forgiveness Program.--

 8         (1)  To encourage qualified personnel to seek

 9  employment in areas of this state in which critical nursing

10  shortages exist, there is established the Nursing Student Loan

11  Forgiveness Program.  The primary function of the program is

12  to increase employment and retention of registered nurses and

13  licensed practical nurses in nursing homes and hospitals in

14  the state and in state-operated medical and health care

15  facilities, public schools, birth centers, federally sponsored

16  community health centers, family practice teaching hospitals,

17  and specialty children's hospitals by making repayments toward

18  loans received by students from federal or state programs or

19  commercial lending institutions for the support of

20  postsecondary study in accredited or approved nursing

21  programs.

22         (2)  To be eligible, a candidate must have graduated

23  from an accredited or approved nursing program and have

24  received a Florida license as a licensed practical nurse or a

25  registered nurse or a Florida certificate as an advanced

26  registered nurse practitioner.

27         (3)  Only loans to pay the costs of tuition, books, and

28  living expenses shall be covered, at an amount not to exceed

29  $4,000 for each year of education towards the degree obtained.

30         (4)  Receipt of funds pursuant to this program shall be

31  contingent upon continued proof of employment in the


                                 993

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  designated facilities in this state. Loan principal payments

 2  shall be made by the Department of Health directly to the

 3  federal or state programs or commercial lending institutions

 4  holding the loan as follows:

 5         (a)  Twenty-five percent of the loan principal and

 6  accrued interest shall be retired after the first year of

 7  nursing;

 8         (b)  Fifty percent of the loan principal and accrued

 9  interest shall be retired after the second year of nursing;

10         (c)  Seventy-five percent of the loan principal and

11  accrued interest shall be retired after the third year of

12  nursing; and

13         (d)  The remaining loan principal and accrued interest

14  shall be retired after the fourth year of nursing.

15  

16  In no case may payment for any nurse exceed $4,000 in any

17  12-month period.

18         (5)  There is created the Nursing Student Loan

19  Forgiveness Trust Fund to be administered by the Department of

20  Health pursuant to this section and s. 1009.67 and department

21  rules.  The Comptroller shall authorize expenditures from the

22  trust fund upon receipt of vouchers approved by the Department

23  of Health. All moneys collected from the private health care

24  industry and other private sources for the purposes of this

25  section shall be deposited into the Nursing Student Loan

26  Forgiveness Trust Fund. Any balance in the trust fund at the

27  end of any fiscal year shall remain therein and shall be

28  available for carrying out the purposes of this section and s.

29  1009.67.

30         (6)  In addition to licensing fees imposed under part I

31  of chapter 464, there is hereby levied and imposed an


                                 994

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  additional fee of $5, which fee shall be paid upon licensure

 2  or renewal of nursing licensure. Revenues collected from the

 3  fee imposed in this subsection shall be deposited in the

 4  Nursing Student Loan Forgiveness Trust Fund of the Department

 5  of Health and will be used solely for the purpose of carrying

 6  out the provisions of this section and s. 1009.67. Up to 50

 7  percent of the revenues appropriated to implement this

 8  subsection may be used for the nursing scholarship program

 9  established pursuant to s. 1009.67.

10         (7)(a)  Funds contained in the Nursing Student Loan

11  Forgiveness Trust Fund which are to be used for loan

12  forgiveness for those nurses employed by hospitals, birth

13  centers, and nursing homes must be matched on a

14  dollar-for-dollar basis by contributions from the employing

15  institutions, except that this provision shall not apply to

16  state-operated medical and health care facilities, public

17  schools, county health departments, federally sponsored

18  community health centers, teaching hospitals as defined in s.

19  408.07, family practice teaching hospitals as defined in s.

20  395.805, or specialty hospitals for children as used in s.

21  409.9119. If in any given fiscal quarter there are

22  insufficient funds in the trust fund to grant all eligible

23  applicant requests, awards shall be based on the following

24  priority of employer:  county health departments; federally

25  sponsored community health centers; state-operated medical and

26  health care facilities; public schools; teaching hospitals as

27  defined in s. 408.07; family practice teaching hospitals as

28  defined in s. 395.805; specialty hospitals for children as

29  used in s. 409.9119; and other hospitals, birth centers, and

30  nursing homes.

31  


                                 995

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  All Nursing Student Loan Forgiveness Trust Fund

 2  moneys shall be invested pursuant to s. 18.125.  Interest

 3  income accruing to that portion of the trust fund not matched

 4  shall increase the total funds available for loan forgiveness

 5  and scholarships. Pledged contributions shall not be eligible

 6  for matching prior to the actual collection of the total

 7  private contribution for the year.

 8         (8)  The Department of Health may solicit technical

 9  assistance relating to the conduct of this program from the

10  Department of Education.

11         (9)  The Department of Health is authorized to recover

12  from the Nursing Student Loan Forgiveness Trust Fund its costs

13  for administering the Nursing Student Loan Forgiveness

14  Program.

15         (10)  The Department of Health may adopt rules

16  necessary to administer this program.

17         (11)  This section shall be implemented only as

18  specifically funded.

19         Section 450.  Section 1009.67, Florida Statutes, is

20  created to read:

21         1009.67  Nursing scholarship program.--

22         (1)  There is established within the Department of

23  Health a scholarship program for the purpose of attracting

24  capable and promising students to the nursing profession.

25         (2)  A scholarship applicant shall be enrolled as a

26  full-time or part-time student in the upper division of an

27  approved nursing program leading to the award of a

28  baccalaureate degree or graduate degree to qualify for a

29  nursing faculty position or as an advanced registered nurse

30  practitioner or be enrolled as a full-time or part-time

31  


                                 996

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  student in an approved program leading to the award of an

 2  associate degree in nursing.

 3         (3)  A scholarship may be awarded for no more than 2

 4  years, in an amount not to exceed $8,000 per year. However,

 5  registered nurses pursuing a graduate degree for a faculty

 6  position or to practice as an advanced registered nurse

 7  practitioner may receive up to $12,000 per year. Beginning

 8  July 1, 1998, these amounts shall be adjusted by the amount of

 9  increase or decrease in the consumer price index for urban

10  consumers published by the United States Department of

11  Commerce.

12         (4)  Credit for repayment of a scholarship shall be as

13  follows:

14         (a)  For each full year of scholarship assistance, the

15  recipient agrees to work for 12 months in a faculty position

16  in a college of nursing or community college nursing program

17  in this state or at a health care facility in a medically

18  underserved area as approved by the Department of Health.

19  Scholarship recipients who attend school on a part-time basis

20  shall have their employment service obligation prorated in

21  proportion to the amount of scholarship payments received.

22         (b)  Eligible health care facilities include nursing

23  homes and hospitals in this state, state-operated medical or

24  health care facilities, public schools, county health

25  departments, federally sponsored community health centers,

26  colleges of nursing in universities in this state, and

27  community college nursing programs in this state, family

28  practice teaching hospitals as defined in s. 395.805, or

29  specialty children's hospitals as described in s. 409.9119.

30  The recipient shall be encouraged to complete the service

31  obligation at a single employment site. If continuous


                                 997

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  employment at the same site is not feasible, the recipient may

 2  apply to the department for a transfer to another approved

 3  health care facility.

 4         (c)  Any recipient who does not complete an appropriate

 5  program of studies or who does not become licensed shall repay

 6  to the Department of Health, on a schedule to be determined by

 7  the department, the entire amount of the scholarship plus 18

 8  percent interest accruing from the date of the scholarship

 9  payment. Moneys repaid shall be deposited into the Nursing

10  Student Loan Forgiveness Trust Fund established in s. 1009.66.

11  However, the department may provide additional time for

12  repayment if the department finds that circumstances beyond

13  the control of the recipient caused or contributed to the

14  default.

15         (d)  Any recipient who does not accept employment as a

16  nurse at an approved health care facility or who does not

17  complete 12 months of approved employment for each year of

18  scholarship assistance received shall repay to the Department

19  of Health an amount equal to two times the entire amount of

20  the scholarship plus interest accruing from the date of the

21  scholarship payment at the maximum allowable interest rate

22  permitted by law.  Repayment shall be made within 1 year of

23  notice that the recipient is considered to be in default.

24  However, the department may provide additional time for

25  repayment if the department finds that circumstances beyond

26  the control of the recipient caused or contributed to the

27  default.

28         (5)  Scholarship payments shall be transmitted to the

29  recipient upon receipt of documentation that the recipient is

30  enrolled in an approved nursing program. The Department of

31  Health shall develop a formula to prorate payments to


                                 998

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  scholarship recipients so as not to exceed the maximum amount

 2  per academic year.

 3         (6)  The Department of Health shall adopt rules,

 4  including rules to address extraordinary circumstances that

 5  may cause a recipient to default on either the school

 6  enrollment or employment contractual agreement, to implement

 7  this section and may solicit technical assistance relating to

 8  the conduct of this program from the Department of Health.

 9         (7)  The Department of Health may recover from the

10  Nursing Student Loan Forgiveness Trust Fund its costs for

11  administering the nursing scholarship program.

12         Section 451.  Section 1009.68, Florida Statutes, is

13  created to read:

14         1009.68  Florida Minority Medical Education Program.--

15         (1)  There is created a Florida Minority Medical

16  Education Program to be administered by the Department of

17  Education in accordance with rules established by the State

18  Board of Education. The program shall provide scholarships to

19  enable minority students to pursue a medical education at the

20  University of Florida, the University of South Florida,

21  Florida State University, the University of Miami, or

22  Southeastern University of the Health Sciences, for the

23  purpose of addressing the primary health care needs of

24  underserved groups.

25         (2)  In order to be eligible to receive a scholarship

26  pursuant to this section, an applicant shall:

27         (a)  Be a racial or ethnic minority student.

28         (b)  Be a citizen of the United States and meet the

29  general eligibility requirements as provided in s. 1009.40,

30  except as otherwise provided in this section.

31  


                                 999

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (c)  Have maintained residency in this state for no

 2  less than 1 year preceding the award.

 3         (d)  Be accepted by, and enroll as a full-time student

 4  in, a Florida medical school.

 5         (e)  Have an undergraduate grade point average

 6  established by rule.

 7         (f)  Have received scores on selected examinations

 8  established by rule.

 9         (g)  Meet financial need requirements established by

10  rule.

11         (h)  Agree to serve in a medical corps for a period of

12  not less than 2 years for the purpose of providing health care

13  to underserved individuals in the State of Florida.

14         (3)  In order to renew a scholarship awarded pursuant

15  to this section, a student shall maintain full-time student

16  status and a cumulative grade point average established by

17  rule.

18         (4)  The number of scholarships annually awarded shall

19  be three per school. Priority in the distribution of

20  scholarships shall be given to students with the lowest total

21  family resources.

22         (5)  Funds appropriated by the Legislature for the

23  program shall be deposited in the State Student Financial

24  Assistance Trust Fund. Interest income accruing to the program

25  from funds of the program in the trust fund not allocated

26  shall increase the funds available for scholarships. Any

27  balance in the trust fund at the end of any fiscal year that

28  has been allocated to the program shall remain in the trust

29  fund and shall be available for carrying out the purposes of

30  this section.

31  


                                 1000

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (6)  A scholarship recipient who, upon graduation,

 2  defaults on the commitment to serve in the medical corps for

 3  the full 2 years shall be required to repay all scholarship

 4  money plus interest.

 5         (7)  The State Board of Education shall adopt rules

 6  necessary to implement the provisions of this section.

 7         Section 452.  Section 1009.69, Florida Statutes, is

 8  created to read:

 9         1009.69  Virgil Hawkins Fellows Assistance Program.--

10         (1)  The Virgil Hawkins Fellows Assistance Program

11  shall provide financial assistance for study in law to

12  minority students in the colleges of law at the Florida State

13  University, the University of Florida, the Florida

14  Agricultural and Mechanical University, and the Florida

15  International University. For the purposes of this section, a

16  minority student qualified to receive assistance from the

17  Virgil Hawkins Fellows Assistance Program shall be identified

18  pursuant to policies adopted by the State Board of Education.

19         (2)  Each student who is awarded a fellowship shall be

20  entitled to receive an award under this act for each academic

21  term that the student is in good standing as approved by the

22  law school pursuant to guidelines of the State Board of

23  Education.

24         (3)  If a fellowship vacancy occurs, that slot shall be

25  reassigned and funded as a continuing fellowship for the

26  remainder of the period for which the award was originally

27  designated.

28         (4)  The State Board of Education shall adopt policies,

29  and the Department of Education shall administer the Virgil

30  Hawkins Fellows Assistance Program.

31  


                                 1001

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 453.  Section 1009.70, Florida Statutes, is

 2  created to read:

 3         1009.70  Florida Education Fund.--

 4         (1)  This section shall be known and may be cited as

 5  the "Florida Education Fund Act."

 6         (2)(a)  The Florida Education Fund, a not-for-profit

 7  statutory corporation, is created from a challenge endowment

 8  grant from the McKnight Foundation and operates on income

 9  derived from the investment of endowment gifts and other gifts

10  as provided by state statute and appropriate matching funds as

11  provided by the state.

12         (b)  The amount appropriated to the fund shall be on

13  the basis of $1 for each $2 contributed by private sources.

14  The Florida Education Fund shall certify to the Legislature

15  the amount of donations contributed between July 1, 1990, and

16  June 30, 1991. Only the new donations above the certified base

17  shall be calculated for state matching funds during the first

18  year of the program. In subsequent years, only the new

19  donations above the certified prior year base shall be

20  calculated for state matching funds.

21         (3)  The Florida Education Fund shall use the income of

22  the fund to provide for programs which seek to:

23         (a)  Enhance the quality of higher educational

24  opportunity in this state;

25         (b)  Enhance equality by providing access to effective

26  higher education programs by minority and economically

27  deprived individuals in this state, with particular

28  consideration to be given to the needs of both blacks and

29  women; and

30         (c)  Increase the representation of minorities in

31  faculty and administrative positions in higher education in


                                 1002

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  this state and to provide more highly educated minority

 2  leadership in business and professional enterprises in this

 3  state.

 4         (4)  The Florida Education Fund shall be administered

 5  by a board of directors, which is hereby established.

 6         (a)  The board of directors shall consist of 12

 7  members, to be appointed as follows:

 8         1.  Two laypersons appointed by the Governor;

 9         2.  Two laypersons appointed by the President of the

10  Senate;

11         3.  Two laypersons appointed by the Speaker of the

12  House of Representatives; and

13         4.  Two representatives of state universities, two

14  representatives of public community colleges, and two

15  representatives of independent colleges or universities

16  appointed by the State Board of Education.

17  

18  The board of directors may appoint to the board an additional

19  five members from the private sector for the purpose of

20  assisting in the procurement of private contributions. Such

21  members shall serve as voting members of the board.

22         (b)  Each of the educational sectors in paragraph (a)

23  shall be represented by a president and a faculty member of

24  the corresponding institutions.

25         (c)  Each director shall hold office for a term of 3

26  years or until resignation or removal for cause.  A director

27  may resign at any time by filing his or her written

28  resignation with the executive secretary for the board. The

29  terms of the directors shall be staggered so that the terms of

30  one-third of the directors will expire annually.

31  


                                 1003

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (d)  In the event of a vacancy on the board caused by

 2  other than the expiration of a term, a new member shall be

 3  appointed by the appointing entity in the sector of which the

 4  vacancy occurs.

 5         (e)  Each member is accountable to the Governor for the

 6  proper performance of the duties of his or her office.  The

 7  Governor shall cause any complaint or unfavorable report

 8  received concerning an action of the board or any of its

 9  members to be investigated and shall take appropriate action

10  thereon.  The Governor may remove any member from office for

11  malfeasance, misfeasance, neglect of duty, incompetence, or

12  permanent inability to perform his or her official duties or

13  for pleading nolo contendere to, or being found guilty of, a

14  crime.

15         (5)  The Board of Directors of the Florida Education

16  Fund shall review and evaluate initial programs created by the

17  McKnight Foundation and continue funding the Black Doctorate

18  Fellowship Program and the Junior Fellowship Program if the

19  evaluation is positive, and the board shall identify,

20  initiate, and fund new and creative programs and monitor,

21  review, and evaluate those programs.  The purpose of this

22  commitment is to broaden the participation and funding

23  potential for further significant support of higher education

24  in this state. In addition, the board shall:

25         (a)  Hold such meetings as are necessary to implement

26  the provisions of this section.

27         (b)  Select a chairperson annually.

28         (c)  Adopt and use an official seal in the

29  authentication of its acts.

30         (d)  Make rules for its own government.

31         (e)  Administer this section.


                                 1004

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (f)  Appoint an executive director to serve at its

 2  pleasure and perform all duties assigned by the board.  The

 3  executive director shall be the chief administrative officer

 4  and agent of the board.

 5         (g)  Maintain a record of its proceedings.

 6         (h)  Delegate to the chairperson of the board the

 7  responsibility for signing final orders.

 8         (i)  Utilize existing higher education organizations,

 9  associations, and agencies to carry out its educational

10  programs and purposes with minimal staff employment.

11         (j)  Be empowered to enter into contracts with the

12  Federal Government, state agencies, or individuals.

13         (k)  Receive bequests, gifts, grants, donations, and

14  other valued goods and services.  Such bequests and gifts

15  shall be used only for the purpose or purposes stated by the

16  donor.

17         (6)  The board of directors is authorized to establish

18  a trust fund from the proceeds of the Florida Education Fund.

19  All funds deposited into the trust fund shall be invested

20  pursuant to the provisions of s. 215.47. Interest income

21  accruing to the unused portion of the trust fund shall

22  increase the total funds available for endowments.  The

23  Department of Education may, at the request of the board of

24  directors, administer the fund for investment purposes.

25         (7)  It is the intent of the Legislature that the Board

26  of Directors of the Florida Education Fund recruit eligible

27  residents of the state before it extends its search to

28  eligible nonresidents. However, for the purposes of subsection

29  (8), the board of directors shall recruit eligible residents

30  only. It is further the intent of the Legislature that the

31  


                                 1005

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  board of directors establish service terms, if any, that

 2  accompany the award of moneys from the fund.

 3         (8)  There is created a legal education component of

 4  the Florida Education Fund to provide the opportunity for

 5  minorities to attain representation within the legal

 6  profession proportionate to their representation within the

 7  general population. The legal education component of the

 8  Florida Education Fund includes a law school program and a

 9  pre-law program.

10         (a)  The law school scholarship program of the Florida

11  Education Fund is to be administered by the Board of Directors

12  of the Florida Education Fund for the purpose of increasing by

13  200 the number of minority students enrolled in law schools in

14  this state. Implementation of this program is to be phased in

15  over a 3-year period.

16         1.  The board of directors shall provide financial,

17  academic, and other support to students selected for

18  participation in this program from funds appropriated by the

19  Legislature.

20         2.  Student selection must be made in accordance with

21  rules adopted by the board of directors for that purpose and

22  must be based, at least in part, on an assessment of potential

23  for success, merit, and financial need.

24         3.  Support must be made available to students who

25  enroll in private, as well as public, law schools in this

26  state which are accredited by the American Bar Association.

27         4.  Scholarships must be paid directly to the

28  participating students.

29         5.  Students who participate in this program must agree

30  in writing to sit for The Florida Bar examination and, upon

31  successful admission to The Florida Bar, to either practice


                                 1006

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  law in the state for a period of time equal to the amount of

 2  time for which the student received aid, up to 3 years, or

 3  repay the amount of aid received.

 4         6.  Annually the board of directors shall compile a

 5  report that includes a description of the selection process,

 6  an analysis of the academic progress of all scholarship

 7  recipients, and an analysis of expenditures. This report must

 8  be submitted to the President of the Senate, the Speaker of

 9  the House of Representatives, and the Governor.

10         (b)  The minority pre-law scholarship loan program of

11  the Florida Education Fund is to be administered by the Board

12  of Directors of the Florida Education Fund for the purpose of

13  increasing the opportunity of minority students to prepare for

14  law school.

15         1.  From funds appropriated by the Legislature, the

16  board of directors shall provide for student fees, room,

17  board, books, supplies, and academic and other support to

18  selected minority undergraduate students matriculating at

19  eligible public and independent colleges and universities in

20  Florida.

21         2.  Student selection must be made in accordance with

22  rules adopted by the board of directors for that purpose and

23  must be based, at least in part, on an assessment of potential

24  for success, merit, and financial need.

25         3.  To be eligible, a student must make a written

26  agreement to enter or be accepted to enter a law school in

27  this state within 2 years after graduation or repay the

28  scholarship loan amount plus interest at the prevailing rate.

29         4.  Recipients who fail to gain admission to a law

30  school within the specified period of time, may, upon

31  


                                 1007

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  admission to law school, be eligible to have their loans

 2  canceled.

 3         5.  Minority pre-law scholarship loans shall be

 4  provided to 34 minority students per year for up to 4 years

 5  each, for a total of 136 scholarship loans.  To continue

 6  receipt of scholarship loans, recipients must maintain a 2.75

 7  grade point average for the freshman year and a 3.25 grade

 8  point average thereafter. Participants must also take

 9  specialized courses to enhance competencies in English and

10  logic.

11         6.  The board of directors shall maintain records on

12  all scholarship loan recipients. Participating institutions

13  shall submit academic progress reports to the board of

14  directors following each academic term.  Annually, the board

15  of directors shall compile a report that includes a

16  description of the selection process, an analysis of the

17  academic progress of all scholarship loan recipients, and an

18  analysis of expenditures.  This report must be submitted to

19  the President of the Senate, the Speaker of the House of

20  Representatives, and the Governor.

21         Section 454.  Section 1009.72, Florida Statutes, is

22  created to read:

23         1009.72  Jose Marti Scholarship Challenge Grant

24  Program.--

25         (1)  There is hereby established a Jose Marti

26  Scholarship Challenge Grant Program to be administered by the

27  Department of Education pursuant to this section and rules of

28  the State Board of Education.  The program shall provide

29  matching grants for private sources that raise money for

30  scholarships to be awarded to Hispanic-American students.

31  


                                 1008

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (2)  Funds appropriated by the Legislature for the

 2  program shall be deposited in the State Student Financial

 3  Assistance Trust Fund. The Comptroller shall authorize

 4  expenditures from the trust fund upon receipt of vouchers

 5  approved by the Department of Education.  All moneys collected

 6  from private sources for the purposes of this section shall be

 7  deposited into the trust fund. Any balance in the trust fund

 8  at the end of any fiscal year that has been allocated to the

 9  program shall remain therein and shall be available for

10  carrying out the purposes of the program.

11         (3)  The Legislature shall designate funds to be

12  transferred to the trust fund for the program from the General

13  Revenue Fund.  Such funds shall be divided into challenge

14  grants to be administered by the Department of Education.  All

15  appropriated funds deposited into the trust fund for the

16  program shall be invested pursuant to the provisions of s.

17  18.125. Interest income accruing to that portion of the funds

18  that are allocated to the program in the trust fund and not

19  matched shall increase the total funds available for the

20  program.

21         (4)  The amount appropriated to the trust fund for the

22  program shall be allocated by the department on the basis of

23  one $5,000 challenge grant for each $2,500 raised from private

24  sources. Matching funds shall be generated through

25  contributions made after July 1, 1986, and pledged for the

26  purposes of this section.  Pledged contributions shall not be

27  eligible for matching prior to the actual collection of the

28  total funds.

29         (5)(a)  In order to be eligible to receive a

30  scholarship pursuant to this section, an applicant shall:

31  


                                 1009

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         1.  Be a Hispanic-American, or a person of Spanish

 2  culture with origins in Mexico, South America, Central

 3  America, or the Caribbean, regardless of race.

 4         2.  Be a citizen of the United States and meet the

 5  general requirements for student eligibility as provided in s.

 6  1009.40, except as otherwise provided in this section.

 7         3.  Be accepted at a state university or community

 8  college or any Florida college or university that is

 9  accredited by an association whose standards are comparable to

10  the minimum standards required to operate a postsecondary

11  education institution at that level in Florida.

12         4.  Enroll as a full-time undergraduate or graduate

13  student.

14         5.  Earn a 3.0 unweighted grade point average on a 4.0

15  scale, or the equivalent for high school subjects creditable

16  toward a diploma. If an applicant applies as a graduate

17  student, he or she shall have earned a 3.0 cumulative grade

18  point average for undergraduate college-level courses.

19         (b)  In order to renew a scholarship awarded pursuant

20  to this section, a student must:

21         1.  Earn a grade point average of at least 3.0 on a 4.0

22  scale for the previous term, maintain at least a 3.0 average

23  for college work, or have an average below 3.0 only for the

24  previous term and be eligible for continued enrollment at the

25  institution.

26         2.  Maintain full-time enrollment.

27         (6)  The annual scholarship to each recipient shall be

28  $2,000. Priority in the distribution of scholarships shall be

29  given to students with the lowest total family resources.

30  Renewal scholarships shall take precedence over new awards in

31  any year in which funds are not sufficient to meet the total


                                 1010

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  need.  No undergraduate student shall receive an award for

 2  more than the equivalent of 8 semesters or 12 quarters over a

 3  period of no more than 6 consecutive years, except as

 4  otherwise provided in s. 1009.40(3).  No graduate student

 5  shall receive an award for more than the equivalent of 4

 6  semesters or 6 quarters.

 7         (7)  The criteria and procedure for establishing

 8  standards of eligibility shall be determined by the

 9  department. The department is directed to establish a rating

10  system upon which to base the approval of grants.  Such system

11  shall include a certification of acceptability by the

12  postsecondary institution of the applicant's choice.

13         (8)  Payment of scholarships shall be transmitted to

14  the president of the postsecondary institution that the

15  recipient is attending or to the president's designee.  Should

16  a recipient terminate his or her enrollment during the

17  academic year, the president or his or her designee shall

18  refund the unused portion of the scholarship to the department

19  within 60 days.  In the event that a recipient transfers from

20  one eligible institution to another, his or her scholarship

21  shall be transferable upon approval of the department.

22         (9)  This section shall be implemented to the extent

23  funded and authorized by law.

24         Section 455.  Section 1009.73, Florida Statutes, is

25  created to read:

26         1009.73  Mary McLeod Bethune Scholarship Program.--

27         (1)  There is established the Mary McLeod Bethune

28  Scholarship Program to be administered by the Department of

29  Education pursuant to this section and rules of the State

30  Board of Education. The program shall provide matching grants

31  for private sources that raise money for scholarships to be


                                 1011

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  awarded to students who attend Florida Agricultural and

 2  Mechanical University, Bethune-Cookman College, Edward Waters

 3  College, or Florida Memorial College.

 4         (2)  Funds appropriated by the Legislature for the

 5  program shall be deposited in the State Student Financial

 6  Assistance Trust Fund. The Comptroller shall authorize

 7  expenditures from the trust fund upon receipt of vouchers

 8  approved by the Department of Education.  The Department of

 9  Education shall receive all moneys collected from private

10  sources for the purposes of this section and shall deposit

11  such moneys into the trust fund. Notwithstanding the

12  provisions of s. 216.301 and pursuant to s. 216.351, any

13  balance in the trust fund at the end of any fiscal year that

14  has been allocated to the program shall remain in the trust

15  fund and shall be available for carrying out the purposes of

16  the program.

17         (3)  The Legislature shall appropriate moneys to the

18  trust fund for the program from the General Revenue Fund. Such

19  moneys shall be applied to scholarships to be administered by

20  the Department of Education.  All moneys deposited into the

21  trust fund for the program shall be invested pursuant to the

22  provisions of s. 18.125.  Interest income accruing to the

23  program shall be expended to increase the total moneys

24  available for scholarships.

25         (4)  The moneys in the trust fund for the program shall

26  be allocated by the department among the institutions of

27  higher education listed in subsection (1) on the basis of one

28  $2,000 challenge grant for each $1,000 raised from private

29  sources. Matching funds shall be generated through

30  contributions made after July 1, 1990, and pledged for the

31  purposes of this section. Pledged contributions shall not be


                                 1012

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  eligible for matching prior to the actual collection of the

 2  total funds.  The department shall allocate to each of those

 3  institutions a proportionate share of the contributions

 4  received on behalf of those institutions and a share of the

 5  appropriations and matching funds generated by such

 6  institution.

 7         (5)(a)  In order to be eligible to receive a

 8  scholarship pursuant to this section, an applicant must:

 9         1.  Meet the general eligibility requirements set forth

10  in s. 1009.40.

11         2.  Be accepted at Florida Agricultural and Mechanical

12  University, Bethune-Cookman College, Edward Waters College, or

13  Florida Memorial College.

14         3.  Enroll as a full-time undergraduate student.

15         4.  Earn a 3.0 grade point average on a 4.0 scale, or

16  the equivalent, for high school subjects creditable toward a

17  diploma.

18         (b)  In order to renew a scholarship awarded pursuant

19  to this section, a student must earn a minimum cumulative

20  grade point average of 3.0 on a 4.0 scale and complete 12

21  credits each term for which the student received the

22  scholarship.

23         (6)  The amount of the scholarship to be granted to

24  each recipient is $3,000 annually.  Priority in the awarding

25  of scholarships shall be given to students having financial

26  need as determined by the institution. If funds are

27  insufficient to provide the full amount of the scholarship

28  authorized in this section to each eligible applicant, the

29  institution may prorate available funds and make a partial

30  award to each eligible applicant. A student may not receive an

31  award for more than the equivalent of 8 semesters or 12


                                 1013

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  quarters over a period of 6 consecutive years, except that a

 2  student who is participating in college-preparatory

 3  instruction or who requires additional time to complete the

 4  college-level communication and computation skills testing

 5  program may continue to receive a scholarship while enrolled

 6  for the purpose of receiving college-preparatory instruction

 7  or while completing the testing program.

 8         (7)  The criteria and procedure for establishing

 9  standards of eligibility shall be determined by the

10  department.  The department shall establish a rating system

11  upon which the institutions shall award the scholarships.  The

12  system must require a certification of eligibility issued by

13  the postsecondary institution selected by the applicant.

14         (8)  Scholarship moneys shall be transmitted to the

15  president or the president's designee of the postsecondary

16  institution that the recipient is attending. The president or

17  his or her designee shall submit a report annually to the

18  Department of Education on the scholarships. If a recipient

19  terminates his or her enrollment during the academic year, the

20  president or his or her designee shall refund the unused

21  portion of the scholarship to the department within 60 days.

22  If a recipient transfers from one of the institutions listed

23  in subsection (1) to another of those institutions, the

24  recipient's scholarship is transferable upon approval of the

25  department.

26         (9)  This section shall be implemented in any academic

27  year to the extent funded and authorized by law.

28         (10)  The State Board of Education may adopt any rules

29  necessary to implement the provisions of this section.

30         Section 456.  Section 1009.74, Florida Statutes, is

31  created to read:


                                 1014

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         1009.74  The Theodore R. and Vivian M. Johnson

 2  Scholarship Program.--

 3         (1)  There is established the Theodore R. and Vivian M.

 4  Johnson Scholarship Program to be administered by the

 5  Department of Education. The program shall provide

 6  scholarships to students attending a state university. The

 7  program shall be funded by contributions from the Theodore R.

 8  and Vivian M. Johnson Scholarship Foundation and from state

 9  matching funds to be allocated from the Trust Fund for Major

10  Gifts.

11         (2)  The amount to be allocated to the program shall be

12  on the basis of a 50-percent match of funds from the Trust

13  Fund for Major Gifts for each contribution received from the

14  Theodore R. and Vivian M. Johnson Scholarship Foundation. The

15  funds allocated to the program, including the corpus and

16  interest income, shall be expended for scholarships to benefit

17  disabled students attending a state university.

18         (3)  Students eligible for receipt of scholarship funds

19  shall provide documentation of a disability and shall have a

20  demonstrated financial need for the funds.

21         Section 457.  Section 1009.76, Florida Statutes, is

22  created to read:

23         1009.76  Ethics in Business Scholarship Program for

24  state universities.--The Ethics in Business Scholarship

25  Program for state universities is hereby created, to be

26  administered by the Department of Education. Moneys

27  appropriated and allocated to university foundations for

28  purposes of the program shall be used to create endowments for

29  the purpose of providing scholarships to undergraduate college

30  students enrolled in state institutions of higher learning who

31  register for one or more credit hours in courses in business


                                 1015

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  ethics and who have demonstrated a commitment to serving the

 2  interests of their community. First priority for awarding such

 3  scholarships shall be given to students who demonstrate

 4  financial need.

 5         Section 458.  Section 1009.765, Florida Statutes, is

 6  created to read:

 7         1009.765  Ethics in Business scholarships for community

 8  colleges and independent postsecondary educational

 9  institutions.--When the Department of Insurance receives a $6

10  million settlement as specified in the Consent Order of the

11  Treasurer and Insurance Commissioner, case number 18900-96-c,

12  that portion of the $6 million not used to satisfy the

13  requirements of section 18 of the Consent Order must be

14  transferred from the Insurance Commissioner's Regulatory Trust

15  Fund to the State Student Financial Assistance Trust Fund is

16  appropriated from the State Student Financial Assistance Trust

17  Fund to provide Ethics in Business scholarships to students

18  enrolled in public community colleges and independent

19  postsecondary educational institutions eligible to participate

20  in the William L. Boyd, IV, Florida Resident Access Grant

21  Program under s. 1009.89. The funds shall be allocated to

22  institutions for scholarships in the following ratio:

23  Two-thirds for community colleges and one-third for eligible

24  independent institutions. The Department of Education shall

25  administer the scholarship program for students attending

26  community colleges and independent institutions. These funds

27  must be allocated to institutions that provide an equal amount

28  of matching funds generated by private donors for the purpose

29  of providing Ethics in Business scholarships. Public funds may

30  not be used to provide the match, nor may funds collected for

31  other purposes. Notwithstanding any other provision of law,


                                 1016

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the State Board of Administration shall have the authority to

 2  invest the funds appropriated under this section. The

 3  Department of Education may adopt rules for administration of

 4  the program.

 5         Section 459.  Section 1009.77, Florida Statutes, is

 6  created to read:

 7         1009.77  Florida Work Experience Program.--

 8         (1)  There is established the Florida Work Experience

 9  Program to be administered by the Department of Education. The

10  purpose of the program is to introduce eligible students to

11  work experience that will complement and reinforce their

12  educational program and career goals and provide a self-help

13  student aid program. Such program shall be available to:

14         (a)  Any student attending a state university or

15  community college authorized by Florida law; or

16         (b)  Any student attending a nonprofit Florida

17  postsecondary education institution that is eligible to

18  participate in either of the student assistance grant programs

19  established in ss. 1009.51 and 1009.52.

20         (2)(a)  A participating institution may use up to 25

21  percent of its program allocation for student employment

22  within the institution.

23         (b)  A participating institution may use up to 10

24  percent of its program allocation for program administration.

25         (3)  Each participating institution is authorized to

26  enter into contractual agreements with private or public

27  employers for the purpose of establishing a Florida work

28  experience program.

29         (4)  The participating postsecondary educational

30  institution shall be responsible for reimbursing employers for

31  student wages from moneys it receives from the trust fund


                                 1017

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  pursuant to subsection (8).  Public elementary or secondary

 2  school employers shall be reimbursed for 100 percent of the

 3  student's wages by the participating institution.  All other

 4  employers shall be reimbursed for 70 percent of the student's

 5  wages.  When a college or university employs a student on

 6  campus through this program, other student financial aid funds

 7  may not be used to fund the institution's 30-percent portion

 8  of the student's wages.

 9         (5)  The employer is responsible for furnishing the

10  full cost of any mandatory benefits.  Such benefits may not be

11  considered part of the 30-percent wage requirement total for

12  matching purposes.

13         (6)  A student is eligible to participate in the

14  Florida Work Experience Program if the student:

15         (a)  Is enrolled at an eligible college or university

16  as no less than a half-time undergraduate student in good

17  standing. However, a student may be employed during the break

18  between two consecutive terms or employed, although not

19  enrolled, during a term if the student was enrolled at least

20  half time during the preceding term and preregisters as no

21  less than a half-time student for the subsequent academic

22  term.  A student who attends an institution that does not

23  provide preregistration shall provide documentation of intent

24  to enroll as no less than a half-time student for the

25  subsequent academic term.

26         (b)  Meets the general requirements for student

27  eligibility as provided in s. 1009.40, except as otherwise

28  provided in this section.

29         (c)  Demonstrates financial need.

30         (d)  Maintains a 2.0 cumulative grade point average on

31  a 4.0 scale for all college work.


                                 1018

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (7)  The Department of Education shall prescribe such

 2  rules for the program as are necessary for its administration,

 3  for the determination of eligibility and selection of

 4  institutions to receive funds for students, to ensure the

 5  proper expenditure of funds, and to provide an equitable

 6  distribution of funds between students at public and

 7  independent colleges and universities.

 8         (8)  Funds appropriated by the Legislature for the

 9  Florida Work Experience Program shall be deposited in the

10  State Student Financial Assistance Trust Fund. The Comptroller

11  shall authorize expenditures from the trust fund upon receipt

12  of vouchers approved by the Department of Education. Any

13  balance therein at the end of any fiscal year that has been

14  allocated to the program shall remain therein and shall be

15  available for carrying out the purposes of the program.

16         Section 460.  Section 1009.78, Florida Statutes, is

17  created to read:

18         1009.78  Student Loan Program.--There is hereby created

19  a Student Loan Program, referred to in ss. 1009.78-1009.88 as

20  the program.

21         Section 461.  Section 1009.79, Florida Statutes, is

22  created to read:

23         1009.79  Issuance of revenue bonds pursuant to s. 15,

24  Art. VII, State Constitution.--

25         (1)  The issuance of revenue bonds to finance the

26  establishment of the program, to be payable primarily from

27  payments of interest, principal, and handling charges to the

28  program from the recipients of the loans, and with the other

29  revenues authorized hereby being pledged as additional

30  security, is hereby authorized, subject and pursuant to the

31  


                                 1019

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  provisions of s. 15, Art. VII, State Constitution; the State

 2  Bond Act, ss. 215.57-215.83; and ss. 1009.78-1009.88.

 3         (2)  The amount of such revenue bonds to be issued

 4  shall be determined by the Division of Bond Finance of the

 5  State Board of Administration.  However, the total principal

 6  amount outstanding shall not exceed $80 million, other than

 7  refunding bonds issued pursuant to s. 215.79.

 8         Section 462.  Section 1009.80, Florida Statutes, is

 9  created to read:

10         1009.80  Approval of loans; administration of

11  program.--

12         (1)  The loans to be made with the proceeds of the

13  program shall be determined and approved by the Department of

14  Education, pursuant to rules promulgated by the State Board of

15  Education.  The program shall be administered by the

16  Department of Education as provided by law and the proceeds

17  thereof shall be maintained and secured in the same manner as

18  other public trust funds.

19         (2)  The Department of Education may contract for the

20  purchase of federally insured student loans to be made by

21  other eligible lenders under the guaranteed student loan

22  program; however, any such loans must comply with all

23  applicable requirements of s. 15, Art. VII of the State

24  Constitution, ss. 1009.78-1009.88, the rules of the State

25  Board of Education relating to the guaranteed student loan

26  program, and the proceedings authorizing the student loan

27  revenue bonds, and the loans so purchased shall have been made

28  during the period specified in the contract.

29         (3)  The Department of Education may sell loan notes

30  acquired pursuant to ss. 1009.78-1009.88 to the federally

31  created Student Loan Marketing Association or another


                                 1020

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  federally authorized holder of such notes. The department may

 2  also repurchase loan notes from authorized holders of such

 3  notes.  The department shall comply with applicable federal

 4  law and regulations and the provisions of any agreement with

 5  the Student Loan Marketing Association or the other authorized

 6  holders.

 7         Section 463.  Section 1009.81, Florida Statutes, is

 8  created to read:

 9         1009.81  Loan agreements.--The Department of Education

10  may enter into loan agreements between the department and the

11  recipients of loans from the program for such periods and

12  under such other terms and conditions as may be prescribed by

13  the applicable rules and regulations and mutually agreed upon

14  by the parties thereto in order to carry out the purposes of

15  s. 15, Art. VII, State Constitution and ss. 1009.78-1009.88.

16         Section 464.  Section 1009.82, Florida Statutes, is

17  created to read:

18         1009.82  Terms of loans.--The term of all authorized

19  loans shall be fixed by rules adopted by the state board and

20  the loan agreements to be entered into with the student

21  borrowers.

22         Section 465.  Section 1009.83, Florida Statutes, is

23  created to read:

24         1009.83  Rate of interest and other charges.--The

25  Department of Education shall from time to time fix the

26  interest and other charges to be paid for any student loan, at

27  rates sufficient to pay the interest on revenue bonds issued

28  pursuant to ss. 1009.78-1009.88, plus any costs incident to

29  issuance, sale, security, and retirement thereof, including

30  administrative expenses.

31  


                                 1021

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 466.  Section 1009.84, Florida Statutes, is

 2  created to read:

 3         1009.84  Procurement of insurance as security for

 4  loans.--The Department of Education may contract with any

 5  insurance company or companies licensed to do business in the

 6  state for insurance payable in the event of the death or total

 7  disability of any student borrower in an amount sufficient to

 8  retire the principal and interest owed under a loan made as

 9  provided in ss. 1009.78-1009.88. The cost of any insurance

10  purchased under this section shall be paid by the student

11  borrower as a part of the handling charges for the loan or as

12  a separate item to be paid in connection with the loan.

13         Section 467.  Section 1009.85, Florida Statutes, is

14  created to read:

15         1009.85  Participation in guaranteed student loan

16  program.--The State Board of Education shall adopt rules

17  necessary for participation in the guaranteed student loan

18  program, as provided by the Higher Education Act of 1965 (20

19  U.S.C. ss. 1071 et seq.), as amended or as may be amended. The

20  intent of this act is to authorize student loans when this

21  state, through the Department of Education, has become an

22  eligible lender under the provisions of the applicable federal

23  laws providing for the guarantee of loans to students and the

24  partial payment of interest on such loans by the United States

25  Government.

26         Section 468.  Section 1009.86, Florida Statutes, is

27  created to read:

28         1009.86  Student Loan Operating Trust Fund.--

29         (1)  The Student Loan Operating Trust Fund is hereby

30  created, to be administered by the Department of Education.

31  Funds shall be credited to the trust fund pursuant to the


                                 1022

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Higher Education Act of 1965, as amended, from loan processing

 2  and issuance fees, administrative cost allowances, account

 3  maintenance fees, default aversion fees, amounts remaining

 4  from collection of defaulted loans, amounts borrowed from the

 5  Student Loan Guaranty Reserve Fund, and other amounts

 6  specified in federal regulation. The purpose of the trust fund

 7  is to segregate funds used for administration of the

 8  guaranteed student loan program from the reserve funds used to

 9  guarantee student loans contained in the Student Loan Guaranty

10  Reserve Fund. The fund is exempt from the service charges

11  imposed by s. 215.20.

12         (2)  Notwithstanding the provisions of s. 216.301 and

13  pursuant to s. 216.351, any balance in the trust fund at the

14  end of any fiscal year shall remain in the trust fund at the

15  end of the year and shall be available for carrying out the

16  purposes of the trust fund.

17         (3)  Pursuant to the provisions of s. 19(f)(2), Art.

18  III of the State Constitution, the trust fund shall, unless

19  terminated sooner, be terminated on July 1, 2003. However,

20  prior to its scheduled termination, the trust fund shall be

21  reviewed as provided in s. 215.3206(1) and (2).

22         Section 469.  Section 1009.87, Florida Statutes, is

23  created to read:

24         1009.87  Provisions of ss. 1009.78-1009.88

25  cumulative.--The provisions of ss. 1009.78-1009.88 shall be in

26  addition to the other provisions of this chapter and shall not

27  be construed to be in derogation thereof, except as otherwise

28  expressly provided hereby.

29         Section 470.  Section 1009.88, Florida Statutes, is

30  created to read:

31  


                                 1023

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         1009.88  Validation of bonds.--Revenue bonds issued

 2  pursuant to ss. 1009.78-1009.88 shall be validated in the

 3  manner provided by chapter 75. In actions to validate such

 4  revenue bonds, the complaint shall be filed in the circuit

 5  court of the county where the seat of state government is

 6  situated, the notice required by s. 75.06 to be published

 7  shall be published only in the county where the complaint is

 8  filed, and the complaint and order of the circuit court shall

 9  be served only on the attorney of the circuit in which the

10  action is pending.

11         Section 471.  Section 1009.89, Florida Statutes, is

12  created to read:

13         1009.89  The William L. Boyd, IV, Florida resident

14  access grants.--

15         (1)  The Legislature finds and declares that

16  independent nonprofit colleges and universities eligible to

17  participate in the William L. Boyd, IV, Florida Resident

18  Access Grant Program are an integral part of the higher

19  education system in this state and that a significant number

20  of state residents choose this form of higher education. The

21  Legislature further finds that a strong and viable system of

22  independent nonprofit colleges and universities reduces the

23  tax burden on the citizens of the state. Because the William

24  L. Boyd, IV, Florida Resident Access Grant Program is not

25  related to a student's financial need or other criteria upon

26  which financial aid programs are based, it is the intent of

27  the Legislature that the William L. Boyd, IV, Florida Resident

28  Access Grant Program not be considered a financial aid program

29  but rather a tuition assistance program for its citizens.

30         (2)  The William L. Boyd, IV, Florida Resident Access

31  Grant Program shall be administered by the Department of


                                 1024

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Education. The State Board of Education shall adopt rules for

 2  the administration of the program.

 3         (3)  The department shall issue through the program a

 4  William L. Boyd, IV, Florida resident access grant to any

 5  full-time degree-seeking undergraduate student registered at

 6  an independent nonprofit college or university which is

 7  located in and chartered by the state; which is accredited by

 8  the Commission on Colleges of the Southern Association of

 9  Colleges and Schools; which grants baccalaureate degrees;

10  which is not a state university or state community college;

11  and which has a secular purpose, so long as the receipt of

12  state aid by students at the institution would not have the

13  primary effect of advancing or impeding religion or result in

14  an excessive entanglement between the state and any religious

15  sect. Any independent college or university that was eligible

16  to receive tuition vouchers on January 1, 1989, and which

17  continues to meet the criteria under which its eligibility was

18  established, shall remain eligible to receive William L. Boyd,

19  IV, Florida resident access grant payments.

20         (4)  A person is eligible to receive such William L.

21  Boyd, IV, Florida resident access grant if:

22         (a)  He or she meets the general requirements,

23  including residency, for student eligibility as provided in s.

24  1009.40, except as otherwise provided in this section; and

25         (b)1.  He or she is enrolled as a full-time

26  undergraduate student at an eligible college or university;

27         2.  He or she is not enrolled in a program of study

28  leading to a degree in theology or divinity; and

29         3.  He or she is making satisfactory academic progress

30  as defined by the college or university in which he or she is

31  enrolled.


                                 1025

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (5)(a)  Funding for the William L. Boyd, IV, Florida

 2  Resident Access Grant Program shall be based on a formula

 3  composed of planned enrollment and the state cost of funding

 4  undergraduate enrollment at public institutions pursuant to s.

 5  1011.90. The amount of the William L. Boyd, IV, Florida

 6  resident access grant issued to a full-time student shall be

 7  an amount as specified in the General Appropriations Act. The

 8  William L. Boyd, IV, Florida resident access grant may be paid

 9  on a prorated basis in advance of the registration period. The

10  department shall make such payments to the college or

11  university in which the student is enrolled for credit to the

12  student's account for payment of tuition and fees.

13  Institutions shall certify to the department the amount of

14  funds disbursed to each student and shall remit to the

15  department any undisbursed advances or refunds within 60 days

16  of the end of regular registration. Students shall not be

17  eligible to receive the award for more than 9 semesters or 14

18  quarters, except as otherwise provided in s. 1009.40(3).

19         (b)  If the combined amount of the William L. Boyd, IV,

20  Florida resident access grant issued pursuant to this act and

21  all other scholarships and grants for tuition or fees exceeds

22  the amount charged to the student for tuition and fees, the

23  department shall reduce the William L. Boyd, IV, Florida

24  resident access grant issued pursuant to this act by an amount

25  equal to such excess.

26         (6)  Funds appropriated by the Legislature for the

27  William L. Boyd, IV, Florida Resident Access Grant Program

28  shall be deposited in the State Student Financial Assistance

29  Trust Fund. Notwithstanding the provisions of s. 216.301 and

30  pursuant to s. 216.351, any balance in the trust fund at the

31  end of any fiscal year which has been allocated to the William


                                 1026

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  L. Boyd, IV, Florida Resident Access Grant Program shall

 2  remain therein and shall be available for carrying out the

 3  purposes of this section. If the number of eligible students

 4  exceeds the total authorized in the General Appropriations

 5  Act, an institution may use its own resources to assure that

 6  each eligible student receives the full benefit of the grant

 7  amount authorized.

 8         Section 472.  Part III.c. of chapter 1009, Florida

 9  Statutes, shall be entitled "Role of the Department of

10  Education" and shall consist of ss. 1009.90-1009.96.

11         Section 473.  Section 1009.90, Florida Statutes, is

12  created to read:

13         1009.90  Duties of the Department of Education.--The

14  duties of the department shall include:

15         (1)  Administration of this part and rules adopted by

16  the State Board of Education.

17         (2)  Administration of federal funding, insurance, or

18  reinsurance in full compliance with applicable federal laws

19  and regulations.

20         (3)  Development of written administrative procedures

21  and controls for the administration of each financial aid

22  program conducted by the office, maintenance of program

23  records and documents, timely collection and remittance of

24  insurance premiums, and timely assignment of defaulted loans

25  to collection agencies.

26         (4)  Annual compilation of sources of financial aid

27  available to students in this state.

28         (5)  Biennial analysis of the amount of available

29  financial aid moneys and the effect of such moneys on student

30  access to postsecondary institutions.

31  


                                 1027

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (6)  Biennial internal evaluation of the administrative

 2  efficiency and effectiveness of the office.

 3         (7)  Annual assessment of the accuracy of eligibility

 4  information from a random sample of award recipients.

 5         (8)  Annual review of procedures for the distribution

 6  of state financial aid funds.

 7         (9)  Development and submission of a report, annually,

 8  to the State Board of Education, the President of the Senate,

 9  and the Speaker of the House of Representatives, which shall

10  include, but not be limited to, recommendations for the

11  distribution of state financial aid funds.

12         (10)  Development and evaluation of a comprehensive,

13  long-range program of all sources of student financial aid.

14         (11)  Dissemination of information on available

15  financial aid programs to district school superintendents and

16  other persons who request such information.

17         (12)  Calculation of the amount of need-based student

18  financial aid required to offset fee increases recommended by

19  the State Board of Education and inclusion of such amount

20  within the legislative budget request for student assistance

21  grant programs.

22         Section 474.  Section 1009.91, Florida Statutes, is

23  created to read:

24         1009.91  Assistance programs and activities of the

25  department.--

26         (1)  The department may contract for the administration

27  of the student financial assistance programs as specifically

28  provided in ss. 295.01, 1009.29, 1009.56, and 1009.78.

29         (2)  The department may contract to provide the

30  planning and development activities required pursuant to the

31  provisions of this part.


                                 1028

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (3)  The department shall administer the guarantee of

 2  student loans made by participating commercial financial

 3  institutions in such a manner as to fully comply with

 4  applicable provisions of the Higher Education Act of 1965, as

 5  amended, relating to loan reinsurance.

 6         (4)  The department shall maintain records on the

 7  student loan default rate of each Florida postsecondary

 8  institution and report that information annually to both the

 9  institution and the State Board of Education.

10         Section 475.  Section 1009.92, Florida Statutes, is

11  created to read:

12         1009.92  Funding for programs administered by the

13  department.--

14         (1)  In the preparation of its annual budget, the

15  department shall request that the Legislature continue to

16  provide funding for applicable programs from the General

17  Revenue Fund.

18         (2)  The department is authorized to expend moneys from

19  available trust funds in applicable student financial

20  assistance programs.

21         (3)  There is created a Student Loan Guaranty Reserve

22  Fund, which shall be administered by the department in

23  carrying out the provisions of this act.

24         (4)  The principal sources of operating funds shall be

25  from the earnings from the temporary investment of the Student

26  Loan Guaranty Reserve Fund and from compensation for services

27  performed under contract for the administration of student

28  financial assistance programs pursuant to s. 1009.91.

29         (5)  The department is authorized to accept grant funds

30  under the Leveraging Educational Assistance Program and

31  Supplemental Leveraging Educational Assistance Program of the


                                 1029

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Federal Government, as provided by the Higher Education Act of

 2  1965, as amended.

 3         (6)  The department is authorized to accept federal

 4  advances for the establishment of the Student Loan Guaranty

 5  Reserve Fund pursuant to the Higher Education Act of 1965, as

 6  amended, under agreement with the United States Commissioner

 7  of Education and to maintain such advances until recalled by

 8  the United States Commissioner of Education.

 9         (7)  The department is authorized to assess a student

10  loan insurance premium on each loan guaranteed by the

11  department. The amount of insurance premium will be determined

12  by the department in the amount sufficient to maintain the

13  pledged level of reserve funds but in no event may the amount

14  of the insurance premium exceed the maximum provided by

15  federal law.

16         (8)  The department shall invest, or contract for the

17  temporary investment of, any unencumbered cash, and the

18  interest earned therefrom, except as otherwise provided for by

19  law or covenant, shall accrue to the Student Loan Guaranty

20  Reserve Fund or for the administration of financial aid

21  programs.

22         Section 476.  Section 1009.93, Florida Statutes, is

23  created to read:

24         1009.93  Student financial aid planning and

25  development.--

26         (1)  The department shall administer a student

27  financial aid planning and development program. It is the

28  intent of the Legislature that a specific sum of funds be

29  allocated each year for the purpose of sponsoring the design,

30  development, and implementation of a comprehensive program of

31  student financial aid and of initiating activities of


                                 1030

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  inservice training for student financial aid administrators

 2  and activities to encourage maximum lender participation in

 3  guaranteed loans.

 4         (2)  The objective of a state program is the

 5  maintenance of a state student financial aid program to

 6  supplement a basic national program which will provide equal

 7  access to postsecondary education to citizens of this state

 8  who have the ability and motivation to benefit from a

 9  postsecondary education. In the development of a state program

10  to achieve this objective, it shall be the policy that:

11         (a)  State student financial aid be provided primarily

12  on the basis of financial need;

13         (b)  Students receiving need-based financial aid be

14  expected to contribute toward their cost of education through

15  self-help resources such as savings, work, and loans;

16         (c)  Student financial aid be available to state

17  residents for attendance at accredited public or private

18  institutions of higher education in this state;

19         (d)  Student financial aid be provided for all levels

20  of postsecondary education; and

21         (e)  State student financial aid be administered by a

22  central state agency.

23  

24  Planning and development must be in accordance with the

25  foregoing objective and policies.

26         (3)  The planning and development procedures shall

27  provide for:

28         (a)  The review of public policy;

29         (b)  The development of performance objectives;

30         (c)  The development of alternate approaches;

31         (d)  The evaluation of performance; and


                                 1031

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (e)  The participation and involvement in the planning

 2  process of representatives of the groups affected by a state

 3  program of student financial aid.

 4         (4)  The State Board of Education shall adopt rules

 5  providing for the verification of the independent status of

 6  state financial aid recipients.

 7         (5)  The department shall encourage industry and

 8  education linkages through the development of temporary

 9  employment opportunities for students attending postsecondary

10  institutions in this state.

11         Section 477.  Section 1009.94, Florida Statutes, is

12  created to read:

13         1009.94  Student financial assistance database.--

14         (1)  The Department of Education shall design and

15  maintain a student financial assistance database that can be

16  used to support all aspects of the administration and delivery

17  of state-funded student financial aid.  In addition, the

18  database must have the capability of providing policymakers

19  with comprehensive information regarding the various financial

20  assistance programs available to students attending Florida

21  postsecondary education institutions.

22         (2)  For purposes of this section, financial assistance

23  includes:

24         (a)  For all students, any scholarship, grant, loan,

25  fee waiver, tuition assistance payment, or other form of

26  compensation provided from state or federal funds.

27         (b)  For students attending public institutions, any

28  scholarship, grant, loan, fee waiver, tuition assistance

29  payment, or other form of compensation supported by

30  institutional funds.

31  


                                 1032

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (3)  The database must include records on any student

 2  receiving any form of financial assistance as described in

 3  subsection (2).  Institutions participating in any state

 4  financial assistance program shall annually submit such

 5  information to the Department of Education in a format

 6  prescribed by the department and consistent with the

 7  provisions of s. 1002.22.

 8         Section 478.  Section 1009.95, Florida Statutes, is

 9  created to read:

10         1009.95  Delinquent accounts.--

11         (1)  The Department of Education is directed to exert

12  every lawful and reasonable effort to collect all delinquent

13  unpaid and uncanceled scholarship loan notes, student loan

14  notes, and defaulted guaranteed loan notes.

15         (2)  The department may establish a recovery account

16  into which unpaid and uncanceled scholarship loan note,

17  student loan note, and defaulted guaranteed loan note accounts

18  may be transferred.

19         (3)  The department may settle any delinquent unpaid

20  and uncanceled scholarship loan notes, student loan notes, and

21  defaulted guaranteed loan notes and employ the service of a

22  collection agent when deemed advisable in collecting

23  delinquent or defaulted accounts. However, no collection agent

24  may be paid a commission in excess of 35 percent of the amount

25  collected. Any expense incurred by the department in enforcing

26  the collection of a loan note may be borne by the signer of

27  the note and may be added to the amount of the principal of

28  such note.

29         (4)  The department may charge off unpaid and

30  uncanceled scholarship loan notes and student loan notes which

31  are at least 3 years delinquent and which prove uncollectible


                                 1033

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  after good faith collection efforts.  However, a delinquent

 2  account with a past due balance of $25 or less may be charged

 3  off as uncollectible when it becomes 6 months past due and the

 4  cost of further collection effort or assignment to a

 5  collection agent would not be warranted.

 6         (5)  No individual borrower who has been determined to

 7  be in default in making legally required scholarship loan,

 8  student loan, or guaranteed loan repayments shall be furnished

 9  with his or her academic transcripts or other student records

10  until such time as the loan is paid in full or the default

11  status has been removed.

12         (6)  The department may charge an individual borrower

13  who has been determined to be in default in making legally

14  required loan repayments the maximum interest rate authorized

15  by law.

16         (7)  The State Board of Education shall adopt such

17  rules as are necessary to regulate the collection, settlement,

18  and charging off of delinquent unpaid and uncanceled

19  scholarship loan notes, student loan notes, and defaulted

20  guaranteed loan notes.

21         Section 479.  Section 1009.96, Florida Statutes, is

22  created to read:

23         1009.96  Annual review of financial assistance

24  programs.--All new and existing financial assistance programs

25  authorized under this chapter which are not funded for 3

26  consecutive years after enactment shall stand repealed.

27  Financial assistance programs provided under this part on July

28  1, 1992, which lose funding for 3 consecutive years shall

29  stand repealed. The Department of Education shall annually

30  review the legislative appropriation for financial assistance

31  programs to identify such programs.


                                 1034

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 480.  Part IV of chapter 1009, Florida

 2  Statutes, shall be entitled "Prepaid College Board Programs"

 3  and shall consist of ss. 1009.97-1009.984.

 4         Section 481.  Section 1009.97, Florida Statutes, is

 5  created to read:

 6         1009.97  General provisions.--

 7         (1)  LEGISLATIVE FINDING; EDUCATIONAL OPPORTUNITY.--The

 8  Legislature recognizes that educational opportunity at the

 9  postsecondary level is a critical state interest and is best

10  ensured through the provision of postsecondary institutions

11  that are geographically and financially accessible, that

12  affordability and accessibility of higher education are

13  essential to the welfare and well-being of the residents of

14  the state and are a critical state interest, and that

15  promoting and enhancing financial access to postsecondary

16  institutions serve a legitimate public purpose.

17         (2)  LEGISLATIVE INTENT.--It is the intent of the

18  Legislature that a prepaid program be established through

19  which many of the costs associated with postsecondary

20  attendance may be paid in advance and fixed at a guaranteed

21  level for the duration of undergraduate enrollment and that

22  this program fosters timely financial planning for

23  postsecondary attendance and to encourage employer

24  participation in such planning through program contributions

25  on behalf of employees and the dependents of employees. It is

26  further the intent of the Legislature that a savings program

27  be established as a supplement and alternative to the prepaid

28  program to allow persons to make contributions to a trust

29  account to meet some or all of the qualified higher education

30  expenses of a designated beneficiary, consistent with federal

31  law authorizing such programs, but without a guarantee by the


                                 1035

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  state that such contributions, together with the investment

 2  return on such contributions, if any, will be adequate to pay

 3  for qualified higher education expenses, to enable

 4  participants to save for qualified higher education expenses,

 5  and to provide a choice to persons who determine that the

 6  overall educational needs of their families are best suited to

 7  a savings program or who wish to save to meet postsecondary

 8  educational needs beyond the traditional 4-year curriculum.

 9  Finally, the Legislature intends that the prepaid program and

10  the savings program be conducted in a manner to maximize

11  program efficiency and effectiveness.

12         (3)  DEFINITIONS.--As used in ss. 1009.97-1009.984, the

13  term:

14         (a)  "Advance payment contract" means a contract

15  entered into by the board and a purchaser pursuant to s.

16  1009.98.

17         (b)  "Board" means the Florida Prepaid College Board.

18         (c)  "Trust fund" means the Florida Prepaid College

19  Trust Fund.

20         (d)  "Prepaid program" means the Florida Prepaid

21  College Program established pursuant to s. 1009.98.

22         (e)  "Purchaser" means a person who makes or is

23  obligated to make advance registration or dormitory residence

24  payments in accordance with an advance payment contract.

25         (f)  "Qualified beneficiary" means:

26         1.  A resident of this state at the time a purchaser

27  enters into an advance payment contract on behalf of the

28  resident;

29         2.  A nonresident who is the child of a noncustodial

30  parent who is a resident of this state at the time that such

31  


                                 1036

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  parent enters into an advance payment contract on behalf of

 2  the child; or

 3         3.  For purposes of advance payment contracts entered

 4  into pursuant to s. 1009.983, a graduate of an accredited high

 5  school in this state who is a resident of this state at the

 6  time he or she is designated to receive the benefits of the

 7  advance payment contract.

 8         (g)  "Registration fee" means tuition fee, financial

 9  aid fee, building fee, and Capital Improvement Trust Fund fee.

10         (h)  "State postsecondary institution" means any public

11  community college or state university.

12         (i)  "Benefactor" means any person making a deposit,

13  payment, contribution, gift, or other expenditure into the

14  savings program.

15         (j)  "Designated beneficiary" means:

16         1.  Any individual designated in the participation

17  agreement;

18         2.  Any individual defined in s. 152(a)(1)-(8) of the

19  Internal Revenue Code; or

20         3.  Any individual receiving a scholarship from

21  interests in the program purchased by a state or local

22  government or an organization described in s. 501(c)(3) of the

23  Internal Revenue Code.

24         (k)  "Eligible educational institution" means an

25  institution of higher education that qualifies under s. 529 of

26  the Internal Revenue Code as an eligible educational

27  institution.

28         (l)  "Internal Revenue Code" means the Internal Revenue

29  Code of 1986, as defined in s. 220.03(1), and regulations

30  adopted pursuant thereto.

31  


                                 1037

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (m)  "Participation agreement" means an agreement

 2  between the board and a benefactor for participation in the

 3  savings program for a designated beneficiary.

 4         (n)  "Savings program" means the Florida College

 5  Savings Program established pursuant to s. 1009.981.

 6         (o)  "Qualified higher education expenses" means higher

 7  education expenses permitted under s. 529 of the Internal

 8  Revenue Code and required for the enrollment or attendance of

 9  a designated beneficiary at an eligible educational

10  institution, including undergraduate and graduate schools, and

11  any other higher education expenses that are permitted under

12  s. 529 of the Internal Revenue Code.

13         (p)  "Prepaid fund" means the fund within the trust

14  fund into which moneys belonging to the prepaid program are

15  deposited and held.

16         (q)  "Savings fund" means the fund within the trust

17  fund into which moneys belonging to the savings program are

18  deposited and held.

19         Section 482.  Section 1009.971, Florida Statutes, is

20  created to read:

21         1009.971  Florida Prepaid College Board.--

22         (1)  FLORIDA PREPAID COLLEGE BOARD; CREATION.--The

23  Florida Prepaid College Board is hereby created as a body

24  corporate with all the powers of a body corporate for the

25  purposes delineated in this section. The board shall

26  administer the prepaid program and the savings program, and

27  shall perform essential governmental functions as provided in

28  ss. 1009.97-1009.984. For the purposes of s. 6, Art. IV of the

29  State Constitution, the board shall be assigned to and

30  administratively housed within the State Board of

31  


                                 1038

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Administration, but it shall independently exercise the powers

 2  and duties specified in ss. 1009.97-1009.984.

 3         (2)  FLORIDA PREPAID COLLEGE BOARD; MEMBERSHIP.--The

 4  board shall consist of seven members to be composed of the

 5  Attorney General, the Chief Financial Officer, the Deputy

 6  Commissioner of Colleges and Universities, the Deputy

 7  Commissioner of Community Colleges, and three members

 8  appointed by the Governor and subject to confirmation by the

 9  Senate. Each member appointed by the Governor shall possess

10  knowledge, skill, and experience in the areas of accounting,

11  actuary, risk management, or investment management. Each

12  member of the board not appointed by the Governor may name a

13  designee to serve on the board on behalf of the member;

14  however, any designee so named shall meet the qualifications

15  required of gubernatorial appointees to the board. Members

16  appointed by the Governor shall serve terms of 3 years. Any

17  person appointed to fill a vacancy on the board shall be

18  appointed in a like manner and shall serve for only the

19  unexpired term. Any member shall be eligible for reappointment

20  and shall serve until a successor qualifies. Members of the

21  board shall serve without compensation but shall be reimbursed

22  for per diem and travel in accordance with s. 112.061. Each

23  member of the board shall file a full and public disclosure of

24  his or her financial interests pursuant to s. 8, Art. II of

25  the State Constitution and corresponding statute.

26         (3)  FLORIDA PREPAID COLLEGE BOARD; ELECTIONS;

27  MEETINGS.--The board shall annually elect a board member to

28  serve as chair and a board member to serve as vice chair and

29  shall designate a secretary-treasurer who need not be a member

30  of the board. The secretary-treasurer shall keep a record of

31  the proceedings of the board and shall be the custodian of all


                                 1039

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  printed material filed with or by the board and of its

 2  official seal.  Notwithstanding the existence of vacancies on

 3  the board, a majority of the members shall constitute a

 4  quorum. The board shall take no official action in the absence

 5  of a quorum.  The board shall meet, at a minimum, on a

 6  quarterly basis at the call of the chair.

 7         (4)  FLORIDA PREPAID COLLEGE BOARD; POWERS AND

 8  DUTIES.--The board shall have the powers and duties necessary

 9  or proper to carry out the provisions of ss. 1009.97-1009.984,

10  including, but not limited to, the power and duty to:

11         (a)  Appoint an executive director to serve as the

12  chief administrative and operational officer of the board and

13  to perform other duties assigned to him or her by the board.

14         (b)  Adopt an official seal and rules.

15         (c)  Sue and be sued.

16         (d)  Make and execute contracts and other necessary

17  instruments.

18         (e)  Establish agreements or other transactions with

19  federal, state, and local agencies, including state

20  universities and community colleges.

21         (f)  Administer the trust fund in a manner that is

22  sufficiently actuarially sound to defray the obligations of

23  the prepaid program and the savings program, considering the

24  separate purposes and objectives of each program. The board

25  shall annually evaluate or cause to be evaluated the actuarial

26  soundness of the prepaid fund. If the board perceives a need

27  for additional assets in order to preserve actuarial soundness

28  of the prepaid program, the board may adjust the terms of

29  subsequent advance payment contracts to ensure such soundness.

30         (g)  Invest funds not required for immediate

31  disbursement.


                                 1040

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (h)  Appear in its own behalf before boards,

 2  commissions, or other governmental agencies.

 3         (i)  Hold, buy, and sell any instruments, obligations,

 4  securities, and property determined appropriate by the board.

 5         (j)  Require a reasonable length of state residence for

 6  qualified beneficiaries.

 7         (k)  Segregate contributions and payments to the trust

 8  fund into the appropriate fund.

 9         (l)  Procure and contract for goods and services,

10  employ personnel, and engage the services of private

11  consultants, actuaries, managers, legal counsel, and auditors

12  in a manner determined to be necessary and appropriate by the

13  board.

14         (m)  Solicit and accept gifts, grants, loans, and other

15  aids from any source or participate in any other way in any

16  government program to carry out the purposes of ss.

17  1009.97-1009.984.

18         (n)  Require and collect administrative fees and

19  charges in connection with any transaction and impose

20  reasonable penalties, including default, for delinquent

21  payments or for entering into an advance payment contract or a

22  participation agreement on a fraudulent basis.

23         (o)  Procure insurance against any loss in connection

24  with the property, assets, and activities of the trust fund or

25  the board.

26         (p)  Impose reasonable time limits on use of the

27  benefits provided by the prepaid program or savings program.

28  However, any such limitations shall be specified within the

29  advance payment contract or the participation agreement,

30  respectively.

31  


                                 1041

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (q)  Delineate the terms and conditions under which

 2  payments may be withdrawn from the trust fund and impose

 3  reasonable fees and charges for such withdrawal. Such terms

 4  and conditions shall be specified within the advance payment

 5  contract or the participation agreement.

 6         (r)  Provide for the receipt of contributions in lump

 7  sums or installment payments.

 8         (s)  Require that purchasers of advance payment

 9  contracts or benefactors of participation agreements verify,

10  under oath, any requests for contract conversions,

11  substitutions, transfers, cancellations, refund requests, or

12  contract changes of any nature. Verification shall be

13  accomplished as authorized and provided for in s.

14  92.525(1)(a).

15         (t)  Delegate responsibility for administration of one

16  or both of the comprehensive investment plans required in s.

17  1009.973 to persons the board determines to be qualified. Such

18  persons shall be compensated by the board.

19         (u)  Endorse insurance coverage written exclusively for

20  the purpose of protecting advance payment contracts, and

21  participation agreements, and the purchasers, benefactors, and

22  beneficiaries thereof, including group life policies and group

23  disability policies, which are exempt from the provisions of

24  part V of chapter 627.

25         (v)  Form strategic alliances with public and private

26  entities to provide benefits to the prepaid program, savings

27  program, and participants of either or both programs.

28         (w)  Solicit proposals and contract, pursuant to s.

29  287.057, for the marketing of the prepaid program or the

30  savings program, or both together. Any materials produced for

31  the purpose of marketing the prepaid program or the savings


                                 1042

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  program shall be submitted to the board for review. No such

 2  materials shall be made available to the public before the

 3  materials are approved by the board. Any educational

 4  institution may distribute marketing materials produced for

 5  the prepaid program or the savings program; however, all such

 6  materials shall be approved by the board prior to

 7  distribution. Neither the state nor the board shall be liable

 8  for misrepresentation of the prepaid program or the savings

 9  program by a marketing agent.

10         (x)  Establish other policies, procedures, and criteria

11  to implement and administer the provisions of ss.

12  1009.97-1009.984.

13         (y)  Adopt procedures to govern contract dispute

14  proceedings between the board and its vendors.

15         (5)  FLORIDA PREPAID COLLEGE BOARD; CONTRACTUAL

16  SERVICES.--The board shall solicit proposals and contract,

17  pursuant to s. 287.057, for:

18         (a)  The services of records administrators.

19         (b)  Investment consultants to review the performance

20  of the board's investment managers and advise the board on

21  investment management and performance and investment policy,

22  including the contents of the comprehensive investment plans.

23         (c)  Trustee services firms to provide trustee and

24  related services to the board. The trustee services firm shall

25  agree to meet the obligations of the board to qualified

26  beneficiaries if moneys in the fund fail to offset the

27  obligations of the board as a result of imprudent selection or

28  supervision of investment programs by such firm.

29         (d)  Investment managers to provide investment

30  portfolios for the prepaid program or the savings program.

31  Investment managers shall be limited to authorized insurers as


                                 1043

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  defined in s. 624.09, banks as defined in s. 658.12,

 2  associations as defined in s. 665.012, authorized Securities

 3  and Exchange Commission investment advisers, and investment

 4  companies as defined in the Investment Company Act of 1940.

 5  All investment managers shall have their principal place of

 6  business and corporate charter located and registered in the

 7  United States. In addition, each investment manager shall

 8  agree to meet the obligations of the board to qualified

 9  beneficiaries if moneys in the fund fail to offset the

10  obligations of the board as a result of imprudent investing by

11  such provider. Each authorized insurer shall evidence superior

12  performance overall on an acceptable level of surety in

13  meeting its obligations to its policyholders and other

14  contractual obligations. Only qualified public depositories

15  approved by the Insurance Commissioner and Treasurer shall be

16  eligible for board consideration. Each investment company

17  shall provide investment plans as specified within the request

18  for proposals.

19  

20  The goals of the board in procuring such services shall be to

21  provide all purchasers and benefactors with the most secure,

22  well-diversified, and beneficially administered prepaid

23  program or savings program possible, to allow all qualified

24  firms interested in providing such services equal

25  consideration, and to provide such services to the state at no

26  cost and to the purchasers and benefactors at the lowest cost

27  possible. Evaluations of proposals submitted pursuant to this

28  subsection shall include, but not be limited to, fees and

29  other costs that are charged to purchasers or benefactors that

30  affect account values, or that impact the operational costs of

31  the prepaid program or the savings program; past experience


                                 1044

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  and past performance in providing the required services;

 2  financial history and current financial strength and capital

 3  adequacy to provide the required services; and capabilities

 4  and experience of the proposed personnel that will provide the

 5  required services.

 6         (6)  QUALIFIED TUITION PROGRAM STATUS.--Notwithstanding

 7  any other provision of ss. 1009.97-1009.984, the board may

 8  adopt rules necessary for the prepaid program and the savings

 9  program each to retain its status as a "qualified tuition

10  program" in order to maintain its tax exempt status or other

11  similar status of the program, purchasers, and qualified

12  beneficiaries under the Internal Revenue Code. The board shall

13  inform participants in the prepaid program and the savings

14  program of changes to the tax or securities status of advance

15  purchase contracts and participation agreements.

16         Section 483.  Section 1009.972, Florida Statutes, is

17  created to read:

18         1009.972  Florida Prepaid College Trust Fund.--

19         (1)  There is created within the State Board of

20  Administration the Florida Prepaid College Trust Fund. The

21  trust fund shall be segregated into two separate funds, the

22  prepaid fund and the savings fund.

23         (2)  The prepaid fund shall consist of state

24  appropriations, moneys acquired from other governmental or

25  private sources for the prepaid program, and moneys remitted

26  in accordance with advance payment contracts. Dividends,

27  interest, and gains accruing to the prepaid fund shall

28  increase the total funds available for the prepaid program. If

29  dividends, interest, and gains for the prepaid fund exceed the

30  amount necessary for program administration and disbursements,

31  


                                 1045

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the board may designate an additional percentage of the

 2  prepaid fund to serve as a contingency fund.

 3         (3)  The savings fund shall consist of appropriations,

 4  moneys acquired from other governmental or private sources for

 5  the savings program, and moneys remitted in accordance with

 6  participation agreements. The amounts on deposit in the

 7  savings fund shall remain therein and shall be available

 8  solely for carrying out the purposes of the savings program.

 9         (4)  Any balance contained within the trust fund, and

10  within each fund in the trust fund, at the end of a fiscal

11  year shall remain therein and shall be available for carrying

12  out the purposes of each respective program and the

13  direct-support organization established pursuant to s.

14  1009.983. Moneys contained within the trust fund shall be

15  exempt from the investment requirements of s. 18.10. All funds

16  deposited in the prepaid fund may be invested pursuant to s.

17  215.47. Any funds of a direct-support organization created

18  pursuant to s. 1009.983 shall be exempt from the provisions of

19  this section.

20         (5)  Notwithstanding the provisions of chapter 717,

21  funds associated with terminated advance payment contracts

22  pursuant to s. 1009.98(4)(k) and canceled contracts for which

23  no refunds have been claimed shall be retained by the board.

24  The board shall establish procedures for notifying purchasers

25  who subsequently cancel their advance payment contracts of any

26  unclaimed refund and shall establish a time period after which

27  no refund may be claimed by a purchaser who canceled a

28  contract. The board may transfer funds retained from such

29  terminated advance payment contracts and cancelled contracts

30  to the Florida Prepaid Tuition Scholarship Program to provide

31  matching funds for prepaid tuition scholarships for


                                 1046

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  economically disadvantaged youth that remain drug free and

 2  crime free.

 3         (6)  The assets of the prepaid fund and the savings

 4  fund shall be maintained, invested, and expended solely for

 5  the purposes of the prepaid program and the savings program,

 6  respectively, and shall not be loaned, transferred, or

 7  otherwise used by the state for any purpose other than the

 8  purposes of ss. 1009.97-1009.984. This subsection shall not be

 9  construed to prohibit the board from investing in, by purchase

10  or otherwise, bonds, notes, or other obligations of the state

11  or an agency or instrumentality of the state. Unless otherwise

12  specified by the board, assets of the prepaid fund and the

13  savings fund shall be expended in the following order of

14  priority:

15         (a)  To make payments to state postsecondary

16  institutions on behalf of qualified beneficiaries or

17  designated beneficiaries.

18         (b)  To make refunds upon termination of advance

19  payment contracts or participation agreements.

20         (c)  To pay the costs of administration and operations

21  for the prepaid program and the savings program.

22         Section 484.  Section 1009.973, Florida Statutes, is

23  created to read:

24         1009.973  Comprehensive investment plans.--The Florida

25  Prepaid College Board shall establish separate comprehensive

26  investment plans for the prepaid program and for the savings

27  program, each subject to the approval of the State Board of

28  Administration. Each comprehensive investment plan shall

29  specify the investment policies to be utilized by the board in

30  its administration of each respective program. The board may

31  place assets of each program in investment products pursuant


                                 1047

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  to the comprehensive investment plan for each respective

 2  program and in such proportions as may be designated or

 3  approved under the plan for each respective program. Such

 4  products shall be underwritten and offered in compliance with

 5  the applicable federal and state laws, regulations, and rules

 6  by persons authorized by applicable federal and state

 7  authorities. A purchaser may not direct the investment of his

 8  or her contribution to the prepaid program. A benefactor or

 9  designated beneficiary may not direct the investment of any

10  contributions to the savings program other than the specific

11  fund options provided by the board, if any. Board members and

12  employees of the board are not prohibited from purchasing

13  advance payment contracts or entering into participation

14  agreements by virtue of their fiduciary responsibilities as

15  members of the board or official duties as employees of the

16  board.

17         Section 485.  Section 1009.974, Florida Statutes, is

18  created to read:

19         1009.974  Exemption from claims of creditors.--Moneys

20  paid into or out of the trust fund by or on behalf of a

21  purchaser or qualified beneficiary of an advance payment

22  contract or benefactor or designated beneficiary of a

23  participation agreement are exempt, as provided by s. 222.22,

24  from all claims of creditors of the purchaser or the qualified

25  beneficiary of an advance payment contract or the benefactor

26  or designated beneficiary of a participation agreement,

27  respectively, provided that the advance payment contract or

28  participation agreement has not been terminated. Neither

29  moneys paid into the prepaid program or savings program nor

30  benefits accrued through the prepaid program or savings

31  program may be pledged for the purpose of securing a loan.


                                 1048

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 486.  Section 1009.975, Florida Statutes, is

 2  created to read:

 3         1009.975  Payroll deduction authority.--The state or

 4  any state agency, county, municipality, or other political

 5  subdivision may, by contract or collective bargaining

 6  agreement, agree with any employee to remit payments toward

 7  advance payment contracts or participation agreements through

 8  payroll deductions made by the appropriate officer or officers

 9  of the state, state agency, county, municipality, or political

10  subdivision. Such payments shall be held and administered in

11  accordance with ss. 1009.97-1009.984.

12         Section 487.  Section 1009.976, Florida Statutes, is

13  created to read:

14         1009.976  Annual report.--On or before March 31 of each

15  year, the Florida Prepaid College Board shall prepare or cause

16  to be prepared separate reports setting forth in appropriate

17  detail an accounting of the prepaid program and the savings

18  program which include a description of the financial condition

19  of each respective program at the close of the fiscal year.

20  The board shall submit copies of the reports to the Governor,

21  the President of the Senate, the Speaker of the House of

22  Representatives, and the minority leaders of the House and

23  Senate and shall make the report for the prepaid program

24  available to each purchaser and the report for the savings

25  program available to each benefactor and designated

26  beneficiary. The accounts of the fund for the prepaid program

27  and the savings program shall be subject to annual audits by

28  the Auditor General.

29         Section 488.  Section 1009.98, Florida Statutes, is

30  created to read:

31         1009.98  Florida Prepaid College Program.--


                                 1049

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (1)  FLORIDA PREPAID COLLEGE PROGRAM; CREATION.--There

 2  is created a Florida Prepaid College Program to provide a

 3  medium through which the cost of registration and dormitory

 4  residence may be paid in advance of enrollment in a state

 5  postsecondary institution at a rate lower than the projected

 6  corresponding cost at the time of actual enrollment.  Such

 7  payments shall be combined and invested in a manner that

 8  yields, at a minimum, sufficient interest to generate the

 9  difference between the prepaid amount and the cost of

10  registration and dormitory residence at the time of actual

11  enrollment. Students who enroll in a state postsecondary

12  institution pursuant to this section shall be charged no fees

13  in excess of the terms delineated in the advance payment

14  contract.

15         (2)  PREPAID COLLEGE PLANS.--At a minimum, the board

16  shall make advance payment contracts available for two

17  independent plans to be known as the community college plan

18  and the university plan. The board may also make advance

19  payment contracts available for a dormitory residence plan.

20  The board may restrict the number of participants in the

21  community college plan, university plan, and dormitory

22  residence plan, respectively. However, any person denied

23  participation solely on the basis of such restriction shall be

24  granted priority for participation during the succeeding year.

25         (a)1.  Through the community college plan, the advance

26  payment contract shall provide prepaid registration fees for a

27  specified number of undergraduate semester credit hours not to

28  exceed the average number of hours required for the conference

29  of an associate degree. Qualified beneficiaries shall bear the

30  cost of any laboratory fees associated with enrollment in

31  specific courses. Each qualified beneficiary shall be


                                 1050

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  classified as a resident for tuition purposes, pursuant to s.

 2  1009.21, regardless of his or her actual legal residence.

 3         2.  Effective July 1, 1998, the board may provide

 4  advance payment contracts for additional fees delineated in s.

 5  1009.23, not to exceed the average number of hours required

 6  for the conference of an associate degree, in conjunction with

 7  advance payment contracts for registration fees.  Community

 8  college plan contracts purchased prior to July 1, 1998, shall

 9  be limited to the payment of registration fees as defined in

10  s. 1009.97.

11         (b)1.  Through the university plan, the advance payment

12  contract shall provide prepaid registration fees for a

13  specified number of undergraduate semester credit hours not to

14  exceed the average number of hours required for the conference

15  of a baccalaureate degree. Qualified beneficiaries shall bear

16  the cost of any laboratory fees associated with enrollment in

17  specific courses. Each qualified beneficiary shall be

18  classified as a resident for tuition purposes pursuant to s.

19  1009.21, regardless of his or her actual legal residence.

20         2.  Effective July 1, 1998, the board may provide

21  advance payment contracts for additional fees delineated in s.

22  1009.24(8)-(11), for a specified number of undergraduate

23  semester credit hours not to exceed the average number of

24  hours required for the conference of a baccalaureate degree,

25  in conjunction with advance payment contracts for registration

26  fees. Such contracts shall provide prepaid coverage for the

27  sum of such fees, to a maximum of 45 percent of the cost of

28  registration fees. University plan contracts purchased prior

29  to July 1, 1998, shall be limited to the payment of

30  registration fees as defined in s. 1009.97.

31  


                                 1051

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (c)  The cost of participation in contracts authorized

 2  under paragraph (a) or paragraph (b) shall be based primarily

 3  on the current and projected registration fees within the

 4  Florida Community College System or the State University

 5  System, respectively, and the number of years expected to

 6  elapse between the purchase of the plan on behalf of a

 7  qualified beneficiary and the exercise of the benefits

 8  provided in the plan by such beneficiary.

 9         (d)  Through the dormitory residence plan, the advance

10  payment contract may provide prepaid housing fees for a

11  maximum of 10 semesters of full-time undergraduate enrollment

12  in a state university. Dormitory residence plans shall be

13  purchased in increments of 2 semesters. The cost of

14  participation in the dormitory residence plan shall be based

15  primarily on the average current and projected housing fees

16  within the State University System and the number of years

17  expected to elapse between the purchase of the plan on behalf

18  of a qualified beneficiary and the exercise of the benefits

19  provided in the plan by such beneficiary. Qualified

20  beneficiaries shall have the highest priority in the

21  assignment of housing within university residence halls.

22  Qualified beneficiaries shall bear the cost of any additional

23  elective charges such as laundry service or long-distance

24  telephone service. Each state university may specify the

25  residence halls or other university-held residences eligible

26  for inclusion in the plan. In addition, any state university

27  may request immediate termination of a dormitory residence

28  contract based on a violation or multiple violations of rules

29  of the residence hall or other university-held residences. In

30  the event that sufficient housing is not available for all

31  qualified beneficiaries, the board shall refund the purchaser


                                 1052

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  or qualified beneficiary an amount equal to the fees charged

 2  for dormitory residence during that semester. If a qualified

 3  beneficiary fails to be admitted to a state university or

 4  chooses to attend a community college that operates one or

 5  more dormitories or residency opportunities, or has one or

 6  more dormitories or residency opportunities operated by the

 7  community college direct-support organization, the qualified

 8  beneficiary may transfer or cause to have transferred to the

 9  community college, or community college direct-support

10  organization, the fees associated with dormitory residence.

11  Dormitory fees transferred to the community college or

12  community college direct-support organization may not exceed

13  the maximum fees charged for state university dormitory

14  residence for the purposes of this section, or the fees

15  charged for community college or community college

16  direct-support organization dormitories or residency

17  opportunities, whichever is less.

18         (3)  TRANSFER OF BENEFITS TO PRIVATE AND OUT-OF-STATE

19  COLLEGES AND UNIVERSITIES AND TO AREA TECHNICAL CENTERS.--A

20  qualified beneficiary may apply the benefits of an advance

21  payment contract toward:

22         (a)  An independent college or university that is

23  located and chartered in Florida, that is not for profit, that

24  is accredited by the Commission on Colleges of the Southern

25  Association of Colleges and Schools or the Accrediting Council

26  for Independent Colleges and Schools, and that confers degrees

27  as defined in s. 1005.02.

28         (b)  An out-of-state college or university that is not

29  for profit and is accredited by a regional accrediting

30  association, and that confers degrees.

31  


                                 1053

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (c)  An applied technology diploma program or technical

 2  certificate program conducted by a community college listed in

 3  s. 1004.02(2) or technical center operated by a district

 4  school board.

 5  

 6  The board shall transfer or cause to be transferred to the

 7  institution designated by the qualified beneficiary an amount

 8  not to exceed the redemption value of the advance payment

 9  contract at a state postsecondary institution. If the cost of

10  registration or housing fees at such institution is less than

11  the corresponding fees at a state postsecondary institution,

12  the amount transferred may not exceed the actual cost of

13  registration and housing fees. A transfer authorized under

14  this subsection may not exceed the number of semester credit

15  hours or semesters of dormitory residence contracted on behalf

16  of a qualified beneficiary.  Notwithstanding any other

17  provision in this section, an institution must be an "eligible

18  educational institution" under s. 529 of the Internal Revenue

19  Code to be eligible for the transfer of advance payment

20  contract benefits.

21         (4)  ADVANCE PAYMENT CONTRACTS.--The board shall

22  develop advance payment contracts for registration and may

23  develop advance payment contracts for dormitory residence as

24  provided in this section. Advance payment contracts shall be

25  exempt from chapter 517 and the Florida Insurance Code. Such

26  contracts shall include, but not be limited to, the following:

27         (a)  The amount of the payment or payments and the

28  number of payments required from a purchaser on behalf of a

29  qualified beneficiary.

30  

31  


                                 1054

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  The terms and conditions under which purchasers

 2  shall remit payments, including, but not limited to, the date

 3  or dates upon which each payment shall be due.

 4         (c)  Provisions for late payment charges and for

 5  default.

 6         (d)  Provisions for penalty fees for withdrawals from

 7  the fund.

 8         (e)  Except for an advance payment contract entered

 9  into pursuant to subsection (9) or s. 1009.983, the name and

10  date of birth of the qualified beneficiary on whose behalf the

11  contract is drawn and the terms and conditions under which

12  another person may be substituted as the qualified

13  beneficiary.

14         (f)  The name of any person who may terminate the

15  contract. The terms of the contract shall specify whether the

16  contract may be terminated by the purchaser, the qualified

17  beneficiary, a specific designated person, or any combination

18  of these persons.

19         (g)  The terms and conditions under which a contract

20  may be terminated, modified, or converted, the name of the

21  person entitled to any refund due as a result of termination

22  of the contract pursuant to such terms and conditions, and the

23  amount of refund, if any, due to the person so named.

24         (h)  The number of semester credit hours or semesters

25  of dormitory residence contracted by the purchaser.

26         (i)  The state postsecondary system toward which the

27  contracted credit hours or semesters of dormitory residence

28  will be applied.

29         (j)  The assumption of a contractual obligation by the

30  board to the qualified beneficiary to provide for a specified

31  number of semester credit hours of undergraduate instruction


                                 1055

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  at a state postsecondary institution, not to exceed the

 2  average number of credit hours required for the conference of

 3  the degree that corresponds to the plan purchased on behalf of

 4  the qualified beneficiary or to provide for a specified number

 5  of semesters of dormitory residence, not to exceed the number

 6  of semesters of full-time enrollment required for the

 7  conference of a baccalaureate degree.

 8         (k)  The period of time after which advance payment

 9  contracts that have not been terminated or the benefits used

10  shall be considered terminated. Time expended by a qualified

11  beneficiary as an active duty member of any of the armed

12  services of the United States shall be added to the period of

13  time specified by the board. No purchaser or qualified

14  beneficiary whose advance payment contract is terminated

15  pursuant to this paragraph shall be entitled to a refund.

16  Notwithstanding chapter 717, the board shall retain any moneys

17  paid by the purchaser for an advance payment contract that has

18  been terminated in accordance with this paragraph. Such moneys

19  may be transferred to the Florida Prepaid Tuition Scholarship

20  Program to provide matching funds for prepaid tuition

21  scholarships for economically disadvantaged youths that remain

22  drug free and crime free.

23         (l)  Other terms and conditions deemed by the board to

24  be necessary or proper.

25         (5)  REFUNDS.--

26         (a)  No refund shall exceed the amount paid into the

27  fund by the purchaser except as provided in paragraphs (b) and

28  (c).

29         (b)  If the beneficiary is awarded a scholarship, the

30  terms of which cover the benefits included in the advance

31  payment contracts, moneys paid for the purchase of the advance


                                 1056

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  payment contracts shall be refunded to the purchaser in

 2  semester installments coinciding with the tuition by the

 3  beneficiary in an amount which, in total, does not exceed the

 4  redemption value of the advance payment contract at a state

 5  postsecondary institution.

 6         (c)  In the event of the death or total disability of

 7  the beneficiary, moneys paid for the purchase of advance

 8  payment contracts shall be refunded to the purchaser in an

 9  amount not to exceed the redemption value of the advance

10  payment contract at a state postsecondary institution.

11         (d)  If an advance payment contract is converted from

12  one registration plan to a plan of lesser value, the amount

13  refunded shall not exceed the difference between the amount

14  paid for the original contract and the amount that would have

15  been paid for the contract to which the plan is converted had

16  the converted plan been purchased under the same payment plan

17  at the time the original advance payment contract was

18  executed.

19         (e)  No refund shall be authorized through an advance

20  payment contract for any school year partially attended but

21  not completed.  For purposes of this section, a school year

22  partially attended but not completed shall mean any one

23  semester whereby the student is still enrolled at the

24  conclusion of the official drop-add period, but withdraws

25  before the end of such semester. If a beneficiary does not

26  complete a community college plan or university plan for

27  reasons other than specified in paragraph (c), the purchaser

28  shall receive a refund of the amount paid into the fund for

29  the remaining unattended years of the advance payment contract

30  pursuant to rules promulgated by the board.

31  


                                 1057

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (6)  CONFIDENTIALITY OF ACCOUNT

 2  INFORMATION.--Information that identifies the purchasers or

 3  beneficiaries of any plan promulgated under this section and

 4  their advance payment account activities is exempt from the

 5  provisions of s. 119.07(1). However, the board may authorize

 6  the program's records administrator to release such

 7  information to a community college, college, or university in

 8  which a beneficiary may enroll or is enrolled. Community

 9  colleges, colleges, and universities shall maintain such

10  information as exempt from the provisions of s. 119.07(1).

11         (7)  OBLIGATIONS OF BOARD.--The state shall agree to

12  meet the obligations of the board to qualified beneficiaries

13  if moneys in the fund fail to offset the obligations of the

14  board. The Legislature shall appropriate to the Florida

15  Prepaid College Trust Fund the amount necessary to meet the

16  obligations of the board to qualified beneficiaries.

17         (8)  PROGRAM TERMINATION.--In the event that the state

18  determines the prepaid program to be financially infeasible,

19  the state may discontinue the provision of the program.  Any

20  qualified beneficiary who has been accepted by and is enrolled

21  or is within 5 years of enrollment in an eligible independent

22  college or university or state postsecondary institution shall

23  be entitled to exercise the complete benefits for which he or

24  she has contracted. All other contract holders shall receive a

25  refund of the amount paid in and an additional amount in the

26  nature of interest at a rate that corresponds, at a minimum,

27  to the prevailing interest rates for savings accounts provided

28  by banks and savings and loan associations.

29         (9)  SCHOLARSHIPS.--A nonprofit organization described

30  in s. 501(c)(3) of the United States Internal Revenue Code and

31  exempt from taxation under s. 501(a) of the United States


                                 1058

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Internal Revenue Code may purchase advance payment contracts

 2  for a scholarship program that has been approved by the board

 3  and is operated by the purchasing organization.

 4         Section 489.  Section 1009.981, Florida Statutes, is

 5  created to read:

 6         1009.981  Florida College Savings Program.--

 7         (1)(a)  The Florida Prepaid College Board is authorized

 8  to create, establish, and administer the Florida College

 9  Savings Program to promote and enhance the affordability of

10  higher education in the state and to enable persons to

11  contribute funds that are combined and invested to pay the

12  subsequent higher education expenses of a designated

13  beneficiary. The board may not implement the savings program

14  until it has obtained:

15         1.  A written opinion from counsel specializing in

16  federal tax matters indicating that the savings program

17  constitutes a qualified tuition program under s. 529 of the

18  Internal Revenue Code;

19         2.  A written opinion from a qualified member of the

20  United States Patent Bar indicating that the implementation of

21  the savings program or the operation of the savings program

22  will not knowingly infringe upon any patent or copyright

23  specifically related to the financing of higher education

24  expenses;

25         3.  A written opinion of qualified counsel specializing

26  in federal securities law that the savings program and the

27  offering of participation in the savings program does not

28  violate federal securities law; and

29         4.  A written opinion from the board's litigation

30  counsel indicating that the implementation or operation of the

31  


                                 1059

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  savings program will not adversely impact any pending

 2  litigation against the board.

 3         (b)  The benefactor retains ownership of all amounts on

 4  deposit in his or her account with the savings program up to

 5  the date of distribution on behalf of a designated

 6  beneficiary. Earnings derived from investment of the

 7  contributions shall be considered to be held in trust in the

 8  same manner as contributions, except as applied for purposes

 9  of the designated beneficiary and for purposes of maintaining

10  and administering the program as provided in this section.

11         (c)  All amounts attributable to penalties shall be

12  used for purposes of the savings program or as required by the

13  Internal Revenue Code, and other amounts received other than

14  contributions shall be properties of the savings program.

15  Proceeds from penalties shall remain with the program and may

16  be used for any costs or purposes of the savings program or

17  used as required by the Internal Revenue Code.

18         (d)  Deposits and contributions to the program, the

19  property of the board, and the earnings on the college savings

20  accounts are exempt from taxation.

21         (e)  The assets of the savings program shall be

22  continuously invested and reinvested in a manner consistent

23  with the purposes of the program, expended on expenses

24  incurred by the operation and management of the savings

25  program, or refunded to the benefactor or designated

26  beneficiary under the conditions provided in the participation

27  agreement. The board is not required to invest directly in

28  obligations of the state or any political subdivision of the

29  state or in any investment or other fund administered by the

30  state.

31         (2)  PARTICIPATION AGREEMENTS.--


                                 1060

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (a)  The board may establish plans to permit

 2  benefactors to prepay the qualified higher education expenses

 3  associated with enrollment in an eligible educational

 4  institution and may permit benefactors to select from among

 5  alternative investment plans designed to provide funds to pay

 6  qualified education expenses of a designated beneficiary. The

 7  board shall not accept contributions in excess of the amount

 8  allowed pursuant to s. 529 of the Internal Revenue Code and

 9  shall prescribe by rule the methodology and information

10  sources that shall be used to determine the projected costs of

11  qualified higher education expenses for designated

12  beneficiaries of prescribed ages.

13         (b)  The board shall develop a participation agreement

14  which shall be the agreement between the board and each

15  benefactor, which may include, but is not limited to:

16         1.  The name, date of birth, and social security number

17  of the designated beneficiary.

18         2.  The amount of the contribution or contributions and

19  number of contributions required from a benefactor on behalf

20  of a designated beneficiary.

21         3.  The terms and conditions under which benefactors

22  shall remit contributions, including, but not limited to, the

23  date or dates upon which each contribution is due. Deposits to

24  the savings program by benefactors may only be in cash.

25  Benefactors may contribute in a lump sum, periodically, in

26  installments, or through electronic funds transfer or employer

27  payroll deductions.

28         4.  Provisions for late contribution charges and for

29  default.

30         5.  Provisions for penalty fees for withdrawals from

31  the program.


                                 1061

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         6.  The name of the person who may terminate

 2  participation in the program. The participation agreement must

 3  specify whether the account may be terminated by the

 4  benefactor, the designated beneficiary, a specific designated

 5  person, or any combination of these persons.

 6         7.  The terms and conditions under which an account may

 7  be terminated, modified, or converted, the name of the person

 8  entitled to any refund due as a result of termination of the

 9  account pursuant to such terms and conditions, and the amount

10  of refund, if any, due to the person so named.

11         8.  Penalties for distributions not used or made in

12  accordance with s. 529 of the Internal Revenue Code.

13         9.  Any charges or fees in connection with the

14  administration of the savings fund.

15         10.  The period of time after which each participation

16  agreement shall be considered to be terminated. Time expended

17  by a designated beneficiary as an active duty member of any of

18  the armed services of the United States shall be added to the

19  period specified pursuant to this subparagraph. Should a

20  participation agreement be terminated, the balance of the

21  account, after notice to the benefactor, shall be declared

22  unclaimed and abandoned property. The board shall retain any

23  monies paid by the benefactor for a participation agreement

24  that has been terminated in accordance with this subparagraph.

25  Such moneys may be transferred to the Florida Prepaid Tuition

26  Scholarship Program to provide matching funds for prepaid

27  tuition scholarships for economically disadvantaged youths

28  that remain drug free and crime free.

29         11.  Other terms and conditions deemed by the board to

30  be necessary or proper.

31  


                                 1062

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (c)  The participation agreement shall clearly state

 2  that:

 3         1.  The contract is only a debt or obligation of the

 4  savings program and the savings fund, and is not otherwise a

 5  debt or obligation of the state.

 6         2.  Participation in the program does not guarantee

 7  that sufficient funds will be available to cover all qualified

 8  higher education expenses for any designated beneficiary and

 9  does not guarantee admission to or continued enrollment at an

10  eligible educational institution of any designated

11  beneficiary.

12         (d)  The participation agreement may be freely amended

13  throughout its term for purposes including, but not limited

14  to, allowing to enable the benefactor to increase or decrease

15  the level of participation, change designated beneficiaries,

16  and carry out similar matters permitted by this section and

17  the Internal Revenue Code.

18         (3)  DISTRIBUTIONS FOR QUALIFIED HIGHER EDUCATION

19  EXPENSES.--The board shall establish requirements and

20  procedures for beneficiaries to realize the benefits of

21  participation agreements. In establishing such requirements

22  and procedures, the board shall make distributions in as

23  efficient and expeditious manner as is prudent and possible,

24  consistent with the Internal Revenue Code.

25         (4)  REFUNDS.--

26         (a)  A benefactor may request a refund of the principal

27  amount of his or her contributions, plus actual investment

28  earnings or minus actual investment losses on the

29  contributions, less any applicable penalty, and less any

30  amounts used to provide benefits to the designated

31  beneficiary.


                                 1063

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  Notwithstanding paragraph (a), a penalty may not

 2  be levied if a benefactor requests a refund from the program

 3  due to:

 4         1.  Death of the beneficiary.

 5         2.  Total disability of the beneficiary.

 6         3.  Scholarship, allowance, or payment received by the

 7  beneficiary to the extent that the amount of the refund does

 8  not exceed the amount of the scholarship, allowance, or

 9  payment in accordance with federal law.

10         (c)  If a benefactor requests a refund of funds

11  contributed to the program for any cause other than those

12  listed in paragraph (b), there shall be imposed a penalty of

13  10 percent of the earnings of the account and any applicable

14  taxes, or the amount required by the Internal Revenue Code.

15  Earnings shall be calculated as the total value of the

16  participation agreement, less the aggregate contributions, or

17  in the manner prescribed in the Internal Revenue Code.

18         (5)  MATERIAL MISREPRESENTATION; PENALTY.--If the

19  benefactor or the designated beneficiary makes any material

20  misrepresentation in the application for a participation

21  agreement or in any communication with the board regarding the

22  program, especially regarding the withdrawal or distribution

23  of funds therefrom, the account may be involuntarily

24  liquidated by the board. If the account is so liquidated, the

25  benefactor is entitled to a refund, subject to a 10-percent

26  penalty or the amount required by the Internal Revenue Code.

27         (6)  CONFIDENTIALITY OF ACCOUNT

28  INFORMATION.--Information that identifies the benefactors or

29  the designated beneficiary of any account initiated under this

30  section and information regarding individual account

31  activities conducted through the savings program established


                                 1064

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  in this section are confidential and exempt from the

 2  provisions of s. 119.07(1) and s. 24(a), Art. I of the State

 3  Constitution. However, the board may authorize the release of

 4  such information to a community college, college, or

 5  university in which a designated beneficiary may enroll or is

 6  enrolled. Community colleges, colleges, and universities shall

 7  maintain the confidentiality of such information. This

 8  subsection is subject to the Open Government Sunset Review Act

 9  of 1995 in accordance with s. 119.15, and shall stand repealed

10  on October 2, 2005, unless reviewed and saved from repeal

11  through reenactment by the Legislature.

12         (7)  OBLIGATIONS OF BOARD.--Any contract or

13  participation agreement entered into by or any obligation of

14  the board on behalf of and for the benefit of the savings

15  program does not constitute a debt or obligation of the state

16  but is an obligation of the savings program. The state has no

17  obligation to any designated beneficiary or any other person

18  as a result of the savings program. The obligation of the

19  savings program is limited solely to those amounts deposited

20  in the savings fund. All amounts obligated to be paid from the

21  savings fund are limited to amounts available for such

22  obligation. The amounts on deposit in the savings program may

23  only be disbursed in accordance with the provisions of this

24  section.

25         (8)  PROGRAM TERMINATION.--The savings program shall

26  continue in existence until its existence is terminated by

27  law. If the state determines that the savings program is

28  financially infeasible, the state may discontinue the savings

29  program. Upon termination of the savings program, all deposits

30  shall be returned to benefactors, to the extent possible, and

31  any unclaimed assets in the savings program may be transferred


                                 1065

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  to the Florida Prepaid Tuition Scholarship Program to provide

 2  matching funds for prepaid tuition scholarships for

 3  economically disadvantaged youths that remain drug free and

 4  crime free.

 5         (9)  STATE PLEDGE.--The state pledges to benefactors

 6  and designated beneficiaries of the savings program that the

 7  state will not limit or alter the rights under this section

 8  which are vested in the program until such obligations are met

 9  and discharged. However, this subsection does not preclude

10  such limitation if adequate provision is made by law for the

11  protection of the benefactors and designated beneficiaries

12  pursuant to the obligations of the board, and, if the state or

13  the board determines that the savings program is not

14  financially feasible, the state or the board may discontinue

15  the program. If the program is discontinued, the board shall

16  refund to benefactors their contributions to the program, plus

17  any investment earnings or minus any investment losses. The

18  board, on behalf of the state, may include this pledge and

19  undertaking by the state in participation agreements.

20         Section 490.  Section 1009.982, Florida Statutes, is

21  created to read:

22         1009.982  Disclaimer.--Nothing in ss. 1009.97-1009.984

23  shall be construed as a promise or guarantee that a qualified

24  beneficiary or a designated beneficiary will be admitted to a

25  state postsecondary institution or to a particular state

26  postsecondary institution, will be allowed to continue

27  enrollment at a state postsecondary institution after

28  admission, or will be graduated from a state postsecondary

29  institution.

30         Section 491.  Section 1009.983, Florida Statutes, is

31  created to read:


                                 1066

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         1009.983  Direct-support organization; authority.--

 2         (1)  The Florida Prepaid College Board may establish a

 3  direct-support organization which is:

 4         (a)  A Florida corporation, not for profit,

 5  incorporated under the provisions of chapter 617 and approved

 6  by the Secretary of State.

 7         (b)  Organized and operated exclusively to receive,

 8  hold, invest, and administer property and to make expenditures

 9  to or for the benefit of the board.

10         (c)  An organization which the board, after review, has

11  certified to be operating in a manner consistent with the

12  goals of the board and in the best interests of the state.

13  Unless so certified, the organization may not use the name of

14  the prepaid program or savings program.

15         (2)  The direct-support organization shall operate

16  under written contract with the board. The contract must

17  provide for:

18         (a)  Approval of the articles of incorporation and

19  bylaws of the direct-support organization by the board.

20         (b)  Submission of an annual budget for the approval of

21  the board. The budget must comply with rules adopted by the

22  board.

23         (c)  Certification by the board that the direct-support

24  organization is complying with the terms of the contract and

25  in a manner consistent with the goals and purposes of the

26  board and in the best interest of the state. Such

27  certification must be made annually and reported in the

28  official minutes of a meeting of the board.

29         (d)  The reversion to the board, or to the state if the

30  board ceases to exist, of moneys and property held in trust by

31  the direct-support organization for the benefit of the board


                                 1067

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  or prepaid program if the direct-support organization is no

 2  longer approved to operate for the board or if the board

 3  ceases to exist.

 4         (e)  The fiscal year of the direct-support

 5  organization, which must begin July 1 of each year and end

 6  June 30 of the following year.

 7         (f)  The disclosure of material provisions of the

 8  contract and of the distinction between the board and the

 9  direct-support organization to donors of gifts, contributions,

10  or bequests, and such disclosure on all promotional and

11  fundraising publications.

12         (3)  The direct-support organization shall provide for

13  an annual financial audit in accordance with s. 215.981. The

14  board and Auditor General may require and receive from the

15  organization or its independent auditor any detail or

16  supplemental data relative to the operation of the

17  organization.

18         (4)  The identity of donors who desire to remain

19  anonymous shall be confidential and exempt from the provisions

20  of s. 119.07(1) and s. 24(a), Art. I of the State

21  Constitution, and such anonymity shall be maintained in the

22  auditor's report. Information received by the organization

23  that is otherwise confidential or exempt by law shall retain

24  such status. Any sensitive, personal information regarding

25  contract beneficiaries, including their identities, is exempt

26  from the provisions of s. 119.07(1) and s. 24(a), Art. I of

27  the State Constitution.

28         (5)  The chair and the executive director of the board

29  shall be directors of the direct-support organization and

30  shall jointly name, at a minimum, three other individuals to

31  serve as directors of the organization.


                                 1068

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (6)  The board may authorize the direct-support

 2  organization established in this section to use board

 3  property, except money, and use facilities and personal

 4  services subject to the provisions of this section. If the

 5  direct-support organization does not provide equal employment

 6  opportunities to all persons regardless of race, color,

 7  religion, sex, age, or national origin, it may not use the

 8  property, facilities, or personal services of the board. For

 9  the purposes of this section, the term "personal services"

10  includes full-time personnel and part-time personnel as well

11  as payroll processing as prescribed by rule of the board. The

12  board shall adopt rules prescribing the procedures by which

13  the direct-support organization is governed and any conditions

14  with which such a direct-support organization must comply to

15  use property, facilities, or personal services of the board.

16         (7)  The board may invest funds of the direct-support

17  organization which have been allocated for the purchase of

18  advance payment contracts for scholarships with receipts for

19  advance payment contracts.

20         Section 492.  Section 1009.984, Florida Statutes, is

21  created to read:

22         1009.984  Florida Prepaid Tuition Scholarship

23  Program.--The Florida Prepaid Tuition Scholarship Program is

24  established to provide economically disadvantaged youth with

25  prepaid postsecondary tuition scholarships. The direct-support

26  organization established pursuant to s. 1009.983 shall

27  administer the program with the assistance and cooperation of

28  the Department of Education to:

29         (1)  Provide an incentive for economically

30  disadvantaged youth to improve school attendance and academic

31  


                                 1069

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  performance in order to graduate and pursue a postsecondary

 2  education.

 3         (2)  Obtain the commitment and involvement of private

 4  sector entities by virtue of funding matches with a ratio of

 5  50 percent provided by the private sector and 50 percent

 6  provided by the state.

 7         (3)  Purchase prepaid tuition scholarships for students

 8  certified by the Department of Education to the direct-support

 9  organization who meet minimum economic and school requirements

10  and remain drug free and crime free.

11         (a)  For the purpose of this subsection, "drug free"

12  means not being convicted of, or adjudicated delinquent for,

13  any violation of chapter 893 after being designated a

14  recipient of a Florida prepaid tuition scholarship.

15         (b)  For the purpose of this subsection, "crime free"

16  means not being convicted of, or adjudicated delinquent for,

17  any felony or first degree misdemeanor as defined in ss.

18  775.08 and 775.081 after being designated a recipient of a

19  Florida prepaid tuition scholarship.

20         Section 493.  Part V of chapter 1009, Florida Statutes,

21  shall be entitled "Florida Higher Education Loan Authority"

22  and shall consist of ss. 1009.99-1009.9994.

23         Section 494.  Section 1009.99, Florida Statutes, is

24  created to read:

25         1009.99  Short title.--Sections 1009.99-1009.9994 may

26  be cited as the "Florida Higher Education Loan Authority Act."

27         Section 495.  Section 1009.991, Florida Statutes, is

28  created to read:

29         1009.991  Purpose.--It is the purpose of this act to

30  provide assistance and an additional method of financing the

31  cost of higher education to students and the families of


                                 1070

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  students attending institutions of higher education in this

 2  state and to encourage investment of private capital to

 3  provide funds for financing student loans.

 4         Section 496.  Section 1009.992, Florida Statutes, is

 5  created to read:

 6         1009.992  Definitions.--As used in this act:

 7         (1)  "Authority" means any public corporation created

 8  by s. 1009.993 or any board, body, commission, department, or

 9  officer of the county succeeding to the principal functions

10  thereof or to whom the powers conferred upon an authority by

11  this act are given by this act.

12         (2)  "Authority loan" means any loan by an authority to

13  an institution of higher education for the purpose of funding

14  education loans.

15         (3)  "Bond" or "revenue bond" means any revenue bond of

16  an authority issued under the provisions of this act,

17  including any revenue-refunding bond, notwithstanding that the

18  bond may be secured by mortgage or the full faith and credit

19  of a participating institution of higher education or any

20  other lawfully pledged security of a participating institution

21  of higher education.

22         (4)  "Bond resolution" means the resolution of an

23  authority and the trust agreement, if any, and any supplement

24  or amendment to the foregoing, authorizing the issuance of,

25  and providing for the terms and conditions applicable to,

26  obligations.

27         (5)  "Bond service charge" means the principal

28  (including mandatory sinking fund requirements for retirement

29  of obligations) and interest, and redemption premium, if any,

30  required to be paid by an authority on obligations.

31  


                                 1071

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (6)  "Borrower" means any student who has received an

 2  education loan or any parent who has received or agreed to pay

 3  an education loan.

 4         (7)  "Clerk" means the clerk of a commission or the

 5  county officer charged with the duties customarily imposed

 6  upon the clerk.

 7         (8)  "Commission" means a board of county commissioners

 8  or other body charged with governing the county.

 9         (9)  "Default insurance" means insurance insuring

10  education loans, authority loans, or obligations against

11  default.

12         (10)  "Default reserve fund" means a fund established

13  pursuant to a bond resolution for the purpose of securing

14  education loans, authority loans, or obligations.

15         (11)  "Education loan" means a loan which is made by an

16  institution to a student or the parents of a student, or both,

17  in an amount not in excess of the maximum amount specified in

18  regulations to be formulated by the authority, in order to

19  finance all or any part of the cost of the student's

20  attendance at such institution.

21         (12)  "Education loan series portfolio" means all

22  educational loans made by a specific institution which are

23  funded from the proceeds of an authority loan to such

24  institution out of the proceeds of a related specific issue of

25  obligations through the authority.

26         (13)  "Institution" means any college or university

27  which, by virtue of law or charter, is accredited by and holds

28  membership in the Commission on Recognition of Postsecondary

29  Accreditation; which grants baccalaureate or associate

30  degrees; which is not a pervasively sectarian institution; and

31  


                                 1072

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  which does not discriminate in the admission of students on

 2  the basis of race, color, religion, sex, or creed.

 3         (14)  "Loan funding deposit" means moneys or other

 4  property which is deposited by an institution with the

 5  authority or a trustee for the purpose of:

 6         (a)  Providing security for obligations;

 7         (b)  Funding a default reserve fund;

 8         (c)  Acquiring default insurance; or

 9         (d)  Defraying costs of the authority, and

10  

11  which shall be in such amounts as are deemed necessary by the

12  authority as a condition for participation by such institution

13  in the program of the authority.

14         (15)  "Obligation" means any revenue bond, note, or

15  other evidence of indebtedness of an authority, including any

16  interest coupon pertaining thereto, issued under this act,

17  including any refunding bond.

18         (16)  "Parent" means any parent or guardian of a

19  student at an institution.

20         (17)  "Participating institution" means an institution

21  of higher education which, pursuant to the provisions of this

22  act, undertakes the financing of an educational student loan

23  program or undertakes the refunding or refinancing of

24  obligations, a mortgage, or advances as provided in and

25  permitted by this act.

26         (18)  "Person" means any person, firm, partnership,

27  association, corporation, or other body, public or private.

28         Section 497.  Section 1009.993, Florida Statutes, is

29  created to read:

30         1009.993  Authority; creation, membership, terms of

31  members, expenses.--


                                 1073

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (1)  In each county there is created a public body

 2  corporate and politic to be known as the ".... County

 3  Education Loan Authority."  Each such authority is constituted

 4  as a public instrumentality, and its exercise of the powers

 5  conferred by this act shall be deemed the performance of an

 6  essential public function.  No authority shall transact any

 7  business or exercise any power pursuant to this act until the

 8  commission by ordinance or resolution declares that there is a

 9  need for an authority to function in such county.

10         (2)  The commission may adopt such an ordinance or

11  resolution of need if it finds that the youth of the county

12  and state do not have the opportunity to attend institutions

13  of higher learning located within the county because of their

14  inability to obtain financing for the cost of such education

15  and the inability of such institutions to provide adequate

16  financial aid to their students.

17         (3)  In any suit, action, or proceeding involving the

18  validity or enforcement of or relating to any contract of the

19  authority, the authority shall be conclusively deemed to have

20  been established and authorized to transact business and

21  exercise its powers hereunder upon proof of the adoption of an

22  ordinance or resolution by the commission declaring the need

23  for the authority. Such ordinance or resolution shall be

24  sufficient if it declares that there is such a need for an

25  authority in the county.  A copy of such ordinance or

26  resolution certified by the clerk shall be admissible in

27  evidence in any suit, action, or proceeding.

28         (4)  The ordinance or resolution shall designate five

29  persons as members of the authority.  The membership of the

30  authority shall include:

31  


                                 1074

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (a)  A trustee, director, officer, or employee of an

 2  institution located in such county.

 3         (b)  One lay citizen who does not derive a majority of

 4  his or her income from education or an education-related

 5  field.

 6         (c)  Two persons from the commercial financial

 7  community in the county, each of whom has a favorable

 8  reputation for skill, knowledge, and experience in the field

 9  of state and municipal finance.

10         (d)  One person from the commercial financial community

11  or educational community in the state who has a favorable

12  reputation for skill, knowledge, and experience in the field

13  of higher education loan finance.

14         (5)  Of the members first appointed, one shall serve

15  for 1 year, one for 2 years, one for 3 years, one for 4 years,

16  and one for 5 years, in each case until his or her successor

17  is appointed and has qualified. Thereafter, the commission

18  shall appoint for terms of 5 years each members to succeed

19  those whose terms will expire. The commission shall fill any

20  vacancy for the unexpired portion of the term.  Any member of

21  the authority may be reappointed.  Any member of the authority

22  may be removed by the commission for misfeasance, malfeasance,

23  or willful neglect of duty.  Before entering upon his or her

24  duties, each member of the authority shall take and subscribe

25  to the oath or affirmation required by the State Constitution.

26  A record of each such oath shall be filed with the Department

27  of State and with the clerk.

28         (6)  The authority shall annually elect one of its

29  members as chair and one as vice chair and shall also appoint

30  an executive director who shall not be a member of the

31  


                                 1075

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  authority and who shall serve at the pleasure of the authority

 2  and receive such compensation as fixed by the authority.

 3         (7)  The executive director shall keep a record of the

 4  proceedings of the authority and shall be custodian of all

 5  books, documents, and papers filed with the authority; the

 6  minute book or journal of the authority; and its official

 7  seal.  The director may have copies made of all minutes and

 8  other records and documents of the authority and may give

 9  certificates under the official seal of the authority to the

10  effect that such copies are true copies, and any person

11  dealing with the authority may rely upon any such certificate.

12         (8)  Three members of the authority shall constitute a

13  quorum, and the affirmative vote of a majority of the members

14  present at a meeting shall be necessary for any action to be

15  taken; however, any action may be taken by an authority with

16  the unanimous consent of all of the members.  A vacancy in the

17  membership of the authority shall not impair the right of a

18  quorum to exercise the rights or perform the duties of the

19  authority. The majority shall not include any member who has a

20  conflict of interest, and a statement by a member of a

21  conflict of interest is conclusive for this purpose.  Any

22  action taken by the authority under the provisions of this act

23  may be authorized by resolution at any regular or special

24  meeting.  Each such resolution shall take effect immediately

25  and need not be published or posted.

26         (9)  The members of the authority shall receive no

27  compensation for the performance of their duties, but each

28  member, when engaged in the performance of such duties, shall

29  be entitled to per diem and travel expenses as provided in s.

30  112.061.

31  


                                 1076

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (10)  Notwithstanding any other law to the contrary, it

 2  shall not be, nor shall it constitute, a conflict of interest

 3  for a trustee, director, officer, or employee of an

 4  institution to serve as a member of the authority.

 5         Section 498.  Section 1009.994, Florida Statutes, is

 6  created to read:

 7         1009.994  Functions and powers of authority.--Each

 8  authority shall have the following functions and powers:

 9         (1)  To adopt rules for the regulation of its affairs

10  and the conduct of its business.

11         (2)  To adopt an official seal.

12         (3)  To maintain an office at a place it designates.

13         (4)  To sue and be sued in its own name and to plead

14  and be impleaded.

15         (5)  To establish rules for the use of education loan

16  financing programs and to designate a participating

17  institution as its agent to establish rules for the use of a

18  program undertaken by such participating institution.

19         (6)  To issue obligations for the purpose of making

20  authority loans to participating institutions for the purpose

21  of providing education loans utilizing such eligibility

22  standards for borrowers as the authority determines to be

23  necessary, but such standards shall include the following:

24         (a)  Each student shall have a certificate of admission

25  or enrollment at a participating institution;

26         (b)  Each student or his or her parents shall satisfy

27  such financial qualifications as the authority shall

28  establish; and

29         (c)  Each student and his or her parents shall submit

30  such information to the applicable institution as may be

31  required by the authority.


                                 1077

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (7)  To contract with financial institutions and other

 2  qualified loan origination and servicing organizations, which

 3  shall assist in prequalifying borrowers for education loans

 4  and which shall service and administer each education loan and

 5  the respective loan series portfolio of each institution, and

 6  to establish sufficient fees for each educational loan to

 7  cover the applicable pro rata cost of such servicing and

 8  originating organizations.

 9         (8)  To establish criteria governing the eligibility of

10  institutions to participate in its programs, the making and

11  allocation of authority loans and education loans, provisions

12  for default, the establishment of default reserve funds, the

13  purchase of default insurance, the provision of prudent debt

14  service reserves, and the furnishing by participating

15  institutions of such additional guarantees of the education

16  loans, authority loans, or obligations as the authority shall

17  determine necessary to assure the marketability of the

18  obligations and the adequacy of the security therefor;

19  however, the provisions applicable to participation by Florida

20  public participating institutions in the financing programs of

21  the authority shall be subject to approval and authorization

22  by the budgetary and other state agencies having jurisdiction

23  over those institutions.

24         (9)  To fix, revise, charge, and collect rates, fees,

25  and charges for services furnished by the authority and to

26  contract with any person in respect thereto, including any

27  financial institution, loan originator, servicer,

28  administrator, issuer of letters of credit, or insurer.

29         (10)  To employ consultants, attorneys, accountants,

30  financial experts, loan processors, bankers, managers, and

31  


                                 1078

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  such other employees and agents as may be necessary and to fix

 2  their compensation.

 3         (11)  To receive and accept, from any source, loans,

 4  contributions, or grants for or in aid of an authority

 5  education loan financing program or any portion thereof and,

 6  when required, to use such funds, property, or labor only for

 7  the purposes for which it was loaned, contributed, or granted.

 8         (12)  To make authority loans to institutions and

 9  require that the proceeds thereof be used solely for making

10  education loans or for costs and fees in connection therewith

11  and to require institutions to obtain certification from each

12  borrower that proceeds from any education loan are used solely

13  for the purpose intended by this act.

14         (13)  To charge to and apportion among participating

15  institutions administrative and operating costs and expenses

16  incurred in the exercise of the powers and duties conferred by

17  this act.

18         (14)  To borrow working capital funds and other funds

19  as may be necessary for startup and continuing operations,

20  provided that such funds are borrowed solely in the name of

21  the authority. Such borrowings shall be limited obligations of

22  the character described in s. 1009.9975 and shall be payable

23  solely from revenues of the authority or proceeds of

24  obligations pledged for that purpose.

25         (15)  Notwithstanding any other provisions of this act,

26  to commingle and pledge as security for a series or issue of

27  obligations, with the consent of all of the institutions which

28  are participating in such series or issue:

29         (a)  The education loan series portfolios and some or

30  all future education loan series portfolios of such

31  institutions; and


                                 1079

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  The loan funding deposits of such institutions,

 2  except that education loan series portfolios and other

 3  security and moneys set aside in any fund pledged for any

 4  series or issue of obligations shall be held for the sole

 5  benefit of such series or issue separate and apart from

 6  education loan series portfolios and other security and moneys

 7  pledged for any other series of issue of obligations of the

 8  authority.  Obligations may be issued in series under one or

 9  more resolutions or trust agreements in the discretion of the

10  authority.

11         (16)  To examine records and financial reports of

12  participating institutions and to examine records and

13  financial reports of any contractor organization or

14  institution retained by the authority under the provisions of

15  this act.

16         (17)  To make loans to a participating institution to

17  refund outstanding obligations, mortgages, or advances issued,

18  made, or given by such institution for authority loans; and

19  whenever such refunding obligations are issued to refund

20  obligations, the proceeds of which were used to make authority

21  loans, the authority may reduce the amount of interest owed to

22  it by the institution which had received authority loans from

23  the proceeds of the refunded obligations.  Such institution

24  may use this reduced amount to reduce the amount of interest

25  being paid on education loans which the institution had made

26  pursuant to the authority loans from the proceeds of the

27  refunded obligations.

28         (18)  To authorize its officers, agents, and employees

29  to take any other action which is necessary in order to carry

30  out the purposes of this act.

31  


                                 1080

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 499.  Section 1009.995, Florida Statutes, is

 2  created to read:

 3         1009.995  Expenses of authority.--All expenses incurred

 4  in carrying out the provisions of this act shall be payable

 5  solely from funds provided under the provisions of this act;

 6  and, except as specifically authorized under this act, no

 7  liability shall be incurred by an authority beyond the extent

 8  to which moneys have been provided under this act.

 9         Section 500.  Section 1009.996, Florida Statutes, is

10  created to read:

11         1009.996  Higher education facilities authority as

12  higher education loan authority.--As an alternative to the

13  creation of an authority, a commission may confer all rights,

14  powers, privileges, duties, and immunities of an authority

15  upon any entity in existence on July 1, 1982, which has been

16  authorized by law to function as a higher education facilities

17  authority pursuant to the provisions of chapter 243.  Any such

18  entity which has been vested with the rights, powers,

19  privileges, duties, and immunities of a higher education loan

20  authority shall be subject to all provisions and

21  responsibilities imposed by this act, notwithstanding any

22  provisions to the contrary in any law which established the

23  entity. Nothing in this act shall be construed to impair or

24  diminish any powers of any other entity in existence on July

25  1, 1982, or to repeal, modify, or amend any law establishing

26  such entity, except as specifically set forth herein.

27         Section 501.  Section 1009.9965, Florida Statutes, is

28  created to read:

29         1009.9965  Moneys, endowments, properties; acquisition,

30  deposit, and guarantees.--Each authority is authorized to

31  establish specific guidelines relating to the deposits of


                                 1081

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  moneys, endowments, or properties by institutions which

 2  moneys, endowments, or properties would provide prudent

 3  security for education loan funding programs, authority loans,

 4  education loans, or obligations; and it may establish

 5  guidelines relating to guarantees of, or contracts to

 6  purchase, education loans or obligations by such institutions,

 7  financial institutions, or others. A default reserve fund may

 8  be established for each series or issue of obligations.  In

 9  this regard, the authority is empowered to receive such

10  moneys, endowments, properties, and guarantees as it deems

11  appropriate and, if necessary, to take title in the name of

12  the authority or in the name of a participating institution or

13  a trustee, subject, however, to the limitations applicable to

14  public participating institutions set forth in s. 1009.994(8).

15         Section 502.  Section 1009.997, Florida Statutes, is

16  created to read:

17         1009.997  Conveyance of loan funding deposit to

18  participating institutions.--When the principal of and

19  interest on obligations of an authority issued to finance the

20  cost of an education loan financing program, including any

21  refunding obligations issued to refund and refinance such

22  obligations, have been fully paid and retired or when adequate

23  provision has been made to fully pay and retire the

24  obligations and all other conditions of the bond resolution

25  have been satisfied and the lien created by such bond

26  resolution has been released in accordance with the provisions

27  thereof, the authority shall promptly do such things and

28  execute such deeds and conveyances as are necessary to convey

29  any remaining moneys, properties, and other assets comprising

30  loan funding deposits to the institutions in proportion to the

31  amounts furnished by the respective institutions.


                                 1082

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 503.  Section 1009.9975, Florida Statutes, is

 2  created to read:

 3         1009.9975  Notes of authority.--An authority may issue

 4  its negotiable notes for any corporate purpose and renew any

 5  notes by the issuance of new notes, whether or not the notes

 6  to be renewed have matured.  The authority may issue notes

 7  partly to renew notes or to discharge other obligations then

 8  outstanding and partly for any other purpose. The notes may be

 9  authorized, sold, executed, and delivered in the same manner

10  as bonds.  Any resolution authorizing notes of the authority

11  or any issue thereof may contain any provisions which the

12  authority is authorized to include in any resolution

13  authorizing revenue bonds or any issue thereof, and the

14  authority may include in any notes any terms, covenants, or

15  conditions which it is authorized to include in any bonds.

16  All such notes shall be payable solely from the revenues of

17  the authority, subject only to any contractual rights of the

18  holders of any of its notes or other obligations then

19  outstanding.

20         Section 504.  Section 1009.9976, Florida Statutes, is

21  created to read:

22         1009.9976  Issuance of obligations.--

23         (1)  An authority may issue its negotiable revenue

24  obligations for any corporate purpose.  In anticipation of the

25  sale of such obligations, the authority may issue negotiable

26  bond anticipation notes and may renew them, but the maximum

27  maturity of any such note, including renewals thereof, shall

28  not exceed 5 years from the date of issue of the original

29  note.  Such notes shall be paid from revenues of the authority

30  available therefor and not otherwise pledged or from the

31  proceeds of sale of the revenue bonds of the authority in


                                 1083

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  anticipation of which they were issued.  The notes shall be

 2  issued in the same manner as the revenue bonds. Such notes and

 3  the resolution authorizing them may contain any provisions,

 4  conditions, or limitations which a bond resolution of the

 5  authority may contain.

 6         (2)  Each issue of obligations shall be payable solely

 7  out of those revenues of the authority that pertain to the

 8  program relating to such issue, including principal and

 9  interest on authority loans and education loans; payments by

10  institutions of higher education, banks, insurance companies,

11  or others pursuant to letters of credit or purchase

12  agreements; investment earnings from funds or accounts

13  maintained pursuant to the bond resolution; insurance

14  proceeds; loan funding deposits; proceeds of sales of

15  education loans; proceeds of refunding obligations; and fees,

16  charges, and other revenues of the authority from such

17  program, subject only to any agreements with the holders of

18  particular revenue bonds or notes pledging any particular

19  reserves.

20         (3)  The obligations may be issued as serial

21  obligations or as term obligations, or in both forms.  The

22  obligations shall be authorized by a bond resolution of the

23  authority and shall bear such dates; mature at such times, not

24  to exceed the year following the last year in which the final

25  payments in an education loan series portfolio are due or 30

26  years, whichever is sooner, from their respective dates of

27  issue; bear interest at such rates; be payable at such times;

28  be in such denominations; be in such form, either coupon or

29  fully registered; carry such registration and conversion

30  privileges; be payable in lawful money of the United States of

31  America at such places; and be subject to such terms of


                                 1084

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  redemption as such bond resolution may provide. Obligations

 2  shall be executed by the manual or facsimile signatures of

 3  such officers of the authority as shall be designated by the

 4  authority. Obligations may be sold at public or private sale

 5  in such manner and for such price as the authority shall

 6  determine.  Pending preparation of the definitive bonds, the

 7  authority may issue interim receipts or certificates which

 8  shall be exchanged for such definitive bonds.

 9         (4)  Any bond resolution may contain provisions, which

10  shall be a part of the contract with the holders of the

11  obligations to be authorized, as to:

12         (a)  The pledging or assigning of all or part of the

13  revenues derived from the authority loans and education loans

14  to secure the payment of the obligations to be issued.

15         (b)  The fees and other amounts to be charged; the sums

16  to be raised in each year thereby; and the use, investment,

17  and disposition of such sums.

18         (c)  The setting aside of loan funding deposits, debt

19  service reserves, capitalized interest accounts, cost of

20  insurance accounts, and sinking funds and the regulation,

21  investment, and disposition thereof.

22         (d)  Limitations on the right of the authority or its

23  agent to restrict and regulate the use of education loans.

24         (e)  Limitations on the purpose to which the proceeds

25  of sale of any issue of obligations then or thereafter to be

26  issued may be invested or applied.

27         (f)  Limitations on the issuance of additional

28  obligations; the terms upon which additional obligations may

29  be issued and secured; the terms upon which additional

30  obligations may rank on a parity with, or be subordinate or

31  


                                 1085

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  superior to, other obligations; and the refunding of

 2  outstanding obligations.

 3         (g)  The procedure, if any, by which the terms of any

 4  contract with bondholders may be amended or abrogated, the

 5  amount of obligations the holders of which must consent

 6  thereto, and the manner in which such consent may be given.

 7         (h)  Limitations on the amount of moneys derived from

 8  the loan program to be expended for operating, administrative,

 9  or other expenses of the authority.

10         (i)  Defining the acts or omissions to act which

11  constitute a default in the duties of the authority to holders

12  of obligations and providing the rights or remedies of such

13  holders in the event of a default.

14         (j)  Providing for guarantees, pledges or endowments,

15  letters of credit, property, or other security for the benefit

16  of the holders of such obligations.

17         (k)  Any other matters relating to the obligations

18  which the authority deems desirable to include in the bond

19  resolution.

20         (5)  Neither the members of the authority nor any

21  person executing the obligations shall be liable personally on

22  the obligations or be subject to any personal liability or

23  accountability by reason of the issuance thereof.

24         (6)  The authority shall have power to purchase its

25  obligations out of any funds available therefor.  The

26  authority may hold, pledge, cancel, or resell such obligations

27  subject to and in accordance with agreements with bondholders.

28         (7)  The authority shall have the power to refund any

29  of its obligations.  Such refunding obligations shall be

30  issued in the same manner as other obligations of the

31  authority.


                                 1086

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 505.  Section 1009.9977, Florida Statutes, is

 2  created to read:

 3         1009.9977  Trust agreement to secure obligations.--In

 4  the discretion of the authority, any obligations issued under

 5  the provisions of this act may be secured by a trust agreement

 6  by and between the authority and a corporate trustee, which

 7  may be any trust company or bank having the powers of a trust

 8  company within or without the state.  The trust agreement may

 9  pledge or assign the revenues to be received by the authority;

10  may contain such provisions for protecting and enforcing the

11  rights and remedies of the bondholders as may be reasonable

12  and proper and not in violation of law, particularly including

13  such provisions as have hereinabove been specifically

14  authorized to be included in any bond resolution of the

15  authority; and may restrict individual rights of action by

16  bondholders.  Any bank or trust company incorporated under the

17  laws of this state which may act as depository of the proceeds

18  of bonds or of revenues or other moneys may furnish such

19  indemnifying bonds or pledge such securities as may be

20  required by the authority.  Any such trust agreement may set

21  forth the rights and remedies of the bondholders and of the

22  trustee.  In addition, any trust agreement may contain such

23  other provisions as the authority may deem reasonable and

24  proper for the security of the bondholders.  All expenses

25  incurred in carrying out the provisions of the trust agreement

26  may be treated as part of the cost of the operation of an

27  education loan program.

28         Section 506.  Section 1009.9978, Florida Statutes, is

29  created to read:

30         1009.9978  Payment of obligations.--Obligations issued

31  under the provisions of this act shall not be deemed to


                                 1087

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  constitute a debt or liability of the state or the county or a

 2  pledge of the faith and credit of the state or any county, but

 3  such obligations shall be payable solely from the funds herein

 4  provided therefor from revenues.  Each such obligation shall

 5  contain on its face a statement to the effect that neither the

 6  county nor the authority shall be obligated to pay the same or

 7  the interest thereon except from revenues of the loan program

 8  for which it is issued and that neither the faith and credit

 9  nor the taxing power of the state or of any political

10  subdivision thereof is pledged to the payment of the principal

11  of or the interest on such bonds.  The issuance of obligations

12  under the provisions of this act shall not directly,

13  indirectly, or contingently obligate the state or any

14  political subdivision thereof to levy or pledge any form of

15  taxation whatever therefor or to make any appropriation for

16  their payment.

17         Section 507.  Section 1009.9979, Florida Statutes, is

18  created to read:

19         1009.9979  Pledge of revenues.--Each authority shall

20  fix, revise, charge, and collect fees, and it is empowered to

21  contract with any person in respect thereof.  Each agreement

22  entered into by the authority with an institution shall

23  provide that the fees and other amounts payable by the

24  institution of higher education with respect to any program of

25  the authority shall be sufficient at all times to:

26         (1)  Pay the institution's share of the administrative

27  costs and expenses of such program;

28         (2)  Pay the principal of, the premium, if any, on, and

29  the interest on outstanding obligations of the authority which

30  have been issued in respect of such program to the extent that

31  other revenues of the authority pledged for the payment of the


                                 1088

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  obligations are insufficient to pay the obligations as they

 2  become due and payable;

 3         (3)  Create and maintain reserves which may, but need

 4  not, be required or provided for in the bond resolution

 5  relating to such obligations of the authority; and

 6         (4)  Establish and maintain whatever education loan

 7  servicing, control, or audit procedures are deemed necessary

 8  to the prudent operations of the authority.

 9  

10  The authority shall pledge the revenues from each program as

11  security for the issue of obligations relating to such

12  program. Such pledge shall be valid and binding from the time

13  the pledge is made; the revenues so pledged by the authority

14  shall immediately be subject to the lien of such pledge

15  without any physical delivery thereof or further act, and the

16  lien of any such pledge shall be valid and binding against all

17  parties having claims of any kind in tort, in contract, or

18  otherwise against the authority or any participating

19  institution, irrespective of whether such parties have notice

20  thereof.

21         Section 508.  Section 1009.998, Florida Statutes, is

22  created to read:

23         1009.998  Funds as trust funds.--All moneys received by

24  or on behalf of an authority pursuant to this act, whether as

25  proceeds from the sale of obligations or as revenues, shall be

26  deemed to be trust funds to be held and applied solely as

27  provided in this act. Any officer with whom, or any bank or

28  trust company with which, such moneys are deposited shall act

29  as trustee of such moneys and shall hold and apply the same

30  for the purposes of this act, subject to such regulations as

31  


                                 1089

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  this act and the bond resolution authorizing the issue of any

 2  obligations may provide.

 3         Section 509.  Section 1009.9981, Florida Statutes, is

 4  created to read:

 5         1009.9981  Obligations; qualities of investment

 6  securities.--All obligations issued under the provisions of

 7  this act, regardless of form or terms, shall have all the

 8  qualities and incidents, including negotiability, of

 9  investment securities under the Uniform Commercial Code.

10  Compliance with the provisions of such code respecting the

11  filing of a financing statement to perfect a security interest

12  is not necessary for perfecting any security interest granted

13  by an authority.

14         Section 510.  Section 1009.9982, Florida Statutes, is

15  created to read:

16         1009.9982  Rights of holders of obligations.--Any

17  holder of obligations issued pursuant to this act or a trustee

18  under a trust agreement entered into pursuant to this act,

19  except to the extent that the rights herein given may be

20  restricted by any bond resolution or trust agreement, may, by

21  any suitable form of legal proceedings:

22         (1)  Protect and enforce any and all rights under the

23  laws of this state or granted hereunder or by the bond

24  resolution or trust agreement;

25         (2)  Enjoin unlawful activities; and

26         (3)  In the event of default with respect to the

27  payment of any principal of, premiums, if any, on, and

28  interest on any obligation or in the performance of any

29  covenant or agreement on the part of the authority in the bond

30  resolution, apply to the circuit court to appoint a receiver

31  to administer and operate the education loan program or


                                 1090

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  programs, the revenues of which are pledged to the payment of

 2  principal of, premium, if any, on, and interest on such

 3  obligations, with full power to pay, and to provide for

 4  payment of, principal of, premium, if any, on, and interest on

 5  such obligations and with such powers, subject to the

 6  direction of the court, as are permitted by law and are

 7  accorded receivers, excluding any power to pledge additional

 8  revenues of the authority to the payment of such principal,

 9  premium, and interest.

10         Section 511.  Section 1009.9983, Florida Statutes, is

11  created to read:

12         1009.9983  Refunding obligations; purpose, proceeds;

13  investment of proceeds.--

14         (1)  An authority may provide for the issuance of

15  obligations for the purpose of refunding any of its

16  obligations then outstanding, including the payment of any

17  redemption premium thereon and any interest accrued or to

18  accrue to the earliest or any subsequent date of redemption,

19  purchase, or maturity of such obligations.

20         (2)  The proceeds of any such obligations issued for

21  the purpose of refunding outstanding obligations may, in the

22  discretion of the authority, be applied to the purchase or

23  retirement at maturity or redemption of such outstanding

24  obligations either on their earliest or any subsequent

25  redemption date or upon the purchase or at the maturity

26  thereof and may, pending such application, be placed in escrow

27  to be applied to such purchase or retirement at maturity or

28  redemption on such date as may be determined by the authority.

29         (3)  Any such escrowed proceeds, pending such use, may

30  be invested and reinvested in direct obligations of the United

31  States of America or in certificates of deposit or time


                                 1091

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  deposits of financial institutions secured as to principal by

 2  such direct obligations, which direct obligations,

 3  certificates of deposit, or time deposits mature at such time

 4  as shall be appropriate to assure the prompt payment, as to

 5  principal, interest, and redemption premium, if any, of the

 6  outstanding obligations to be so refunded. The interest,

 7  income, and profits, if any, earned or realized on any such

 8  investment may also be applied to the payment of the

 9  outstanding obligations to be so refunded.  After the terms of

10  the escrow have been fully satisfied and carried out, any

11  balance of such proceeds and interest, income, and profits, if

12  any, earned or realized on the investments thereof shall be

13  returned to the authority for use in any lawful manner.

14         (4)  All such refunding bonds shall be subject to this

15  act in the same manner and to the same extent as other revenue

16  bonds issued pursuant to this act.

17         Section 512.  Section 1009.9984, Florida Statutes, is

18  created to read:

19         1009.9984  Investment of funds of authority.--Except as

20  otherwise provided in s. 1009.9983(3), an authority may invest

21  any funds in:

22         (1)  Direct obligations of the United States of

23  America;

24         (2)  Obligations as to which the timely payment of

25  principal and interest is fully guaranteed by the United

26  States of America;

27         (3)  Obligations of the Federal Intermediate Credit

28  Banks, Federal Banks for Cooperatives, Federal Land Banks,

29  Federal Home Loan Banks, Federal National Mortgage

30  Association, Government National Mortgage Association, and

31  Student Loan Marketing Association;


                                 1092

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (4)  Certificates of deposit or time deposits

 2  constituting direct obligations of any financial institution

 3  as defined by the financial institutions codes, as now or

 4  hereafter amended, except that investments may be made only in

 5  those certificates of deposit or time deposits in financial

 6  institutions which are insured by the appropriate federal

 7  regulatory agency as defined in s. 655.005; and

 8         (5)  Withdrawable capital accounts or deposits of state

 9  or federally chartered savings and loan associations which are

10  insured by an agency of the Federal Government.  Any such

11  securities may be purchased at the offering or market price

12  thereof at the time of such purchase.  All such securities so

13  purchased shall mature or be redeemable on a date prior to the

14  time when, in the judgment of the authority, the funds so

15  invested will be required for expenditure.  The express

16  judgment of the authority as to the time when any funds will

17  be required for expenditure or be redeemable is final and

18  conclusive.

19         Section 513.  Section 1009.9985, Florida Statutes, is

20  created to read:

21         1009.9985  Obligations as legal investments.--Any bank,

22  banker, trust company, savings bank or institution, building

23  and loan association, savings and loan association, investment

24  company, or other person carrying on a banking business or

25  investment business; insurance company or insurance

26  association; executor, administrator, guardian, trustee, or

27  other fiduciary; or public officer or public body of the state

28  or its political subdivisions may legally invest any sinking

29  funds, moneys, or other funds belonging to it or within its

30  control in any obligations issued pursuant to this act.

31  


                                 1093

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 514.  Section 1009.9986, Florida Statutes, is

 2  created to read:

 3         1009.9986  Validation of bonds and proceedings.--A

 4  higher education loan authority shall determine its authority

 5  to issue any of its bonds, and the legality of all proceedings

 6  in connection therewith, as provided in chapter 75.

 7         Section 515.  Section 1009.9987, Florida Statutes, is

 8  created to read:

 9         1009.9987  Actions to contest validity of bonds.--An

10  action or proceeding to contest the validity of any bond

11  issued under this act, other than a proceeding pursuant to s.

12  1009.9986, shall be commenced within 30 days after

13  notification, in a newspaper of general circulation within the

14  area, of the passage by the authority of the resolution

15  authorizing the issuance of such bond.

16         Section 516.  Section 1009.9988, Florida Statutes, is

17  created to read:

18         1009.9988  Annual report.--Each authority shall keep an

19  accurate account of all of its activities and shall annually

20  provide a report thereof to the commission and to the

21  Commissioner of Education.  Such report shall be a public

22  record and open for inspection at the offices of the authority

23  during normal business hours.  The report shall include:

24         (1)  Summaries of all applications by institutions of

25  higher education for education loan financing assistance

26  presented to the authority during such fiscal year;

27         (2)  Summaries of all education loan programs which

28  have received any form of financial assistance from the

29  authority during such year;

30         (3)  The nature and amount of all education loan

31  financing assistance;


                                 1094

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (4)  A report concerning the financial condition of the

 2  various education loan series portfolios; and

 3         (5)  Projected activities of the authority for the next

 4  fiscal year, including projections of the total amount of

 5  financial assistance anticipated and the amount of obligations

 6  that will be necessary to provide the projected level of

 7  assistance during the next fiscal year.

 8         Section 517.  Section 1009.9989, Florida Statutes, is

 9  created to read:

10         1009.9989  Act as alternative method.--This act shall

11  be deemed to provide a complete, additional, and alternative

12  method for the doing of the things authorized hereby and shall

13  be regarded as supplemental and additional to powers or rights

14  conferred by other laws; however, the issuance of obligations

15  and refunding obligations under this act need not comply with

16  the requirements of any other law applicable to the issuance

17  of obligations.  Except as otherwise expressly provided in

18  this act, none of the powers granted to an authority under

19  this act shall be subject to the supervision or regulation, or

20  require the approval or consent, of any municipality or

21  political subdivision or any department, division, commission,

22  board, body, bureau, official, or agency thereof or of the

23  state.

24         Section 518.  Section 1009.9990, Florida Statutes, is

25  created to read:

26         1009.9990  State agreement.--The state does hereby

27  pledge to and agree with the holders of any obligations issued

28  under this act, and with those parties who may enter into

29  contracts with an authority pursuant to the provisions of this

30  act, that the state will not limit or alter the rights hereby

31  vested in the authority until such obligations, together with


                                 1095

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the interest thereon, are fully met and discharged and such

 2  contracts are fully performed on the part of the authority;

 3  however, nothing herein contained shall preclude such

 4  limitation or alteration if adequate provision is made by law

 5  for the protection of the holders of such obligations of an

 6  authority or those entering into such contracts with an

 7  authority.  An authority is authorized to include this pledge

 8  and undertaking for the state in such obligations or

 9  contracts.

10         Section 519.  Section 1009.9991, Florida Statutes, is

11  created to read:

12         1009.9991  Conflicts of interest.--

13         (1)  If any member, officer, or employee of an

14  authority has an interest, either direct or indirect, in any

15  contract to which the authority is, or is to be, a party or in

16  any institution requesting an authority loan from the

17  authority, such interest shall be disclosed to the authority

18  in writing and shall be set forth in the minutes of the

19  authority. The person having such interest shall not

20  participate in any action by the authority with respect to

21  such contract or such institution.

22         (2)  Nothing in this section shall be construed to

23  limit the right of any member, officer, or employee of an

24  authority to acquire an interest in bonds of the authority or

25  to have an interest in any banking institution in which the

26  bonds of the authority are, or are to be, deposited or which

27  is, or is to be, acting as trustee or paying agent under any

28  bond resolution, trust indenture, or similar instrument to

29  which the authority is a party.

30         Section 520.  Section 1009.9992, Florida Statutes, is

31  created to read:


                                 1096

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         1009.9992  Liberal construction.--This act, being

 2  necessary for the welfare of the state and its inhabitants,

 3  shall be liberally construed to effect its purpose.

 4         Section 521.  Section 1009.9993, Florida Statutes, is

 5  created to read:

 6         1009.9993  Tax exemption.--Neither an authority nor its

 7  agent or trustee shall be required to pay any taxes or

 8  assessments upon any transactions, or any property acquired or

 9  used by the authority or its agents or trustees under the

10  provisions of this act or upon the income therefrom.  Any

11  bonds, notes, or other obligations issued under the provisions

12  of this act and their transfer and the income therefrom,

13  including any profit made on the sale thereof, shall at all

14  times be exempt from taxation of any kind by the state or any

15  of its political subdivisions. The exemption granted by this

16  section shall not be applicable to any tax imposed by chapter

17  220 on interest, income, or profits on debt obligations owned

18  by corporations.

19         Section 522.  Section 1009.9994, Florida Statutes, is

20  created to read:

21         1009.9994  State Board of Administration authority to

22  borrow and lend funds to finance student loans; conditions and

23  limitations.--

24         (1)  The State of Florida, acting through the State

25  Board of Administration, is authorized to borrow funds to

26  finance student loans and to lend such funds to eligible

27  lenders described under the provisions of the Higher Education

28  Act of 1965 (20 U.S.C. ss. 1071 et seq.), as amended or as may

29  be amended, or other federal laws providing for the guarantee

30  of loans to students and the partial payment of interest on

31  such loans by the United States Government.


                                 1097

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (2)  In order to obtain such funds, the State of

 2  Florida, acting through the State Board of Administration, is

 3  authorized to enter into loan agreements and interlocal

 4  agreements with any county, municipality, special district, or

 5  other local governmental body. Such agreements shall be for

 6  such periods and under such terms and conditions as may be

 7  mutually agreed upon by the parties thereto in order to carry

 8  out the purposes of s. 15, Art. VII of the State Constitution.

 9  The loans shall be repaid only from the proceeds received

10  under loan agreements with eligible lenders or from the

11  proceeds received from the repayment of the student loans.

12  Such agreements shall provide that the loans to the state will

13  not constitute a general or moral obligation or a pledge of

14  the faith and credit or the taxing power of the state.

15         (3)  The State of Florida, acting through the State

16  Board of Administration, is further authorized to enter into

17  loan agreements or other contracts under which the state will

18  loan the funds obtained from the local governments to eligible

19  lenders as defined in s. 435(g)(1)(D) of the Higher Education

20  Act of 1965 (20 U.S.C. ss. 1071 et seq.), as amended or as may

21  be amended, or other federal laws providing for the guarantee

22  of loans to students and the partial payment of interest on

23  such loans by the United States Government.  Such agreements

24  or contracts shall be for such periods and under such terms

25  and conditions as may be mutually agreed upon by the parties

26  thereto in order to carry out the purposes of s. 15, Art. VII

27  of the State Constitution.  Higher Education Loan Program of

28  Florida, Inc., a Florida nonprofit corporation, is hereby

29  designated an eligible lender hereunder, and any other lender,

30  to the extent permitted under s. 435(g)(1)(D) of the Higher

31  Education Act of 1965 (20 U.S.C. ss. 1071 et seq.), as amended


                                 1098

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  or as may be amended, or other federal laws providing for the

 2  guarantee of loans to students and the partial payment of

 3  interest on such loans by the United States Government, may be

 4  designated by the Governor, with the concurrence of the State

 5  Board of Administration, as an eligible lender hereunder.

 6         (4)  The State of Florida, acting through the State

 7  Board of Administration, is further authorized to enter into

 8  such further contracts and to take such further actions as may

 9  be necessary or convenient in order to carry out the purposes

10  of this section.

11         (5)  Notice shall be published in a newspaper of

12  general circulation within the territorial jurisdiction of the

13  governmental body following adoption by the local governmental

14  body of a resolution authorizing a loan agreement or

15  interlocal agreement under this section.  An action or

16  proceeding to contest the validity of any such loan agreement

17  or interlocal agreement must be commenced within 30 days after

18  publication of such notice.

19         (6)  The provisions of this section shall be liberally

20  construed in order to effectively carry out its purposes.

21  This section shall be deemed to provide an additional and

22  alternative method for the doing of the things authorized

23  hereby and shall be regarded as supplemental to powers

24  conferred by other laws, and shall not be regarded as in

25  derogation of any powers now existing.

26         Section 523.  Contingent upon ss. 1011.41 and

27  1011.4106, Florida Statutes, which transfer funding associated

28  with student tuition and fees and other authorized fees for

29  services to local accounts to be managed by university boards

30  of trustees, becoming law, the total receipts of the state

31  which are subject to the revenue limitations of Article VII,


                                 1099

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Section 1(e) of the Florida Constitution shall be reduced by

 2  the Revenue Estimation Conference to reflect this transfer.

 3         Section 524.  Chapter 1010, Florida Statutes, shall be

 4  entitled "Financial Matters" and shall consist of ss.

 5  1010.01-1010.86.

 6         Section 525.  Part I of chapter 1010, Florida Statutes,

 7  shall be entitled "General Accounting Requirements" and shall

 8  consist of ss. 1010.01-1010.11.

 9         Section 526.  Section 1010.01, Florida Statutes, is

10  created to read:

11         1010.01  Uniform records and accounts.--

12         (1)  The financial records and accounts of each school

13  district, community college, university, and other institution

14  or agency under the supervision of the State Board of

15  Education shall be prepared and maintained as prescribed by

16  law and rules of the State Board of Education.

17         (2)  Rules of the State Board of Education shall

18  incorporate the requirements of law and the appropriate

19  requirements of the Governmental Accounting Standards Board

20  (GASB) for State and Local Government.

21         (3)  Required financial accounts and reports shall

22  include provisions that are unique to each of the following:

23  K-12 school districts, community colleges, and state

24  universities, and shall provide for the data to be reported to

25  the National Center of Educational Statistics and other

26  governmental and professional educational data information

27  services as appropriate.

28         Section 527.  Section 1010.011, Florida Statutes, is

29  created to read:

30         1010.011  Definition.--For purposes of chapters 1010

31  and 1011, the following terms: university, universities, and


                                 1100

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  university board of trustees include New College under the

 2  supervision of the State Board of Education.

 3         Section 528.  Section 1010.02, Florida Statutes, is

 4  created to read:

 5         1010.02  Financial accounting and expenditures.--All

 6  funds accruing to a school district, a community college, or a

 7  university must be received, accounted for, and expended in

 8  accordance with law and rules of the State Board of Education.

 9         Section 529.  Section 1010.03, Florida Statutes, is

10  created to read:

11         1010.03  Delinquent accounts.--District school boards,

12  community college boards of trustees, and university boards of

13  trustees:

14         (1)  Shall exert every effort to collect all delinquent

15  accounts.

16         (2)  May charge off or settle such accounts as may

17  prove uncollectible.

18         (3)  May employ the services of a collection agency

19  when deemed advisable in collecting delinquent accounts.

20         (4)  May adopt rules, as necessary, to implement the

21  provisions of this section, including setoff procedures,

22  payroll deductions, and restrictions on release of

23  transcripts, awarding of diplomas, and access to other

24  resources and services of the school district, community

25  college, or university.

26         Section 530.  Section 1010.04, Florida Statutes, is

27  created to read:

28         1010.04  Purchasing.--

29         (1)  Purchases and leases by school districts,

30  community colleges, and universities shall comply with the

31  requirements of law and rules of the State Board of Education.


                                 1101

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (2)  Each district school board, community college

 2  board of trustees, and each university board of trustees shall

 3  adopt rules to be followed in making purchases.

 4         (3)  In districts in which the county purchasing agent

 5  is authorized by law to make purchases for the benefit of

 6  other governmental agencies within the county, the district

 7  school board and community college board of trustees shall

 8  have the option to purchase from the current county contracts

 9  at the unit price stated therein if such purchase is to the

10  economic advantage of the district school board or the

11  community college board of trustees; subject to confirmation

12  of the items of purchase to the standards and specifications

13  prescribed by the school district or community college.

14         (4)  The State Board of Education may, by rule, provide

15  for alternative procedures for bidding or purchasing in cases

16  in which the character of the item requested renders

17  competitive bidding impractical.

18         Section 531.  Section 1010.05, Florida Statutes, is

19  created to read:

20         1010.05  Federal grants; maximization of indirect cost

21  allowance.--The Department of Education shall maximize the

22  available federal indirect cost allowed on all federal grants.

23  Beginning with the 2002-2003 fiscal year, none of the funds

24  received from indirect cost allowance shall be expended by the

25  department without specific appropriation by the Legislature.

26  Funds received pursuant to s. 1004.22 are specifically exempt

27  from this provision.

28         Section 532.  Section 1010.07, Florida Statutes, is

29  created to read:

30         1010.07  Bonds or insurance required.--

31  


                                 1102

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (1)  Each district school board, community college

 2  board of trustees, and university board of trustees shall

 3  ensure that each official and employee responsible for

 4  handling, expending, or authorizing the expenditure of funds

 5  shall be appropriately bonded or insured to protect the board

 6  and the funds involved.

 7         (2)  Contractors paid from school district, community

 8  college, or university funds shall give bond for the faithful

 9  performance of their contracts in such amount and for such

10  purposes as prescribed by s. 255.05 or by rules of the State

11  Board of Education relating to the type of contract involved.

12  It shall be the duty of the district school board, community

13  college board of trustees, and university board of trustees to

14  require construction contractors a bond adequate to protect

15  the board and the board's funds involved.

16         Section 533.  Section 1010.08, Florida Statutes, is

17  created to read:

18         1010.08  Promotion and public relations; funding.--Each

19  district school board and community college board of trustees

20  may budget and use a portion of the funds accruing to it from

21  auxiliary enterprises and undesignated gifts for promotion and

22  public relations as prescribed by rules of the State Board of

23  Education. Such funds may be used to provide hospitality to

24  business guests in the district or elsewhere. However, such

25  hospitality expenses may not exceed the amount authorized for

26  such contingency funds as prescribed by rules of the State

27  Board of Education.

28         Section 534.  Section 1010.09, Florida Statutes, is

29  created to read:

30         1010.09  Direct-support organizations.--School

31  district, community college, and university direct-support


                                 1103

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  organizations shall be organized and conducted under the

 2  provisions of ss. 1004.28, 1004.70, 1013.77 and rules of the

 3  State Board of Education, as applicable.

 4         Section 535.  Section 1010.11, Florida Statutes, is

 5  created to read:

 6         1010.11  Electronic transfer of funds.--Pursuant to the

 7  provisions of s. 215.85, each district school board, community

 8  college board of trustees, and university board of trustees

 9  shall adopt written policies prescribing the accounting and

10  control procedures under which any funds under their control

11  are allowed to be moved by electronic transaction for any

12  purpose including direct deposit, wire transfer, withdrawal,

13  or investment. Electronic transactions shall comply with the

14  provisions of chapter 668.

15         Section 536.  Part II of chapter 1010, Florida

16  Statutes, shall be entitled "Financial Reporting" and shall

17  consist of ss. 1010.20-1010.24.

18         Section 537.  Section 1010.20, Florida Statutes, is

19  created to read:

20         1010.20  Cost accounting and reporting for school

21  districts.--

22         (1)  COST ACCOUNTING.--Each school district shall

23  account for expenditures of all state, local, and federal

24  funds on a school-by-school and a district-aggregate basis in

25  accordance with the manual developed by the Department of

26  Education or as provided by law.

27         (2)  COST REPORTING.--

28         (a)  Each district shall report on a district-aggregate

29  basis expenditures for inservice training pursuant to s.

30  1011.62(3) and for categorical programs as provided in s.

31  1011.62(5).


                                 1104

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  Each district shall report on a school-by-school

 2  and on an aggregate district basis expenditures for each

 3  program funded in s. 1011.62(1)(c).

 4         (c)  The Commissioner of Education shall present to the

 5  Legislature, prior to the opening of the regular session each

 6  year, a district-by-district report of the expenditures

 7  reported pursuant to paragraphs (a) and (b).  The report shall

 8  include total expenditures, a detailed analysis showing

 9  expenditures for each program, and such other data as may be

10  useful for management of the education system. The

11  Commissioner of Education shall also compute cost factors

12  relative to the base student allocation for each funded

13  program in s. 1011.62(1)(c).

14         (3)  PROGRAM EXPENDITURE REQUIREMENTS.--

15         (a)  Each district shall expend at least the percent of

16  the funds generated by each of the programs listed in this

17  section on the aggregate total school costs for such programs:

18         1.  Kindergarten and grades 1, 2, and 3, 90 percent.

19         2.  Grades 4, 5, 6, 7, and 8, 80 percent.

20         3.  Grades 9, 10, 11, and 12, 80 percent.

21         4.  Programs for exceptional students, on an aggregate

22  program basis, 90 percent.

23         5.  Grades 7 through 12 career and technical education

24  programs, on an aggregate program basis, 80 percent.

25         6.  Students-at-risk programs, on an aggregate program

26  basis, 80 percent.

27         7.  Juvenile justice programs, on an aggregate program

28  basis, 80 percent.

29         8.  Any new program established and funded under s.

30  1011.62(1)(c), that is not included under subparagraphs 1.-6.,

31  on an aggregate basis as appropriate, 80 percent.


                                 1105

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  Funds for inservice training established in s.

 2  1011.62(3) and for categorical programs established in s.

 3  1011.62(5) shall be expended for the costs of the identified

 4  programs as provided by law and in accordance with the rules

 5  of the State Board of Education.

 6         Section 538.  Section 1010.21, Florida Statutes, is

 7  created to read:

 8         1010.21  Indirect costs.--District school boards shall

 9  assess district indirect costs only for services received by

10  the program or institution against which such cost is

11  assessed. When assigning each specific indirect cost to

12  multiple programs or institutions, district school boards

13  shall identify one basis for the assessment of such cost and

14  shall maintain the same basis for assigning such cost to each

15  program or institution.

16         Section 539.  Section 1010.215, Florida Statutes, is

17  created to read:

18         1010.215  Educational funding accountability.--

19         (1)  As used in this section, the term:

20         (a)  "Administrative personnel" means those employees

21  responsible for management functions such as the development

22  of broad policies and implementation of those policies through

23  the direction of personnel.

24         (b)  "Educational support personnel" means

25  district-based and school-based employees, including

26  professional staff, technicians, secretaries, clerks, skilled

27  workers, transportation employees, food service employees, and

28  custodial and maintenance workers.

29         (c)  "Instructional personnel" means classroom

30  teachers, including substitute teachers.

31  


                                 1106

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (d)  "Instructional specialists" means staff members

 2  responsible for providing student personnel services,

 3  librarians, and media specialists.

 4         (e)  "Instructional support personnel" means aides or

 5  assistants to instructional personnel or instructional

 6  specialists.

 7         (f)  "Managers" means instructional and

 8  noninstructional employees with some managerial and

 9  supervisory functions, although primarily responsible for

10  general operations.  This category includes only

11  district-based employees.

12         (2)  Each district school board must classify each

13  employee of the district school board into one of the

14  following categories:

15         (a)  Instructional personnel;

16         (b)  Instructional specialists;

17         (c)  Instructional support personnel;

18         (d)  Administrative personnel;

19         (e)  Managers; or

20         (f)  Educational support personnel.

21  

22  The district school board shall notify each employee of such

23  classification.

24         (3)(a)  The school public accountability report to

25  parents must include the number of employees in each of the

26  categories listed in subsection (2), by work location.

27  However, this does not include the number of temporary

28  substitute employees.

29         (b)  Any teacher-to-student ratio or class size measure

30  required by law or State Board of Education rule must be

31  computed by dividing the number of students in membership at


                                 1107

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the school by the number of full-time equivalent instructional

 2  personnel pursuant to paragraph (2)(a). Class size reports for

 3  exceptional student education shall be computed by dividing

 4  the number of exceptional students in membership by the number

 5  of full-time equivalent exceptional education classroom

 6  teachers who are classified as instructional personnel

 7  pursuant to paragraph (2)(a).

 8         (4)(a)  All expenditures within the general and special

 9  revenue funds for each district school board, including

10  salaries, benefits, purchased services, energy services,

11  materials and supplies, capital outlay, and miscellaneous

12  expenditures, for the following purposes are classified as

13  administrative expenditures:

14         1.  District school board.

15         2.  General administration.

16         3.  School administration, excluding support

17  expenditures.

18         4.  Facilities acquisition and construction at the

19  district level.

20         5.  Fiscal services.

21         6.  Central services at the district level.

22         (b)  All expenditures within the general and special

23  revenue funds for each district school board, including

24  salaries, benefits, purchased services, energy services,

25  materials and supplies, capital outlay, and miscellaneous

26  expenditures, for the following purposes are classified as

27  instructional expenditures:

28         1.  Instruction.

29         2.  Instructional support services, including student

30  personnel services, instructional media services, instruction

31  


                                 1108

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  and curriculum development, and instructional staff training

 2  services.

 3         3.  School administration, including support

 4  expenditures.

 5         4.  Facilities acquisition and construction at the

 6  school level.

 7         5.  Food services.

 8         6.  Central services at the school level.

 9         7.  Student transportation services.

10         8.  Operation of plant.

11         9.  Maintenance of plant.

12  

13  Definitions for the functions specified in this subsection are

14  specified in State Board of Education rules.

15         (5)  The annual school public accountability report

16  required by ss. 1001.42(16) and 1008.345 must include a school

17  financial report. The purpose of the school financial report

18  is to better inform parents and the public concerning how

19  revenues were spent to operate the school during the prior

20  fiscal year. Each school's financial report must follow a

21  uniform, districtwide format that is easy to read and

22  understand.

23         (a)  Total revenue must be reported at the school,

24  district, and state levels. The revenue sources that must be

25  addressed are state and local funds, other than lottery funds;

26  lottery funds; federal funds; and private donations.

27         (b)  Expenditures must be reported as the total

28  expenditures per unweighted full-time equivalent student at

29  the school level and the average expenditures per full-time

30  equivalent student at the district and state levels in each of

31  the following categories and subcategories:


                                 1109

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         1.  Teachers, excluding substitute teachers, and

 2  education paraprofessionals who provide direct classroom

 3  instruction to students enrolled in programs classified by s.

 4  1011.62 as:

 5         a.  Basic programs;

 6         b.  Students-at-risk programs;

 7         c.  Special programs for exceptional students;

 8         d.  Career education programs; and

 9         e.  Adult programs.

10         2.  Substitute teachers.

11         3.  Other instructional personnel, including

12  school-based instructional specialists and their assistants.

13         4.  Contracted instructional services, including

14  training for instructional staff and other contracted

15  instructional services.

16         5.  School administration, including school-based

17  administrative personnel and school-based education support

18  personnel.

19         6.  The following materials, supplies, and operating

20  capital outlay:

21         a.  Textbooks;

22         b.  Computer hardware and software;

23         c.  Other instructional materials;

24         d.  Other materials and supplies; and

25         e.  Library media materials.

26         7.  Food services.

27         8.  Other support services.

28         9.  Operation and maintenance of the school plant.

29         (c)  The school financial report must also identify the

30  types of district-level expenditures that support the school's

31  operations. The total amount of these district-level


                                 1110

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  expenditures must be reported and expressed as total

 2  expenditures per full-time equivalent student.

 3         (6)  Based on the classifications in this section, each

 4  district school board shall annually submit a report by

 5  January 1, which identifies and summarizes administrative

 6  expenditures and instructional expenditures by fund for the

 7  preceding fiscal year.  The report shall also state the number

 8  of unweighted full-time equivalent students enrolled in the

 9  school district.  The total amount of administrative

10  expenditures shall be divided by the number of unweighted

11  full-time equivalent students to determine the administrative

12  expenditures per student.  This calculation is to be made

13  separately for the general and the special revenue funds. In

14  addition, the report shall reflect the number of employees in

15  each category outlined in subsection (2) and the percentage of

16  employees in each category, excluding the number of temporary

17  substitute employees. This report shall be submitted to the

18  commissioner and shall be made available to the public. The

19  school public accountability report shall contain notification

20  of the availability of this report.

21         Section 540.  Section 1010.22, Florida Statutes, is

22  created to read:

23         1010.22  Cost accounting and reporting for workforce

24  education.--

25         (1)  Each school district and each community college

26  shall account for expenditures of all state, local, federal,

27  and other funds in the manner prescribed by the State Board of

28  Education.

29         (2)  Each school district and each community college

30  shall report expenditures for workforce education in

31  


                                 1111

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  accordance with requirements prescribed by the State Board of

 2  Education.

 3         (3)  The Department of Education, in cooperation with

 4  school districts and community colleges, shall develop and

 5  maintain a database of valid comparable information on

 6  workforce education which will meet both state and local

 7  needs.

 8         Section 541.  Section 1010.23, Florida Statutes, is

 9  created to read:

10         1010.23  Cost accounting and reporting for community

11  colleges.--Community colleges shall provide an annual report

12  on the cost of operations as provided in s. 1011.84.

13         Section 542.  Section 1010.24, Florida Statutes, is

14  created to read:

15         1010.24  Cost accounting and reporting for

16  universities.--Universities shall provide an annual

17  expenditure analysis report as provided in s. 1011.90.

18         Section 543.  Part III of chapter 1010, Florida

19  Statutes, shall be entitled "Audit Requirements and

20  Procedures" and shall consist of ss. 1010.30-1010.34.

21         Section 544.  Section 1010.30, Florida Statutes, is

22  created to read:

23         1010.30  Audits required.--School districts, community

24  colleges, universities, and other institutions and agencies

25  under the supervision of the State Board of Education are

26  subject to the audit provisions under ss. 11.45 and 218.39.

27         Section 545.  Section 1010.305, Florida Statutes, is

28  created to read:

29         1010.305  Audit of student enrollment.--

30         (1)  The Auditor General shall periodically examine the

31  records of school districts, and other agencies as


                                 1112

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  appropriate, to determine compliance with law and State Board

 2  of Education rules relating to the classification, assignment,

 3  and verification of full-time equivalent student enrollment

 4  and student transportation reported under the Florida

 5  Education Finance Program.

 6         (2)  If it is determined that the approved criteria and

 7  procedures for the placement of students and the conduct of

 8  programs have not been followed by the district, appropriate

 9  adjustments in the full-time equivalent student count for that

10  district must be made, and any excess funds must be deducted

11  from subsequent allocations of state funds to that district.

12  As provided for by rule, if errors in a specific program of a

13  district recur in consecutive years due to lack of corrective

14  action by the district, adjustments may be made based upon

15  statistical estimates of error projected to the overall

16  district program.

17         Section 546.  Section 1010.33, Florida Statutes, is

18  created to read:

19         1010.33  Financial and performance audits.--Each

20  district school board and community college board of trustees,

21  and university board of trustees is authorized to have an

22  audit of their accounts and records by an independent

23  certified public accountant retained by them and paid from

24  their public funds. These audits are in addition to those

25  required by ss. 11.45 and 218.39.

26         Section 547.  Section 1010.34, Florida Statutes, is

27  created to read:

28         1010.34  Audits of direct-support

29  organizations.--Audits of school district, community college,

30  and state university direct-support organizations are subject

31  


                                 1113

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  to the audit provisions of ss. 1013.77(4), 1004.28(5), and

 2  1004.70(6), as applicable.

 3         Section 548.  Part IV of chapter 1010, Florida

 4  Statutes, shall be entitled "Provisions Relating to Bonding"

 5  and shall consist of ss. 1010.40-1010.619.

 6         Section 549.  Section 1010.40, Florida Statutes, is

 7  created to read:

 8         1010.40  Proposals for issuing bonds.--Whenever the

 9  residents of a school district in this state shall desire the

10  issuance of bonds by such school district for the purpose of

11  acquiring, building, enlarging, furnishing, or otherwise

12  improving buildings or school grounds, or for any other

13  exclusive use of the public schools within such school

14  district, they shall present to the district school board a

15  petition signed by not less than 25 percent of the duly

16  qualified electors residing within the school district,

17  setting forth in general terms the amount of the bonds desired

18  to be issued, the purpose thereof, and that the proceeds

19  derived from the sale of such bonds shall be used for the

20  purposes set forth in the petition. The requirement for such

21  petition may be dispensed with and the proposition of issuing

22  bonds for the purposes as herein outlined may be initiated by

23  the district school board of the said district; however,

24  nothing contained in this section shall repeal any of the

25  provisions of ss. 100.201-100.221, 100.241, 100.261-100.341,

26  and 100.351.

27         Section 550.  Section 1010.41, Florida Statutes, is

28  created to read:

29         1010.41  Procedure of district school boards with

30  reference to proposals for issuing bonds.--It shall be the

31  duty of the district school board to plan the school financial


                                 1114

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  program of the district so that, insofar as practicable,

 2  needed capital outlay expenditures can be made without the

 3  necessity of issuing bonds. Whenever the district school board

 4  proposes an issue of bonds or has received any petition

 5  proposing the issuance of bonds, as provided in s. 1010.40,

 6  the said board shall forthwith proceed as follows:

 7         (1)  The district school board, after considering

 8  recommendations submitted by the district school

 9  superintendent, shall determine whether in its opinion the

10  projects for which bonds are proposed to be issued are

11  essential for the school program of the district.

12         (2)  If the proposed projects are deemed essential by

13  the district school board or if the proposed projects are

14  rejected in whole or in part, the district school board shall,

15  if practicable, prepare a plan for carrying out the projects,

16  or at least part of the projects, with current funds which

17  have been or can be set aside for that purpose.

18         (3)  If the district school board determines that any

19  portion of the projects cannot be carried out so that all

20  costs can be met from the proceeds of a special district

21  millage voted for that purpose or from district current funds

22  that are not needed for salaries of teachers or other

23  necessary expenses of operating the schools or from such funds

24  that can reasonably be expected to be available by the time

25  the projects are completed, or cannot be completed on the

26  basis of a loan against district current funds, approved in

27  accordance with s. 1011.14, the district school board shall

28  then determine the amount of bonds necessary to be issued to

29  complete the projects as proposed for the district and shall

30  adopt and transmit to the Department of Education a resolution

31  setting forth the proposals with reference to the projects and


                                 1115

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the proposed plan for financing the projects, said resolution

 2  to be in such form and contain such information as may be

 3  prescribed by the State Board of Education. If the Department

 4  of Education shall determine that the issuance of bonds as

 5  proposed is unnecessary or is unnecessary in the amount and

 6  according to the plan proposed, and shall notify the district

 7  school board accordingly, the district school board shall then

 8  amend its resolution to conform to the recommendation of the

 9  Department of Education, and no further action shall be taken

10  for a period of at least 1 year on the proposal for a bond

11  issue unless, within 30 days thereafter, a petition signed by

12  at least 35 percent of the qualified electors within the

13  district is received by the school board requesting that an

14  election be called to vote bonds for the purposes set forth

15  and in an amount which shall not exceed the amount of bonds

16  proposed by the district school board. If such a petition is

17  received by the district school board, as provided herein, or

18  if the resolution proposing a bond issue has been approved by

19  the Department of Education, the school board shall then

20  proceed at its next ensuing meeting to adopt a resolution

21  authorizing that an election be held for the purpose of

22  determining whether bonds shall be issued as proposed.

23         Section 551.  Section 1010.42, Florida Statutes, is

24  created to read:

25         1010.42  Publication of resolution.--It shall be the

26  duty of the district school board, when the resolution

27  proposing a bond issue has been approved by the Department of

28  Education or when such a proposal has been rejected by the

29  Department of Education and a new petition signed by 35

30  percent of the qualified electors of the district has been

31  presented, and when the resolution authorizing an election has


                                 1116

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  been adopted as set forth above, to cause such resolution to

 2  be published at least once each week for 2 consecutive weeks

 3  in some newspaper published in the district. This resolution

 4  may also include a notice of election as prescribed in s.

 5  1010.43.

 6         Section 552.  Section 1010.43, Florida Statutes, is

 7  created to read:

 8         1010.43  Notice of election; qualifications of

 9  electors.--The district school board shall also, at the

10  meeting at which is passed the resolution provided for in s.

11  1010.41, order that an election shall be held in the school

12  district to determine whether or not there shall be issued by

13  the district the bonds provided for in such resolution, in

14  which election only the duly qualified electors thereof shall

15  vote; and prior to the time of holding such election, the

16  district school board shall cause to be published at least

17  once each week for 2 consecutive weeks in a newspaper

18  published in the district a notice of the holding of such

19  election, which shall specify the time and place or places of

20  the holding thereof.  The resolution prescribed in s. 1010.41

21  may be incorporated in and published as a part of the notice

22  prescribed in this section.

23         Section 553.  Section 1010.44, Florida Statutes, is

24  created to read:

25         1010.44  Conduct of election; form of ballot;

26  appointment of inspectors; canvassing returns.--The election,

27  provided for in s. 1010.43, shall be held at the place or

28  several places in the district where the last general election

29  was held throughout the district, unless the district school

30  board orders otherwise; and the district school board shall

31  appoint inspectors for the election and cause to be prepared


                                 1117

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  and furnished to the inspectors the ballots to be used at the

 2  election; the form of ballots for such election shall be: "For

 3  bonds" or "Against bonds." The inspectors shall make returns

 4  to the the district school board immediately after the

 5  election, and the school board shall hold a special meeting as

 6  soon thereafter as practicable for the purpose of canvassing

 7  the election returns and shall determine and certify its

 8  result.

 9         Section 554.  Section 1010.45, Florida Statutes, is

10  created to read:

11         1010.45  Result of election held.--If it appears by the

12  result of the election that a majority of the votes cast shall

13  be "For bonds," the district school board shall issue the

14  bonds authorized by the election for the purposes specified in

15  the resolution as published, not to exceed the amount named

16  therein. If the majority of the votes cast shall have been

17  "Against bonds," no bonds shall be issued.

18         Section 555.  Section 1010.46, Florida Statutes, is

19  created to read:

20         1010.46  If election adverse, no second election within

21  6 months.--If the result of the election is adverse to the

22  issuance of the bonds, no election shall be held for such

23  purpose within 6 months thereafter. In the event such election

24  shall result or shall have resulted in an equal number of

25  votes being cast for the issuance of the bonds as shall be

26  cast adverse to issuance of bonds, the district school board

27  may call and order another or second election within the

28  district to have determined the question of whether the bonds

29  specified in the original petition and resolution shall be

30  issued by the district, after giving notice as provided for by

31  s. 1010.43, and it shall not be necessary to have presented to


                                 1118

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the district school board further petitions to order the

 2  second election.

 3         Section 556.  Section 1010.47, Florida Statutes, is

 4  created to read:

 5         1010.47  Receiving bids and sale of bonds.--

 6         (1)  If the issuance of bonds is authorized at the

 7  election, or if any bonds outstanding against the district are

 8  being refunded, the district school board shall cause notice

 9  to be given by publication in some newspaper published in the

10  district that the board will receive bids for the purchase of

11  the bonds at the office of the district school superintendent.

12  The notice shall be published twice and the first publication

13  shall be given not less than 30 days prior to the date set for

14  receiving the bids. The notice shall specify the amount of the

15  bonds offered for sale, shall state whether the bids shall be

16  sealed bids or whether the bonds are to be sold at auction,

17  and shall give the schedule of maturities of the proposed

18  bonds and such other pertinent information as may be

19  prescribed by rules of the State Board of Education. Bidders

20  may be invited to name the rate of interest that the bonds are

21  to bear or the district school board may name rates of

22  interest and invite bids thereon. In addition to publication

23  of notice of the proposed sale as set forth in this

24  subsection, the district school board shall notify in writing

25  at least three recognized bond dealers in the state, and, at

26  the same time, notify the Department of Education concerning

27  the proposed sale and enclose a copy of the advertisement.

28         (2)  All bonds and refunding bonds issued as provided

29  by law shall be sold to the highest and best bidder at such

30  public sale unless sold at a better price or yield basis

31  within 30 days after failure to receive an acceptable bid at a


                                 1119

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  duly advertised public sale, provided that at no time shall

 2  bonds or refunding bonds be sold or exchanged at less than par

 3  value except as specifically authorized by the Department of

 4  Education; and provided, further, that the district school

 5  board shall have the right to reject all bids and cause a new

 6  notice to be given in like manner inviting other bids for such

 7  bonds, or to sell all or any part of such bonds to the State

 8  Board of Education at a price and yield basis that shall not

 9  be less advantageous to the district school board than that

10  represented by the highest and best bid received. In the

11  marketing of the bonds the district school board shall be

12  entitled to have such assistance as can be rendered by the

13  Division of Bond Finance, the Commissioner of Education, or

14  any other public state officer or agency. In determining the

15  highest and best bidder for bonds offered for sale, the net

16  interest cost to the school board as shown in standard bond

17  tables shall govern, provided that the determination of the

18  district school board as to the highest and best bidder shall

19  be final.

20         Section 557.  Section 1010.48, Florida Statutes, is

21  created to read:

22         1010.48  Bidders to give security.--The district school

23  board may require of all bidders for the bonds that they give

24  security by bond or by a deposit to the district school board

25  that the bidder shall comply with the terms of the bid, and

26  any bidder whose bid is accepted shall be liable to the

27  district school board for all damages on account of the

28  nonperformance of the terms of such bid or to a forfeiture of

29  the deposit required by the district school board.

30         Section 558.  Section 1010.49, Florida Statutes, is

31  created to read:


                                 1120

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         1010.49  Form and denomination of bonds.--The district

 2  school board may prescribe the denomination of the bonds to be

 3  issued, and such bonds may be issued with or without interest

 4  coupons in the discretion of the board. The form of the bonds

 5  to be issued may be prescribed by the State Board of Education

 6  on the recommendation of the Department of Legal Affairs. The

 7  schedule of maturities of the proposed bonds shall be so

 8  arranged that the total payments required each year shall be

 9  as nearly equal as practicable. The schedule shall provide

10  that all bonds are to be retired within a period of 20 years

11  from the date of issuance unless a longer period is required

12  and has been specifically approved by the Department of

13  Education. All bonds issued under this section that bear

14  interest in excess of 2.99 percent shall be callable on terms

15  prescribed by the district school board beginning not later

16  than 10 years from the date of issuance.

17         Section 559.  Section 1010.50, Florida Statutes, is

18  created to read:

19         1010.50  Investment of fiduciary funds in bonds;

20  security for deposit of public funds.--School district bonds

21  authorized and issued under the provisions of this chapter

22  shall be lawful investments for fiduciary and trust funds,

23  including all funds in the control of trustees, assignees,

24  administrators, and executors, and may be accepted as security

25  for all deposits of public funds.

26         Section 560.  Section 1010.51, Florida Statutes, is

27  created to read:

28         1010.51  Records to be kept and reports to be

29  made.--The district school board shall maintain a complete

30  record of all bonds issued under the provisions of this

31  chapter, which record shall show upon what authority the bonds


                                 1121

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  are issued, the amount for which issued, the persons to whom

 2  issued, the date of issuance, the purpose or purposes for

 3  which issued, the rate of interest to be paid, and the time

 4  and place of payment of each installment of principal and

 5  interest. This record shall be so arranged as to show the

 6  amount of principal and interest to be paid each year and

 7  shall also show the annual or semiannual payments which are

 8  made and the bonds which are canceled. In addition the

 9  district school superintendent shall file with the Department

10  of Education in accordance with rules of the State Board of

11  Education reports giving such information as may be required

12  regarding any bonds which may be issued as provided herein.

13         Section 561.  Section 1010.52, Florida Statutes, is

14  created to read:

15         1010.52  Bonds may be validated; validity of

16  bonds.--When an issue of bonds for any school district shall

17  be authorized in the manner provided under the terms of this

18  chapter, such bonds shall, in the discretion of the district

19  school board, be subject to validation in the manner provided

20  for in chapter 75. In lieu of validation as set forth in that

21  chapter, the district school board may, in its discretion,

22  submit to the Department of Legal Affairs all information

23  relating to the issuance of bonds as provided in said chapter

24  75, and an approving opinion of the Department of Legal

25  Affairs shall be sufficient evidence that the bonds are valid.

26  Bonds reciting that they are issued pursuant to the terms of

27  this chapter shall, in any action or proceeding involving

28  their validity, be conclusively deemed to be fully authorized

29  thereby, to have been issued, sold, executed, and delivered in

30  conformity therewith, and with all other provisions of law

31  applicable thereto, and shall be incontestable, anything


                                 1122

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  herein or in other statutes to the contrary notwithstanding,

 2  unless such action or proceeding is begun before or within 30

 3  days after the date upon which the bonds are sold, paid for

 4  and delivered.

 5         Section 562.  Section 1010.53, Florida Statutes, is

 6  created to read:

 7         1010.53  Proceeds; how expended.--The proceeds derived

 8  from the sale of the bonds shall be held by the district

 9  school board and shall be expended by the board for the

10  purpose for which the bonds were authorized for the school

11  district, and shall be held and expended in the manner

12  following:

13         (1)  The district school board shall deposit, or cause

14  to be deposited, the proceeds arising from the sale of each

15  issue of bonds in a separate bond construction fund account in

16  the school depository.

17         (2)  All or any part of the fund derived from the

18  proceeds of any such bond issue that in the judgment of the

19  district school board is not immediately needed may be placed

20  in the following securities maturing not later than the time

21  when the funds are reasonably expected to be needed:

22         (a)  In investments listed in s. 218.415(16).

23         (b)  In any bonds issued by the district; provided,

24  such bonds are not in default and can be obtained at a price

25  which will result in a net saving to the taxpayers of the

26  district.

27         (c)  In any obligations of the district school board

28  approved in accordance with the provisions of ss. 1011.13,

29  1011.14, and 1011.15.

30         (d)  In any bonds issued by the State Board of

31  Education or another school district.


                                 1123

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 563.  Section 1010.54, Florida Statutes, is

 2  created to read:

 3         1010.54  Disposition of surplus of bond issue.--Should

 4  there remain any of the proceeds of the sale of school

 5  district bonds after the purpose and object for which the

 6  bonds were issued shall have been carried out and performed by

 7  the district school board, the surplus then shall be held by

 8  the district school board and expended for the exclusive use

 9  of the public schools within the school district as the

10  district school board may deem reasonable and proper.

11         Section 564.  Section 1010.55, Florida Statutes, is

12  created to read:

13         1010.55  Additional bond issues.--After the issuance by

14  any school district of bonds in the manner authorized in this

15  chapter, the qualified electors of the school district may

16  thereafter, from time to time, in the manner herein provided

17  for, authorize one or more additional bond issues as they may

18  determine upon.

19         Section 565.  Section 1010.56, Florida Statutes, is

20  created to read:

21         1010.56  Board of Administration to act as fiscal agent

22  in issuance and sale of motor vehicle anticipation

23  certificates.--

24         (1)  In aid of the provisions of s. 18, Art. XII of the

25  State Constitution of 1885 as adopted by s. 9(d), Art. XII,

26  1968 revised constitution and the additional provisions of s.

27  9(d), the State Board of Administration may upon request of

28  the State Board of Education, act as fiscal agent for the

29  State Board of Education in the issuance and sale of any or

30  all bonds or motor vehicle tax anticipation certificates,

31  including any refunding of bonds, certificates or interest


                                 1124

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  coupons thereon which may be issued pursuant to the above

 2  cited provisions of the State Constitution and upon request of

 3  the State Board of Education the State Board of Administration

 4  may take over the management, control, bond trusteeship,

 5  administration, custody and payment of any or all debt service

 6  or other funds or assets now or hereafter available for any

 7  bonds or certificates issued for the purpose of obtaining

 8  funds for the use of any district school board or to pay, fund

 9  or refund any bonds or certificates theretofore issued for

10  such purpose.  The State Board of Education may from time to

11  time provide by its duly adopted resolution or resolutions the

12  duties said fiscal agent shall perform as authorized by this

13  section and such duties may be changed, modified or repealed

14  by subsequent resolution or resolutions as the State Board of

15  Education may deem appropriate, provided, however, that such

16  changes shall only affect the duties of the State Board of

17  Administration as fiscal agent and shall not affect or modify

18  the paramount constitutional authority of the State Board of

19  Education nor affect, modify, or impair the contract rights of

20  persons holding or owning the obligations so authorized to be

21  issued.

22         (2)  No such bonds or motor vehicle tax anticipation

23  certificates shall ever be issued by the State Board of

24  Administration until after the adoption of a resolution

25  requesting the issuance thereof by the State Board of

26  Education for and on behalf of the district for which the

27  obligations are to be issued.

28         (3)  All such bonds or certificates issued pursuant to

29  this part shall be issued in the name of the State Board of

30  Education but shall be issued for and on behalf of the

31  district school board requesting the issuance thereof and


                                 1125

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  shall be issued pursuant to any rules adopted by the State

 2  Board of Education which are not in conflict with the

 3  provisions of s. 18, Art. XII of the State Constitution of

 4  1885 as adopted by s. 9(d), Art. XII, 1968 revised

 5  constitution, and the additional provisions of s. 9(d).

 6         (4)  The proceeds of any sale of original bonds or

 7  original certificates shall be deposited in the State Treasury

 8  to the credit of the particular construction account for which

 9  the original bonds or original certificates were issued and

10  shall be under the direct control and supervision of the State

11  Board of Education, and withdrawals from such construction

12  accounts shall be made only upon warrants signed by the

13  Comptroller and drawn upon the Treasurer.  Such warrants shall

14  be issued by the Comptroller only when the vouchers requesting

15  such warrants are accompanied by the certificates of the State

16  Board of Education to the effect that such withdrawals are

17  proper expenditures for the cost of the particular

18  construction account against which the requested warrants are

19  to be drawn.

20         (5)  The State Board of Administration shall annually

21  determine the amounts necessary to meet the debt service

22  requirements of all bonds or certificates administered by it

23  pursuant to this section and shall certify to the State Board

24  of Education said amounts needed.  The State Board of

25  Education, upon being satisfied that the amounts are correct,

26  shall pay the amounts direct to the State Board of

27  Administration for application by the State Board of

28  Administration as provided under the terms of the resolutions

29  authorizing the issuance of the bonds or certificates and as

30  provided in s. 18, Art. XII of the State Constitution of 1885

31  


                                 1126

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  as adopted by s. 9(d), Art. XII, 1968 revised constitution,

 2  and the additional provisions of s. 9(d).

 3         (6)  The expenses of the State Board of Administration

 4  incident to the issuance and sale of any bonds or certificates

 5  issued under the provisions of the constitution and under the

 6  provisions of this section shall be paid from the proceeds of

 7  the sale of the bonds or certificates or from the funds

 8  distributable to each county under the provisions of s. 18(a),

 9  Art. XII of the Constitution of 1885 as adopted by s. 9(d),

10  Art. XII, 1968 revised constitution. All other expenses of the

11  State Board of Administration for services rendered

12  specifically for, or which are properly chargeable to the

13  account of any bonds or certificates issued for and on behalf

14  of any district school board under the above cited provisions

15  of the State Constitution shall be paid from the funds

16  distributable to each county under the provisions of s. 18(a),

17  Art. XII of the State Constitution of 1885 as adopted by s.

18  9(d), Art. XII, 1968 revised constitution; but general

19  expenses of the State Board of Administration for services

20  rendered all the districts alike shall be prorated among them

21  and paid from the funds distributable to each district on the

22  same basis as such funds are distributable under the

23  provisions of s. 18(a), Art. XII of the State Constitution of

24  1885 as adopted by s. 9(d), Art. XII, 1968 revised

25  constitution.

26         (7)  The provisions of this section contemplate that it

27  will aid the State Board of Education and better serve the

28  purposes contemplated by s. 18, Art. XII of the State

29  Constitution of 1885 as adopted by s. 9(d), Art. XII, 1968

30  revised constitution, and the additional provisions of s. 9(d)

31  and not be inconsistent therewith.


                                 1127

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 566.  Section 1010.57, Florida Statutes, is

 2  created to read:

 3         1010.57  Bonds payable from motor vehicle license tax

 4  funds; instruction units computed.--

 5         (1)  For the purpose of administering the provisions of

 6  s. 9(d), Art. XII of the State Constitution as amended in

 7  1972, the number of current instruction units in districts

 8  shall be computed annually by the Department of Education by

 9  multiplying the number of full-time equivalent students in

10  programs under s. 1011.62(1)(c) in each district by the cost

11  factors established in the General Appropriations Act and

12  dividing by 23, except that all basic program cost factors

13  shall be one, and the special program cost factors for

14  hospital and homebound I and for community service shall be

15  zero. Full-time equivalent membership for students residing in

16  Department of Children and Family Services residential care

17  facilities or identified as Department of Juvenile Justice

18  students shall not be included in this computation. Any

19  portion of the fund not expended during any fiscal year may be

20  carried forward in ensuing budgets and shall be temporarily

21  invested as prescribed by law or rules of the State Board of

22  Education.

23         (2)  Whenever the State Board of Education issues bonds

24  or certificates for and on behalf of any district school

25  board, or whenever any district school board issues bonds or

26  certificates repayable from motor vehicle license tax funds,

27  the aggregate number of instruction units in the district in

28  any future school fiscal year, as authorized under the

29  amendment contained in s. 18, Art. XII of the State

30  Constitution of 1885 as amended and adopted by reference in s.

31  9(d), Art. XII of the Constitution of 1968, to the full extent


                                 1128

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  necessary to pay all principal of and interest on, and

 2  reserves for, bonds or certificates issued for and on behalf

 3  of the district or by the district school board in any school

 4  fiscal year, as they become due and payable, shall be not less

 5  than the aggregate number of instruction units in the district

 6  for the school fiscal year preceding the school fiscal year in

 7  which the bonds or certificates are issued, computed in

 8  accordance with the statutes in force in the school fiscal

 9  year preceding the school fiscal year in which the bonds or

10  certificates are issued.

11         (3)  The provisions of this section are not intended

12  to, and shall not, be applicable to, or confer any rights on,

13  any district to payments from said motor vehicle license taxes

14  except to the full extent necessary to pay all principal of

15  and interest on, and reserves for, bonds or certificates so

16  issued by the district school board and by the State Board of

17  Education for and on behalf of the school districts, in each

18  future school fiscal year as they mature and become due; and

19  except for such purpose, all payments of the amounts of the

20  motor vehicle license taxes distributable under the provisions

21  of s. 18, Art. XII of the State Constitution of 1885 as

22  amended and adopted by reference in s. 9(d), Art. XII of the

23  Constitution of 1968 shall continue to be made and distributed

24  to the districts in the manner provided by the amendment and

25  the general laws of Florida in force and effect at the time of

26  the distributions.

27         Section 567.  Section 1010.58, Florida Statutes, is

28  created to read:

29         1010.58  Procedure for determining number of

30  instruction units for community colleges.--The number of

31  instruction units for community colleges shall be determined


                                 1129

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  from the full-time equivalent students in the community

 2  college, provided that full-time equivalent students may not

 3  be counted more than once in determining instruction units.

 4  Instruction units for community colleges shall be computed as

 5  follows:

 6         (1)  One unit for each 12 full-time equivalent students

 7  at a community college for the first 420 students and one unit

 8  for each 15 full-time equivalent students for all over 420

 9  students, in other than career and technical education

10  programs as defined by rules of the State Board of Education,

11  and one unit for each 10 full-time equivalent students in

12  career and technical education programs and compensatory

13  education programs as defined by rules of the State Board of

14  Education.  Full-time equivalent students enrolled in a

15  community college shall be defined by rules of the State Board

16  of Education.

17         (2)  For each 8 instruction units in a community

18  college, 1 instruction unit or proportionate fraction of a

19  unit shall be allowed for administrative and special

20  instructional services, and for each 20 instruction units, 1

21  instruction unit or proportionate fraction of a unit shall be

22  allowed for student personnel services.

23         Section 568.  Section 1010.59, Florida Statutes, is

24  created to read:

25         1010.59  Interest rates.--All bonds issued by the State

26  Board of Education pursuant to the provisions of s. 9(a), Art.

27  XII of the State Constitution, as amended, may bear interest

28  at such rate or rates as may be determined by the State Board

29  of Education. However, the maximum rate of interest shall not

30  exceed the rates authorized under the provisions of s. 215.84.

31  


                                 1130

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 569.  Section 1010.60, Florida Statutes, is

 2  created to read:

 3         1010.60  State Board of Education; issuance of bonds

 4  pursuant to s. 11(f), Art. VII, State Constitution.--

 5         (1)  Pursuant to s. 11(f), Art. VII of the State

 6  Constitution, the State Board of Education, supported by the

 7  building fee, the capital improvement fee, or any other

 8  revenue approved by the Legislature for facilities

 9  construction, is authorized to request the issuance of bonds

10  or other forms of indebtedness pursuant to the State Bond Act

11  to finance or refinance capital projects authorized by the

12  Legislature. In order to take advantage of economic

13  conditions, the Division of Bond Finance shall process

14  requests by the State Board of Education to refinance capital

15  projects under this section on a priority basis.

16         (2)  The State Board of Education may approve the

17  issuance of revenue bonds or other forms of indebtedness by a

18  direct-support organization when such revenue bonds or other

19  forms of indebtedness are used to finance or refinance capital

20  projects which are to provide facilities necessary and

21  desirable to serve the needs and purposes of the university,

22  as determined by the systemwide strategic plan adopted by the

23  State Board of Education, and when the project has been

24  approved by the Legislature.

25         Section 570.  Section 1010.61, Florida Statutes, is

26  created to read:

27         1010.61  Powers.--The State Board of Education shall

28  have all the powers necessary or advisable to carry out and

29  effectuate the purposes and provisions of s. 1010.60 and this

30  part and is hereby authorized:

31  


                                 1131

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (1)  Pursuant to the State Bond Act, to borrow money

 2  and issue interest-bearing revenue certificates or other forms

 3  of indebtedness to acquire any projects approved by the

 4  Legislature and to provide for the payment of the same and for

 5  the rights of the holders thereof as herein provided.

 6         (2)  To pledge any trust funds which are available, and

 7  not otherwise obligated, for purposes of securing the revenue

 8  certificates and to combine such funds as the board may deem

 9  appropriate.

10         (3)  To adopt such rules as may be necessary for

11  carrying out the requirements of this part and to perform all

12  acts and do all things necessary or convenient to carry out

13  the powers granted herein.

14         Section 571.  Section 1010.611, Florida Statutes, is

15  created to read:

16         1010.611  Resolution for issuance of revenue

17  certificates.--The issuance of revenue certificates under the

18  provisions of this part and the State Bond Act shall be

19  requested by resolution of the State Board of Education. Said

20  revenue certificates shall bear interest at such rate or rates

21  not exceeding the interest rate limitations set forth in s.

22  215.84(3), provided that certificates may be sold at a

23  reasonable discount to par not to exceed 3 percent, except

24  that this limitation on discount does not apply to the portion

25  of the discount that constitutes original issue discount. The

26  revenue certificates may be issued in one or more series, may

27  bear such date or dates, may be in such denomination or

28  denominations, may mature at such time or times, not exceeding

29  30 years from their respective dates, may be in such form,

30  either coupon or registered, may carry such registration

31  privileges, may be executed in such manner, may be payable in


                                 1132

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  such medium of payment and at such place or places, may be

 2  subject to such terms of redemption, with or without premium,

 3  may contain such terms, covenants, and conditions, and may be

 4  declared or become due before the maturity date thereof as

 5  such resolution or other resolutions may provide. The revenue

 6  certificate may be sold at public sale by competitive bid or

 7  negotiated sale. Pending the preparation of the definitive

 8  certificates, interim receipts or certificates in such form

 9  and with such provisions as the board may determine may be

10  issued to the purchaser or purchasers of certificates sold

11  pursuant to this part. The certificates and interim receipts

12  shall be fully negotiable within the meaning and for all the

13  purposes of the negotiable instruments law.

14         Section 572.  Section 1010.612, Florida Statutes, is

15  created to read:

16         1010.612  Powers to secure revenue certificates.--The

17  State Board of Education, in connection with the issuance of

18  revenue certificates to acquire any projects for an

19  institution or in order to secure the payment of such revenue

20  certificates and interest thereon, shall have power by

21  resolution:

22         (1)  To fix and maintain fees, rentals, and other

23  charges from students and others using or being served by, or

24  having the right to use, or having the right to be served by,

25  such projects.

26         (2)  To provide that such revenue certificates shall be

27  secured by a first, exclusive, and closed lien on the income

28  and revenue (but not the real property of such institution)

29  derived from, and shall be payable from, fees, rentals, and

30  other charges from students and others using or being served

31  


                                 1133

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  by, or having the right to use, or having the right to be

 2  served by, such project.

 3         (3)  To pledge and assign to, or in trust for the

 4  benefit of, the holder or holders of such revenue certificates

 5  an amount of the income and revenue derived from fees,

 6  rentals, and other charges from students and others using or

 7  being served by, or having the right to use, or having the

 8  right to be served by, such project.

 9         (4)  To covenant with or for the benefit of the holder

10  or holders of such revenue certificates that so long as any of

11  such revenue certificates shall remain outstanding and unpaid,

12  such institution will fix, maintain, and collect in such

13  installments as may be agreed upon an amount of the fees,

14  rentals, and other charges from students and others using or

15  being served by, or having the right to use, or having the

16  right to be served by, such project, which shall be sufficient

17  to pay when due such revenue certificates and interest

18  thereon, and to create and maintain reasonable reserves

19  therefor, and to pay the cost of operation and maintenance of

20  such project, which costs of operation and maintenance shall

21  be determined by the board in its absolute discretion.

22         (5)  To make and enforce and agree to make and enforce

23  parietal rules that shall ensure the use of such project by

24  all students in attendance at such institutions to the maximum

25  extent to which such project is capable of serving such

26  students.

27         (6)  To covenant that so long as any of such revenue

28  certificates shall remain outstanding and unpaid, it will not,

29  except upon such terms and conditions as may be determined:

30         (a)  Voluntarily create or cause to be created any

31  debt, lien, pledge, assignment, encumbrance or other charge


                                 1134

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  having priority to the lien of such revenue certificates upon

 2  any of the income and revenues derived from fees, rentals, and

 3  other charges from students and others using or being served

 4  by, or having the right to use, or having the right to be

 5  served by, such project, or

 6         (b)  Convey or otherwise alienate such project or the

 7  real estate upon which such project shall be located, except

 8  at a price sufficient to pay all such revenue certificates

 9  then outstanding and interest accrued thereon, and then only

10  in accordance with any agreements with the holder or holders

11  of such revenue certificates.

12         (7)  To covenant as to the procedure by which the terms

13  of any contract with a holder or holders of such revenue

14  certificates may be amended or abrogated, the amount of

15  percentage of revenue certificates the holder or holders of

16  which must consent thereto, and the manner in which such

17  consent may be given.

18         (8)  To vest in a trustee or trustees the right to

19  receive all or any part of the income and revenue pledged and

20  assigned to, or for the benefit of, the holder or holders of

21  such revenue certificates and to hold, apply and dispose of

22  the same and the right to enforce any covenant made to secure

23  or pay or in relation to such revenue certificates; to execute

24  and deliver a trust agreement or trust agreements which may

25  set forth the powers and duties and the remedies available to

26  such trustee or trustees and limiting the liabilities thereof

27  and describing what occurrences shall constitute events of

28  default and prescribing the terms and conditions upon which

29  such trustee or trustees or the holder or holders of revenue

30  certificates of any specified amount or percentage of such

31  revenue certificate may exercise such rights and enforce any


                                 1135

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  and all such covenants and resort to such remedies as may be

 2  appropriate.

 3         (9)  To vest in a trustee or trustees or the holder or

 4  holders of any specified amount or percentage of revenue

 5  certificates the right to apply to any court of competent

 6  jurisdiction for and have granted the appointment of a

 7  receiver or receivers of the income and revenue pledged and

 8  assigned to or for the benefit of the holder or holders of

 9  such revenue certificates, which receiver or receivers may

10  have and be granted such powers and duties as such court may

11  order or decree for the protection of the revenue certificate

12  holders.

13         (10)  To make covenants with the holders of any bonds

14  and to perform any other duties and responsibilities which are

15  deemed necessary or advisable to enhance the security of such

16  bonds, and the marketability thereof, and which are customary

17  in accordance with the market requirements for the sale of

18  such bonds.

19         Section 573.  Section 1010.613, Florida Statutes, is

20  created to read:

21         1010.613  Remedies of any holder of revenue

22  certificates.--Any holder or holders of revenue certificates,

23  including a trustee, or trustees for holders of such revenue

24  certificates, shall have the right, in addition to all other

25  rights, by mandamus or other suit, action, or proceeding in

26  any court of competent jurisdiction to enforce his or her or

27  their rights against the State Board of Education to fix and

28  collect such rentals and other charges adequate to carry out

29  any agreement as to or pledge of such fees, rentals, or other

30  charges, and require the State Board of Education to carry out

31  


                                 1136

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  any other covenants and agreements and to perform its duties

 2  under this part.

 3         Section 574.  Section 1010.614, Florida Statutes, is

 4  created to read:

 5         1010.614  Validity of revenue certificates.--The

 6  revenue certificates bearing the signatures of officers in

 7  office on the date of the signing thereof shall be valid and

 8  binding obligations, notwithstanding that before the delivery

 9  thereof and payment therefor any or all of the persons whose

10  signatures appear thereon shall have ceased to be officers of

11  the State Board of Education. The validity of the revenue

12  certificates shall not be dependent on nor affected by the

13  validity or regularity of any proceedings to acquire the

14  project financed by the revenue certificates or taken in

15  connection therewith.

16         Section 575.  Section 1010.615, Florida Statutes, is

17  created to read:

18         1010.615  Prohibitions against obligating

19  state.--Nothing in this part shall be construed to authorize

20  the State Board of Education to contract a debt on behalf of,

21  or in any way to obligate, the state, or to pledge, assign, or

22  encumber in any way, or to permit the pledging, assigning, or

23  encumbering in any way of, appropriations made by the

24  Legislature.

25         Section 576.  Section 1010.616, Florida Statutes, is

26  created to read:

27         1010.616  Revenue certificate obligations of State

28  Board of Education.--All revenue certificates issued pursuant

29  to this part shall be obligations of the State Board of

30  Education, payable only in accordance with the terms thereof

31  and shall not be obligations general, special, or otherwise of


                                 1137

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the state. Such revenue certificates shall not be a bond or

 2  debt of the state, and shall not be enforceable against the

 3  state, nor shall payment thereof be enforceable out of any

 4  funds of the board other than the income and revenue pledged

 5  and assigned to, or in trust for the benefit of, the holder or

 6  holders of such revenue certificates.

 7         Section 577.  Section 1010.617, Florida Statutes, is

 8  created to read:

 9         1010.617  Tax exemption and eligibility as legal

10  investments.--

11         (1)  The exercise of the powers granted by this part in

12  all respects constitutes the performance of essential public

13  functions for the benefit of the people of the state. All

14  properties, revenues, or other assets of the State Board of

15  Education for which revenue certificates are issued under this

16  part, and all revenue certificates issued hereunder and the

17  interest thereon, shall be exempt from all taxation by any

18  agency or instrumentality of a county, municipality, or the

19  state. The exemption granted by this section is not applicable

20  to any tax imposed by chapter 220 on interest, income, or

21  profits on debt obligations owned by corporations.

22         (2)  All obligations issued pursuant to this part shall

23  be and constitute legal investments without limitation for all

24  public bodies and for all banks, savings banks, guardians,

25  insurance funds, trustees, or other fiduciaries and shall be

26  and constitute eligible securities to be deposited as

27  collateral for security of any state, county, municipal, or

28  other public funds.

29         Section 578.  Section 1010.618, Florida Statutes, is

30  created to read:

31  


                                 1138

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         1010.618  Supplemental nature of part; construction and

 2  purpose.--The powers conferred by this part shall be in

 3  addition to and supplemental to, and the limitations imposed

 4  by this part shall not affect, the powers conferred by any

 5  other law, general or special, and revenue certificates may be

 6  issued hereunder without any referendum, notwithstanding the

 7  provisions of any other such law and without regard to the

 8  procedure required by any other such law. Insofar as the

 9  provisions of this part are inconsistent with the provisions

10  of any other law, general or special, the provisions of this

11  part shall be controlling.

12         Section 579.  Section 1010.619, Florida Statutes, is

13  created to read:

14         1010.619  Board of Administration to act as fiscal

15  agent.--Prior to the issuance of any revenue certificates, the

16  State Board of Education may request the State Board of

17  Administration to advise the State Board of Education as to

18  the fiscal sufficiency of the proposed issue. Upon sale and

19  delivery of any revenue certificates and disbursement of the

20  proceeds thereof pursuant to this part, the State Board of

21  Administration may upon request of the State Board of

22  Education take over the management, control, administration,

23  custody, and payment of any or all debt services or funds or

24  assets now or hereafter available for any revenue certificates

25  issued pursuant to this part. The State Board of

26  Administration shall upon request of the State Board of

27  Education invest all funds, including reserve funds, available

28  for any revenue certificates issued pursuant to this part in

29  the manner provided in s. 215.47. The State Board of Education

30  may from time to time provide by its duly adopted resolution

31  the duties the State Board of Administration shall perform,


                                 1139

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  and such duties may be changed, modified, or repealed by

 2  subsequent resolution as the State Board of Education may deem

 3  appropriate.

 4         Section 580.  Part V of chapter 1010, Florida Statutes,

 5  shall be entitled "Trust Funds" and shall consist of ss.

 6  1010.70-1010.86.

 7         Section 581.  Section 1010.70, Florida Statutes, is

 8  created to read:

 9         1010.70  Educational Enhancement Trust Fund.--Each

10  fiscal year, at least 38 percent of the gross revenue from the

11  sale of lottery tickets and other earned revenue, excluding

12  application processing fees, shall be deposited in the

13  Educational Enhancement Trust Fund as provided in s. 24.121.

14         Section 582.  Section 1010.71, Florida Statutes, is

15  created to read:

16         1010.71  State School Trust Fund.--

17         (1)  The State School Trust Fund shall be derived from

18  the following sources:

19         (a)  The proceeds of all lands that have been or may

20  hereafter be granted to the state by the United States for

21  public school purposes;

22         (b)  Donations to the state when the purpose is not

23  specified;

24         (c)  Appropriations by the state;

25         (d)  The proceeds of escheated property or forfeitures;

26  and

27         (e)  Twenty-five percent of the sales of public lands

28  which are now or may hereafter be owned by the state.

29         (2)  The land comprising part of the State School Trust

30  Fund shall not be subject to taxes of any kind whatsoever, but

31  shall enjoy constitutional immunity therefrom, nor shall taxes


                                 1140

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  of any kind be imposed thereon; nor, since not subject to tax,

 2  shall the state or any state agency be liable for taxes or the

 3  equivalent thereof sought to be imposed upon said land. All

 4  outstanding tax sale certificates against land of the State

 5  School Trust Fund are hereby canceled.

 6         Section 583.  Section 1010.72, Florida Statutes, is

 7  created to read:

 8         1010.72  Excellent Teaching Program Trust Fund.--The

 9  Excellent Teaching Program Trust Fund is created to be

10  administered by the Department of Education. Funds must be

11  credited to the trust fund as provided in chapter 98-309, Laws

12  of Florida, to be used for the purposes set forth therein.

13         Section 584.  Section 1010.73, Florida Statutes, is

14  created to read:

15         1010.73  State Student Financial Assistance Trust

16  Fund.--

17         (1)  The State Student Financial Assistance Trust Fund

18  is hereby created, to be administered by the Department of

19  Education. Funds shall be credited to the trust fund as

20  provided in the General Appropriations Act or similar

21  legislation, to be used for the purposes set forth therein.

22         (2)  The department may transfer into this trust fund

23  general revenue, private donations for the purpose of matching

24  state funds, and federal receipts for scholarships and grant

25  programs. An individual account code shall be established for

26  each funded scholarship and grant program for accountability

27  purposes.

28         (3)  Notwithstanding the provisions of s. 216.301, and

29  pursuant to s. 216.351, any balance in the trust fund at the

30  end of any fiscal year shall remain in the trust fund and

31  


                                 1141

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  shall be available for carrying out the purposes of the trust

 2  fund.

 3         Section 585.  Section 1010.731, Florida Statutes, is

 4  created to read:

 5         1010.731  Student Loan Guaranty Reserve Trust

 6  Fund.--Chapter 99-35, Laws of Florida, re-created the Student

 7  Loan Guaranty Reserve Trust Fund to be used by the Department

 8  of Education for the administration of the guaranteed student

 9  loan program as provided in s. 1009.92.

10         Section 586.  Section 1010.74, Florida Statutes, is

11  created to read:

12         1010.74  Educational Certification and Services Trust

13  Fund.--The proceeds from the collection of certification fees,

14  fines, penalties, and costs levied pursuant to s. 1012.59

15  shall be remitted by the Department of Education to the

16  Treasurer for deposit into and disbursed from the "Educational

17  Certification and Services Trust Fund" as re-created by

18  chapter 99-31, Laws of Florida.

19         Section 587.  Section 1010.75, Florida Statutes, is

20  created to read:

21         1010.75  Teacher Certification Examination Trust

22  Fund.--The proceeds for the certification examination fee

23  levied pursuant to s. 1012.59 shall be remitted by the

24  Department of Education to the Treasurer for deposit into and

25  disbursed for the "Teacher Certification Examination Trust

26  Fund" as re-created by chapter 99-28, Laws of Florida.

27         Section 588.  Section 1010.76, Florida Statutes, is

28  created to read:

29         1010.76  Educational Aids Trust Fund.--Chapter 99-27,

30  Laws of Florida, re-created the Educational Aids Trust Fund to

31  


                                 1142

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  administer receipts and disbursements for federal grants

 2  received by the Department of Education.

 3         Section 589.  Section 1010.77, Florida Statutes, is

 4  created to read:

 5         1010.77  Food and Nutrition Services Trust

 6  Fund.--Chapter 99-34, Laws of Florida, re-created the Food and

 7  Nutrition Services Trust Fund to record revenue and

 8  disbursements of Federal Food and Nutrition funds received by

 9  the Department of Education as authorized in s. 1006.06.

10         Section 590.  Section 1010.78, Florida Statutes, is

11  created to read:

12         1010.78  Projects, Contracts, and Grants Trust

13  Fund.--There is created in the Department of Education the

14  Projects, Contracts, and Grants Trust Fund. The personnel

15  employed to plan and administer grants or contracts for

16  specific projects shall be considered in time-limited

17  employment not to exceed the duration of the grant or until

18  completion of the project, whichever first occurs. Such

19  employees shall not acquire retention rights under the Career

20  Service System. Any employee holding permanent career service

21  status in a Department of Education position who is appointed

22  to a position under the Projects, Contracts, and Grants Trust

23  Fund shall retain such permanent status in the career service

24  position.

25         Section 591.  Section 1010.79, Florida Statutes, is

26  created to read:

27         1010.79  Sophomore Level Test Trust Fund.--Chapter

28  99-26, Laws of Florida, re-created the Sophomore Level Test

29  Trust Fund to record revenue and disbursements of examination

30  fees received by the Department of Education as authorized in

31  s. 1008.29.


                                 1143

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 592.  Section 1010.80, Florida Statutes, is

 2  created to read:

 3         1010.80  Educational Media and Technology Trust

 4  Fund.--Chapter 99-25, Laws of Florida, re-created the

 5  Educational Media and Technology Trust Fund to record revenue

 6  and disbursements by the Department of Education for the cost

 7  of producing and disseminating educational materials and

 8  products as authorized in s. 1006.39.

 9         Section 593.  Section 1010.81, Florida Statutes, is

10  created to read:

11         1010.81  Knott Data Center Working Capital Trust

12  Fund.--Chapter 99-29, Laws of Florida, re-created the Knott

13  Data Center Working Capital Trust Fund to record the revenue

14  from fees paid for services provided by the Department of

15  Education's data center and disbursements to pay the costs of

16  operating the data center as authorized in s. 216.272.

17         Section 594.  Section 1010.82, Florida Statutes, is

18  created to read:

19         1010.82  Textbook Bid Trust Fund.--Chapter 99-36, Laws

20  of Florida, re-created the Textbook Bid Trust Fund to record

21  the revenue and disbursements of textbook bid performance

22  deposits submitted to the Department of Education as required

23  in s. 1006.32.

24         Section 595.  Section 1010.83, Florida Statutes, is

25  created to read:

26         1010.83  Institutional Assessment Trust Fund.--

27         (1)  Chapter 99-32, Laws of Florida, re-created the

28  Institutional Assessment Trust Fund to be administered by the

29  Department of Education pursuant to this section and rules of

30  the State Board of Education.  The trust fund shall consist of

31  all fees and fines imposed upon nonpublic colleges and schools


                                 1144

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  pursuant to this chapter, including all fees collected from

 2  nonpublic colleges for participation in the common course

 3  designation and numbering system.  The department shall

 4  maintain separate revenue accounts for independent colleges

 5  and universities; nonpublic career education; and the

 6  Department of Education.

 7         (2)  Funds from the trust fund shall be used for

 8  purposes including, but not limited to, the following:

 9         (a)  Authorized expenses of the respective boards in

10  carrying out their required duties.

11         (b)  Financial assistance programs for students who

12  attend nonpublic institutions licensed by the board.

13         (c)  Educational programs for the benefit of current

14  and prospective owners, administrators, agents, authorized

15  groups of individuals, and faculty of institutions receiving a

16  license, a certificate of exemption, or an authorization by

17  the board.

18         (d)  Authorized expenses of the Department of Education

19  incurred as a result of the inclusion of nonpublic colleges in

20  the statewide course numbering system.

21         (3)  The board may utilize other individuals or

22  entities to administer the programs authorized in subsection

23  (2).

24         Section 596.  Section 1010.84, Florida Statutes, is

25  created to read:

26         1010.84  Displaced Homemaker Trust Fund.--Chapter

27  99-33, Laws of Florida, re-created the Displaced Homemaker

28  Trust Fund to record revenue and disbursements from fees as

29  authorized in s. 446.50.

30         Section 597.  Section 1010.85, Florida Statutes, is

31  created to read:


                                 1145

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         1010.85  Phosphate Research Trust Fund.--Chapter 99-45,

 2  Laws of Florida, re-created the Phosphate Research Trust Fund

 3  to record the revenue and disbursements from tax on severance

 4  of phosphate rock as provided in s. 211.3103.

 5         Section 598.  Section 1010.86, Florida Statutes, is

 6  created to read:

 7         1010.86  Administration of capital improvement and

 8  building fees trust funds.--The State Board of Education shall

 9  administer the Capital Improvement Fee Trust Fund and the

10  Building Fee Trust Fund which include receipts from capital

11  improvement and building student fee assessments, interest

12  earnings, and subsidy grants. All funds, except those to be

13  used for debt service payments, reserve requirements, and

14  educational research centers for child development, pursuant

15  to s. 1011.48, shall be used to fund projects appropriated by

16  the Legislature. Projects funded pursuant to this section may

17  be expanded by the use of supplemental funds such as grants,

18  auxiliary enterprises, private donations, and other nonstate

19  sources.

20         Section 599.  Chapter 1011, Florida Statutes, shall be

21  entitled "Planning and Budgeting" and shall consist of ss.

22  1011.01-1011.93.

23         Section 600.  Part I of chapter 1011, Florida Statutes,

24  shall be entitled "Preparation, Adoption, and Implementation

25  of Budgets" and shall consist of ss. 1011.01-1011.57.

26         Section 601.  Section 1011.01, Florida Statutes, is

27  created to read:

28         1011.01  Budget system established.--

29         (1)  The State Board of Education shall prepare and

30  submit a coordinated K-20 education annual legislative budget

31  request to the Governor and the Legislature on or before the


                                 1146

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  date provided by the Governor and the Legislature. The board's

 2  legislative budget request must clearly define the needs of

 3  school districts, community colleges, universities, other

 4  institutions, organizations, programs, and activities under

 5  the supervision of the board and that are assigned by law or

 6  the General Appropriations Act to the Department of Education.

 7         (2)  There shall be established in each school

 8  district, community college, and university a budget system as

 9  prescribed by law and rules of the State Board of Education.

10         (3)  Each district school board, each community college

11  board of trustees, and each state university board of trustees

12  shall prepare, adopt, and submit to the Commissioner of

13  Education for review an annual operating budget. Operating

14  budgets shall be prepared and submitted in accordance with the

15  provisions of law, rules of the State Board of Education, the

16  General Appropriations Act, and for district school boards in

17  accordance with the provisions of ss. 200.065 and 1011.64.

18         Section 602.  Section 1011.011, Florida Statutes, is

19  created to read:

20         1011.011  Legislative capital outlay budget

21  request.--The State Board of Education shall submit an

22  integrated, comprehensive budget request for educational

23  facilities construction and fixed capital outlay needs for

24  school districts, community colleges, and universities

25  pursuant to this section and 1013.46 and applicable provisions

26  of chapter 216.

27         Section 603.  Section 1011.012, Florida Statutes, is

28  created to read:

29         1011.012  Annual capital outlay budget.--

30         (1)  Each district school board, community college

31  board of trustees, and university board of trustees shall,


                                 1147

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  each year, adopt a capital outlay budget for the ensuing year

 2  in order that the capital outlay needs of the board for the

 3  entire year may be well understood by the public. This capital

 4  outlay budget shall be a part of the annual budget and shall

 5  be based upon and in harmony with the educational plant and

 6  ancillary facilities plan. This budget shall designate the

 7  proposed capital outlay expenditures by project for the year

 8  from all fund sources. The board may not expend any funds on

 9  any project not included in the budget, as amended.

10         (2)  Each district school board must prepare its

11  tentative district facilities work program as required by s.

12  1013.35 before adopting the capital outlay budget.

13         Section 604.  Part I.a. of chapter 1011, Florida

14  Statutes, shall be entitled "District School Boards:

15  Preparation, Adoption, and Implementation of Budgets" and

16  shall consist of ss. 1011.02-1011.24.

17         Section 605.  Section 1011.02, Florida Statutes, is

18  created to read:

19         1011.02  District school boards to adopt tentative

20  budget.--

21         (1)  On or before the date prescribed in rules of the

22  State Board of Education, each district school board shall

23  receive and examine the tentative budget submitted by the

24  district school superintendent, and shall require such changes

25  to be made, in keeping with the purposes of the school code,

26  as may be to the best interest of the school program in the

27  district.

28         (2)  The district school board shall determine, within

29  prescribed limits, the reserves to be allotted for

30  contingencies, and the cash balance to be carried forward at

31  the end of the year. If the district school board shall


                                 1148

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  require any changes to be made in receipts, in the reserves

 2  for contingencies, or in the cash balance to be carried

 3  forward at the end of the year, it shall also require

 4  necessary changes to be made in the appropriations for

 5  expenditures so that the budget, as changed, will not contain

 6  appropriations for expenditures and reserves in excess of, or

 7  less than, estimated receipts and balances.

 8         (3)  The proposed budget shall include an amount for

 9  local required effort for current operation, in accordance

10  with the requirements of s. 1011.62(4).

11         (4)  When a tentative budget has been prepared in

12  accordance with rules of the State Board of Education, the

13  proposed expenditures, plus transfers, and balances shall not

14  exceed the estimated income, transfers, and balances. The

15  budget and each of the parts thereof shall balance.

16         (5)  The district school board shall adopt a tentative

17  budget.

18         Section 606.  Section 1011.03, Florida Statutes, is

19  created to read:

20         1011.03  Public hearings; budget to be submitted to

21  Department of Education.--

22         (1)  Each district school board must cause a summary of

23  its tentative budget, including the proposed millage levies as

24  provided for by law, and graphs illustrating a historical

25  summary of financial and demographic data, to be advertised at

26  least one time as a full-page advertisement in the newspaper

27  with the largest circulation published in the district or to

28  be posted at the courthouse door if there be no such

29  newspaper.

30         (2)(a)  The advertisement must include a graph

31  illustrating the historical summary of financial and


                                 1149

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  demographic data for each of the following data values which

 2  shall be plotted along the vertical axis of each graph:

 3         1.  Total revenue provided to the school district from

 4  all sources for the corresponding fiscal year, including all

 5  federal, state, and local revenue.

 6         2.  Total revenue provided to the school district for

 7  the corresponding fiscal year for current operations.

 8         3.  Total revenue provided to the school district for

 9  the corresponding fiscal year for fixed capital outlay

10  projects.

11         4.  Total revenue provided to the school district for

12  the corresponding fiscal year for debt service.

13         5.  Total number of unweighted full-time equivalent

14  students, inclusive of all programs listed in s. 1011.62.

15         6.  Total revenue provided to the school district for

16  current operations divided by the number of unweighted

17  full-time equivalent students for the corresponding fiscal

18  year.

19         7.  Total number of employees of the school district

20  for the corresponding fiscal year.

21         8.  Total number of employees of the school district

22  classified as instructional personnel under s. 1012.01 for the

23  corresponding fiscal year.

24         (b)  Each graph must include a separate histogram

25  corresponding to the financial and demographic data for each

26  of the following fiscal years, which shall be plotted along

27  the horizontal axis of each graph:

28         1.  Current fiscal year.

29         2.  Fiscal year that is 5 years before the current

30  fiscal year.

31  


                                 1150

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         3.  Fiscal year that is 10 years before the current

 2  fiscal year.

 3         (c)  The numeric value of the financial and demographic

 4  data corresponding to each histogram must be included in each

 5  graph.

 6         (3)  The advertisement of a district that has been

 7  required by the Legislature to increase classroom expenditures

 8  pursuant to s. 1011.64 must include the following statement:

 9  

10  "This proposed budget reflects an increase in classroom

11  expenditures as a percent of total current operating

12  expenditures of XX percent over the (previous fiscal year)

13  fiscal year. This increase in classroom expenditures is

14  required by the Legislature because the district has performed

15  below the required performance standard on XX of XX student

16  performance standards for the (previous school year) school

17  year. In order to achieve the legislatively required level of

18  classroom expenditures as a percentage of total operating

19  expenditures, the proposed budget includes an increase in

20  overall classroom expenditures of $XX,XXX,XXX above the amount

21  spent for this same purpose during the (previous fiscal year)

22  fiscal year. In order to achieve improved student academic

23  performance, this proposed increase is being budgeted for the

24  following activities: (list activities and amount budgeted)."

25         (4)  The advertisement shall appear adjacent to the

26  advertisement required pursuant to s. 200.065. The State Board

27  of Education may adopt rules necessary to provide specific

28  requirements for the format of the advertisement.

29         (5)  The board shall hold public hearings to adopt

30  tentative and final budgets pursuant to s. 200.065. The

31  hearings shall be primarily for the purpose of hearing


                                 1151

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  requests and complaints from the public regarding the budgets

 2  and the proposed tax levies and for explaining the budget and

 3  proposed or adopted amendments thereto, if any. The district

 4  school board shall then require the superintendent to transmit

 5  forthwith two copies of the adopted budget to the Department

 6  of Education for approval as prescribed by law and rules of

 7  the State Board of Education.

 8         Section 607.  Section 1011.04, Florida Statutes, is

 9  created to read:

10         1011.04  Levying of taxes.--

11         (1)  Upon receipt of the certificate of the property

12  appraiser giving the assessed valuation of the county and of

13  each of the special tax school districts pursuant to s.

14  200.065, the district school board shall determine by

15  resolution the amounts necessary to be raised for current

16  operating purposes and for each district bond interest and

17  sinking fund and the millage necessary to be levied for each

18  such fund, including the voted millage.  A certified copy of

19  the resolution shall thereupon be filed with the county

20  property appraiser, and the district school board shall also

21  order the property appraiser to assess the several millages

22  certified by the school board against the appropriate taxable

23  property in the school district.

24         (2)  The property appraiser shall then assess the taxes

25  as ordered by the district school board.  Tax millages so

26  assessed shall be clearly designated and separately identified

27  as to source on the tax bill for other county taxes.

28         (3)  The collector shall collect said taxes and pay

29  over the same promptly as collected to the district school

30  depository or depositories to be used as provided by law;

31  provided, that all taxes authorized herein shall be assessed


                                 1152

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  and collected on railroad, street railroad, sleeping car,

 2  parlor car, and telegraph company property in the manner now

 3  provided by law.

 4         Section 608.  Section 1011.05, Florida Statutes, is

 5  created to read:

 6         1011.05  Implementation of the official budget.--The

 7  official budget shall give the appropriations and reserves

 8  therein the force and effect of fixed appropriations and

 9  reserves, and the same shall not be altered, amended, or

10  exceeded except as authorized.  However, if the actual

11  receipts during any year are less than budgeted receipts, and

12  any obligations are thereby incurred which cannot be met

13  before the close of the year, such obligations shall be paid

14  and accounted for in the ensuing fiscal year in the manner

15  prescribed by rules of the State Board of Education and shall

16  be payable out of the first funds available for that purpose.

17         Section 609.  Section 1011.06, Florida Statutes, is

18  created to read:

19         1011.06  Expenditures.--

20         (1)  Expenditures shall be limited to the amount

21  budgeted under the classification of accounts provided for

22  each fund and to the total amount of the budget after the same

23  have been amended as prescribed by law and rules of the State

24  Board of Education. The school board shall endeavor to obtain

25  maximum value for all expenditures.

26         (2)  EXPENDITURES FROM DISTRICT AND OTHER

27  FUNDS.--Expenditures from district and all other funds

28  available for the public school program of any district shall

29  be authorized by law and must be in accordance with procedures

30  prescribed by the district school board. A district school

31  board may establish policies that allow expenditures to exceed


                                 1153

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the amount budgeted by function and object, provided that the

 2  district school board approves the expenditure and amends the

 3  budget within timelines established by school board policies.

 4         Section 610.  Section 1011.07, Florida Statutes, is

 5  created to read:

 6         1011.07  Internal funds.--

 7         (1)  The district school board shall be responsible for

 8  the administration and control of all local school funds

 9  derived by any public school from all activities or sources,

10  and shall prescribe the principles and procedures to be

11  followed in administering these funds consistent with

12  regulations adopted by the State Board of Education.

13         (2)  The State Board of Education shall adopt rules

14  governing the procedures for the recording of the receipts,

15  expenditures, deposits, and disbursements of internal funds.

16         Section 611.  Section 1011.08, Florida Statutes, is

17  created to read:

18         1011.08  Expenditures between July 1 and date budget

19  becomes official.--During the period from July 1 to the date

20  the tentative budget becomes official, district school boards

21  are authorized to approve ordinary expenditures, including

22  salary payments, which are necessary for the approved school

23  program.

24         Section 612.  Section 1011.09, Florida Statutes, is

25  created to read:

26         1011.09  Expenditure of funds by district school

27  board.--All state funds apportioned to the credit of any

28  district constitute a part of the district school fund of that

29  district and must be budgeted and expended under authority of

30  the district school board subject to the provisions of law and

31  rules of the State Board of Education.


                                 1154

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (1)  A district school board shall credit interest or

 2  profits on investments to the specific budgeted fund, as

 3  defined by the accounting system required by s. 1010.01, that

 4  produced the earnings unless otherwise authorized by law or

 5  rules of the State Board of Education.

 6         (2)  A district school board may temporarily advance

 7  moneys from one fund, as defined by the accounting system

 8  required by s. 1010.01, to another fund when insufficient

 9  moneys are available to meet current obligations if the

10  temporary advancement is repaid within 13 months, appropriate

11  accounting records are maintained, and the temporary

12  advancement does not restrict, impede, or limit implementation

13  or fulfillment of the original purposes for which the moneys

14  were received in the fund providing the advancement.

15         (3)  Funds expended from school nonrecurring incentives

16  or bonus type state or federal funded programs based on

17  performance outcomes may not be used for measuring compliance

18  with state or federal maintenance of effort, supplanting, or

19  comparability standards.

20         Section 613.  Section 1011.10, Florida Statutes, is

21  created to read:

22         1011.10  Penalty.--

23         (1)  Any member of a district school board or any

24  district school superintendent who violates the provisions of

25  this section commits malfeasance and misfeasance in office and

26  shall be subject to removal from office by the Governor, and

27  any contract or attempted contract entered into by any school

28  officer or subordinate school officer that is not within the

29  purview or in violation of the provisions of this section

30  shall be void, and no such contract or attempted contract

31  shall be enforceable in any court.


                                 1155

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (2)  Each member of any district school board voting to

 2  incur an indebtedness against the district school funds in

 3  excess of the expenditure allowed by law, or in excess of any

 4  appropriation as adopted in the original official budget or

 5  amendments thereto, or to approve or pay any illegal charge

 6  against the funds, and any chair of a district school board or

 7  district school superintendent who signs a warrant for payment

 8  of any such claim or bill of indebtedness against any of the

 9  funds shall be personally liable for the amount, and shall be

10  guilty of malfeasance in office and subject to removal by the

11  Governor. It shall be the duty of the Auditor General, other

12  state officials, or independent certified public accountants

13  charged by law with the responsibility for auditing school

14  accounts, upon discovering any such illegal expenditure or

15  expenditures in excess of the appropriations in the budget as

16  officially amended, to certify such fact to the Department of

17  Banking and Finance, which thereupon shall verify such fact

18  and it shall be the duty of the Department of Banking and

19  Finance to advise the Department of Legal Affairs thereof, and

20  it shall be the duty of the Department of Legal Affairs to

21  cause to be instituted and prosecuted, either through its

22  office or through any state attorney, proceedings at law or in

23  equity against such member or members of a district school

24  board or district school superintendent. If either of the

25  officers does not institute proceedings within 90 days after

26  the audit has been certified to them by the Department of

27  Banking and Finance, any taxpayer may institute suit in his or

28  her own name on behalf of the district.

29         Section 614.  Section 1011.11, Florida Statutes, is

30  created to read:

31  


                                 1156

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         1011.11  Certain provisions to be directory.--No

 2  irregularities of form or manner in the preparation or

 3  adoption of any budget under the provisions of this chapter

 4  shall invalidate either the budget adopted or the taxes levied

 5  therefor. However, the budget and the taxes levied must

 6  conform substantially to the principles and provisions of law

 7  and rules of the State Board of Education.

 8         Section 615.  Section 1011.12, Florida Statutes, is

 9  created to read:

10         1011.12  Purposes of and procedures in incurring school

11  indebtedness.--Indebtedness for school purposes may be

12  incurred only as follows:

13         (1)  School districts may issue bonds creating a

14  long-term indebtedness as prescribed by law.

15         (2)  Notes may be issued for money borrowed in

16  anticipation of the receipt of current school funds, included

17  in the budget from the state, county, or districts, as

18  authorized under s. 1011.13.

19         (3)  Indebtedness may be incurred for certain purposes

20  as authorized under s. 1011.14, s. 1011.15, or s. 1011.16.

21         (4)  Bonds or revenue certificates issued on behalf of

22  the district by the State Board of Education as authorized by

23  s. 18, Art. XII of the State Constitution of 1885 as adopted

24  by s. 9(d), Art. XII, 1968 revised constitution, and the

25  additional provisions of s. 9(d), Art. XII of said revision.

26         Section 616.  Section 1011.13, Florida Statutes, is

27  created to read:

28         1011.13  Current loans authorized under certain

29  conditions.--Except as provided in subsection (2), for any

30  fiscal year in which school funds are estimated to be

31  insufficient at any time during that fiscal year to pay


                                 1157

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  obligations created by the district school board in accordance

 2  with the official budget of the district, or a budget approved

 3  by the district school board which is prepared preliminarily

 4  to the tentative budget required by this chapter, the school

 5  board is authorized to negotiate a current loan to pay these

 6  obligations, providing for the repayment of that loan from the

 7  proceeds of revenues reasonably to be anticipated during the

 8  fiscal year in which the loan is made as prescribed below.

 9  However, the district school board shall, whenever possible,

10  so arrange its expenditures as to make the incurring of

11  current loans unnecessary. When it is deemed necessary for the

12  benefit of the schools of the district for a current loan to

13  be negotiated, the school board shall arrange for a loan in an

14  amount not violative of federal arbitrage regulations and for

15  the repayment of the loan, in accord with the other provisions

16  of this section.

17         (1)  CURRENT LOANS AGAINST DISTRICT FUND, DISTRICT

18  CAPITAL PROJECTS FUNDS, AND DISTRICT INTEREST AND SINKING

19  FUNDS.--

20         (a)  District school boards are authorized and

21  empowered to borrow money, to be retired from the district tax

22  receipts anticipated in the operating budget, the district

23  capital projects budget, and the debt service budget, at a

24  rate of interest not to exceed the rate authorized under the

25  provisions of s. 215.84, for the purpose of paying all

26  outstanding obligations and for the further purpose of paying

27  any and all lawful expenses incurred in operating the schools

28  of the district. However, it is unlawful for any district

29  school board to borrow any sum of money in any one year in

30  excess of 80 percent of the amount as estimated by it in the

31  official budget for the current fiscal year for the district


                                 1158

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  to be available from the district tax.  The sum so borrowed

 2  shall be paid in full before the school board is authorized to

 3  borrow money in any succeeding year.

 4         (b)  Nothing in paragraph (a) shall be construed to

 5  invalidate any outstanding debt of any district as now

 6  existing and now due, or to become due, or as requiring any

 7  school board to pay the same in full before being permitted to

 8  borrow 80 percent on the estimate for the next ensuing year.

 9         (c)  In the event that the county tax roll is subjected

10  to litigation and the tax collector is prevented from

11  collecting taxes on that roll, the following provisions shall

12  apply:

13         1.  The restriction of 80 percent in paragraph (b)

14  shall not apply if the collection of taxes is delayed beyond

15  May 1.

16         2.  District school boards are authorized and empowered

17  to borrow money, to be repaid from the district school fund

18  for operating purposes, the district capital projects funds,

19  and the district interest and sinking funds, at a rate not to

20  exceed the rate authorized under the provisions of s. 215.84,

21  for the purposes of paying any and all lawful operating

22  expense, capital expense, and required debt service necessary

23  for the outstanding bond issues of such districts at the times

24  that the funds are needed to prevent the bonds or interest

25  payments from being in default.  However, the amount of money

26  so borrowed shall be limited to the amount of the district

27  school fund and district interest and sinking fund tax

28  receipts included in the official school budget for that year

29  or the amount necessary to be borrowed to meet such

30  obligations, whichever amount is the lesser.  Any funds

31  borrowed pursuant to the authority of this subsection shall,


                                 1159

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  insofar as possible, be repaid during the fiscal year in which

 2  the loan was made.  However, any such loan unpaid at the end

 3  of the fiscal year shall be repaid from the first available

 4  revenue in the next succeeding year.

 5         (2)  CURRENT LOANS PAYABLE FROM REVENUE PROCEEDS.--

 6         (a)  A district school board is also authorized to

 7  negotiate a current loan before the end of the fiscal year,

 8  the note or notes from which loan shall be issued no earlier

 9  than 60 days before the beginning of the subsequent fiscal

10  year, to be repaid during the subsequent fiscal year from the

11  proceeds of revenue reasonably anticipated to be received

12  during that year.  The proceeds of any loan obtained pursuant

13  to this subsection shall be limited, and the district school

14  board shall take any and all action necessary, to assure that

15  the Internal Revenue Code and the regulations promulgated

16  thereunder are not violated.

17         (b)  Loans arranged pursuant to this subsection shall

18  be negotiated in accordance with a budget approved by the

19  district school board which is prepared preliminarily to the

20  tentative budget required by this chapter.  Such loans shall

21  be at a rate of interest not to exceed the rate of interest

22  authorized under the provisions of s. 215.84 and shall not be

23  in excess of amounts authorized under the Internal Revenue

24  Code for arbitrage.

25         (c)  The proceeds of any loan obtained pursuant to this

26  subsection, or any interest earnings thereon, shall not be

27  used to pay any expenses incurred in the fiscal year in which

28  the loan is made; nor shall the proceeds of the loan or

29  interest earnings thereon be in any way encumbered to pay

30  expenses incurred in the fiscal year in which the loan is

31  made, but shall be held in escrow until the subsequent fiscal


                                 1160

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  year. Any outstanding loan issued pursuant to subsection (1)

 2  must be defeased not less than 5 business days prior to the

 3  issuance of any obligation pursuant to this subsection. All

 4  proceeds of any loan obtained pursuant to this subsection, and

 5  any interest earnings thereon, shall be placed at closing in

 6  an irrevocable escrow account and held until the beginning of

 7  the subsequent fiscal year. The district school board shall

 8  maintain the integrity of such loan proceeds and related

 9  interest in its accounting records so as to be able to

10  validate compliance with the provisions of this paragraph.

11         Section 617.  Section 1011.14, Florida Statutes, is

12  created to read:

13         1011.14  Obligations for a period of 1 year.--District

14  school boards are authorized only under the following

15  conditions to create obligations by way of anticipation of

16  budgeted revenues accruing on a current basis without pledging

17  the credit of the district or requiring future levy of taxes

18  for certain purposes for a period of 1 year; however, such

19  obligations may be extended from year to year with the consent

20  of the lender for a period not to exceed 4 years, or for a

21  total of 5 years including the initial year of the loan:

22         (1)  PURPOSES.--The purposes for which such obligations

23  may be incurred within the intent of this section shall

24  include only the purchase of school buses, land, and equipment

25  for educational purposes; the erection of, alteration to, or

26  addition to educational facilities; and the adjustment of

27  insurance on educational property on a 5-year plan, as

28  provided by rules of the State Board of Education.

29         (2)  OBLIGATIONS MAY NOT EXCEED ONE-FOURTH OF DISTRICT

30  AD VALOREM TAX REVENUE FOR OPERATIONS FOR THE PRECEDING

31  YEAR.--No obligation of the nature prescribed herein may be


                                 1161

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  incurred by any district school board when such proposed

 2  obligations exceed one-fourth of the revenue received during

 3  the preceding year for the district school fund for operating

 4  expense of the district.

 5         (3)  DISTRICT SCHOOL BOARD TO ADOPT PROPOSAL.--When the

 6  district school board proposes to incur obligations of the

 7  nature authorized in this section, it shall adopt and spread

 8  upon its minutes a resolution giving the nature of the

 9  obligations to be incurred, stating the plan of payment, and

10  providing that such funds will be budgeted during the period

11  of the loan from the current revenue to retire the obligations

12  maturing during the year. This plan of payment shall not

13  extend over a period longer than 1 year.

14         (4)  INTEREST-BEARING NOTES AUTHORIZED.--Each district

15  school board which has authorized the incurring of the

16  obligations as provided in this section shall issue

17  interest-bearing notes for the obligations. The notes shall

18  provide the terms of payment and shall not bear interest in

19  excess of the rate authorized under the provisions of s.

20  215.84. No additional obligations of a similar nature may be

21  incurred against the funds of any school district when notes

22  authorized under this subsection are still outstanding and

23  unpaid when such proposed obligations together with the unpaid

24  notes outstanding exceed one-fourth of the revenue of the

25  preceding year, as defined in subsection (2).

26         Section 618.  Section 1011.15, Florida Statutes, is

27  created to read:

28         1011.15  Obligations to eliminate major emergency

29  conditions.--The district school board of any district

30  experiencing a major emergency condition in an existing school

31  plant that demands immediate correction in order to prevent


                                 1162

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  further damage to the building or equipment or to eliminate a

 2  safety hazard that constitutes an immediate danger to the

 3  students and other occupants is authorized to create an

 4  obligation for a period of 1 year by way of anticipation of

 5  revenues for capital outlay purposes accruing on a current

 6  basis without pledging the credit of the district.  Such

 7  obligation may be extended from year to year with the consent

 8  of the lender for a period not to exceed 4 years, or for a

 9  total of 5 years including the initial year of the loan.

10  Obligations occurring under this section may be repaid from

11  funds to be received from taxes authorized by s. 1011.71(2)

12  and from any other funds available to the district school

13  board for the purpose under the following conditions:

14         (1)  DISTRICT SCHOOL BOARD TO ADOPT PROPOSAL.--When the

15  district school board proposes to incur obligations of the

16  nature authorized in this section, it shall adopt and spread

17  upon its minutes a resolution fully describing the emergency

18  condition outlined above, giving the nature of the obligations

19  to be incurred, stating the plan of payment, and providing

20  that such funds will be budgeted during the period of the loan

21  from the current revenue to retire the obligations maturing

22  during the year.  This plan of payment shall not extend over a

23  period longer than 1 year.

24         (2)  INTEREST-BEARING NOTES AUTHORIZED.--Each district

25  school board which has authorized the incurring of the

26  obligations as provided in this section shall issue

27  interest-bearing notes for the obligations. The notes shall

28  provide the terms of payment and shall not bear interest in

29  excess of the rate authorized in s. 1010.59.

30         Section 619.  Section 1011.16, Florida Statutes, is

31  created to read:


                                 1163

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         1011.16  Provisions for retirement of existing

 2  indebtedness which is unfunded or in default.--In any district

 3  in which there is any indebtedness outstanding against the

 4  district school fund which has not yet been funded, or at any

 5  time any such indebtedness is in default as to principal or

 6  interest, the district school board shall proceed as follows:

 7         (1)  PLAN FOR RETIRING INDEBTEDNESS TO BE

 8  PROPOSED.--The district school board shall prepare and propose

 9  a plan for retiring any unfunded indebtedness or any such

10  indebtedness which is in default so that no creditor having a

11  valid claim will be given a preferred status.  This plan shall

12  be so prepared as to show the funds needed for operating the

13  schools on the most economical basis practicable, the amount

14  of any other obligations which must be met each year, the

15  total funds available each year for the entire school program,

16  and the funds that can reasonably be spared for retirement of

17  indebtedness without needlessly handicapping the school

18  program and which can be budgeted each year for the retirement

19  of such indebtedness.

20         (2)  PROPOSAL TO BE SUBMITTED TO DEPARTMENT OF

21  EDUCATION.--The proposal for funding and retiring all such

22  indebtedness, when approved by the district school board,

23  shall be submitted to the Department of Education for

24  consideration.  The district school board shall not attempt to

25  retire any such indebtedness until this procedure has been

26  followed and until it has had the benefit of the

27  recommendations of the department.  Upon receiving the

28  proposal, the department shall determine the minimum funds

29  which are, in its opinion, necessary for the operation of the

30  school program in the district; shall determine what funds

31  remain for retirement of indebtedness each year; shall


                                 1164

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  determine whether the proposed plan is in accordance with

 2  these facts, and, if it is not, shall propose modifications in

 3  the plan in accordance with the facts.  The recommendations of

 4  the department shall then be submitted to the district school

 5  board for consideration.

 6         (3)  WHEN PLAN TO BE EFFECTIVE.--The plan for retiring

 7  indebtedness, herein prescribed, shall become effective when

 8  the district school board and the Department of Education

 9  jointly agree upon the amount of funds necessary for operating

10  the schools and the amount which can be budgeted each year for

11  retiring indebtedness. When this plan has been agreed upon, it

12  shall become the duty of the district school board to see that

13  the amount approved for retiring indebtedness is incorporated

14  in the budget each year, and the department shall see that

15  this amount has been incorporated before the budget is

16  approved, or, if such an amount can not reasonably be

17  incorporated in the budget, as shown by evidence submitted by

18  the district school board, determine the respects in which the

19  plan should be modified, and to see that the budget includes

20  the amount for retiring indebtedness which can reasonably be

21  included.

22         (4)  FUNDING OUTSTANDING INDEBTEDNESS.--

23         (a)  Each district school board having an outstanding

24  indebtedness legally incurred and constituting an obligation

25  or obligations payable from the district school fund is

26  authorized to issue and sell interest-bearing coupon warrants

27  in a sum or sums not to exceed the total amount of such

28  indebtedness. Such coupon warrants shall bear interest at a

29  rate not to exceed the rates authorized under the provisions

30  of s. 215.84, shall be payable either annually or

31  semiannually, and shall be in such form and denomination as


                                 1165

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the district school board issuing the same shall prescribe.

 2  None of such warrants shall be issued to run for a longer

 3  period of time than 10 years from the date of issue.  Such

 4  warrants shall be numbered consecutively, beginning with

 5  number one, and each warrant shall have attached thereto

 6  interest coupons, each coupon bearing the number of its

 7  warrant and representing or calling for an annual or

 8  semiannual, as the case may be, payment of interest on its

 9  warrant.

10         (b)  Each such warrant shall be signed by the chair and

11  attested by the secretary of the district school board issuing

12  the same, and shall have the seal of the district school board

13  affixed thereto, and the interest coupons attached thereto

14  shall be signed by, or bear the printed or lithographed

15  facsimile signature of the chair and secretary. Each warrant

16  and interest coupon shall be dated and shall bear the due

17  date. Such warrants and interest coupons shall be issued upon,

18  and payable from, the fund designated on the face thereof. The

19  fund so designated shall be the district school fund. All

20  funds derived from the sale of interest-bearing coupon

21  warrants, as herein provided, shall be used for the purpose of

22  retiring the indebtedness for payment of which the warrants

23  were issued, and for no other purpose, and any funds remaining

24  from the sale of such warrants shall be applied to retiring

25  the interest-bearing coupon warrants from which such funds

26  were derived.

27         (5)  FUNDING OR REFUNDING OTHER TYPES OF

28  INDEBTEDNESS.--Any proposed plan for refunding any type of

29  outstanding and legally incurred school indebtedness, not

30  covered by this section, shall be submitted to the Department

31  of Education for approval under rules of the State Board of


                                 1166

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Education. No such indebtedness may be refunded and no plan

 2  for refunding such indebtedness may be approved, unless the

 3  plan provides for retiring the indebtedness in reasonably

 4  equal annual installments over the period of years covered,

 5  unless other obligations to be retired during any of these

 6  years make adjustments necessary. No indebtedness of any type

 7  may be refunded on a sinking fund basis. The district school

 8  board shall provide that all refunding warrants, notes, or

 9  bonds shall be callable, upon proper notice, beginning not

10  more than 10 years following the date of refunding. If any

11  indebtedness outstanding against the county or district

12  current school funds cannot be retired over a period of 10

13  years as prescribed in this section, or cannot be funded or

14  refunded by issuing interest-bearing coupon warrants, the

15  Department of Education is authorized to cooperate with the

16  school officials of the district in developing a practicable

17  plan for refunding such indebtedness and, when such a plan has

18  been developed, may approve an agreement with the district

19  school officials for refunding such indebtedness to be retired

20  over a period of time which shall not exceed a maximum of 20

21  years; and, if necessary, for refunding the indebtedness by

22  issuing interest-bearing notes. Any funding or refunding

23  obligations issued, as prescribed herein, are not and shall

24  not be deemed to be additional bonds within the meaning of the

25  Constitution and laws of Florida, and it shall not be

26  necessary for such obligations to be submitted to, or approved

27  by, a vote of the people of the district. In preparing and

28  carrying out such a plan for funding or refunding the school

29  indebtedness, the district school board and the district

30  school superintendent shall follow the procedures prescribed

31  in this section, supplemented by rules of the State Board of


                                 1167

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Education, except for the modifications which are herein

 2  authorized.

 3         Section 620.  Section 1011.17, Florida Statutes, is

 4  created to read:

 5         1011.17  School funds to be paid to Treasurer or into

 6  depository.--

 7         (1)  Every tax collector, or other person having moneys

 8  which by law go to any district school fund shall at least

 9  once each month pay the same over to the depository or

10  depositories designated by the district school board for such

11  purpose, and shall provide said board with confirmation of the

12  deposit.  Every officer having moneys which by law go to any

13  state school fund, shall pay the same to the Treasurer of the

14  state, and the Treasurer shall see that these moneys are

15  deposited to the credit of the proper state school fund.

16         (2)  The district school board shall have the authority

17  to designate that funds due it be placed for investment for

18  its account with the State Board of Administration rather than

19  be deposited, and said board may direct those persons having

20  moneys due it or due any state school fund to pay out such

21  funds to the State Board of Administration to make authorized

22  investments for its account.

23         Section 621.  Section 1011.18, Florida Statutes, is

24  created to read:

25         1011.18  School depositories; payments into and

26  withdrawals from depositories.--

27         (1)  SCHOOL FUNDS TO BE PAID INTO DEPOSITORIES.--The

28  tax collector, the clerk of the circuit court, the

29  superintendent, and all other persons having, receiving, or

30  collecting any money payable to the school district shall

31  promptly pay the same to the bank or banks selected by the


                                 1168

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  district school board to receive funds for that purpose.  No

 2  bank shall be so selected unless it is qualified as an

 3  approved depository as provided by law.  Each bank receiving

 4  any school money as provided herein shall make a receipt for

 5  same.

 6         (2)  INVESTMENT OF FUNDS DUE.--The district school

 7  board shall have the authority to designate that funds due it

 8  be placed for investment for its account with the State Board

 9  of Administration rather than be deposited, and the district

10  school board may direct those persons having moneys due it or

11  due any state school fund to pay out such funds to the State

12  Board of Administration to make authorized investments for its

13  account.

14         (3)  FUNDS ON DEPOSIT WITH EACH DEPOSITORY; OVERDRAWING

15  ACCOUNTS PROHIBITED.--The district school board shall require

16  an accurate and complete set of accounts to be maintained in

17  the books and records for each fund on deposit in each

18  district school depository.  Each such account shall show the

19  amount subject to withdrawal, the amount deposited, the amount

20  expended, and the balance of the account.  In compliance with

21  the provisions of this subsection, a district school board may

22  maintain a separate checking account for each such fund or may

23  utilize a single checking account for the deposit and

24  withdrawal of moneys from all funds and segregate the various

25  funds on the books and records only. No check or warrant shall

26  be drawn in excess of the balance to the credit of the

27  appropriate fund.  The funds awaiting clearing may be invested

28  in an approved county depository in instruments earning

29  interest, such as repurchase agreements, savings accounts,

30  etc.  If repurchase agreements are involved, United States

31  Treasury securities or GNMA's must be pledged as collateral


                                 1169

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  for an amount to exceed the principal, interest, and a

 2  reasonable safety margin for protection against date-to-date

 3  price fluctuation.

 4         (4)  HOW FUNDS DRAWN FROM DEPOSITORIES.--All money

 5  drawn from any district school depository holding same as

 6  prescribed herein shall be upon a check or warrant drawn on

 7  authority of the district school board as prescribed by law.

 8  Each check or warrant shall be signed by the chair or, in his

 9  or her absence, the vice chair of the district school board

10  and countersigned by the district school superintendent, with

11  corporate seal of the school board affixed. However, as a

12  matter of convenience, the corporate seal of the district

13  school board may be printed upon the warrant and a proper

14  record of such warrant shall be maintained.  The district

15  school board may by resolution, a copy of which must be

16  delivered to the depository, provide for internal funds to be

17  withdrawn from any district depository by a check duly signed

18  by at least two bonded school employees designated by the

19  board to be responsible for administering such funds. However,

20  the district school superintendent or his or her designee,

21  after having been by resolution specifically authorized by the

22  district school board, may transfer funds from one depository

23  to another, within a depository, to another institution, or

24  from another institution to a depository for investment

25  purposes and may transfer funds in a similar manner when the

26  transfer does not represent an expenditure, advance, or

27  reduction of cash assets.  Such transfer may be made by

28  electronic, telephonic, or other medium; and each transfer

29  shall be confirmed in writing and signed by the district

30  school superintendent or his or her designee.

31  


                                 1170

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (5)  FORM OF WARRANTS; DIRECT DEPOSIT OF FUNDS.--The

 2  district school board is authorized to establish the form or

 3  forms of warrants, which are to be signed by the chair or, in

 4  his or her absence, the vice chair of the district school

 5  board and countersigned by the district school superintendent,

 6  for payment or disbursement of moneys out of the school

 7  depository and to change the form thereof from time to time as

 8  the district school board deems appropriate.  If authorized in

 9  writing by the payee, such district school board warrants may

10  provide for the direct deposit of funds to the account of the

11  payee in any financial institution that is designated in

12  writing by the payee and that has lawful authority to accept

13  such deposits. The written authorization of the payee must be

14  filed with the district school board. Direct deposit of funds

15  may be by any electronic or other medium approved by the

16  district school board for such purpose.  The State Board of

17  Education shall adopt rules prescribing minimum security

18  measures that must be implemented by any district school board

19  before establishing the system authorized in this subsection.

20         (6)  EXEMPTION FOR SELF-INSURANCE PROGRAMS AND

21  THIRD-PARTY ADMINISTERED EMPLOYEES' FRINGE BENEFIT PROGRAMS.--

22         (a)  Each district school board is authorized to

23  contract with an approved service organization to provide

24  self-insurance services, including, but not limited to, the

25  evaluation, settlement, and payment of self-insurance claims

26  on behalf of the district school board. Pursuant to such

27  contract, the district school board may advance money to the

28  service organization to be deposited in a special checking

29  account for paying claims against the district school board

30  under its self-insurance program.  The special checking

31  account shall be maintained in a designated district school


                                 1171

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  depository.  The district school board may replenish such

 2  account as often as necessary upon the presentation by the

 3  service organization of documentation for claims paid equal to

 4  the amount of the requested reimbursement. Such replenishment

 5  shall be made by a warrant signed by the chair of the district

 6  school board and countersigned by the district school

 7  superintendent.  Such replenishment may be made by electronic,

 8  telephonic, or other medium, and each transfer shall be

 9  confirmed in writing and signed by the superintendent or his

10  or her designee.

11         (b)  The district school board may contract with an

12  insurance company or professional administrator who holds a

13  valid certificate of authority issued by the Department of

14  Insurance to provide any or all services that a third-party

15  administrator is authorized by law to perform.  Pursuant to

16  such contract, the district school board may advance or remit

17  money to the administrator to be deposited in a designated

18  special checking account for paying claims against the

19  district school board under its self-insurance programs, and

20  remitting premiums to the providers of insured benefits on

21  behalf of the district school board and the participants in

22  such programs, and otherwise fulfilling the obligations

23  imposed upon the administrator by law and the contractual

24  agreements between the district school board and the

25  administrator.  The special checking account shall be

26  maintained in a designated district school depository. The

27  district school board may replenish such account as often as

28  necessary upon the presentation by the service organization of

29  documentation for claims or premiums due paid equal to the

30  amount of the requested reimbursement.  Such replenishment

31  shall be made by a warrant signed by the chair of the district


                                 1172

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  school board and countersigned by the district school

 2  superintendent. Such replenishment may be made by electronic,

 3  telephonic, or other medium, and each transfer shall be

 4  confirmed in writing and signed by the district school

 5  superintendent or his or her designee.  The provisions of

 6  strict accountability of all funds and an annual audit by an

 7  independent certified public accountant as provided in s.

 8  1001.42(10)(k) shall apply to this subsection.

 9         Section 622.  Section 1011.19, Florida Statutes, is

10  created to read:

11         1011.19  Sources of district school fund.--The district

12  school fund shall consist of funds derived from the district

13  school tax levy; state appropriations; appropriations by

14  county commissioners; local, state, and federal school food

15  service funds; any and all other sources for school purposes;

16  national forest trust funds and other federal sources; and

17  gifts and other sources.

18         Section 623.  Section 1011.20, Florida Statutes, is

19  created to read:

20         1011.20  Apportionment and use of district school

21  fund.--The district school fund shall be apportioned, expended

22  and disbursed in the district solely for the support of the

23  public schools of the district as prescribed by law; provided,

24  however, that the district school fund shall also be used to

25  pay the principal and interest on bonds legally issued and

26  payable from said fund, together with other proper items of

27  debt service against such fund, including any necessary

28  refunding expense as prescribed by rules of the State Board of

29  Education.  The district school board shall, before the

30  maturity of such bonds or other indebtedness and before

31  interest due dates, deposit with the paying agent or make


                                 1173

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  available, as designated in the resolution authorizing the

 2  issuance of the bonds or other legal evidences of

 3  indebtedness, sufficient funds with which to pay all principal

 4  and interest when due; provided, that when such funds have

 5  been so deposited with the paying agent or made available, all

 6  interest on the indebtedness represented by the maturing

 7  bonds, coupons or other evidences of indebtedness shall cease

 8  as of their maturity dates; and provided, further, that if any

 9  such bonds, coupons or other evidences of indebtedness are not

10  presented for payment within 6 months after the date on which

11  they mature, the funds shall be returned to the district

12  school board and shall be placed by said board in the district

13  school fund and the district school board shall pay said

14  bonds, coupons or other evidences of indebtedness from said

15  fund when presented for payment. Any holder of bonds, coupons

16  or other indebtedness claiming interest after maturity on

17  account of the fact that funds were not deposited with the

18  paying agent or made available to pay such bonds, coupons or

19  other indebtedness at maturity, shall be required to produce

20  evidence in the form of a letter from the paying agent or the

21  district school board, respectively, acknowledging that the

22  bonds, coupons and other evidences of indebtedness upon which

23  interest is claimed were presented for payment, that no funds

24  were available for the payment thereof, that such bonds,

25  coupons and other evidences of indebtedness were presented for

26  payment at least annually thereafter and that no funds were

27  available to pay such indebtedness.  The paying agent or the

28  district school board, whichever has the duty of holding the

29  funds, shall, upon request of the holder of defaulted bonds,

30  coupons or other evidences of indebtedness, furnish to such

31  holder the letter required herein.  When such evidence is


                                 1174

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  presented the district school fund shall be liable for the

 2  payment of principal and interest on the bonds, coupons or

 3  other evidences of indebtedness from maturity until paid at

 4  the rate prescribed on the face thereof.  If at any time any

 5  bonds, coupons or other evidences of indebtedness are reduced

 6  to judgment, the district school fund shall be responsible for

 7  past due interest only at the rate prescribed by the bonds or

 8  other evidences of indebtedness and any rate of interest in

 9  excess of that amount shall be illegal and invalid.  Such

10  judgments shall bear interest at the rate of 5 percent per

11  annum until paid.  When any proposal for refunding the

12  indebtedness against said district school fund has been

13  prepared and approved by the State Board of Education, as

14  required by law, and when the holders of at least 80 percent

15  of the outstanding indebtedness against said fund have agreed

16  in writing to the refunding plan, the district school board

17  shall be authorized to pay, out of the district school fund,

18  from and after that date, on the original and refunding bonds

19  or other evidences of indebtedness only the rate of interest

20  which has been agreed upon for the refunding bonds or other

21  evidences of indebtedness and no owner or holder of a bond,

22  coupon or other evidence of indebtedness shall be entitled to

23  a higher rate of interest after that date; provided, that such

24  owner or holder shall be given the option by the district

25  school board of receiving payment in cash for all principal

26  and interest due on the bonds and coupons or other evidence of

27  indebtedness he or she holds at the same rate at which the

28  remaining indebtedness has been refunded.

29         Section 624.  Section 1011.21, Florida Statutes, is

30  created to read:

31  


                                 1175

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         1011.21  Source and use of district interest and

 2  sinking fund.--The district interest and sinking fund of any

 3  school district shall comprise the proceeds of the tax levied

 4  for the purpose of paying the principal and interest of bonds

 5  outstanding against the district as provided in this chapter

 6  and in addition such funds as may accrue to the credit of the

 7  district interest and sinking fund from interest on deposits,

 8  investments or other sources.  The district interest and

 9  sinking fund in each district shall be used to pay the

10  principal and interest on bonds legally issued against the

11  district and other proper items of debt service against such

12  district, including any necessary refunding expense as

13  prescribed by rules of the State Board of Education.  The

14  district school board shall, before the maturity of bonds and

15  before interest due dates, deposit with the paying agent or

16  make available, as designated in the resolution authorizing

17  the issuance of bonds, sufficient money of the district

18  interest and sinking fund with which to pay all principal and

19  interest when due; provided, that when such money has been so

20  deposited with the paying agent or made available, all

21  interest on the indebtedness represented by the maturing bonds

22  or coupons shall cease as of their maturity dates; and

23  provided, further, that if any such bonds or coupons are not

24  presented for payment within 6 months after the date on which

25  they mature, the money shall be returned to the district

26  school board and shall be held by the board as a reserve fund

27  in the account of the district interest and sinking fund until

28  the bonds and coupons are presented for payment.  Any holder

29  of bonds or coupons claiming interest after maturity shall be

30  required to produce evidence in the form of a letter from the

31  paying agent or the district school board of the district,


                                 1176

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  respectively, acknowledging that the bonds or coupons upon

 2  which interest is claimed were presented for payment upon

 3  maturity, that no funds were available for the payment

 4  thereof, that such bonds or coupons were presented for payment

 5  at least annually thereafter and that no funds were available

 6  to pay such bonds or coupons.  The paying agent or the

 7  district school board, whichever has the duty of holding the

 8  money shall, upon request of the holder of defaulted bonds or

 9  coupons, furnish to such holder the letter required herein.

10  When such evidence is presented, the district interest and

11  sinking fund shall be liable for the payment of principal and

12  interest on the bonds and coupons from maturity until paid at

13  the rate prescribed on the face of the bonds.  If at any time

14  any bonds or coupons are reduced to judgment, the district

15  interest and sinking fund shall be responsible for past due

16  interest only at the rate prescribed by the bonds and any rate

17  of interest in excess of that amount shall be illegal and

18  invalid. Such judgments shall bear interest at the rate of 5

19  percent per annum until paid.  When any proposal for refunding

20  the indebtedness against any district has been prepared and

21  approved by the Department of Education, as required by law,

22  and when the holders of at least 80 percent of the outstanding

23  indebtedness represented by the bond issue have agreed in

24  writing to the refunding plan, the district school board shall

25  be authorized to pay, from and after that date on the original

26  and refunding bonds from the district interest and sinking

27  fund, only the rate of interest which has been agreed upon for

28  the refunding bonds and no owner or holder of a bond or coupon

29  shall be entitled to a higher rate of interest after that

30  date; provided, that such owner or holder shall be given the

31  option by the school board of receiving payment in cash for


                                 1177

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  all principal and interest due on the bonds and coupons he or

 2  she holds at the same rate at which the remaining bonds and

 3  coupons have been refunded.

 4         Section 625.  Section 1011.22, Florida Statutes, is

 5  created to read:

 6         1011.22  Interest and sinking funds may be invested in

 7  certain bonds, warrants, and notes.--Each district school

 8  board shall have the power at all times to invest the interest

 9  and sinking funds collected for the retirement of any bonds of

10  the school district in any investment as authorized in s.

11  1010.53(2). The district school board shall have authority at

12  any time to use the interest and sinking fund of any district

13  for purchasing, for the purpose of canceling and retiring,

14  bonds outstanding against the interest and sinking fund of

15  said district at any price which will result in a net saving

16  to the taxpayers of the district; provided, always, that the

17  district school board shall have the right to keep the

18  interest and sinking fund on deposit earning the rate of

19  interest agreed upon until such time as within its judgment it

20  may be able to invest it in bonds, warrants, or notes to

21  better advantage as provided herein.

22         Section 626.  Section 1011.23, Florida Statutes, is

23  created to read:

24         1011.23  Disposition of balance in interest and sinking

25  fund.--If all principal and interest outstanding against any

26  school district shall have been paid, and there shall still

27  remain a balance in the interest and sinking fund to the

28  credit of that district, the district school board shall, by

29  resolution, authorize this balance to be transferred to the

30  credit of the district school fund.

31  


                                 1178

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 627.  Section 1011.24, Florida Statutes, is

 2  created to read:

 3         1011.24  Special district units.--For the purposes of

 4  funding through chapters 1011 and 1013, developmental research

 5  schools shall be designated as special school districts. Such

 6  districts shall be accountable to the Department of Education

 7  for budget requests and reports on expenditures.

 8         Section 628.  Part I.b. of chapter 1011, Florida

 9  Statutes, shall be entitled "Community Colleges: Preparation,

10  Adoption, and Implementation of Budgets" and shall consist of

11  ss. 1011.30-1011.32.

12         Section 629.  Section 1011.30, Florida Statutes, is

13  created to read:

14         1011.30  Budgets for community colleges.--Each

15  community college president shall recommend to the community

16  college board of trustees a budget of income and expenditures

17  at such time and in such form as the State Board of Education

18  may prescribe. Upon approval of a budget by the community

19  college board of trustees, such budget shall be transmitted to

20  the Department of Education for review and approval. Rules of

21  the State Board of Education shall prescribe procedures for

22  effecting budget amendments subsequent to the final approval

23  of a budget for a given year.

24         Section 630.  Section 1011.31, Florida Statutes, is

25  created to read:

26         1011.31  Current loans to community college boards of

27  trustees.--

28         (1)  At any time the current funds on hand are

29  insufficient to pay obligations created by a community college

30  board of trustees in accordance with the approved budget of

31  the community college, the community college board of trustees


                                 1179

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  may request approval by the Commissioner of Education of a

 2  proposal to negotiate a current loan, with provisions for the

 3  repayment of such loan during the fiscal year in which the

 4  loan is made, in order to meet these obligations.

 5         (2)  The Commissioner of Education shall approve such

 6  proposal when, in his opinion, the proposal is reasonable and

 7  just, the expenditure is necessary, and revenues sufficient to

 8  meet the requirements of the loan can reasonably be

 9  anticipated.

10         Section 631.  Section 1011.32, Florida Statutes, is

11  created to read:

12         1011.32  Community College Facility Enhancement

13  Challenge Grant Program.--

14         (1)  The Legislature recognizes that the community

15  colleges do not have sufficient physical facilities to meet

16  the current demands of their instructional and community

17  programs. It further recognizes that, to strengthen and

18  enhance community colleges, it is necessary to provide

19  facilities in addition to those currently available from

20  existing revenue sources. It further recognizes that there are

21  sources of private support that, if matched with state

22  support, can assist in constructing much needed facilities and

23  strengthen the commitment of citizens and organizations in

24  promoting excellence at each community college. Therefore, it

25  is the intent of the Legislature to establish a program to

26  provide the opportunity for each community college through its

27  direct-support organization to receive and match challenge

28  grants for instructional and community-related capital

29  facilities within the community college.

30         (2)  There is established the Community College

31  Facility Enhancement Challenge Grant Program for the purpose


                                 1180

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  of assisting the community colleges in building high priority

 2  instructional and community-related capital facilities

 3  consistent with s. 1004.65, including common areas connecting

 4  such facilities. The direct-support organizations that serve

 5  the community colleges shall solicit gifts from private

 6  sources to provide matching funds for capital facilities. For

 7  the purposes of this section, private sources of funds shall

 8  not include any federal or state government funds that a

 9  community college may receive.

10         (3)  The Community College Capital Facilities Matching

11  Program shall provide funds to match private contributions for

12  the development of high priority instructional and

13  community-related capital facilities, including common areas

14  connecting such facilities, within the community colleges.

15         (4)  Within the direct-support organization of each

16  community college there must be established a separate capital

17  facilities matching account for the purpose of providing

18  matching funds from the direct-support organization's

19  unrestricted donations or other private contributions for the

20  development of high priority instructional and

21  community-related capital facilities, including common areas

22  connecting such facilities. The Legislature shall appropriate

23  funds for distribution to a community college after matching

24  funds are certified by the direct-support organization and

25  community college. The Public Education Capital Outlay and

26  Debt Service Trust Fund shall not be used as the source of the

27  state match for private contributions.

28         (5)  A project may not be initiated unless all private

29  funds for planning, construction, and equipping the facility

30  have been received and deposited in the direct-support

31  organization's matching account and the state's share for the


                                 1181

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  minimum amount of funds needed to begin the project has been

 2  appropriated by the Legislature. The Legislature may

 3  appropriate the state's matching funds in one or more fiscal

 4  years for the planning, construction, and equipping of an

 5  eligible facility. However, these requirements shall not

 6  preclude the community college or direct-support organization

 7  from expending available funds from private sources to develop

 8  a prospectus, including preliminary architectural schematics

 9  and/or models, for use in its efforts to raise private funds

10  for a facility. Additionally, any private sources of funds

11  expended for this purpose are eligible for state matching

12  funds should the project materialize as provided for in this

13  section.

14         (6)  To be eligible to participate in the Community

15  College Facility Enhancement Challenge Grant Program, a

16  community college, through its direct-support organization,

17  shall raise a contribution equal to one-half of the total cost

18  of a facilities construction project from private sources

19  which shall be matched by a state appropriation equal to the

20  amount raised for a facilities construction project, subject

21  to the General Appropriations Act.

22         (7)  If the state's share of the required match is

23  insufficient to meet the requirements of subsection (6), the

24  community college shall renegotiate the terms of the

25  contribution with the donors. If the project is terminated,

26  each private donation, plus accrued interest, reverts to the

27  direct-support organization for remittance to the donor.

28         (8)  By September 1 of each year, the State Board of

29  Education shall transmit to the Legislature a list of projects

30  which meet all eligibility requirements to participate in the

31  Community College Facility Enhancement Challenge Grant Program


                                 1182

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  and a budget request which includes the recommended schedule

 2  necessary to complete each project.

 3         (9)  In order for a project to be eligible under this

 4  program, it must be survey recommended under the provisions of

 5  s. 1013.31 and included in the community colleges 5-year

 6  capital improvement plan, and it must receive prior approval

 7  from the State Board of Education.

 8         (10)  A community college project may not be removed

 9  from the approved 3-year PECO priority list because of its

10  successful participation in this program until approved by the

11  Legislature and provided for in the General Appropriations

12  Act. When such a project is completed and removed from the

13  list, all other projects shall move up on the 3-year PECO

14  priority list.

15         (11)  Any project funds that are unexpended after a

16  project is completed shall revert to the community college's

17  direct-support organization capital facilities matching

18  account. Fifty percent of such unexpended funds shall be

19  reserved for the community college which originally received

20  the private contribution for the purpose of providing private

21  matching funds for future facility construction projects as

22  provided in this section. The balance of such unexpended funds

23  shall be returned to the General Revenue Fund.

24         (12)  The surveys, architectural plans, facility, and

25  equipment shall be the property of the participating community

26  college. A facility constructed under this section may be

27  named in honor of a donor at the option of the community

28  college district board of trustees. A facility may not be

29  named after a living person without prior approval by the

30  State Board of Education.

31  


                                 1183

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 632.  Part I.c. of chapter 1011, Florida

 2  Statutes, shall be entitled "Universities: Preparation,

 3  Adoption, and Implementation of Budgets" and shall consist of

 4  ss. 1011.40-1011.52.

 5         Section 633.  Section 1011.40, Florida Statutes, is

 6  created to read:

 7         1011.40  Budgets for universities.--

 8         (1)  LEGISLATIVE BUDGET REQUEST.--The State Board of

 9  Education shall provide instructions, guidelines, and standard

10  formats to be used by each university that will provide to the

11  State Board of Education and the Legislature adequate

12  information to support and justify the legislative budget

13  requests submitted pursuant to ss. 216.023, 1013.60, and

14  1011.90 for each university.

15         (2)  OPERATING BUDGET.--Each university board of

16  trustees shall adopt an operating budget for the operation of

17  the university as prescribed by law and rules of the State

18  Board of Education. Each university president shall prepare

19  and implement the operating budget of the university as

20  prescribed by law, rules of the State Board of Education,

21  policies of the university board of trustees, and provisions

22  of the General Appropriations Act. The proposed expenditures,

23  plus transfers, and balances shall not exceed the estimated

24  income, transfers, and balances. The budget and each part

25  thereof shall balance. If at any time the unencumbered balance

26  in the education and general fund of the university board of

27  trustees approved operating budget goes below five percent,

28  the president shall provide written notification to the State

29  Board of Education.

30         (3)  EXPENDITURES.--Expenditures from any source of

31  funds by any university shall not exceed the funds available.


                                 1184

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Expenditures shall not exceed the amount budgeted under each

 2  classification of accounts for each fund and the total amount

 3  of the budget, as amended as prescribed by rules of the State

 4  Board of Education. No expenditure of funds, contract, or

 5  agreement of any nature shall be made that requires additional

 6  appropriation of funds by the Legislature unless specifically

 7  authorized in advance by law or the General Appropriations

 8  Act.

 9         (4)  DISTRIBUTION OF APPROPRIATION.--Funds appropriated

10  in the General Appropriations Act for the operation of state

11  universities shall be distributed by the State Board of

12  Education to the universities twice monthly. The Executive

13  Office of the Governor may modify this schedule if required to

14  meet specific needs of a university.

15         Section 634.  Section 1011.41, Florida Statutes, is

16  created to read:

17         1011.41  University appropriations.--Funds for the

18  general operations of universities shall be requested and

19  appropriated as Aid to Local Governments Grants and Aids,

20  subject to provisions of the General Appropriations Act.

21         Section 635.  Section 1011.4105, Florida Statutes, is

22  created to read:

23         1011.4105  Transition from state accounting system

24  (FLAIR) to university accounting system.--

25         (1)  Universities and colleges under the supervision of

26  the State Board of Education shall use the state accounting

27  system (FLAIR) for fiscal year 2002-2003. The universities

28  shall not be required to provide funds to the Department of

29  Banking and Finance for the utilization of FLAIR.

30  

31  


                                 1185

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (2)  Beginning with the 2003-2004 fiscal year any

 2  university may transition from FLAIR to the university's

 3  accounting system.

 4         (3)  To accomplish the transition from FLAIR to a

 5  university's accounting system the university board of

 6  trustees must submit to the State Board of Education a plan

 7  developed in cooperation with the State Comptroller (Chief

 8  Financial Officer.) The plan must contain the actions the

 9  university will take, or has taken, to implement this

10  transition. The plan must provide time lines for completion of

11  actions and the target date the university will have

12  implemented and tested parallel systems with appropriate audit

13  and internal controls in place that will enable the university

14  to satisfactorily and timely perform all accounting and

15  reporting functions required by State and Federal law and

16  rules of the State Board of Education.

17         (4)  When a university is ready to transition from

18  FLAIR to its own system, the State Board of Education shall

19  verify that the system the university has implemented and

20  tested is adequate for the university, the university has

21  appropriate audit and internal controls in place, the

22  university has the resources required to operate and maintain

23  the system, and that the university and the State Comptroller

24  (Chief Financial Officer) are prepared to implement the

25  transition. The State Board of Education shall submit to the

26  Executive Office of the Governor and the Chairs of the

27  Appropriations Committees of the Senate and House of

28  Representatives confirmation of this verification and the date

29  the transition will be effective. Transition for any

30  university shall not take place until after the State Board of

31  Education has submitted this confirmation.


                                 1186

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (5)  The State Board of Education in cooperation with

 2  each university and the Department of Banking and Finance

 3  shall develop a plan and establish the deadline for all

 4  universities to have completed the transition from FLAIR. The

 5  Board shall submit a copy of this plan to the Executive Office

 6  of the Governor and the Chairs of the Appropriations

 7  Committees of the Senate and House of Representatives.

 8         Section 636.  Section 1011.4106, Florida Statutes, is

 9  created to read:

10         1011.4106  Trust fund dissolution.--Notwithstanding the

11  provisions of ss. 215.3206(2) and 215.3208(2), and pursuant to

12  s. 216.351, all unexpended balances as of June 30, 2002 in the

13  following state university system trust funds are hereby

14  appropriated to the appropriate accounts of each university

15  based upon the original source of the trust fund revenue and

16  any accrued interest:  the Education/General Student and Other

17  Fees Trust Fund, the Experiment Station Federal Grant Trust

18  Fund, the Experiment Station Incidental Trust Fund, the

19  Extension Service Federal Grant Trust Fund, the Extension

20  Service Incidental Trust Fund, the Incidental Trust Fund, the

21  UF Health Center Operations and Maintenance Trust Fund, the

22  Operations and Maintenance Trust Fund, and all other trust

23  funds in the State Treasury for universities.  Expenditure of

24  these funds by each university must be based on the laws,

25  rules, grant agreements, or other legal controlling factors

26  associated with all trust fund balances which are appropriated

27  to local accounts pursuant to this section, and included in

28  each university board of trustees' approved operating budget.

29  Each university shall be responsible for the payment of

30  outstanding debts or obligations associated with these funds.

31  


                                 1187

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 637.  Section 1011.411, Florida Statutes, is

 2  created to read:

 3         1011.411  Budgets for sponsored research at

 4  universities.--Funds for sponsored research at each university

 5  shall be budgeted and expended pursuant to ss. 1010.30 and

 6  1011.42.

 7         Section 638.  Section 1011.42, Florida Statutes, is

 8  created to read:

 9         1011.42  University depositories; deposits into and

10  withdrawals from depositories.--

11         (1)  The board of trustees of each university shall

12  designate the depositories in which any university funds may

13  be deposited. No bank shall be designated unless it is a

14  qualified depository as provided by Florida Statutes.

15         (2)  All funds received by a university, from whatever

16  source and for whatever purpose, shall promptly be deposited

17  in a board of trustees approved qualified depository.

18         (3)  The board of trustees shall require an accurate

19  and complete set of accounts to be maintained in the books and

20  records for each fund on deposit in each university

21  depository. Each account shall show the amount subject to

22  withdrawal, the amount deposited, the amount expended, and the

23  balance of the account.

24         (4)  The university may maintain a separate checking

25  account for each fund or may utilize a single checking account

26  for the deposit and withdrawal of moneys from all funds and

27  segregate the various funds on the books and records only. No

28  check or withdrawal shall be drawn in excess of the balance to

29  the credit of the appropriate fund.

30         (5)  Funds awaiting clearing may be invested in

31  investments earning interest in a qualified depository, in the


                                 1188

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  State Treasury, and in the State Board of Administration.

 2  Investments of university funds shall comply with the

 3  requirements of Florida Statutes for the investment of public

 4  funds by local government. Due diligence shall be exercised to

 5  assure that the highest available amount of earnings is

 6  obtained on investments.

 7         (6)  The university president or his designee, after

 8  having been specifically authorized by the university board of

 9  trustees, may transfer funds from one depository to another,

10  within a depository, to another institution, or from another

11  institution to a depository for investment purposes and may

12  transfer funds in a similar manner when the transfer does not

13  represent an expenditure, advance, or reduction of cash

14  assets.

15         (7)  The university board of trustees shall

16  specifically designate and spread upon the minutes of the

17  board the legal name and position title of any university

18  employee authorized to sign checks to pay legal obligations of

19  the university.

20         Section 639.  Section 1011.43, Florida Statutes, is

21  created to read:

22         1011.43  Investment of university agency and activity

23  funds; earnings used for scholarships.--Each university is

24  authorized to invest available agency and activity funds and

25  to use the earnings from such investments for student

26  scholarships and loans. The university board of trustees shall

27  provide procedures for the administration of these

28  scholarships and loans by rules.

29         Section 640.  Section 1011.45, Florida Statutes, is

30  created to read:

31  


                                 1189

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         1011.45  End of year balance of funds.--Unexpended

 2  amounts in any fund in a university current year operating

 3  budget shall be carried forward and included as the balance

 4  forward for that fund in the approved operating budget for the

 5  following year.

 6         Section 641.  Section 1011.47, Florida Statutes, is

 7  created to read:

 8         1011.47  Auxiliary enterprises; contracts, grants, and

 9  donations.--As used in s. 19(f)(3), Art. III of the State

10  Constitution, the term:

11         (1)  "Auxiliary enterprises" includes activities that

12  directly or indirectly provide a product or a service, or

13  both, to a university or its students, faculty, or staff and

14  for which a charge is made. These auxiliary enterprises are

15  business activities of a university which require no support

16  from the General Revenue Fund, and include activities such as

17  housing, bookstores, student health services, continuing

18  education programs, food services, college stores, operation

19  of vending machines, specialty shops, day care centers, golf

20  courses, student activities programs, data center operations,

21  and intercollegiate athletics programs.

22         (2)  "Contracts, grants, and donations" includes

23  noneducational and general funding sources in support of

24  research, public services, and training. The term includes

25  grants and donations, sponsored-research contracts, and

26  Department of Education funding for developmental research

27  schools and other activities for which the funds are deposited

28  outside the State Treasury.

29         Section 642.  Section 1011.48, Florida Statutes, is

30  created to read:

31  


                                 1190

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         1011.48  Establishment of educational research centers

 2  for child development.--

 3         (1)  Upon approval of the university president, the

 4  student government association of any state university may

 5  establish an educational research center for child development

 6  in accordance with the provisions of this section. Each such

 7  center shall be a child day care center established to provide

 8  care for the children of students, both graduate and

 9  undergraduate, faculty, and other staff and employees of the

10  university and to provide an opportunity for interested

11  schools or departments of the university to conduct

12  educational research programs and establish internship

13  programs within such centers. Whenever possible, such center

14  shall be located on the campus of the university. There shall

15  be a director of each center, selected by the board of

16  directors of the center.

17         (2)  There shall be a board of directors for each

18  educational research center for child development, consisting

19  of the president of the university or his or her designee, the

20  student government president or his or her designee, the chair

21  of each department participating in the center or his or her

22  designee, and one parent for each 50 children enrolled in the

23  center, elected by the parents of children enrolled in the

24  center. The director of the center shall be an ex officio,

25  nonvoting member of the board. The board shall establish local

26  policies and perform local oversight and operational guidance

27  for the center.

28         (3)  Each center is authorized to charge fees for the

29  care and services it provides. Such fees must be approved by

30  the State Board of Education and may be imposed on a sliding

31  


                                 1191

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  scale based on ability to pay or any other factors deemed

 2  relevant by the board.

 3         (4)  The State Board of Education is authorized and

 4  directed to promulgate rules for the establishment, operation,

 5  and supervision of educational research centers for child

 6  development. Such rules shall include, but need not be limited

 7  to: a defined method of establishment of and participation in

 8  the operation of centers by the appropriate student government

 9  associations; guidelines for the establishment of an intern

10  program in each center; and guidelines for the receipt and

11  monitoring of funds from grants and other sources of funds

12  consistent with existing laws.

13         (5)  Each educational research center for child

14  development shall be funded by a portion of the Capital

15  Improvement Trust Fund fee established by the State Board of

16  Education pursuant to s. 1009.24(7). Each university that

17  establishes a center shall receive a portion of such fees

18  collected from the students enrolled at that university,

19  usable only at that university, equal to 22.5 cents per

20  student per credit hour taken per term, based on the summer

21  term and fall and spring semesters. This allocation shall be

22  used by the university only for the establishment and

23  operation of a center as provided by this section and rules

24  promulgated hereunder. Said allocation may be made only after

25  all bond obligations required to be paid from such fees have

26  been met.

27         Section 643.  Section 1011.49, Florida Statutes, is

28  created to read:

29         1011.49  Assent to Smith-Lever Act; university board of

30  trustees authorized to receive grants.--The Legislature, in

31  behalf of and for the state, assents to, and gives its assent


                                 1192

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  to, the provisions and requirements of the Act of Congress

 2  commonly known as the "Smith-Lever Act," and all acts

 3  supplemental thereto, and the University of Florida Board of

 4  Trustees, having supervision over and control of the

 5  University of Florida, located at Gainesville, may receive the

 6  grants of money appropriated under said Act of Congress and

 7  organize and conduct agricultural and home economics extension

 8  work, which shall be carried on in connection with the

 9  University of Florida Institute of Food and Agricultural

10  Sciences, in accordance with the terms and conditions

11  expressed in said Act of Congress.

12         Section 644.  Section 1011.50, Florida Statutes, is

13  created to read:

14         1011.50  Agricultural experiment stations; assent to

15  Act of Congress; federal appropriation.--The objects and

16  purposes contained in the Act of Congress entitled "An Act to

17  provide for an increased annual appropriation for agricultural

18  experiment stations and regulating the expenditure thereof"

19  are assented to; and the Board of Trustees of the University

20  of Florida is authorized to accept and receive the annual

21  appropriations for the use and benefit of the agricultural

22  experiment station fund of the Institute of Food and

23  Agricultural Sciences of the University of Florida, located at

24  Gainesville, upon the terms and conditions contained in said

25  Act of Congress.

26         Section 645.  Section 1011.501, Florida Statutes, is

27  created to read:

28         1011.501  Assent to ss. 1444 and 1445 of the Food and

29  Agriculture Act of 1977; board of trustees authorized to

30  receive grants, etc.--The assent of Legislature is given to

31  the provisions and requirements of ss. 1444 and 1445 of the


                                 1193

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Act of Congress commonly known as the "Food and Agriculture

 2  Act of 1977" and all acts supplemental thereto. The Board of

 3  Trustees of the Florida Agricultural and Mechanical University

 4  may receive grants of money appropriated under said sections

 5  of said act and may organize and conduct agricultural

 6  extension work and conduct agricultural research, which shall

 7  be carried on in connection with the College of Engineering

 8  Sciences, Technology and Agriculture of said Florida

 9  Agricultural and Mechanical University, in accordance with the

10  terms and conditions expressed in the Act of Congress

11  aforesaid.

12         Section 646.  Section 1011.51, Florida Statutes, is

13  created to read:

14         1011.51  Independent postsecondary endowment grants.--

15         (1)  The Legislature finds and declares that accredited

16  baccalaureate-degree-granting independent nonprofit colleges

17  and universities are an integral part of the higher education

18  system in this state; that significant numbers of persons

19  choose to utilize these institutions for obtaining higher

20  education; that the burdens on public colleges and

21  universities are lessened because of the students that choose

22  to utilize these institutions for their higher education; that

23  having a strong system of baccalaureate-degree-granting

24  independent nonprofit colleges and universities will improve

25  the educational, economic, and social well-being of the state;

26  and that creation of a state program to provide matching

27  endowment grants will improve the academic excellence of these

28  institutions and enhance educational opportunities for Florida

29  citizens, furthering the improvement of the overall

30  educational system in the state.

31  


                                 1194

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (2)  There is established the Florida Postsecondary

 2  Endowment Grants Program to be administered by the Department

 3  of Education.  The program shall provide matching endowment

 4  grants to independent nonprofit colleges and universities in

 5  Florida that meet the requirements of this section.  The

 6  Legislature shall designate funds for the program to be

 7  transferred to the Grants and Donations Trust Fund from

 8  available sources.  All funds transferred to the trust fund,

 9  or retained in the trust fund, shall be invested in accordance

10  with the provisions of chapter 215. Notwithstanding the

11  provisions of s. 216.301 and pursuant to s. 216.351, any

12  undisbursed balance remaining in the trust fund for the

13  program and income from investments and interest related

14  thereto shall remain in the trust fund and shall increase the

15  total funds available for such matching endowment grants.

16         (3)  The matching endowment grants made available under

17  this section shall be made available to any independent

18  nonprofit college or university which:

19         (a)  Is located in and chartered by the state.

20         (b)  Is accredited by the Commission on Colleges of the

21  Southern Association of Colleges and Schools.

22         (c)  Grants baccalaureate degrees.

23         (d)  Is not a state university or community college.

24         (e)  Has a secular purpose, so long as the receipt of

25  state aid by students at the institution would not have the

26  primary effect of advancing or impeding religion or result in

27  an excessive entanglement between the state and any religious

28  sect.

29         (4)(a)  The amounts appropriated for the program shall

30  be allocated by the Department of Education to each

31  


                                 1195

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  independent nonprofit college or university that meets the

 2  criteria of subsection (3) in the following manner:

 3         1.  Each such college or university that raises an

 4  endowment contribution of at least $50,000, but no more than

 5  $75,000, from private sources shall receive a matching

 6  endowment grant equal to 70 percent of the private

 7  contribution.

 8         2.  Each such college or university that raises an

 9  endowment contribution in excess of $75,000, but no more than

10  $100,000, from private sources shall receive a matching

11  endowment grant equal to 75 percent of the private

12  contribution.

13         3.  Each such college or university that raises an

14  endowment contribution in excess of $100,000, but no more than

15  $125,000, from private sources shall receive a matching

16  endowment grant equal to 80 percent of the private

17  contribution.

18         4.  Each such college or university that raises an

19  endowment contribution in excess of $125,000 from private

20  sources shall receive a matching endowment grant equal to 100

21  percent of the private contribution.

22         (b)  The private sources may include combined

23  contributions for a common purpose, but shall not include

24  separate unrelated contributions.  The state endowment

25  matching grant shall be disbursed to the independent nonprofit

26  college or university upon certification by the college or

27  university that it has received and deposited the

28  proportionate amount specified in this subsection.

29         (c)  Contributions may also be eligible for matching if

30  there is a commitment to make a donation of $125,000, and an

31  initial payment of $25,000 is accompanied by a written pledge


                                 1196

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  to provide the balance within 4 years after the date of such

 2  initial payment.  Payments on the balance must be at least

 3  $25,000 per year and shall be made on or before the

 4  anniversary date of the initial payment.  No matching

 5  endowment grant shall be disbursed prior to collection of the

 6  total pledged contribution from the private source, but a

 7  pledged contribution shall encumber the matching endowment

 8  grant for that independent nonprofit college or university.

 9         (5)(a)  By July 1 of each year, each independent

10  nonprofit college or university that desires to participate in

11  the program shall certify to the department its eligibility.

12  The department, upon receipt and acceptance of such

13  certifications, shall reserve an equal amount of the

14  additional funds for the program transferred to the Grants and

15  Donations Trust Fund for that fiscal year for each independent

16  nonprofit college or university that is eligible to

17  participate.  An eligible independent nonprofit college or

18  university shall have 3 fiscal years within which to encumber

19  its share of trust funds reserved during the first 3 fiscal

20  years. After the third fiscal year, if any independent

21  nonprofit college or university does not fully utilize or

22  encumber its share of reserved trust funds for any single

23  fiscal year, such reserved funds shall be available in

24  subsequent fiscal years for the purposes of this program.

25         (b)  Each eligible institution shall certify to the

26  department its contributions for the year ending June 30,

27  1989. Only the qualified new contributions above the certified

28  base shall be calculated for the purpose of allocating grants

29  during the first 3 years of the program.  In subsequent years,

30  only the qualified new contributions above the certified prior

31  


                                 1197

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  year base shall be calculated for the purpose of allocating

 2  such grants.

 3         (6)  Matching endowment grants made pursuant to this

 4  section to a qualified independent nonprofit college or

 5  university shall be placed in a separate restricted endowment

 6  by such institution.  The interest or other income accruing

 7  from the endowment shall be expended exclusively for

 8  professorships, library resources, scientific and technical

 9  equipment, and nonathletic scholarships.  Moreover, the funds

10  in the endowment shall not be used for pervasively sectarian

11  instruction, religious worship, or theology or divinity

12  programs or resources.  The records of the endowment shall be

13  subject to review by the department and audit or examination

14  by the Auditor General and the Office of Program Policy

15  Analysis and Government Accountability.  If any institution

16  receiving a matching endowment grant pursuant to this section

17  ceases operations and undergoes dissolution proceedings, then

18  all funds received pursuant to this section from the state

19  shall be returned.

20         (7)  The State Board of Education shall adopt rules

21  necessary to implement this section.

22         (8)  This section shall be implemented to the extent

23  specifically funded and authorized by law.

24         Section 647.  Section 1011.52, Florida Statutes, is

25  created to read:

26         1011.52  Appropriation to first accredited medical

27  school.--

28         (1)  Subject to the provisions hereinafter set forth,

29  the Legislature shall provide an annual appropriation to the

30  first accredited medical school.  Payments of moneys from such

31  


                                 1198

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  appropriation shall be made semiannually at the beginning of

 2  the first and third quarters.

 3         (2)  In order for a medical school to qualify under the

 4  provisions of this section and to be entitled to the benefits

 5  herein, such medical school:

 6         (a)  Must be primarily operated and established to

 7  offer, afford, and render a medical education to residents of

 8  the state qualifying for admission to such institution;

 9         (b)  Must be operated by a municipality or county of

10  this state, or by a nonprofit organization heretofore or

11  hereafter established exclusively for educational purposes;

12         (c)  Must, upon the formation and establishment of an

13  accredited medical school, transmit and file with the

14  Department of Education documentary proof evidencing the facts

15  that such institution has been certified and approved by the

16  council on medical education and hospitals of the American

17  Medical Association and has adequately met the requirements of

18  that council in regard to its administrative facilities,

19  administrative plant, clinical facilities, curriculum, and all

20  other such requirements as may be necessary to qualify with

21  the council as a recognized, approved, and accredited medical

22  school;

23         (d)  Must certify to the Department of Education the

24  name, address, and educational history of each student

25  approved and accepted for enrollment in such institution for

26  the ensuing school year.

27         (3)  The Department of Education shall, within 60 days

28  of the receipt of the student enrollment of the medical

29  school, pay to the school, each year, the amount appropriated

30  for students accepted and approved for enrollment in such

31  medical institution, provided each medical student is a legal


                                 1199

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  resident of the state or, if the student is not of legal age,

 2  his or her parents or legal guardian are residents of the

 3  state at the time of the student's acceptance and approval as

 4  a medical student.  In the event a student resigns or is

 5  dismissed from such medical institution for any reason

 6  whatsoever before the end of a school year, then the medical

 7  institution shall, within 30 days from such dismissal or

 8  resignation, remit to the state, through the Department of

 9  Education, a pro rata amount of the sum before paid by the

10  state to the medical institution, which amount is to be

11  computed by dividing the total number of days in the school

12  year into the sum paid for that student and multiplying the

13  result by the total number of days remaining in such school

14  year after such resignation or dismissal.

15         (4)  Such institution is prohibited from expending any

16  of the sums received under the terms of this section for any

17  purposes whatsoever, except for the operation and maintenance

18  of a medical school and for medical research.  The institution

19  is further prohibited from expending any sums received under

20  the terms of this section for the construction or erection of

21  any buildings of any kind, nature, or description or for the

22  maintenance and operation of a hospital in any form or manner

23  whatsoever.

24         Section 648.  Part I.d. of chapter 1011, Florida

25  Statutes, shall be entitled "Florida School for the Deaf and

26  the Blind: Preparation, Adoption, and Implementation of

27  Budgets" and shall consist of ss. 1011.55-1011.57.

28         Section 649.  Section 1011.55, Florida Statutes, is

29  created to read:

30         1011.55  Procedure for legislative budget requests for

31  the Florida School for the Deaf and the Blind.--


                                 1200

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (1)  The legislative budget request of the Florida

 2  School for the Deaf and the Blind shall be prepared using the

 3  same format, procedures, and timelines required for the

 4  submission of the legislative budget of the Department of

 5  Education. The Commissioner of Education shall include the

 6  Florida School for the Deaf and the Blind in the department's

 7  legislative budget request to the State Board of Education,

 8  the Governor, and the Legislature. The legislative budget

 9  request and the appropriation for the Florida School for the

10  Deaf and the Blind shall be a separate identifiable sum in the

11  public schools budget entity of the Department of Education.

12  The annual appropriation for the school shall be distributed

13  monthly in payments as nearly equal as possible.

14  Appropriations for textbooks, instructional technology, and

15  school buses may be released and distributed as necessary to

16  serve the instructional program for the students.

17         (2)  Fixed capital outlay needs of the school shall

18  continue to be requested in the public education capital

19  outlay legislative budget request of the Department of

20  Education.

21         Section 650.  Section 1011.56, Florida Statutes, is

22  created to read:

23         1011.56  Operating budget for the Florida School for

24  the Deaf and the Blind.--The president of the school shall

25  recommend to the board of trustees a budget of income and

26  expenditures at such time and in such form as the board of

27  trustees may prescribe. The board of trustees shall adopt

28  procedures for the approval of budget amendments. If at any

29  time the unencumbered balance of approved operating budget

30  goes below 5 percent, the president shall provide written

31  notification to the State Board of Education.


                                 1201

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 651.  Section 1011.57, Florida Statutes, is

 2  created to read:

 3         1011.57  Florida School for the Deaf and the Blind;

 4  board of trustees; management flexibility.--

 5         (1)  Notwithstanding the provisions of ss. 216.031,

 6  216.181, and 216.262 to the contrary and pursuant to the

 7  provisions of s. 216.351, but subject to any guidelines

 8  imposed in the General Appropriations Act, funds for the

 9  operation of the Florida School for the Deaf and the Blind

10  shall be requested and appropriated within budget entities,

11  program components, program categories, lump sums, or special

12  categories. Funds appropriated to the Florida School for the

13  Deaf and the Blind for each program category, lump sum, or

14  special category may be transferred to traditional categories

15  for expenditure by the board of trustees of the school. The

16  board of trustees shall develop an annual operating budget

17  that allocates funds by program component and traditional

18  expenditure category.

19         (2)  Notwithstanding the provisions of s. 216.181 and

20  pursuant to the provisions of s. 216.351, but subject to any

21  requirements imposed in the General Appropriations Act, no

22  lump-sum plan is required to implement the special categories,

23  program categories, or lump-sum appropriations. Upon release

24  of the special categories, program categories, or lump-sum

25  appropriations to the board of trustees, the Comptroller, upon

26  the request of the board of trustees, shall transfer or

27  reallocate funds to or among accounts established for

28  disbursement purposes. The board of trustees shall maintain

29  records to account for the original appropriation.

30         (3)  Notwithstanding the provisions of ss. 216.031,

31  216.181, 216.251, and 216.262 to the contrary and pursuant to


                                 1202

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the provisions of s. 216.351, but subject to any requirements

 2  imposed in the General Appropriations Act, the board of

 3  trustees shall establish the authorized positions and may

 4  amend such positions, within the total funds authorized

 5  annually in the appropriations act.

 6         (4)  Notwithstanding the provisions of s. 216.301 to

 7  the contrary, the Executive Office of the Governor shall, on

 8  July 1 of each year, certify forward all unexpended funds

 9  appropriated for the Florida School for the Deaf and the

10  Blind. The unexpended amounts in any fund shall be carried

11  forward and included as the balance forward for that fund in

12  the approved operating budget for the following year.

13         Section 652.  Part II of chapter 1011, Florida

14  Statutes, shall be entitled "Funding for School Districts" and

15  shall consist of ss. 1011.60-1011.77.

16         Section 653.  Section 1011.60, Florida Statutes, is

17  created to read:

18         1011.60  Minimum requirements of the Florida Education

19  Finance Program.--Each district which participates in the

20  state appropriations for the Florida Education Finance Program

21  shall provide evidence of its effort to maintain an adequate

22  school program throughout the district and shall meet at least

23  the following requirements:

24         (1)  ACCOUNTS AND REPORTS.--Maintain adequate and

25  accurate records, including a system of internal accounts for

26  individual schools, and file with the Department of Education,

27  in correct and proper form on or before the date due as fixed

28  by law or rule, each annual or periodic report that is

29  required by rules of the State Board of Education.

30         (2)  MINIMUM TERM.--Operate all schools for a term of

31  at least 180 actual teaching days as prescribed in s.


                                 1203

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  1003.01(14) or the equivalent on an hourly basis as specified

 2  by rules of the State Board of Education each school year. The

 3  State Board of Education may prescribe procedures for

 4  altering, and, upon written application, may alter, this

 5  requirement during a national, state, or local emergency as it

 6  may apply to an individual school or schools in any district

 7  or districts if, in the opinion of the board, it is not

 8  feasible to make up lost days, and the apportionment may, at

 9  the discretion of the Commissioner of Education and if the

10  board determines that the reduction of school days is caused

11  by the existence of a bona fide emergency, be reduced for such

12  district or districts in proportion to the decrease in the

13  length of term in any such school or schools. A strike, as

14  defined in s. 447.203(6), by employees of the school district

15  may not be considered an emergency.

16         (3)  EMPLOYMENT POLICIES.--Adopt rules relating to the

17  appointment, promotion, transfer, suspension, and dismissal of

18  personnel.

19         (a)  Such rules must conform to applicable law and

20  rules of the State Board of Education and must include the

21  duties and responsibilities of the district school

22  superintendent and school board pertaining to these and other

23  personnel matters.

24         (b)  All personnel shall be paid in accordance with

25  payroll period schedules adopted by the school board and

26  included in the official salary schedule.

27         (c)  No salary payment shall be paid to any employee in

28  advance of service being rendered.

29         (d)  District school boards may authorize a maximum of

30  six paid legal holidays which shall apply to the 196 days of

31  service.


                                 1204

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (e)  Such rules may include reasonable time for

 2  vacation and absences for further professional studies for

 3  personnel employed on a 12-month basis.

 4         (f)  Such rules must require 12 calendar months of

 5  service for such principals as prescribed by rules of the

 6  State Board of Education and must require 10 months to include

 7  not less than 196 days of service, excluding Sundays and other

 8  holidays, for all members of the instructional staff, with any

 9  such service on a 12-month basis to include reasonable

10  allowance for vacation or further study as prescribed by the

11  school board in accordance with rules of the State Board of

12  Education.

13         (4)  SALARY SCHEDULES.--Expend funds for salaries in

14  accordance with a salary schedule or schedules adopted by the

15  school board in accordance with the provisions of law and

16  rules of the State Board of Education. Expenditures for

17  salaries of instructional personnel must include compensation

18  based on employee performance demonstrated under s. 1012.34.

19         (5)  BUDGETS.--Observe fully at all times all

20  requirements of law and rules of the State Board of Education

21  relating to the preparation, adoption, and execution of

22  budgets for district school boards.

23         (6)  MINIMUM FINANCIAL EFFORT REQUIRED.--Make the

24  minimum financial effort required for the support of the

25  Florida Education Finance Program as prescribed in the current

26  year's General Appropriations Act.

27         (7)  DISTRICT EDUCATIONAL PLANNING.--Maintain a system

28  of planning and evaluation as required by law.

29         (8)  MINIMUM CLASSROOM EXPENDITURE

30  REQUIREMENTS.--Comply with the minimum classroom expenditure

31  requirements and associated reporting pursuant to s. 1011.64.


                                 1205

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 654.  Section 1011.61, Florida Statutes, is

 2  created to read:

 3         1011.61  Definitions.--Notwithstanding the provisions

 4  of s. 1000.21, the following terms are defined as follows for

 5  the purposes of the Florida Education Finance Program:

 6         (1)  A "full-time equivalent student" in each program

 7  of the district is defined in terms of full-time students and

 8  part-time students as follows:

 9         (a)  A "full-time student" is one student on the

10  membership roll of one school program or a combination of

11  school programs listed in s. 1011.62(1)(c) for the school year

12  or the equivalent for:

13         1.  Instruction in a standard school, comprising not

14  less than 900 net hours for a student in or at the grade level

15  of 4 through 12, or not less than 720 net hours for a student

16  in or at the grade level of kindergarten through grade 3 or in

17  an authorized prekindergarten exceptional program;

18         2.  Instruction in a double-session school or a school

19  utilizing an experimental school calendar approved by the

20  Department of Education, comprising not less than the

21  equivalent of 810 net hours in grades 4 through 12 or not less

22  than 630 net hours in kindergarten through grade 3; or

23         3.  Instruction comprising the appropriate number of

24  net hours set forth in subparagraph 1. or subparagraph 2. for

25  students who, within the past year, have moved with their

26  parents for the purpose of engaging in the farm labor or fish

27  industries, if a plan furnishing such an extended school day

28  or week, or a combination thereof, has been approved by the

29  commissioner. Such plan may be approved to accommodate the

30  needs of migrant students only or may serve all students in

31  schools having a high percentage of migrant students. The plan


                                 1206

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  described in this subparagraph is optional for any school

 2  district and is not mandated by the state.

 3         (b)  A "part-time student" is a student on the active

 4  membership roll of a school program or combination of school

 5  programs listed in s. 1011.62(1)(c) who is less than a

 6  full-time student.

 7         (c)1.  A "full-time equivalent student" is:

 8         a.  A full-time student in any one of the programs

 9  listed in s. 1011.62(1)(c); or

10         b.  A combination of full-time or part-time students in

11  any one of the programs listed in s. 1011.62(1)(c) which is

12  the equivalent of one full-time student based on the following

13  calculations:

14         (I)  A full-time student, except a postsecondary or

15  adult student or a senior high school student enrolled in

16  adult education when such courses are required for high school

17  graduation, in a combination of programs listed in s.

18  1011.62(1)(c) shall be a fraction of a full-time equivalent

19  membership in each special program equal to the number of net

20  hours per school year for which he or she is a member, divided

21  by the appropriate number of hours set forth in subparagraph

22  (a)1. or subparagraph (a)2. The difference between that

23  fraction or sum of fractions and the maximum value as set

24  forth in subsection (4) for each full-time student is presumed

25  to be the balance of the student's time not spent in such

26  special education programs and shall be recorded as time in

27  the appropriate basic program.

28         (II)  A prekindergarten handicapped student shall meet

29  the requirements specified for kindergarten students.

30         2.  A student in membership in a program scheduled for

31  more or less than 180 school days is a fraction of a full-time


                                 1207

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  equivalent membership equal to the number of instructional

 2  hours in membership divided by the appropriate number of hours

 3  set forth in subparagraph (a)1.; however, for the purposes of

 4  this subparagraph, membership in programs scheduled for more

 5  than 180 days is limited to students enrolled in juvenile

 6  justice education programs.

 7  

 8  The department shall determine and implement an equitable

 9  method of equivalent funding for experimental schools and for

10  schools operating under emergency conditions, which schools

11  have been approved by the department to operate for less than

12  the minimum school day.

13         (2)  A "full-time equivalent student" is a student in

14  grades 4 through 8 who is participating in a student-teacher

15  adviser program conducted during homeroom period, who is a

16  fraction of a full-time equivalent membership based on net

17  hours in the program, with a maximum of 36 net hours in any

18  fiscal year. Each district program shall be approved by the

19  Department of Education.

20         (3)  For the purpose of calculating the "current

21  operation program," a student is in membership until he or she

22  withdraws or until the close of the 11th consecutive school

23  day of his or her absence, whichever comes first.

24         (4)  The maximum value for funding a student in

25  kindergarten through grade 12 or in a prekindergarten program

26  for exceptional children as provided in s. 1003.21(1)(e),

27  except for a student as set forth in sub-sub-subparagraph

28  (1)(c)1.b.(I), is one full-time equivalent student membership

29  for a school year or equivalent.

30         (5)  The "Florida Education Finance Program" includes

31  all programs and costs as provided in s. 1011.62.


                                 1208

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (6)  "Basic programs" include, but are not limited to,

 2  language arts, mathematics, art, music, physical education,

 3  science, and social studies.

 4         Section 655.  Effective upon this act becoming a law,

 5  section 1011.62, Florida Statutes, is created to read:

 6         1011.62  Funds for operation of schools.--If the annual

 7  allocation from the Florida Education Finance Program to each

 8  district for operation of schools is not determined in the

 9  annual appropriations act or the substantive bill implementing

10  the annual appropriations act, it shall be determined as

11  follows:

12         (1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR

13  OPERATION.--The following procedure shall be followed in

14  determining the annual allocation to each district for

15  operation:

16         (a)  Determination of full-time equivalent

17  membership.--During each of several school weeks, including

18  scheduled intersessions of a year-round school program during

19  the fiscal year, a program membership survey of each school

20  shall be made by each district by aggregating the full-time

21  equivalent student membership of each program by school and by

22  district. The department shall establish the number and

23  interval of membership calculations, except that for basic and

24  special programs such calculations shall not exceed nine for

25  any fiscal year. The district's full-time equivalent

26  membership shall be computed and currently maintained in

27  accordance with regulations of the commissioner.

28         (b)  Determination of base student allocation.--The

29  base student allocation for the Florida Education Finance

30  Program for kindergarten through grade 12 shall be determined

31  


                                 1209

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  annually by the Legislature and shall be that amount

 2  prescribed in the current year's General Appropriations Act.

 3         (c)  Determination of programs.--Cost factors based on

 4  desired relative cost differences between the following

 5  programs shall be established in the annual General

 6  Appropriations Act. The Commissioner of Education shall

 7  specify a matrix of services and intensity levels to be used

 8  by districts in the determination of the two weighted cost

 9  factors for exceptional students with the highest levels of

10  need. For these students, the funding support level shall fund

11  the exceptional students' education program, with the

12  exception of extended school year services for students with

13  disabilities.

14         1.  Basic programs.--

15         a.  Kindergarten and grades 1, 2, and 3.

16         b.  Grades 4, 5, 6, 7, and 8.

17         c.  Grades 9, 10, 11, and 12.

18         2.  Programs for exceptional students.--

19         a.  Support Level IV.

20         b.  Support Level V.

21         3.  Secondary career and technical education

22  programs.--

23         4.  English for Speakers of Other Languages.--

24         (d)  Annual allocation calculation.--

25         1.  The Department of Education is authorized and

26  directed to review all district programs and enrollment

27  projections and calculate a maximum total weighted full-time

28  equivalent student enrollment for each district for the K-12

29  FEFP.

30         2.  Maximum enrollments calculated by the department

31  shall be derived from enrollment estimates used by the


                                 1210

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Legislature to calculate the FEFP.  If two or more districts

 2  enter into an agreement under the provisions of s.

 3  1001.42(4)(d), after the final enrollment estimate is agreed

 4  upon, the amount of FTE specified in the agreement, not to

 5  exceed the estimate for the specific program as identified in

 6  paragraph (c), may be transferred from the participating

 7  districts to the district providing the program.

 8         3.  As part of its calculation of each district's

 9  maximum total weighted full-time equivalent student

10  enrollment, the department shall establish separate enrollment

11  ceilings for each of two program groups. Group 1 shall be

12  composed of basic programs for grades K-3, grades 4-8, and

13  grades 9-12. Group 2 shall be composed of students in

14  exceptional student education programs, English for Speakers

15  of Other Languages programs, and all career and technical

16  programs in grades 7-12.

17         a.  The weighted enrollment ceiling for group 2

18  programs shall be calculated by multiplying the final

19  enrollment conference estimate for each program by the

20  appropriate program weight.  The weighted enrollment ceiling

21  for program group 2 shall be the sum of the weighted

22  enrollment ceilings for each program in the program group,

23  plus the increase in weighted full-time equivalent student

24  membership from the prior year for clients of the Department

25  of Children and Family Services and the Department of Juvenile

26  Justice.

27         b.  If, for any calculation of the FEFP, the weighted

28  enrollment for program group 2, derived by multiplying actual

29  enrollments by appropriate program weights, exceeds the

30  enrollment ceiling for that group, the following procedure

31  


                                 1211

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  shall be followed to reduce the weighted enrollment for that

 2  group to equal the enrollment ceiling:

 3         (I)  The weighted enrollment ceiling for each program

 4  in the program group shall be subtracted from the weighted

 5  enrollment for that program derived from actual enrollments.

 6         (II)  If the difference calculated under

 7  sub-sub-subparagraph (I) is greater than zero for any program,

 8  a reduction proportion shall be computed for the program by

 9  dividing the absolute value of the difference by the total

10  amount by which the weighted enrollment for the program group

11  exceeds the weighted enrollment ceiling for the program group.

12         (III)  The reduction proportion calculated under

13  sub-sub-subparagraph (II) shall be multiplied by the total

14  amount of the program group's enrollment over the ceiling as

15  calculated under sub-sub-subparagraph (I).

16         (IV)  The prorated reduction amount calculated under

17  sub-sub-subparagraph (III) shall be subtracted from the

18  program's weighted enrollment.  For any calculation of the

19  FEFP, the enrollment ceiling for group 1 shall be calculated

20  by multiplying the actual enrollment for each program in the

21  program group by its appropriate program weight.

22         c.  For program group 2, the weighted enrollment

23  ceiling shall be a number not less than the sum obtained by:

24         (I)  Multiplying the sum of reported FTE for all

25  programs in the program group that have a cost factor of 1.0

26  or more by 1.0, and

27         (II)  By adding this number to the sum obtained by

28  multiplying the projected FTE for all programs with a cost

29  factor less than 1.0 by the actual cost factor.

30         4.  Following completion of the weighted enrollment

31  ceiling calculation as provided in subparagraph 3., a


                                 1212

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  supplemental capping calculation shall be employed for those

 2  districts that are over their weighted enrollment ceiling. For

 3  each such district, the total reported unweighted FTE

 4  enrollment for group 2 programs shall be compared with the

 5  total appropriated unweighted FTE enrollment for group 2

 6  programs. If the total reported unweighted FTE for group 2 is

 7  greater than the appropriated unweighted FTE, then the excess

 8  unweighted FTE up to the unweighted FTE transferred from group

 9  2 to group 1 for each district by the Public School FTE

10  Estimating Conference shall be funded at a weight of 1.0 and

11  added to the funded weighted FTE computed in subparagraph 3.

12         (e)  Funding model for exceptional student education

13  programs.--

14         1.a.  The funding model uses basic, at-risk, support

15  levels IV and V for exceptional students and career and

16  technical Florida Education Finance Program cost factors, and

17  a guaranteed allocation for exceptional student education

18  programs. Exceptional education cost factors are determined by

19  using a matrix of services to document the services that each

20  exceptional student will receive. The nature and intensity of

21  the services indicated on the matrix shall be consistent with

22  the services described in each exceptional student's

23  individual educational plan.

24         b.  In order to generate funds using one of the two

25  weighted cost factors, a matrix of services must be completed

26  at the time of the student's initial placement into an

27  exceptional student education program and at least once every

28  3 years by personnel who have received approved training.

29  Nothing listed in the matrix shall be construed as limiting

30  the services a school district must provide in order to ensure

31  


                                 1213

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  that exceptional students are provided a free, appropriate

 2  public education.

 3         c.  Students identified as exceptional, in accordance

 4  with chapter 6A-6, Florida Administrative Code, who do not

 5  have a matrix of services as specified in sub-subparagraph b.

 6  shall generate funds on the basis of full-time-equivalent

 7  student membership in the Florida Education Finance Program at

 8  the same funding level per student as provided for basic

 9  students. Additional funds for these exceptional students will

10  be provided through the guaranteed allocation designated in

11  subparagraph 2.

12         2.  For students identified as exceptional who do not

13  have a matrix of services, there is created a guaranteed

14  allocation to provide these students with a free appropriate

15  public education, in accordance with s. 1001.42(4)(m) and

16  rules of the State Board of Education, which shall be

17  allocated annually to each school district in the amount

18  provided in the General Appropriations Act. These funds shall

19  be in addition to the funds appropriated on the basis of FTE

20  student membership in the Florida Education Finance Program,

21  and the amount allocated for each school district shall not be

22  recalculated during the year. These funds shall be used to

23  provide special education and related services for exceptional

24  students.

25         (f)  Supplemental academic instruction; categorical

26  fund.--

27         1.  There is created a categorical fund to provide

28  supplemental academic instruction to students in kindergarten

29  through grade 12.  This paragraph may be cited as the

30  "Supplemental Academic Instruction Categorical Fund."

31  


                                 1214

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         2.  Categorical funds for supplemental academic

 2  instruction shall be allocated annually to each school

 3  district in the amount provided in the General Appropriations

 4  Act.  These funds shall be in addition to the funds

 5  appropriated on the basis of FTE student membership in the

 6  Florida Education Finance Program and shall be included in the

 7  total potential funds of each district.  These funds shall be

 8  used to provide supplemental academic instruction to students

 9  enrolled in the K-12 program. Supplemental instruction

10  strategies may include, but are not limited to: modified

11  curriculum, reading instruction, after-school instruction,

12  tutoring, mentoring, class size reduction, extended school

13  year, intensive skills development in summer school, and other

14  methods for improving student achievement. Supplemental

15  instruction may be provided to a student in any manner and at

16  any time during or beyond the regular 180-day term identified

17  by the school as being the most effective and efficient way to

18  best help that student progress from grade to grade and to

19  graduate.

20         3.  Effective with the 1999-2000 fiscal year, funding

21  on the basis of FTE membership beyond the 180-day regular term

22  shall be provided in the FEFP only for students enrolled in

23  juvenile justice education programs. Funding for instruction

24  beyond the regular 180-day school year for all other K-12

25  students shall be provided through the supplemental academic

26  instruction categorical fund and other state, federal, and

27  local fund sources with ample flexibility for schools to

28  provide supplemental instruction to assist students in

29  progressing from grade to grade and graduating.

30         4.  The Florida State University School, as a

31  developmental research school, is authorized to expend from


                                 1215

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  its FEFP or Lottery Enhancement Trust Fund allocation the cost

 2  to the student of remediation in reading, writing, or

 3  mathematics for any graduate who requires remediation at a

 4  postsecondary educational institution.

 5         5.  Beginning in the 1999-2000 school year, dropout

 6  prevention programs as defined in ss. 1003.52, 1003.53(1)(a),

 7  (b), and (c), and 1003.54 shall be included in Group 1

 8  programs under subparagraph (1)(d)3.

 9         (g)  Education for speakers of other languages.--A

10  school district shall be eligible to report full-time

11  equivalent student membership in the ESOL program in the

12  Florida Education Finance Program provided the following

13  conditions are met:

14         1.  The school district has a plan approved by the

15  Department of Education.

16         2.  The eligible student is identified and assessed as

17  limited English proficient based on assessment criteria.

18         3.a.  An eligible student may be reported for funding

19  in the ESOL program for a base period of 3 years. However, a

20  student whose English competency does not meet the criteria

21  for proficiency after 3 years in the ESOL program may be

22  reported for a fourth, fifth, and sixth year of funding,

23  provided his or her limited English proficiency is assessed

24  and properly documented prior to his or her enrollment in each

25  additional year beyond the 3-year base period.

26         b.  If a student exits the program and is later

27  reclassified as limited English proficient, the student may be

28  reported in the ESOL program for funding for an additional

29  year, or extended annually for a period not to exceed a total

30  of 6 years pursuant to this paragraph, based on an annual

31  evaluation of the student's status.


                                 1216

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         4.  An eligible student may be reported for funding in

 2  the ESOL program for membership in ESOL instruction in English

 3  and ESOL instruction or home language instruction in the basic

 4  subject areas of mathematics, science, social studies, and

 5  computer literacy.

 6         (h)  Small, isolated high schools.--Districts which

 7  levy the maximum nonvoted discretionary millage, exclusive of

 8  millage for capital outlay purposes levied pursuant to s.

 9  1011.71(2), may calculate full-time equivalent students for

10  small, isolated high schools by multiplying the number of

11  unweighted full-time equivalent students times 2.75; provided

12  the percentage of students at such school passing both parts

13  of the high school competency test, as defined by law and

14  rule, has been equal to or higher than such percentage for the

15  state or district, whichever is greater.  For the purpose of

16  this section, the term "small, isolated high school" means any

17  high school which is located no less than 28 miles by the

18  shortest route from another high school; which has been

19  serving students primarily in basic studies provided by

20  sub-subparagraphs (c)1.b. and c. and may include subparagraph

21  (c)4.; and which has a membership of no more than 100

22  students, but no fewer than 28 students, in grades 9 through

23  12.

24         (i)  Calculation of full-time equivalent membership

25  with respect to instruction from community colleges or state

26  universities.--Students enrolled in community college or

27  university dual enrollment instruction pursuant to s. 1007.271

28  may be included in calculations of full-time equivalent

29  student memberships for basic programs for grades 9 through 12

30  by a district school board. Such students may also be

31  calculated as the proportional shares of full-time equivalent


                                 1217

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  enrollments they generate for the community college or

 2  university conducting the dual enrollment instruction. Early

 3  admission students shall be considered dual enrollments for

 4  funding purposes. Students may be enrolled in dual enrollment

 5  instruction provided by an eligible independent college or

 6  university and may be included in calculations of full-time

 7  equivalent student memberships for basic programs for grades 9

 8  through 12 by a district school board. However, those

 9  provisions of law which exempt dual enrolled and early

10  admission students from payment of instructional materials and

11  tuition and fees, including laboratory fees, shall not apply

12  to students who select the option of enrolling in an eligible

13  independent institution. An independent college or university

14  which is located and chartered in Florida, is not for profit,

15  is accredited by the Commission on Colleges of the Southern

16  Association of Colleges and Schools or the Accrediting

17  Commission of the Association of Independent Colleges and

18  Schools, and which confers degrees as defined in s. 1005.02

19  shall be eligible for inclusion in the dual enrollment or

20  early admission program. Students enrolled in dual enrollment

21  instruction shall be exempt from the payment of tuition and

22  fees, including laboratory fees. No student enrolled in

23  college credit mathematics or English dual enrollment

24  instruction shall be funded as a dual enrollment unless the

25  student has successfully completed the relevant section of the

26  entry-level examination required pursuant to s. 1008.30.

27         (j)  Coenrollment.--If a high school student wishes to

28  earn high school credits from a community college and enrolls

29  in one or more adult secondary education courses at the

30  community college, the community college shall be reimbursed

31  


                                 1218

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  for the costs incurred because of the high school student's

 2  coenrollment as provided in the General Appropriations Act.

 3         (k)  Instruction in exploratory career

 4  education.--Students in grades 7 through 12 who are enrolled

 5  for more than four semesters in exploratory career education

 6  may not be counted as full-time equivalent students for this

 7  instruction.

 8         (l)  Calculation of additional full-time equivalent

 9  membership based on international baccalaureate examination

10  scores of students.--A value of 0.24 full-time equivalent

11  student membership shall be calculated for each student

12  enrolled in an international baccalaureate course who receives

13  a score of 4 or higher on a subject examination. A value of

14  0.3 full-time equivalent student membership shall be

15  calculated for each student who receives an international

16  baccalaureate diploma. Such value shall be added to the total

17  full-time equivalent student membership in basic programs for

18  grades 9 through 12 in the subsequent fiscal year. The school

19  district shall distribute to each classroom teacher who

20  provided international baccalaureate instruction:

21         1.  A bonus in the amount of $50 for each student

22  taught by the International Baccalaureate teacher in each

23  international baccalaureate course who receives a score of 4

24  or higher on the international baccalaureate examination.

25         2.  An additional bonus of $500 to each International

26  Baccalaureate teacher in a school designated performance grade

27  category "D" or "F" who has at least one student scoring 4 or

28  higher on the international baccalaureate examination,

29  regardless of the number of classes taught or of the number of

30  students scoring a 4 or higher on the international

31  baccalaureate examination.


                                 1219

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  

 2  Bonuses awarded to a teacher according to this paragraph shall

 3  not exceed $2,000 in any given school year and shall be in

 4  addition to any regular wage or other bonus the teacher

 5  received or is scheduled to receive.

 6         (m)  Calculation of additional full-time equivalent

 7  membership based on Advanced International Certificate of

 8  Education examination scores of students.--A value of 0.24

 9  full-time equivalent student membership shall be calculated

10  for each student enrolled in a full-credit Advanced

11  International Certificate of Education course who receives a

12  score of 2 or higher on a subject examination. A value of 0.12

13  full-time equivalent student membership shall be calculated

14  for each student enrolled in a half-credit Advanced

15  International Certificate of Education course who receives a

16  score of 1 or higher on a subject examination. A value of 0.3

17  full-time equivalent student membership shall be calculated

18  for each student who received an Advanced International

19  Certificate of Education diploma. Such value shall be added to

20  the total full-time equivalent student membership in basic

21  programs for grades 9 through 12 in the subsequent fiscal

22  year. The school district shall distribute to each classroom

23  teacher who provided Advanced International Certificate of

24  Education instruction:

25         1.  A bonus in the amount of $50 for each student

26  taught by the Advanced International Certificate of Education

27  teacher in each full-credit Advanced International Certificate

28  of Education course who receives a score of 2 or higher on the

29  Advanced International Certificate of Education examination. A

30  bonus in the amount of $25 for each student taught by the

31  Advanced International Certificate of Education teacher in


                                 1220

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  each half-credit Advanced International Certificate of

 2  Education course who receives a score of 1 or higher on the

 3  Advanced International Certificate of Education examination.

 4         2.  An additional bonus of $500 to each Advanced

 5  International Certificate of Education teacher in a school

 6  designated performance grade category "D" or "F" who has at

 7  least one student scoring 2 or higher on the full-credit

 8  Advanced International Certificate of Education examination,

 9  regardless of the number of classes taught or of the number of

10  students scoring a 2 or higher on the full-credit Advanced

11  International Certificate of Education examination.

12         3.  Additional bonuses of $250 each to teachers of

13  half-credit Advanced International Certificate of Education

14  classes in a school designated performance grade category "D"

15  or "F" which has at least one student scoring a 1 or higher on

16  the half-credit Advanced International Certificate of

17  Education examination in that class. The maximum additional

18  bonus for a teacher awarded in accordance with this

19  subparagraph shall not exceed $500 in any given school year.

20  Teachers receiving an award under subparagraph 2. are not

21  eligible for a bonus under this subparagraph.

22  

23  Bonuses awarded to a teacher according to this paragraph shall

24  not exceed $2,000 in any given school year and shall be in

25  addition to any regular wage or other bonus the teacher

26  received or is scheduled to receive.

27         (n)  Calculation of additional full-time equivalent

28  membership based on college board advanced placement scores of

29  students.--A value of 0.24 full-time equivalent student

30  membership shall be calculated for each student in each

31  advanced placement course who receives a score of 3 or higher


                                 1221

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  on the College Board Advanced Placement Examination for the

 2  prior year and added to the total full-time equivalent student

 3  membership in basic programs for grades 9 through 12 in the

 4  subsequent fiscal year. Each district must allocate at least

 5  80 percent of the funds provided to the district for advanced

 6  placement instruction, in accordance with this paragraph, to

 7  the high school that generates the funds. The school district

 8  shall distribute to each classroom teacher who provided

 9  advanced placement instruction:

10         1.  A bonus in the amount of $50 for each student

11  taught by the Advanced Placement teacher in each advanced

12  placement course who receives a score of 3 or higher on the

13  College Board Advanced Placement Examination.

14         2.  An additional bonus of $500 to each Advanced

15  Placement teacher in a school designated performance grade

16  category "D" or "F" who has at least one student scoring 3 or

17  higher on the College Board Advanced Placement Examination,

18  regardless of the number of classes taught or of the number of

19  students scoring a 3 or higher on the College Board Advanced

20  Placement Examination.

21  

22  Bonuses awarded to a teacher according to this paragraph shall

23  not exceed $2,000 in any given school year and shall be in

24  addition to any regular wage or other bonus the teacher

25  received or is scheduled to receive.

26         (o)  Year-round-school programs.--The Commissioner of

27  Education is authorized to adjust student eligibility

28  definitions, funding criteria, and reporting requirements of

29  statutes and rules in order that year-round-school programs

30  may achieve equivalent application of funding requirements

31  with non-year-round-school programs.


                                 1222

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (p)  Extended-school-year program.--It is the intent of

 2  the Legislature that students be provided additional

 3  instruction by extending the school year to 210 days or more.

 4  Districts may apply to the Commissioner of Education for funds

 5  to be used in planning and implementing an

 6  extended-school-year program. The Department of Education

 7  shall recommend to the Legislature the policies necessary for

 8  full implementation of an extended school year.

 9         (q)  Determination of the basic amount for current

10  operation.--The basic amount for current operation to be

11  included in the Florida Education Finance Program for

12  kindergarten through grade 12 for each district shall be the

13  product of the following:

14         1.  The full-time equivalent student membership in each

15  program, multiplied by

16         2.  The cost factor for each program, adjusted for the

17  maximum as provided by paragraph (c), multiplied by

18         3.  The base student allocation.

19         (r)  Computation for funding through the Florida

20  Education Finance Program.--The State Board of Education may

21  adopt rules establishing programs and courses for which the

22  student may earn credit toward high school graduation.

23         (2)  DETERMINATION OF DISTRICT COST DIFFERENTIALS.--The

24  Commissioner of Education shall annually compute for each

25  district the current year's district cost differential. The

26  district cost differential shall be calculated by adding each

27  district's price level index as published in the Florida Price

28  Level Index for the most recent 3 years and dividing the

29  resulting sum by 3. The result for each district shall be

30  multiplied by 0.008 and to the resulting product shall be

31  


                                 1223

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  added 0.200; the sum thus obtained shall be the cost

 2  differential for that district for that year.

 3         (3)  INSERVICE EDUCATIONAL PERSONNEL TRAINING

 4  EXPENDITURE.--Of the amount computed in subsections (1) and

 5  (2), a percentage of the base student allocation per full-time

 6  equivalent student or other funds shall be expended for

 7  educational training programs as determined by the district

 8  school board as provided in s. 1012.98.

 9         (4)  COMPUTATION OF DISTRICT REQUIRED LOCAL

10  EFFORT.--The Legislature shall prescribe the aggregate

11  required local effort for all school districts collectively as

12  an item in the General Appropriations Act for each fiscal

13  year. The amount that each district shall provide annually

14  toward the cost of the Florida Education Finance Program for

15  kindergarten through grade 12 programs shall be calculated as

16  follows:

17         (a)  Estimated taxable value calculations.--

18         1.a.  Not later than 2 working days prior to July 19,

19  the Department of Revenue shall certify to the Commissioner of

20  Education its most recent estimate of the taxable value for

21  school purposes in each school district and the total for all

22  school districts in the state for the current calendar year

23  based on the latest available data obtained from the local

24  property appraisers. Not later than July 19, the Commissioner

25  of Education shall compute a millage rate, rounded to the next

26  highest one one-thousandth of a mill, which, when applied to

27  95 percent of the estimated state total taxable value for

28  school purposes, would generate the prescribed aggregate

29  required local effort for that year for all districts. The

30  Commissioner of Education shall certify to each district

31  school board the millage rate, computed as prescribed in this


                                 1224

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  subparagraph, as the minimum millage rate necessary to provide

 2  the district required local effort for that year.

 3         b.  The General Appropriations Act shall direct the

 4  computation of the statewide adjusted aggregate amount for

 5  required local effort for all school districts collectively

 6  from ad valorem taxes to ensure that no school district's

 7  revenue from required local effort millage will produce more

 8  than 90 percent of the district's total Florida Education

 9  Finance Program calculation, and the adjustment of the

10  required local effort millage rate of each district that

11  produces more than 90 percent of its total Florida Education

12  Finance Program entitlement to a level that will produce only

13  90 percent of its total Florida Education Finance Program

14  entitlement in the July calculation.

15         2.  As revised data are received from property

16  appraisers, the Department of Revenue shall amend the

17  certification of the estimate of the taxable value for school

18  purposes.  The Commissioner of Education, in administering the

19  provisions of subparagraph (9)(a)2., shall use the most recent

20  taxable value for the appropriate year.

21         (b)  Final calculation.--

22         1.  The Department of Revenue shall, upon receipt of

23  the official final assessed value of property from each of the

24  property appraisers, certify to the Commissioner of Education

25  the taxable value total for school purposes in each school

26  district, subject to the provisions of paragraph (d). The

27  commissioner shall use the official final taxable value for

28  school purposes for each school district in the final

29  calculation of the annual Florida Education Finance Program

30  allocations.

31  


                                 1225

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         2.  For the purposes of this paragraph, the official

 2  final taxable value for school purposes shall be the taxable

 3  value for school purposes on which the tax bills are computed

 4  and mailed to the taxpayers, adjusted to reflect final

 5  administrative actions of value adjustment boards and judicial

 6  decisions pursuant to part I of chapter 194. By September 1 of

 7  each year, the Department of Revenue shall certify to the

 8  commissioner the official prior year final taxable value for

 9  school purposes. For each county that has not submitted a

10  revised tax roll reflecting final value adjustment board

11  actions and final judicial decisions, the Department of

12  Revenue shall certify the most recent revision of the official

13  taxable value for school purposes. The certified value shall

14  be the final taxable value for school purposes, and no further

15  adjustments shall be made, except those made pursuant to

16  subparagraph (9)(a)2.

17         (c)  Equalization of required local effort.--

18         1.  The Department of Revenue shall include with its

19  certifications provided pursuant to paragraph (a) its most

20  recent determination of the assessment level of the prior

21  year's assessment roll for each county and for the state as a

22  whole.

23         2.  The Commissioner of Education shall adjust the

24  required local effort millage of each district for the current

25  year, computed pursuant to paragraph (a), as follows:

26         a.  The equalization factor for the prior year's

27  assessment roll of each district shall be multiplied by 95

28  percent of the taxable value for school purposes shown on that

29  roll and by the prior year's required local-effort millage,

30  exclusive of any equalization adjustment made pursuant to this

31  paragraph. The dollar amount so computed shall be the


                                 1226

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  additional required local effort for equalization for the

 2  current year.

 3         b.  Such equalization factor shall be computed as the

 4  quotient of the prior year's assessment level of the state as

 5  a whole divided by the prior year's assessment level of the

 6  county, from which quotient shall be subtracted 1.

 7         c.  The dollar amount of additional required local

 8  effort for equalization for each district shall be converted

 9  to a millage rate, based on 95 percent of the current year's

10  taxable value for that district, and added to the required

11  local effort millage determined pursuant to paragraph (a).

12         3.  Notwithstanding the limitations imposed pursuant to

13  s. 1011.71(1), the total required local-effort millage,

14  including additional required local effort for equalization,

15  shall be an amount not to exceed 10 minus the maximum millage

16  allowed as nonvoted discretionary millage, exclusive of

17  millage authorized pursuant to s. 1011.71(2). Nothing herein

18  shall be construed to allow a millage in excess of that

19  authorized in s. 9, Art. VII of the State Constitution.

20         4.  For the purposes of this chapter, the term

21  "assessment level" means the value-weighted mean assessment

22  ratio for the county or state as a whole, as determined

23  pursuant to s. 195.096, or as subsequently adjusted. In the

24  event a court has adjudicated that the department failed to

25  establish an accurate estimate of an assessment level of a

26  county and recomputation resulting in an accurate estimate

27  based upon the evidence before the court was not possible,

28  that county shall be presumed to have an assessment level

29  equal to that of the state as a whole.

30         5.  If, in the prior year, taxes were levied against an

31  interim assessment roll pursuant to s. 193.1145, the


                                 1227

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  assessment level and prior year's nonexempt assessed valuation

 2  used for the purposes of this paragraph shall be those of the

 3  interim assessment roll.

 4         (d)  Exclusion.--

 5         1.  In those instances in which:

 6         a.  There is litigation either attacking the authority

 7  of the property appraiser to include certain property on the

 8  tax assessment roll as taxable property or contesting the

 9  assessed value of certain property on the tax assessment roll,

10  and

11         b.  The assessed value of the property in contest

12  involves more than 6 percent of the total nonexempt assessment

13  roll, the plaintiff shall provide to the district school board

14  of the county in which the property is located and to the

15  Department of Education a certified copy of the petition and

16  receipt for the good faith payment at the time they are filed

17  with the court.

18         2.  For purposes of computing the required local effort

19  for each district affected by such petition, the Department of

20  Education shall exclude from the district's total nonexempt

21  assessment roll the assessed value of the property in contest

22  and shall add the amount of the good faith payment to the

23  district's required local effort.

24         (e)  Recomputation.--Following final adjudication of

25  any litigation on the basis of which an adjustment in taxable

26  value was made pursuant to paragraph (d), the department shall

27  recompute the required local effort for each district for each

28  year affected by such adjustments, utilizing taxable values

29  approved by the court, and shall adjust subsequent allocations

30  to such districts accordingly.

31         (5)  CATEGORICAL FUNDS.--


                                 1228

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (a)  In addition to the basic amount for current

 2  operations for the FEFP as determined in subsection (1) the

 3  Legislature may appropriate categorical funding for specified

 4  programs, activities, or purposes.

 5         (b)  For fiscal year 2002-2003, if a district school

 6  board finds and declares in a resolution adopted at a regular

 7  meeting of the school board that the funds received for any of

 8  the following categorical appropriations are urgently needed

 9  to maintain school board specified academic classroom

10  instruction, the school board may consider and approve an

11  amendment to the school district operating budget transferring

12  the identified amount of the categorical funds to the

13  appropriate account for expenditure:

14         1.  Funds for student transportation.

15         2.  Funds for in-service educational personnel

16  training.

17         3.  Funds for safe schools.

18         4.  Funds for public school technology.

19         5.  Funds for teacher recruitment and retention.

20         6.  Funds for supplemental academic instruction.

21         (c)  Each district school board shall include in its

22  annual financial report to the Department of Education the

23  amount of funds the school board transferred from each of the

24  categorical funds identified in this subsection and the

25  specific academic classroom instruction for which the

26  transferred funds were expended. The Department of Education

27  shall provide instructions and specify the format to be used

28  in submitting this required information as a part of the

29  district annual financial report.

30         (6)  DETERMINATION OF SPARSITY SUPPLEMENT.--

31  


                                 1229

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (a)  Annually, in an amount to be determined by the

 2  Legislature through the General Appropriations Act, there

 3  shall be added to the basic amount for current operation of

 4  the FEFP qualified districts a sparsity supplement which shall

 5  be computed as follows:

 6  

 7                             1101.8918    

 8      Sparsity Factor =   2700 + district   - 0.1101

 9                                 sparsity

10                                 index

11  

12  except that districts with a sparsity index of 1,000 or less

13  shall be computed as having a sparsity index of 1,000, and

14  districts having a sparsity index of 7,308 and above shall be

15  computed as having a sparsity factor of zero.  A qualified

16  district's full-time equivalent student membership shall equal

17  or be less than that prescribed annually by the Legislature in

18  the appropriations act.  The amount prescribed annually by the

19  Legislature shall be no less than 17,000, but no more than

20  24,000.

21         (b)  The district sparsity index shall be computed by

22  dividing the total number of full-time equivalent students in

23  all programs in the district by the number of senior high

24  school centers in the district, not in excess of three, which

25  centers are approved as permanent centers by a survey made by

26  the Department of Education.

27         (c)  Each district's allocation of sparsity supplement

28  funds shall be adjusted in the following manner:

29         1.  A maximum discretionary levy per FTE value for each

30  district shall be calculated by dividing the value of each

31  


                                 1230

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  district's maximum discretionary levy by its FTE student

 2  count;

 3         2.  A state average discretionary levy value per FTE

 4  shall be calculated by dividing the total maximum

 5  discretionary levy value for all districts by the state total

 6  FTE student count;

 7         3.  For districts that have a levy value per FTE as

 8  calculated in subparagraph 1. higher than the state average

 9  calculated in subparagraph 2., a sparsity wealth adjustment

10  shall be calculated as the product of the difference between

11  the state average levy value per FTE calculated in

12  subparagraph 2. and the district's levy value per FTE

13  calculated in subparagraph 1. and the district's FTE student

14  count and -1;

15         4.  Each district's sparsity supplement allocation

16  shall be calculated by adding the amount calculated as

17  specified in paragraphs (a) and (b) and the wealth adjustment

18  amount calculated in this paragraph.

19         (7)  DECLINE IN FULL-TIME EQUIVALENT STUDENTS.--In

20  those districts where there is a decline between prior year

21  and current year unweighted FTE students, 50 percent of the

22  decline in the unweighted FTE students shall be multiplied by

23  the prior year calculated FEFP per unweighted FTE student and

24  shall be added to the allocation for that district. For this

25  purpose, the calculated FEFP shall be computed by multiplying

26  the weighted FTE students by the base student allocation and

27  then by the district cost differential. If a district

28  transfers a program to another institution not under the

29  authority of the district's school board, including a charter

30  technical career center, the decline is to be multiplied by a

31  factor of 0.15.


                                 1231

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (8)  QUALITY ASSURANCE GUARANTEE.--The Legislature may

 2  annually in the General Appropriations Act determine a

 3  percentage increase in funds per K-12 unweighted FTE as a

 4  minimum guarantee to each school district. The guarantee shall

 5  be calculated from prior year base funding per unweighted FTE

 6  student which shall include the adjusted FTE dollars as

 7  provided in subsection (9), quality guarantee funds, and

 8  actual nonvoted discretionary local effort from taxes. From

 9  the base funding per unweighted FTE, the increase shall be

10  calculated for the current year. The current year funds from

11  which the guarantee shall be determined shall include the

12  adjusted FTE dollars as provided in subsection (9) and

13  potential nonvoted discretionary local effort from taxes. A

14  comparison of current year funds per unweighted FTE to prior

15  year funds per unweighted FTE shall be computed. For those

16  school districts which have less than the legislatively

17  assigned percentage increase, funds shall be provided to

18  guarantee the assigned percentage increase in funds per

19  unweighted FTE student. Should appropriated funds be less than

20  the sum of this calculated amount for all districts, the

21  commissioner shall prorate each district's allocation. This

22  provision shall be implemented to the extent specifically

23  funded.

24         (9)  TOTAL ALLOCATION OF STATE FUNDS TO EACH DISTRICT

25  FOR CURRENT OPERATION.--The total annual state allocation to

26  each district for current operation for the FEFP shall be

27  distributed periodically in the manner prescribed in the

28  General Appropriations Act.

29         (a)  The basic amount for current operation for the

30  FEFP as determined in subsection (1), multiplied by the

31  district cost differential factor as determined in subsection


                                 1232

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  (2), plus the amounts provided for categorical components

 2  within the FEFP, plus the amount for the sparsity supplement

 3  as determined in subsection (6), the decline in full-time

 4  equivalent students as determined in subsection (7), and the

 5  quality assurance guarantee as determined in subsection (8),

 6  less the required local effort as determined in subsection

 7  (4). If the funds appropriated for the purpose of funding the

 8  total amount for current operation as provided in this

 9  paragraph are not sufficient to pay the state requirement in

10  full, the department shall prorate the available state funds

11  to each district in the following manner:

12         1.  Determine the percentage of proration by dividing

13  the sum of the total amount for current operation, as provided

14  in this paragraph for all districts collectively, and the

15  total district required local effort into the sum of the state

16  funds available for current operation and the total district

17  required local effort.

18         2.  Multiply the percentage so determined by the sum of

19  the total amount for current operation as provided in this

20  paragraph and the required local effort for each individual

21  district.

22         3.  From the product of such multiplication, subtract

23  the required local effort of each district; and the remainder

24  shall be the amount of state funds allocated to the district

25  for current operation.

26         (b)  The amount thus obtained shall be the net annual

27  allocation to each school district. However, if it is

28  determined that any school district received an

29  underallocation or overallocation for any prior year because

30  of an arithmetical error, assessment roll change, full-time

31  equivalent student membership error, or any allocation error


                                 1233

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  revealed in an audit report, the allocation to that district

 2  shall be appropriately adjusted. If the Department of

 3  Education audit adjustment recommendation is based upon

 4  controverted findings of fact, the Commissioner of Education

 5  is authorized to establish the amount of the adjustment based

 6  on the best interests of the state.

 7         (c)  The amount thus obtained shall represent the net

 8  annual state allocation to each district; however,

 9  notwithstanding any of the provisions herein, each district

10  shall be guaranteed a minimum level of funding in the amount

11  and manner prescribed in the General Appropriations Act.

12         Section 656.  Section 1011.64, Florida Statutes, is

13  created to read:

14         1011.64  School district minimum classroom expenditure

15  requirements.--

16         (1)  The Legislature may require any school district

17  that fails to meet minimum academic performance standards to

18  increase emphasis on classroom instruction activities from

19  operating funds, including, but not limited to, those provided

20  for the operation of schools pursuant to s. 1011.62.

21         (2)  For the purpose of implementing the provisions of

22  this section, the Legislature shall prescribe minimum academic

23  performance standards and minimum classroom expenditure

24  requirements for districts not meeting such minimum academic

25  performance standards in the General Appropriations Act.

26         (a)  Minimum academic performance standards may be

27  based on, but are not limited to, district performance grades

28  determined pursuant to s. 1008.34(8).

29         (b)  School district minimum classroom expenditure

30  requirements shall be calculated pursuant to subsection (3).

31  


                                 1234

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (3)(a)  Annually the Department of Education shall

 2  calculate for each school district:

 3         1.  Total K-12 operating expenditures, which are

 4  defined as the amount of total general fund expenditures for

 5  K-12 programs as reported in accordance with the accounts and

 6  codes prescribed in the most recent issuance of the Department

 7  of Education publication entitled "Financial and Program Cost

 8  Accounting and Reporting for Florida Schools" and as included

 9  in the most recent annual financial report submitted to the

10  Commissioner of Education, less the student transportation

11  revenue allocation from the state appropriation for that

12  purpose, amounts transferred to other funds, and increases to

13  the amount of the general fund unreserved ending fund balance

14  when the total unreserved ending fund balance is in excess of

15  5 percent of the total general fund revenues.

16         2.  Expenditures for classroom instruction, which shall

17  be the sum of the general fund expenditures for K-12

18  instruction and instructional staff training.

19         (b)  The department shall annually calculate for each

20  district, and for the entire state, the percentage of

21  classroom expenditures to total operating expenditures as

22  calculated pursuant to subparagraphs (a)1. and 2.

23         (4)  In order for the Department of Education to

24  monitor the implementation of this section, each school

25  district which is required to increase emphasis on classroom

26  activities from operating funds pursuant to subsection (1)

27  shall submit to the department the following two reports in a

28  format determined by the department:

29         (a)  An initial report, which shall include the

30  proposed budget actions identified for increased classroom

31  expenditures, a description of how such actions are designed


                                 1235

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  to improve student achievement, and a copy of the published

 2  statement required by s. 1011.03(3). This report shall be

 3  submitted within 30 days after final budget approval as

 4  provided in s. 200.065.

 5         (b)  A final report, prepared at the end of each fiscal

 6  year, which shall include, but is not limited to, information

 7  that clearly indicates the degree of each district's

 8  compliance or noncompliance with the requirements of this

 9  section. If not fully compliant, the district shall include a

10  statement which has been adopted at a public hearing and

11  signed by the district school superintendent and district

12  school board members, which explains why the requirements of

13  this section have not been met.

14         (c)  The department shall provide annual summaries of

15  these two reports to the Governor, the President of the

16  Senate, and the Speaker of the House of Representatives.

17         Section 657.  Section 1011.65, Florida Statutes, is

18  created to read:

19         1011.65  Florida Education Finance Program

20  Appropriation Allocation Conference.--Prior to the

21  distribution of any funds appropriated in the General

22  Appropriations Act for the K-12 Florida Education Finance

23  Program formula and for the formula-funded categorical

24  programs, the Commissioner of Education shall conduct an

25  allocation conference.  Conference principals shall include

26  representatives of the Department of Education, the Executive

27  Office of the Governor, and the Appropriations Committees of

28  the Senate and the House of Representatives. Conference

29  principals shall discuss and agree to all conventions,

30  including rounding conventions, and methods of computation to

31  be used to calculate Florida Education Finance Program and


                                 1236

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  categorical entitlements of the districts for the fiscal year

 2  for which the appropriations are made. These conventions and

 3  calculation methods shall remain in effect until further

 4  agreements are reached in subsequent allocation conferences

 5  called by the commissioner for that purpose. The commissioner

 6  shall also, prior to each recalculation of Florida Education

 7  Finance Program and categorical allocations of the districts,

 8  provide conference principals with all data necessary to

 9  replicate those allocations precisely. This data shall include

10  a matrix by district by program of all full-time equivalent

11  changes made by the department as part of its administration

12  of state full-time equivalent caps.

13         Section 658.  Section 1011.66, Florida Statutes, is

14  created to read:

15         1011.66  Distribution of funds in first quarter.--Upon

16  the request of any school district whose net state FEFP

17  funding is less than 60 percent of its gross state and local

18  FEFP funding, the Department of Education shall distribute to

19  that school district in the first quarter of the fiscal year

20  an amount from the funds appropriated for the FEFP in the

21  General Appropriations Act up to a maximum of 15 percent of

22  that school district's gross state and local FEFP funding or

23  that school district's net state FEFP funding, whichever is

24  less.

25         Section 659.  Section 1011.67, Florida Statutes, is

26  created to read:

27         1011.67  Funds for instructional materials.--The

28  department is authorized to allocate and distribute to each

29  district an amount as prescribed annually by the Legislature

30  for instructional materials for student membership in basic

31  and special programs in grades K-12, which will provide for


                                 1237

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  growth and maintenance needs. For purposes of this section,

 2  unweighted full-time equivalent students enrolled in the lab

 3  schools in state universities are to be included as school

 4  district students and reported as such to the department. The

 5  annual allocation shall be determined as follows:

 6         (1)  The growth allocation for each school district

 7  shall be calculated as follows:

 8         (a)  Subtract from that district's projected full-time

 9  equivalent membership of students in basic and special

10  programs in grades K-12 used in determining the initial

11  allocation of the Florida Education Finance Program, the prior

12  year's full-time equivalent membership of students in basic

13  and special programs in grades K-12 for that district.

14         (b)  Multiply any such increase in full-time equivalent

15  student membership by the allocation for a set of

16  instructional materials, as determined by the department, or

17  as provided for in the General Appropriations Act.

18         (c)  The amount thus determined shall be that

19  district's initial allocation for growth for the school year.

20  However, the department shall recompute and adjust the initial

21  allocation based on actual full-time equivalent student

22  membership data for that year.

23         (2)  The maintenance of the instructional materials

24  allocation for each school district shall be calculated by

25  multiplying each district's prior year full-time equivalent

26  membership of students in basic and special programs in grades

27  K-12 by the allocation for maintenance of a set of

28  instructional materials as provided for in the General

29  Appropriations Act. The amount thus determined shall be that

30  district's initial allocation for maintenance for the school

31  year; however, the department shall recompute and adjust the


                                 1238

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  initial allocation based on such actual full-time equivalent

 2  student membership data for that year.

 3         (3)  In the event the funds appropriated are not

 4  sufficient for the purpose of implementing this section in

 5  full, the department shall prorate the funds available for

 6  instructional materials after first funding in full each

 7  district's growth allocation.

 8         Section 660.  Section 1011.68, Florida Statutes, is

 9  created to read:

10         1011.68  Funds for student transportation.--The annual

11  allocation to each district for transportation to public

12  school programs, including charter schools as provided in s.

13  1002.33(18)(b), of students in membership in kindergarten

14  through grade 12 and in migrant and exceptional student

15  programs below kindergarten shall be determined as follows:

16         (1)  Subject to the rules of the State Board of

17  Education, each district shall determine the membership of

18  students who are transported:

19         (a)  By reason of living 2 miles or more from school.

20         (b)  By reason of being students with disabilities or

21  enrolled in a teenage parent program, regardless of distance

22  to school.

23         (c)  By reason of being in a state prekindergarten

24  program, regardless of distance from school.

25         (d)  By reason of being career and technical, dual

26  enrollment, or students with disabilities transported from one

27  school center to another to participate in an instructional

28  program or service; or students with disabilities, transported

29  from one designation to another in the state, provided one

30  designation is a school center and provided the student's

31  individual educational plan (IEP) identifies the need for the


                                 1239

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  instructional program or service and transportation to be

 2  provided by the school district. A "school center" is defined

 3  as a public school center, community college, state

 4  university, or other facility rented, leased, or owned and

 5  operated by the school district or another public agency. A

 6  "dual enrollment student" is defined as a public school

 7  student in membership in both a public secondary school

 8  program and a community college or a state university program

 9  under a written agreement to partially fulfill ss. 1003.435

10  and 1007.23 and earning full-time equivalent membership under

11  s. 1011.62(1)(i).

12         (e)  With respect to elementary school students whose

13  grade level does not exceed grade 6, by reason of being

14  subjected to hazardous walking conditions en route to or from

15  school as provided in s. 1006.23. Such rules shall, when

16  appropriate, provide for the determination of membership under

17  this paragraph for less than 1 year to accommodate the needs

18  of students who require transportation only until such

19  hazardous conditions are corrected.

20         (f)  By reason of being a pregnant student or student

21  parent, and the child of a student parent as provided in s.

22  1003.54, regardless of distance from school.

23         (2)  The allocation for each district shall be

24  calculated annually in accordance with the following formula:

25  

26  T = B + EX.  The elements of this formula are defined as

27  follows:  T is the total dollar allocation for transportation.

28  B is the base transportation dollar allocation prorated by an

29  adjusted student membership count.  The adjusted membership

30  count shall be derived from a multiplicative index function in

31  which the base student membership is adjusted by multiplying


                                 1240

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  it by index numbers that individually account for the impact

 2  of the price level index, average bus occupancy, and the

 3  extent of rural population in the district.  EX is the base

 4  transportation dollar allocation for disabled students

 5  prorated by an adjusted disabled student membership count.

 6  The base transportation dollar allocation for disabled

 7  students is the total state base disabled student membership

 8  count weighted for increased costs associated with

 9  transporting disabled students and multiplying it by the prior

10  year's average per student cost for transportation. The

11  adjusted disabled student membership count shall be derived

12  from a multiplicative index function in which the weighted

13  base disabled student membership is adjusted by multiplying it

14  by index numbers that individually account for the impact of

15  the price level index, average bus occupancy, and the extent

16  of rural population in the district. Each adjustment factor

17  shall be designed to affect the base allocation by no more or

18  less than 10 percent.

19         (3)  The total allocation to each district for

20  transportation of students shall be the sum of the amounts

21  determined in subsection (2). If the funds appropriated for

22  the purpose of implementing this section are not sufficient to

23  pay the base transportation allocation and the base

24  transportation allocation for disabled students, the

25  Department of Education shall prorate the available funds on a

26  percentage basis.  If the funds appropriated for the purpose

27  of implementing this section exceed the sum of the base

28  transportation allocation and the base transportation

29  allocation for disabled students, the base transportation

30  allocation for disabled students shall be limited to the

31  


                                 1241

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  amount calculated in subsection (2), and the remaining balance

 2  shall be added to the base transportation allocation.

 3         (4)  No district shall use funds to purchase

 4  transportation equipment and supplies at prices which exceed

 5  those determined by the department to be the lowest which can

 6  be obtained, as prescribed in s. 1006.27(1).

 7         (5)  Funds allocated or apportioned for the payment of

 8  student transportation services may be used to pay for

 9  transportation of students to and from school on local general

10  purpose transportation systems. Student transportation funds

11  may also be used to pay for transportation of students to and

12  from school in private passenger cars and boats when the

13  transportation is for isolated students, or students with

14  disabilities as defined by rule. Subject to the rules of the

15  State Board of Education, each school district shall determine

16  and report the number of assigned students using general

17  purpose transportation private passenger cars and boats. The

18  allocation per student must be equal to the allocation per

19  student riding a school bus.

20         (6)  Notwithstanding other provisions of this section,

21  in no case shall any student or students be counted for

22  transportation funding more than once per day. This provision

23  includes counting students for funding pursuant to trips in

24  school buses, passenger cars, or boats or general purpose

25  transportation.

26         (7)  Any funds received by a school district under this

27  section that are not required to transport students may, at

28  the discretion of the district school board, be transferred to

29  the district's Florida Education Finance Program.

30         Section 661.  Section 1011.69, Florida Statutes, is

31  created to read:


                                 1242

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         1011.69  Equity in School-Level Funding Act.--

 2         (1)  This section may be cited as the "Equity in

 3  School-Level Funding Act."

 4         (2)(a)  Beginning in the 2000-2001 fiscal year,

 5  district school boards shall allocate to each school within

 6  the district at least 50 percent of the funds generated by

 7  that school based upon the Florida Education Finance Program

 8  as provided in s. 1011.62 and the General Appropriations Act,

 9  including gross state and local funds, discretionary lottery

10  funds, and funds from the school district's current operating

11  discretionary millage levy.

12         (b)  Beginning in the 2001-2002 fiscal year, district

13  school boards shall allocate to each school within the

14  district at least 65 percent of the funds generated by that

15  school based upon the Florida Education Finance Program as

16  provided in s. 1011.62 and the General Appropriations Act,

17  including gross state and local funds, discretionary lottery

18  funds, and funds from the school district's current operating

19  discretionary millage levy.

20         (c)  Beginning in the 2002-2003 fiscal year, district

21  school boards shall allocate to each school within the

22  district at least 80 percent of the funds generated by that

23  school based upon the Florida Education Finance Program as

24  provided in s. 1011.62 and the General Appropriations Act,

25  including gross state and local funds, discretionary lottery

26  funds, and funds from the school district's current operating

27  discretionary millage levy.

28         (d)  Beginning in the 2003-2004 fiscal year, district

29  school boards shall allocate to each school within the

30  district at least 90 percent of the funds generated by that

31  school based upon the Florida Education Finance Program as


                                 1243

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  provided in s. 1011.62 and the General Appropriations Act,

 2  including gross state and local funds, discretionary lottery

 3  funds, and funds from the school district's current operating

 4  discretionary millage levy.

 5  

 6  Total funding for each school shall be recalculated during the

 7  year to reflect the revised calculations under the Florida

 8  Education Finance Program by the state and the actual weighted

 9  full-time equivalent students reported by the school during

10  the full-time equivalent student survey periods designated by

11  the Commissioner of Education. If the district school board is

12  providing programs or services to students funded by federal

13  funds, any eligible students enrolled in the schools in the

14  district shall be provided federal funds. Only those districts

15  that initially applied for charter school district status,

16  pursuant to s. 1003.62, and have been approved by the State

17  Board of Education are exempt from the provisions of this

18  section.

19         (3)  Funds allocated to a school pursuant to this

20  section that are unused at the end of the fiscal year shall

21  not revert to the district, but shall remain with the school.

22  These carryforward funds may be used for any purpose provided

23  by law at the discretion of the principal of the school.

24         (4)  Recommendations made by the Governor's Equity in

25  Educational Opportunity Task Force shall be reviewed to

26  identify potential categorical funds to be included in the

27  district allocation methodology required in subsection (2).

28         (5)  Funds appropriated in the General Appropriations

29  Act for supplemental academic instruction to be used for the

30  purposes described in s. 1011.62(1)(f) are excluded from the

31  school-level allocation under this section.


                                 1244

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 662.  Section 1011.70, Florida Statutes, is

 2  created to read:

 3         1011.70  Medicaid certified school funding

 4  maximization.--

 5         (1)  Each school district, subject to the provisions of

 6  ss. 409.9071 and 409.908(21) and this section, is authorized

 7  to certify funds provided for a category of required Medicaid

 8  services termed "school-based services," which are

 9  reimbursable under the federal Medicaid program. Such services

10  shall include, but not be limited to, physical, occupational,

11  and speech therapy services, behavioral health services,

12  mental health services, transportation services, Early

13  Periodic Screening, Diagnosis, and Treatment (EPSDT)

14  administrative outreach for the purpose of determining

15  eligibility for exceptional student education, and any other

16  such services, for the purpose of receiving federal Medicaid

17  financial participation. Certified school funding shall not be

18  available for the following services:

19         (a)  Family planning.

20         (b)  Immunizations.

21         (c)  Prenatal care.

22         (2)  The Department of Education shall monitor

23  compliance of each participating school district with the

24  Medicaid provider agreements. In addition, the department

25  shall develop standardized recordkeeping procedures for the

26  school districts that meet Medicaid requirements for audit

27  purposes.

28         (3)  Each school district's continued participation in

29  certifying funds to be reimbursed for Medicaid expenditures is

30  contingent upon the district providing to the department an

31  


                                 1245

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  annual accounting of how the federal Medicaid reimbursements

 2  are utilized.

 3         (4)  Funds generated pursuant to this section may be

 4  used for autism therapy services allowed by federal law.

 5         (5)  Developmental research schools, as authorized

 6  under s. 1002.32, shall be authorized to participate in the

 7  Medicaid certified school match program subject to the

 8  provisions of subsections (1)-(4) and ss. 409.9071 and

 9  409.908(21).

10         Section 663.  Section 1011.71, Florida Statutes, is

11  created to read:

12         1011.71  District school tax.--

13         (1)  If the district school tax is not provided in the

14  General Appropriations Act or the substantive bill

15  implementing the General Appropriations Act, each district

16  school board desiring to participate in the state allocation

17  of funds for current operation as prescribed by s. 1011.62(9)

18  shall levy on the taxable value for school purposes of the

19  district, exclusive of millage voted under the provisions of

20  s. 9(b) or s. 12, Art. VII of the State Constitution, a

21  millage rate not to exceed the amount certified by the

22  commissioner as the minimum millage rate necessary to provide

23  the district required local effort for the current year,

24  pursuant to s. 1011.62(4)(a)1. In addition to the required

25  local effort millage levy, each district school board may levy

26  a nonvoted current operating discretionary millage. The

27  Legislature shall prescribe annually in the appropriations act

28  the maximum amount of millage a district may levy. The millage

29  rate prescribed shall exceed zero mills but shall not exceed

30  the lesser of 1.6 mills or 25 percent of the millage which is

31  


                                 1246

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  required pursuant to s. 1011.62(4), exclusive of millage

 2  levied pursuant to subsection (2).

 3         (2)  In addition to the maximum millage levy as

 4  provided in subsection (1), each school board may levy not

 5  more than 2 mills against the taxable value for school

 6  purposes to fund:

 7         (a)  New construction and remodeling projects, as set

 8  forth in s. 1013.64(3)(b) and (6)(b) and included in the

 9  district's educational plant survey pursuant to s. 1013.31,

10  without regard to prioritization, sites and site improvement

11  or expansion to new sites, existing sites, auxiliary

12  facilities, athletic facilities, or ancillary facilities.

13         (b)  Maintenance, renovation, and repair of existing

14  school plants or of leased facilities to correct deficiencies

15  pursuant to s. 1013.15(2).

16         (c)  The purchase, lease-purchase, or lease of school

17  buses; drivers' education vehicles; motor vehicles used for

18  the maintenance or operation of plants and equipment; security

19  vehicles; or vehicles used in storing or distributing

20  materials and equipment.

21         (d)  The purchase, lease-purchase, or lease of new and

22  replacement equipment.

23         (e)  Payments for educational facilities and sites due

24  under a lease-purchase agreement entered into by a district

25  school board pursuant to s. 1003.02(1)(f) or s. 1013.15(2),

26  not exceeding, in the aggregate, an amount equal to

27  three-fourths of the proceeds from the millage levied by a

28  district school board pursuant to this subsection.

29         (f)  Payment of loans approved pursuant to ss. 1011.14

30  and 1011.15.

31  


                                 1247

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (g)  Payment of costs directly related to complying

 2  with state and federal environmental statutes, rules, and

 3  regulations governing school facilities.

 4         (h)  Payment of costs of leasing relocatable

 5  educational facilities, of renting or leasing educational

 6  facilities and sites pursuant to s. 1013.15(2), or of renting

 7  or leasing buildings or space within existing buildings

 8  pursuant to s. 1013.15(4).

 9  

10  Violations of these expenditure provisions shall result in an

11  equal dollar reduction in the Florida Education Finance

12  Program (FEFP) funds for the violating district in the fiscal

13  year following the audit citation.

14         (3)  These taxes shall be certified, assessed, and

15  collected as prescribed in s. 1011.04 and shall be expended as

16  provided by law.

17         (4)  Nothing in s. 1011.62(4)(a)1. shall in any way be

18  construed to increase the maximum school millage levies as

19  provided for in subsection (1).

20         (5)(a)  It is the intent of the Legislature that, by

21  July 1, 2003, revenue generated by the millage levy authorized

22  by subsection (2) should be used only for the costs of

23  construction, renovation, remodeling, maintenance, and repair

24  of the educational plant; for the purchase, lease, or

25  lease-purchase of equipment, educational plants, and

26  construction materials directly related to the delivery of

27  student instruction; for the rental or lease of existing

28  buildings, or space within existing buildings, originally

29  constructed or used for purposes other than education, for

30  conversion to use as educational facilities; for the opening

31  day collection for the library media center of a new school;


                                 1248

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  for the purchase, lease-purchase, or lease of school buses;

 2  and for servicing of payments related to certificates of

 3  participation issued for any purpose prior to the effective

 4  date of this act. Costs associated with the lease-purchase of

 5  equipment, educational plants, and school buses may include

 6  the issuance of certificates of participation on or after the

 7  effective date of this act and the servicing of payments

 8  related to certificates so issued. For purposes of this

 9  section, "maintenance and repair" is defined in s. 1013.01.

10         (b)  For purposes not delineated in paragraph (a) for

11  which proceeds received from millage levied under subsection

12  (2) may be legally expended, a district school board may spend

13  no more than the following percentages of the amount the

14  district spent for these purposes in fiscal year 1995-1996:

15         1.  In fiscal year 2000-2001, 40 percent.

16         2.  In fiscal year 2001-2002, 25 percent.

17         3.  In fiscal year 2002-2003, 10 percent.

18         (c)  Beginning July 1, 2003, revenue generated by the

19  millage levy authorized by subsection (2) must be used only

20  for the purposes delineated in paragraph (a).

21         (d)  Notwithstanding any other provision of this

22  subsection, if through its adopted facilities work program a

23  district has clearly identified the need for an ancillary

24  plant, has provided opportunity for public input as to the

25  relative value of the ancillary plant versus an educational

26  plant, and has obtained public approval, the district may use

27  revenue generated by the millage levy authorized by subsection

28  (2) for the construction, renovation, remodeling, maintenance,

29  or repair of an ancillary plant.

30  

31  


                                 1249

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  A district that violates these expenditure restrictions shall

 2  have an equal dollar reduction in funds appropriated to the

 3  district under s. 1011.62 in the fiscal year following the

 4  audit citation. The expenditure restrictions do not apply to

 5  any school district that certifies to the Commissioner of

 6  Education that all of the district's instructional space needs

 7  for the next 5 years can be met from capital outlay sources

 8  that the district reasonably expects to receive during the

 9  next 5 years or from alternative scheduling or construction,

10  leasing, rezoning, or technological methodologies that exhibit

11  sound management.

12         (6)  In addition to the maximum millage levied under

13  this section and the General Appropriations Act, a school

14  district may levy, by local referendum or in a general

15  election, additional millage for school operational purposes

16  up to an amount that, when combined with nonvoted millage

17  levied under this section, does not exceed the 10-mill limit

18  established in s. 9(b), Art. VII of the State Constitution.

19  Any such levy shall be for a maximum of 4 years and shall be

20  counted as part of the 10-mill limit established in s. 9(b),

21  Art. VII of the State Constitution. Millage elections

22  conducted under the authority granted pursuant to this section

23  are subject to s. 1011.73. Funds generated by such additional

24  millage do not become a part of the calculation of the Florida

25  Education Finance Program total potential funds in 2001-2002

26  or any subsequent year and must not be incorporated in the

27  calculation of any hold-harmless or other component of the

28  Florida Education Finance Program formula in any year. If an

29  increase in required local effort, when added to existing

30  millage levied under the 10-mill limit, would result in a

31  combined millage in excess of the 10-mill limit, any millage


                                 1250

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  levied pursuant to this subsection shall be considered to be

 2  required local effort to the extent that the district millage

 3  would otherwise exceed the 10-mill limit.

 4         Section 664.  Section 1011.715, Florida Statutes, is

 5  created to read:

 6         1011.715  Resolution regarding school capital outlay

 7  surcharge.--The resolution of a district school board

 8  providing for the imposition of the school capital outlay

 9  surtax authorized in s. 212.055(6) may include a covenant by

10  the district school board to decrease the capital local school

11  property tax levied pursuant to s. 1011.71(2) and to maintain

12  that tax at the reduced millage as long as the surtax is in

13  effect.  The resolution may also provide that the surtax shall

14  sunset on December 31 of any year in which the district school

15  board levies the capital property tax under s. 1011.71(2) at a

16  millage rate in excess of the reduced millage rate promised in

17  the resolution.  Finally, if the surtax revenues are pledged

18  to service bonded indebtedness, the district school board may

19  covenant not to levy the capital property tax under s.

20  1011.71(2) at a millage rate in excess of the reduced millage

21  rate promised in the resolution.

22         Section 665.  Section 1011.72, Florida Statutes, is

23  created to read:

24         1011.72  Levy based on interim assessment roll;

25  reimbursement to state for additional taxes collected upon

26  reconciliation of roll.--In any year in which the base student

27  allocation has been guaranteed to school districts through the

28  use of state funds, a school district which levied taxes based

29  on an interim assessment roll shall be required to reimburse

30  the state in an amount equal to the additional taxes collected

31  upon reconciliation of that roll. Beginning with the


                                 1251

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  distribution following the delinquency date of the

 2  supplemental bills, the state shall withhold all funds

 3  otherwise available to that school district from the

 4  appropriation to the Florida Education Finance Program until

 5  such time as the state is completely reimbursed.

 6         Section 666.  Section 1011.73, Florida Statutes, is

 7  created to read:

 8         1011.73  District millage elections.--

 9         (1)  MILLAGE AUTHORIZED NOT TO EXCEED TWO YEARS.--The

10  district school board, pursuant to resolution adopted at a

11  regular meeting, shall direct the county commissioners to call

12  an election at which the electors within the school districts

13  may approve an ad valorem tax millage as authorized in s. 9,

14  Art. VII of the State Constitution. Such election may be held

15  at any time, except that not more than one such election shall

16  be held during any 12-month period. Any millage so authorized

17  shall be levied for a period not in excess of 2 years or until

18  changed by another millage election, whichever is the earlier.

19  In the event any such election is invalidated by a court of

20  competent jurisdiction, such invalidated election shall be

21  considered not to have been held.

22         (2)  MILLAGE AUTHORIZED NOT TO EXCEED FOUR YEARS.--The

23  district school board, pursuant to resolution adopted at a

24  regular meeting, shall direct the county commissioners to call

25  an election at which the electors within the school district

26  may approve an ad valorem tax millage as authorized under s.

27  1011.71(6). Such election may be held at any time, except that

28  not more than one such election shall be held during any

29  12-month period. Any millage so authorized shall be levied for

30  a period not in excess of 4 years or until changed by another

31  millage election, whichever is earlier. If any such election


                                 1252

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  is invalidated by a court of competent jurisdiction, such

 2  invalidated election shall be considered not to have been

 3  held.

 4         (3)  HOLDING ELECTIONS.--All school district millage

 5  elections shall be held and conducted in the manner prescribed

 6  by law for holding general elections, except as provided in

 7  this chapter.

 8         (4)  FORM OF BALLOT.--

 9         (a)  The district school board may propose a single

10  millage or two millages, with one for operating expenses and

11  another for a local capital improvement reserve fund. When two

12  millage figures are proposed, each millage must be voted on

13  separately.

14         (b)  The district school board shall provide the

15  wording of the substance of the measure and the ballot title

16  in the resolution calling for the election. The wording of the

17  ballot must conform to the provisions of s. 101.161.

18         (5)  QUALIFICATION OF ELECTORS.--All qualified electors

19  of the school district are entitled to vote in the election to

20  set the school tax district millage levy.

21         (6)  RESULTS OF ELECTION.--When the district school

22  board proposes one tax levy for operating expenses and another

23  for the local capital improvement reserve fund, the results

24  shall be considered separately. The tax levy shall be levied

25  only in case a majority of the electors participating in the

26  election vote in favor of the proposed special millage.

27         (7)  EXPENSES OF ELECTION.--The cost of the publication

28  of the notice of the election and all expenses of the election

29  in the school district shall be paid by the district school

30  board.

31  


                                 1253

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 667.  Section 1011.74, Florida Statutes, is

 2  created to read:

 3         1011.74  Source and use of district capital improvement

 4  fund.--The district capital improvement fund shall consist of

 5  funds derived from the sale of school district bonds

 6  authorized in s. 17, Art. XII of the State Constitution of

 7  1885 as amended, together with any other funds directed to be

 8  placed therein by rules of the State Board of Education, and

 9  other similar funds which are to be used for capital outlay

10  purposes within the district.

11         Section 668.  Section 1011.75, Florida Statutes, is

12  created to read:

13         1011.75  Gifted education exemplary program grants.--

14         (1)  This section shall be known and may be cited as

15  the "Challenge Grant Program for the Gifted."

16         (2)  There is hereby created a grant program for

17  education for the gifted which shall be administered by the

18  Commissioner of Education in cooperation and consultation with

19  appropriate organizations and associations concerned with

20  education for the gifted and pursuant to rules adopted by the

21  State Board of Education. The program may be implemented in

22  any public school.

23         (3)  Pursuant to policies and rules to be adopted by

24  the State Board of Education, each district school board, two

25  or more district school boards in cooperation, or a public

26  school principal through the district school board may submit

27  to the commissioner a proposed program designed to effectuate

28  an exemplary program for education for the gifted in a school,

29  district, or group of districts. Consideration for funding

30  shall be given to proposed programs of district school boards

31  that are developed with the cooperation of a community college


                                 1254

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  or public or private college or university for the purpose of

 2  providing advanced accelerated instruction for public school

 3  students pursuant to s. 1003.435. In order to be approved, a

 4  program proposal must include:

 5         (a)  Clearly stated goals and objectives expressed, to

 6  the maximum extent possible, in measurable terms.

 7         (b)  Information concerning the number of students,

 8  teachers, and other personnel to be involved in the program.

 9         (c)  The estimated cost of the program and the number

10  of years for which it is to be funded.

11         (d)  Provisions for evaluation of the program and for

12  its integration into the general curriculum and financial

13  program of the school district or districts at the end of the

14  funded period.

15         (e)  Such other information and provisions as the

16  commissioner requires.

17         (4)  The commissioner shall review and approve,

18  disapprove, or resubmit for modification all proposed programs

19  for education for the gifted submitted. For those programs

20  approved, the commissioner shall authorize distribution of

21  funds equal to the cost of the program from funds appropriated

22  to the Department of Education for exemplary program grants

23  for education for the gifted as provided for by this section.

24  These funds shall be in addition to any funds for education

25  for the gifted provided pursuant to s. 1011.62.

26         Section 669.  Section 1011.76, Florida Statutes, is

27  created to read:

28         1011.76  Small School District Stabilization Program.--

29         (1)  There is created the Small School District

30  Stabilization Program to assist school districts in rural

31  communities that document economic conditions or other


                                 1255

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  significant community influences that negatively impact the

 2  school district. The purpose of the program is to provide

 3  technical assistance and financial support to maintain the

 4  stability of the educational program in the school district. A

 5  rural community means a county with a population of 75,000 or

 6  less; or a county with a population of 100,000 or less that is

 7  contiguous to a county with a population of 75,000 or less.

 8         (2)  In order to participate in this program, a school

 9  district must be located in a rural area of critical economic

10  concern designated by the Executive Office of the Governor,

11  and the district school board must submit a resolution to the

12  Office of Tourism, Trade, and Economic Development requesting

13  participation in the program. A rural area of critical

14  economic concern must be a rural community, or a region

15  composed of such, that has been adversely affected by an

16  extraordinary economic event or a natural disaster or that

17  presents a unique economic development concern or opportunity

18  of regional impact. The resolution must be accompanied with

19  documentation of the economic conditions in the community,

20  provide information indicating the negative impact of these

21  conditions on the school district's financial stability, and

22  the school district must participate in a best financial

23  management practices review to determine potential

24  efficiencies that could be implemented to reduce program costs

25  in the district.

26         (3)  The Office of Tourism, Trade, and Economic

27  Development, in consultation with the Department of Education,

28  shall review the resolution and other information required by

29  subsection (2) and determine whether the school district is

30  eligible to participate in the program. Factors influencing

31  the office's determination may include, but are not limited


                                 1256

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  to, reductions in the county tax roll resulting from business

 2  closures or other causes, or a reduction in student enrollment

 3  due to business closures or impacts in the local economy.

 4         (4)  Effective July 1, 2000, and thereafter, when the

 5  Office of Tourism, Trade, and Economic Development authorizes

 6  a school district to participate in the program, the

 7  Legislature may give priority to that district for a best

 8  financial management practices review in the school district,

 9  subject to approval pursuant to s. 1008.35(7), to the extent

10  that funding is provided annually for such purpose in the

11  General Appropriations Act. The scope of the review shall be

12  as set forth in s. 1008.35.

13         (5)  Effective July 1, 2000, and thereafter, the

14  Department of Education may award the school district a

15  stabilization grant intended to protect the district from

16  continued financial reductions. The amount of the grant will

17  be determined by the Department of Education and may be

18  equivalent to the amount of the decline in revenues projected

19  for the next fiscal year. In addition, the Office of Tourism,

20  Trade, and Economic Development may implement a rural economic

21  development initiative to identify the economic factors that

22  are negatively impacting the community and may consult with

23  Enterprise Florida, Inc., in developing a plan to assist the

24  county with its economic transition. The grant will be

25  available to the school district for a period of up to 5 years

26  to the extent that funding is provided for such purpose in the

27  General Appropriations Act.

28         (6)  Based on the availability of funds, the Office of

29  Tourism, Trade, and Economic Development or the Department of

30  Education may enter into contracts or issue grants necessary

31  to implement the program.


                                 1257

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 670.  Section 1011.765, Florida Statutes, is

 2  created to read:

 3         1011.765  Florida Academic Improvement Trust Fund

 4  matching grants.--

 5         (1)  MATCHING GRANTS.--The Florida Academic Improvement

 6  Trust Fund shall be utilized to provide matching grants to the

 7  Florida School for the Deaf and the Blind Endowment Fund and

 8  to any public school district education foundation that meets

 9  the requirements of this section and is recognized by the

10  local school district as its designated K-12 education

11  foundation.

12         (a)  The State Board of Education shall adopt rules for

13  the administration, submission, documentation, evaluation, and

14  approval of requests for matching funds and for maintaining

15  accountability for matching funds.

16         (b)  Donations, state matching funds, or proceeds from

17  endowments established pursuant to this section shall be used

18  at the discretion of the public school district education

19  foundation or the Florida School for the Deaf and the Blind

20  for academic achievement within the school district or school,

21  and shall not be expended for the construction of facilities

22  or for the support of interscholastic athletics. No public

23  school district education foundation or the Florida School for

24  the Deaf and the Blind shall accept or purchase facilities for

25  which the state will be asked for operating funds unless the

26  Legislature has granted prior approval for such acquisition.

27         (2)  ALLOCATION OF THE TRUST FUND.--Funds appropriated

28  to the Florida Academic Improvement Trust Fund shall be

29  allocated by the Department of Education in the following

30  manner:

31  


                                 1258

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (a)  For every year in which there is a legislative

 2  appropriation to the trust fund, an equal amount of the annual

 3  appropriation, to be determined by dividing the total

 4  legislative appropriation by the number of local education

 5  foundations as well as the Florida School for the Deaf and the

 6  Blind, must be reserved for each public school district

 7  education foundation and the Florida School for the Deaf and

 8  the Blind Endowment Fund to provide each foundation and the

 9  Florida School for the Deaf and the Blind with an opportunity

10  to receive and match appropriated funds. Trust funds that

11  remain unmatched by contribution on April 1 of any year shall

12  be made available for matching by any public school district

13  education foundation and by the Florida School for the Deaf

14  and the Blind which shall have an opportunity to apply for

15  excess trust funds prior to the award of such funds.

16         (b)  Matching grants shall be proportionately allocated

17  from the trust fund on the basis of matching each $4 of state

18  funds with $6 of private funds. To be eligible for matching, a

19  minimum of $4,500 must be raised from private sources.

20         (c)  Funds sufficient to provide the match shall be

21  transferred from the state trust fund to the public school

22  education foundation or to the Florida School for the Deaf and

23  the Blind Endowment Fund upon notification that a

24  proportionate amount has been received and deposited by the

25  foundation or school into its own trust fund.

26         (d)  If the total of the amounts to be distributed in

27  any quarter pursuant to this subsection exceeds the amount of

28  funds remaining from specific appropriations made for the

29  implementation of this section, all grants shall be

30  proportionately reduced so that the total of matching grants

31  distributed does not exceed available appropriations.


                                 1259

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (3)  GRANT ADMINISTRATION.--

 2         (a)  Each public school district education foundation

 3  and the Florida School for the Deaf and the Blind

 4  participating in the Florida Academic Improvement Trust Fund

 5  shall separately account for all funds received pursuant to

 6  this section, and may establish its own academic improvement

 7  trust fund as a depository for the private contributions,

 8  state matching funds, and earnings on investments of such

 9  funds. State matching funds shall be transferred to the public

10  school district education foundation or to the Florida School

11  for the Deaf and the Blind Endowment Fund upon notification

12  that the foundation or school has received and deposited

13  private contributions that meet the criteria for matching as

14  provided in this section. The public school district education

15  foundations and the Florida School for the Deaf and the Blind

16  are responsible for the maintenance, investment, and

17  administration of their academic improvement trust funds.

18         (b)  The public school district education foundations

19  and the Florida School for the Deaf and the Blind shall be

20  responsible for soliciting and receiving contributions to be

21  deposited and matched with grants for academic achievement

22  within the school district or school.

23         (c)  Each public school district education foundation

24  and the Florida School for the Deaf and the Blind shall be

25  responsible for proper expenditure of the funds received

26  pursuant to this section.

27         Section 671.  Section 1011.77, Florida Statutes, is

28  created to read:

29         1011.77  Special laws and general laws of local

30  application prohibited.--

31  


                                 1260

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (1)  Pursuant to s. 11(a)(21), Art. III of the State

 2  Constitution, the Legislature hereby prohibits special laws

 3  and general laws of local application pertaining to:

 4         (a)  The assessment or collection of taxes for school

 5  purposes insofar as it may affect the distribution of state

 6  funds, including the determination of millages therefor, the

 7  extension of time therefor, relief of tax officers from due

 8  performance of their duties, and relief of their sureties from

 9  liability.

10         (b)  The Florida Education Finance Program as enacted

11  in 1973 or as subsequently amended.

12         (2)  The department shall determine whether any

13  district has received additional funds subsequent to June 30,

14  1973, as a result of any special law or general law of local

15  application described in subsection (1) and shall deduct an

16  amount equal to any such additional funds from allocations to

17  that district.

18         Section 672.  Part III of chapter 1011, Florida

19  Statutes, shall be entitled "Funding for Workforce Education"

20  and shall consist of ss. 1011.80-1011.801.

21         Section 673.  Section 1011.80, Florida Statutes, is

22  created to read:

23         1011.80  Funds for operation of adult technical

24  education programs.--

25         (1)  As used in this section, the terms "workforce

26  development education" and "workforce development program"

27  include:

28         (a)  Adult general education programs designed to

29  improve the employability skills of the state's workforce as

30  defined in s. 1004.02(5).

31  


                                 1261

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  Career and technical certificate programs, as

 2  defined in s. 1004.02(23).

 3         (c)  Applied technology diploma programs.

 4         (d)  Continuing workforce education courses.

 5         (e)  Degree technical education programs.

 6         (f)  Apprenticeship and preapprenticeship programs as

 7  defined in s. 446.021.

 8         (2)  Any workforce development education program may be

 9  conducted by a community college or a school district, except

10  that college credit in an associate in applied science or an

11  associate in science degree may be awarded only by a community

12  college. However, if an associate in applied science or an

13  associate in science degree program contains within it an

14  occupational completion point that confers a certificate or an

15  applied technology diploma, that portion of the program may be

16  conducted by a school district technical center. Any

17  instruction designed to articulate to a degree program is

18  subject to guidelines and standards adopted by the State Board

19  of Education pursuant to s. 1007.25.

20         (3)  If a program for disabled adults pursuant to s.

21  1004.93 is a workforce development program as defined in law,

22  it must be funded as provided in this section.

23         (4)  The Florida Workforce Development Education Fund

24  is created to provide performance-based funding for all

25  workforce development programs, whether the programs are

26  offered by a school district or a community college. Funding

27  for all workforce development education programs must be from

28  the Workforce Development Education Fund and must be based on

29  cost categories, performance output measures, and performance

30  outcome measures.

31  


                                 1262

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (a)  The cost categories must be calculated to identify

 2  high-cost programs, medium-cost programs, and low-cost

 3  programs. The cost analysis used to calculate and assign a

 4  program of study to a cost category must include at least both

 5  direct and indirect instructional costs, consumable supplies,

 6  equipment, and standard program length.

 7         (b)1.  The performance output measure for career and

 8  technical education programs of study is student completion of

 9  a career and technical program of study that leads to an

10  occupational completion point associated with a certificate;

11  an apprenticeship program; or a program that leads to an

12  applied technology diploma or an associate in applied science

13  or associate in science degree. Performance output measures

14  for registered apprenticeship programs shall be based on

15  program lengths that coincide with lengths established

16  pursuant to the requirements of chapter 446.

17         2.  The performance output measure for an adult general

18  education course of study is measurable improvement in student

19  skills. This measure shall include improvement in literacy

20  skills, grade level improvement as measured by an approved

21  test, or attainment of a State of Florida diploma or an adult

22  high school diploma.

23         (c)  The performance outcome measures for programs

24  funded through the Workforce Development Education Fund are

25  associated with placement and retention of students after

26  reaching a completion point or completing a program of study.

27  These measures include placement or retention in employment

28  that is related to the program of study; placement into or

29  retention in employment in an occupation on the Workforce

30  Estimating Conference list of high-wage, high-skill

31  occupations with sufficient openings, or other High Wage/High


                                 1263

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Skill Program occupations as determined by Workforce Florida,

 2  Inc.; and placement and retention of participants or former

 3  participants in the welfare transition program in employment.

 4  Continuing postsecondary education at a level that will

 5  further enhance employment is a performance outcome for adult

 6  general education programs. Placement and retention must be

 7  reported pursuant to ss. 1008.39 and 1008.43.

 8         (5)  State funding and student fees for workforce

 9  development instruction funded through the Workforce

10  Development Education Fund shall be established as follows:

11         (a)  For a continuing workforce education course, state

12  funding shall equal 50 percent of the cost of instruction,

13  with student fees, business support, quick-response training

14  funds, or other means making up the remaining 50 percent.

15         (b)  For all other workforce development education

16  funded through the Workforce Development Education Fund, state

17  funding shall equal 75 percent of the average cost of

18  instruction with the remaining 25 percent made up from student

19  fees. Fees for courses within a program shall not vary

20  according to the cost of the individual program, but instead

21  shall be based on a uniform fee calculated and set at the

22  state level, as adopted by the State Board of Education,

23  unless otherwise specified in the General Appropriations Act.

24         (c)  For fee-exempt students pursuant to s. 1009.25,

25  unless otherwise provided for in law, state funding shall

26  equal 100 percent of the average cost of instruction.

27         (6)(a)  A school district or a community college that

28  provides workforce development education funded through the

29  Workforce Development Education Fund shall receive funds in

30  accordance with distributions for base and performance funding

31  


                                 1264

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  established by the Legislature in the General Appropriations

 2  Act, pursuant to the following conditions:

 3         1.  Base funding shall not exceed 85 percent of the

 4  current fiscal year total Workforce Development Education Fund

 5  allocation, which shall be distributed by the Legislature in

 6  the General Appropriations Act based on a maximum of 85

 7  percent of the institution's prior year total allocation from

 8  base and performance funds.

 9         2.  Performance funding shall be at least 15 percent of

10  the current fiscal year total Workforce Development Education

11  Fund allocation, which shall be distributed by the Legislature

12  in the General Appropriations Act based on the previous fiscal

13  year's achievement of output and outcomes in accordance with

14  formulas adopted pursuant to subsection (9). Performance

15  funding must incorporate payments for at least three levels of

16  placements that reflect wages and workforce demand. Payments

17  for completions must not exceed 60 percent of the payments for

18  placement. School districts and community colleges shall be

19  awarded funds pursuant to this paragraph based on performance

20  output data and performance outcome data available in that

21  year.

22         3.  If a local educational agency achieves a level of

23  performance sufficient to generate a full allocation as

24  authorized by the workforce development funding formula, the

25  agency may earn performance incentive funds as appropriated

26  for that purpose in a General Appropriations Act. If

27  performance incentive funds are funded and awarded, these

28  funds must be added to the local educational agency's prior

29  year total allocation from the Workforce Development Education

30  Fund and shall be used to calculate the following year's base

31  funding.


                                 1265

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  A program is established to assist school

 2  districts and community colleges in responding to the needs of

 3  new and expanding businesses and thereby strengthening the

 4  state's workforce and economy. The program may be funded in

 5  the General Appropriations Act. A school district or community

 6  college may expend funds under the program without regard to

 7  performance criteria set forth in subparagraph (a)2. The

 8  district or community college shall use the program to provide

 9  customized training for businesses which satisfies the

10  requirements of s. 288.047. Business firms whose employees

11  receive the customized training must provide 50 percent of the

12  cost of the training. Balances remaining in the program at the

13  end of the fiscal year shall not revert to the general fund,

14  but shall be carried over for 1 additional year and used for

15  the purpose of serving incumbent worker training needs of area

16  businesses with fewer than 100 employees. Priority shall be

17  given to businesses that must increase or upgrade their use of

18  technology to remain competitive.

19         (7)  A school district or community college that earns

20  performance funding must use the money to benefit the

21  postsecondary adult and technical education programs it

22  provides. The money may be used for equipment upgrades,

23  program expansions, or any other use that would result in

24  workforce development program improvement. The district school

25  board or community college board of trustees may not withhold

26  any portion of the performance funding for indirect costs.

27  Notwithstanding s. 216.351, funds awarded pursuant to this

28  section may be carried across fiscal years and shall not

29  revert to any other fund maintained by the district school

30  board or community college board of trustees.

31  


                                 1266

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (8)  The State Board of Education and Workforce

 2  Florida, Inc., shall provide the Legislature with recommended

 3  formulas, criteria, timeframes, and mechanisms for

 4  distributing performance funds. The commissioner shall

 5  consolidate the recommendations and develop a consensus

 6  proposal for funding. The Legislature shall adopt a formula

 7  and distribute the performance funds to the State Board of

 8  Education for community colleges and school districts through

 9  the General Appropriations Act. These recommendations shall be

10  based on formulas that would discourage low-performing or

11  low-demand programs and encourage through performance-funding

12  awards:

13         (a)  Programs that prepare people to enter high-wage

14  occupations identified by the Workforce Estimating Conference

15  created by s. 216.136 and other programs as approved by

16  Workforce Florida, Inc. At a minimum, performance incentives

17  shall be calculated for adults who reach completion points or

18  complete programs that lead to specified high-wage employment

19  and to their placement in that employment.

20         (b)  Programs that successfully prepare adults who are

21  eligible for public assistance, economically disadvantaged,

22  disabled, not proficient in English, or dislocated workers for

23  high-wage occupations.  At a minimum, performance incentives

24  shall be calculated at an enhanced value for the completion of

25  adults identified in this paragraph and job placement of such

26  adults upon completion. In addition, adjustments may be made

27  in payments for job placements for areas of high unemployment.

28         (c)  Programs that are specifically designed to be

29  consistent with the workforce needs of private enterprise and

30  regional economic development strategies, as defined in

31  guidelines set by Workforce Florida, Inc. Workforce Florida,


                                 1267

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Inc., shall develop guidelines to identify such needs and

 2  strategies based on localized research of private employers

 3  and economic development practitioners.

 4         (d)  Programs identified by Workforce Florida, Inc., as

 5  increasing the effectiveness and cost efficiency of education.

 6         (9)  A high school student dually enrolled under s.

 7  1007.271 in a workforce development program funded through the

 8  Workforce Development Education Fund and operated by a

 9  community college or school district technical center

10  generates the amount calculated by the Workforce Development

11  Education Fund, including any payment of performance funding,

12  and the proportional share of full-time equivalent enrollment

13  generated through the Florida Education Finance Program for

14  the student's enrollment in a high school. If a high school

15  student is dually enrolled in a community college program,

16  including a program conducted at a high school, the community

17  college earns the funds generated through the Workforce

18  Development Education Fund and the school district earns the

19  proportional share of full-time equivalent funding from the

20  Florida Education Finance Program. If a student is dually

21  enrolled in a technical center operated by the same district

22  as the district in which the student attends high school, that

23  district earns the funds generated through the Workforce

24  Development Education Fund and also earns the proportional

25  share of full-time equivalent funding from the Florida

26  Education Finance Program. If a student is dually enrolled in

27  a workforce development program provided by a technical center

28  operated by a different school district, the funds must be

29  divided between the two school districts proportionally from

30  the two funding sources. A student may not be reported for

31  funding in a dual enrollment workforce development program


                                 1268

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  unless the student has completed the basic skills assessment

 2  pursuant to s. 1004.91.

 3         (10)  The State Board of Education may adopt rules to

 4  administer this section.

 5         Section 674.  Section 1011.801, Florida Statutes, is

 6  created to read:

 7         1011.801  Workforce Development Capitalization

 8  Incentive Grant Program.--The Legislature recognizes that the

 9  need for school districts and community colleges to be able to

10  respond to emerging local or statewide economic development

11  needs is critical to the workforce development system. The

12  Workforce Development Capitalization Incentive Grant Program

13  is created to provide grants to school districts and community

14  colleges on a competitive basis to fund some or all of the

15  costs associated with the creation or expansion of workforce

16  development programs that serve specific employment workforce

17  needs.

18         (1)  Funds awarded for a workforce development

19  capitalization incentive grant may be used for instructional

20  equipment, laboratory equipment, supplies, personnel, student

21  services, or other expenses associated with the creation or

22  expansion of a workforce development program. Expansion of a

23  program may include either the expansion of enrollments in a

24  program or expansion into new areas of specialization within a

25  program. No grant funds may be used for recurring

26  instructional costs or for institutions' indirect costs.

27         (2)  The State Board of Education shall accept

28  applications from school districts or community colleges for

29  workforce development capitalization incentive grants.

30  Applications from school districts or community colleges shall

31  contain projected enrollments and projected costs for the new


                                 1269

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  or expanded workforce development program. The State Board of

 2  Education, in consultation with the Workforce Florida, Inc.,

 3  shall review and rank each application for a grant according

 4  to subsection (3) and shall submit to the Legislature a list

 5  in priority order of applications recommended for a grant

 6  award.

 7         (3)  The State Board of Education shall give highest

 8  priority to programs that train people to enter high-skill,

 9  high-wage occupations identified by the Workforce Estimating

10  Conference and other programs approved by Workforce Florida,

11  Inc.; programs that train people to enter occupations under

12  the welfare transition program; or programs that train for the

13  workforce adults who are eligible for public assistance,

14  economically disadvantaged, disabled, not proficient in

15  English, or dislocated workers. The State Board of Education

16  shall consider the statewide geographic dispersion of grant

17  funds in ranking the applications and shall give priority to

18  applications from education agencies that are making maximum

19  use of their workforce development funding by offering

20  high-performing, high-demand programs.

21         Section 675.  Part IV of chapter 1011, Florida

22  Statutes, shall be entitled "Funding for Community Colleges"

23  and shall consist of ss. 1011.81-1011.86.

24         Section 676.  Section 1011.81, Florida Statutes, is

25  created to read:

26         1011.81  Community College Program Fund.--There is

27  established a Community College Program Fund. This fund shall

28  comprise all appropriations made by the Legislature for the

29  support of the current operating program and shall be

30  apportioned and distributed to the community college districts

31  of the state on the basis of procedures established by law and


                                 1270

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  rules of the State Board of Education. The annual

 2  apportionment for each community college district shall be

 3  distributed monthly in payments as nearly equal as possible.

 4         Section 677.  Section 1011.82, Florida Statutes, is

 5  created to read:

 6         1011.82  Requirements for participation in Community

 7  College Program Fund.--Each community college district which

 8  participates in the state appropriations for the Community

 9  College Program Fund shall provide evidence of its effort to

10  maintain an adequate community college program which shall:

11         (1)  Meet the minimum standards prescribed by the State

12  Board of Education in accordance with s. 1001.02(9).

13         (2)  Effectively fulfill the mission of the community

14  colleges in accordance with s. 1004.65.

15         Section 678.  Section 1011.83, Florida Statutes, is

16  created to read:

17         1011.83  Financial support of community colleges.--Each

18  community college that has been approved by the Department of

19  Education and meets the requirements of law and rules of the

20  State Board of Education shall participate in the community

21  college program fund. However, funds to support workforce

22  development programs conducted by community colleges shall be

23  provided by the Workforce Development Education Fund pursuant

24  to s. 1011.80.

25         Section 679.  Section 1011.84, Florida Statutes, is

26  created to read:

27         1011.84  Procedure for determining state financial

28  support and annual apportionment of state funds to each

29  community college district.--The procedure for determining

30  state financial support and the annual apportionment to each

31  community college district authorized to operate a community


                                 1271

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  college under the provisions of s. 1001.61 shall be as

 2  follows:

 3         (1)  DETERMINING THE AMOUNT TO BE INCLUDED IN THE

 4  COMMUNITY COLLEGE PROGRAM FUND FOR THE CURRENT OPERATING

 5  PROGRAM.--

 6         (a)  The Department of Education shall determine

 7  annually from an analysis of operating costs, prepared in the

 8  manner prescribed by rules of the State Board of Education,

 9  the costs per full-time equivalent student served in courses

10  and fields of study offered in community colleges. This

11  information and current college operating budgets shall be

12  submitted to the Executive Office of the Governor with the

13  legislative budget request prior to each regular session of

14  the Legislature.

15         (b)  The allocation of funds for community colleges

16  shall be based on advanced and professional disciplines,

17  college-preparatory programs, and other programs for adults

18  funded pursuant to s. 1011.80.

19         (c)  The category of lifelong learning is for students

20  enrolled pursuant to s. 1004.93. A student shall also be

21  reported as a lifelong learning student for his or her

22  enrollment in any course that he or she has previously taken,

23  unless it is a credit course in which the student earned a

24  grade of D or F.

25         (d)  If an adult student has been determined to be a

26  disabled student eligible for an approved educational program

27  for disabled adults provided pursuant to s. 1004.93 and rules

28  of the State Board of Education and is enrolled in a class

29  with curriculum frameworks developed for the program, state

30  funding for that student shall be provided at a level double

31  


                                 1272

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  that of a student enrolled in a special adult general

 2  education program provided by a community college.

 3         (e)  The State Board of Education shall adopt rules to

 4  implement s. 9(d)(8)f., Art. XII of the State Constitution.

 5  These rules shall provide for the use of the funds available

 6  under s. 9(d)(8)f., Art. XII by an individual community

 7  college for operating expense in any fiscal year during which

 8  the State Board of Education has determined that all major

 9  capital outlay needs have been met. Highest priority for the

10  use of these funds for purposes other than financing approved

11  capital outlay projects shall be for the proper maintenance

12  and repair of existing facilities for projects approved by the

13  State Board of Education. However, in any fiscal year in which

14  funds from this source are authorized for operating expense

15  other than approved maintenance and repair projects, the

16  allocation of community college program funds shall be reduced

17  by an amount equal to the sum used for such operating expense

18  for that community college that year, and that amount shall

19  not be released or allocated among the other community

20  colleges that year.

21         (2)  DETERMINING THE AMOUNT TO BE INCLUDED FOR CAPITAL

22  OUTLAY AND DEBT SERVICE.--The amount included for capital

23  outlay and debt service shall be as determined and provided in

24  s. 18, Art. XII of the State Constitution of 1885, as adopted

25  by s. 9(d), Art. XII of the 1968 revised State Constitution

26  and State Board of Education rules.

27         (3)  DETERMINING THE APPORTIONMENT FROM STATE FUNDS.--

28         (a)  By December 15 of each year, the Department of

29  Education shall estimate the annual enrollment of each

30  community college for the current fiscal year and for the 6

31  subsequent fiscal years.  These estimates shall be based upon


                                 1273

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  prior years' enrollments, upon the initial fall term

 2  enrollments for the current fiscal year for each college, and

 3  upon each college's estimated current enrollment and

 4  demographic changes in the respective community college

 5  districts.

 6         (b)  The apportionment to each community college from

 7  the Community College Program Fund shall be determined

 8  annually in the General Appropriations Act. In determining

 9  each college's apportionment, the Legislature shall consider

10  the following components:

11         1.  Base budget, which includes the state appropriation

12  to the Community College Program Fund in the current year plus

13  the related student tuition and out-of-state fees assigned in

14  the current General Appropriations Act.

15         2.  The cost-to-continue allocation, which consists of

16  incremental changes to the base budget, including salaries,

17  price levels, and other related costs allocated through a

18  funding model approved by the Legislature which may recognize

19  differing economic factors arising from the individual

20  educational approaches of the various community colleges,

21  including, but not limited to:

22         a.  Direct Instructional Funding, including class size,

23  faculty productivity factors, average faculty salary, ratio of

24  full-time to part-time faculty, costs of programs, and

25  enrollment factors.

26         b.  Academic Support, including small colleges factor,

27  multicampus factor, and enrollment factor.

28         c.  Student Services Support, including headcount of

29  students as well as FTE count and enrollment factors.

30         d.  Library Support, including volume and other

31  materials/audiovisual requirements.


                                 1274

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         e.  Special Projects.

 2         f.  Operations and Maintenance of Plant, including

 3  square footage and utilization factors.

 4         g.  District Cost Differential.

 5         3.  Students enrolled in a recreation and leisure

 6  program and students enrolled in a lifelong learning program

 7  who may not be counted as full-time equivalent enrollments for

 8  purposes of enrollment workload adjustments.

 9         4.  Operating costs of new facilities adjustments,

10  which shall be provided, from funds available, for each new

11  facility that is owned by the college and is recommended in

12  accordance with s. 1013.31.

13         5.  New and improved program enhancements, which shall

14  be determined by the Legislature.

15  

16  Student fees in the base budget plus student fee revenues

17  generated by increases in fee rates shall be deducted from the

18  sum of the components determined in subparagraphs 1.-5. The

19  amount remaining shall be the net annual state apportionment

20  to each college.

21         (c)  No community college shall commit funds for the

22  employment of personnel or resources in excess of those

23  required to continue the same level of support for either the

24  previously approved enrollment or the revised enrollment,

25  whichever is lower.

26         (d)  The apportionment to each community college

27  district for capital outlay and debt service shall be the

28  amount determined in accordance with subsection (2). This

29  amount, less any amount determined as necessary for

30  administrative expense by the State Board of Education and any

31  amount necessary for debt service on bonds issued by the State


                                 1275

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Board of Education, shall be transmitted to the community

 2  college board of trustees to be expended in a manner

 3  prescribed by rules of the State Board of Education.

 4         (e)  If at any time the unencumbered balance in the

 5  general fund of the community college board of trustees

 6  approved operating budget goes below 5 percent, the president

 7  shall provide written notification to the State Board of

 8  Education.

 9         (f)  Expenditures for apprenticeship programs shall be

10  reported separately.

11         (4)  EXPENDITURE OF ALLOCATED FUNDS.--Any funds

12  allocated herein to any community college shall be expended

13  only for the purpose of supporting that community college.

14         (5)  REPORT OF REMEDIAL EDUCATION.--Each community

15  college board of trustees shall report the volume and cost of

16  remedial education activities as a separate item in its annual

17  cost accounting system.

18         Section 680.  Section 1011.85, Florida Statutes, is

19  created to read:

20         1011.85  Dr. Philip Benjamin Matching Grant Program for

21  Community Colleges.--

22         (1)  There is created the Dr. Philip Benjamin Matching

23  Grant Program for Community Colleges as a single matching

24  gifts program that encompasses the goals originally set out in

25  the Academic Improvement Program, the Scholarship Matching

26  Program, and the Health Care Education Quality Enhancement

27  Challenge Grant.  The program shall be administered according

28  to rules of the State Board of Education and used to encourage

29  private support in enhancing community colleges by providing

30  the community college system with the opportunity to receive

31  and match challenge grants.  Funds received prior to the


                                 1276

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  effective date of this act for each of the three programs

 2  shall be retained in the separate account for which it was

 3  designated.

 4         (2)  Each community college board of trustees receiving

 5  state appropriations under this program shall approve each

 6  gift to ensure alignment with the unique mission of the

 7  community college.  The board of trustees must link all

 8  requests for a state match to the goals and mission statement.

 9  The Florida Community College Foundation Board receiving state

10  appropriations under this program shall approve each gift to

11  ensure alignment with its goals and mission statement.

12         (3)  Upon approval by the community college board of

13  trustees and the State Board of Education, the ordering of

14  donations for priority listing of unmatched gifts should be

15  determined by the submitting community college.

16         (4)  Each year, eligible contributions received by a

17  community college's foundation or the State Board of Education

18  by February 1 shall be eligible for state matching funds.

19         (a)  Each community college board of trustees and, when

20  applicable, the Florida Community College Foundation Board,

21  receiving state appropriations under this program shall also

22  certify in an annual report to the State Board of Education

23  the receipt of eligible cash contributions that were

24  previously unmatched by the state.  The State Board of

25  Education shall adopt rules providing all community colleges

26  with an opportunity to apply for excess funds before the

27  awarding of such funds.

28         (b)  Community colleges must submit to the State Board

29  of Education an annual expenditure report tracking the use of

30  all matching funds.

31  


                                 1277

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (c)  The audit of each foundation receiving state funds

 2  from this program must include a certification of accuracy in

 3  the amount reported for matching funds.

 4         (5)  The matching ratio for donations that are

 5  specifically designated to support scholarships, student

 6  loans, or need-based grants shall be $1 of state funds to $1

 7  of local private funds.

 8         (6)  Otherwise, funds shall be proportionately

 9  allocated to the community colleges on the basis of matching

10  each $6 of local or private funds with $4 of state funds.  To

11  be eligible, a minimum of $4,500 must be raised from private

12  sources.

13         (7)  The community college board of trustees, in

14  conjunction with the donor, shall make the determination of

15  whether scholarships established pursuant to this program are

16  endowed.

17         (8)(a)  Funds sufficient to provide the match shall be

18  transferred from the state appropriations to the local

19  community college foundation or the statewide community

20  college foundation upon notification that a proportionate

21  amount has been received and deposited by a community college

22  in its own trust fund.

23         (b)  If state funds appropriated for the program are

24  insufficient to match contributions, the amount allocated

25  shall be reduced in proportion to its share of the total

26  eligible contributions.  However, in making proportional

27  reductions, every community college shall receive a minimum of

28  $75,000 in state matching funds if its eligible contributions

29  would have generated an amount at least equal to $75,000.  All

30  unmet contributions shall be eligible for state matching funds

31  in subsequent fiscal years.


                                 1278

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (9)  Each community college entity shall establish its

 2  own matching grant program fund as a depository for the

 3  private contributions and matching state funds provided under

 4  this section.  Community college foundations are responsible

 5  for the maintenance, investment, and administration of their

 6  matching grant program funds.

 7         (10)  The State Board of Education may receive

 8  submissions of requests for matching funds and documentation

 9  relating to those requests, may approve requests for matching

10  funds, and may allocate such funds to the community colleges.

11         (11)  The board of trustees of the community college

12  and the State Board of Education are responsible for

13  determining the uses for the proceeds of their respective

14  trust funds. Such use of the proceeds shall include, but not

15  be limited to, expenditure of the funds for:

16         (a)  Scientific and technical equipment.

17         (b)  Scholarships, loans, or need-based grants.

18         (c)  Other activities that will benefit future students

19  as well as students currently enrolled at the community

20  college, will improve the quality of education at the

21  community college, or will enhance economic development in the

22  community.

23         Section 681.  Section 1011.86, Florida Statutes, is

24  created to read:

25         1011.86  Educational leadership enhancement grants.--

26         (1)  State universities and community colleges may

27  submit proposals for educational leadership enhancement grants

28  to the Commissioner of Education. Proposals shall be funded

29  competitively.

30         (2)  To be eligible for funding, proposals must create

31  programs designed to strengthen the academic and professional


                                 1279

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  coursework or executive management preparation of women and

 2  minorities.

 3         (3)  Each proposal must include specific measurable

 4  goals and objectives.

 5         (4)  The State Board of Education may adopt any rules

 6  necessary to implement the provisions of this grant program.

 7         (5)  The grant program shall be implemented to the

 8  extent funded in the General Appropriations Act.

 9         Section 682.  Part V of chapter 1011, Florida Statutes,

10  shall be entitled "Funding for Universities" and shall consist

11  of ss. 1011.90-1011.94.

12         Section 683.  Section 1011.90, Florida Statutes, is

13  created to read:

14         1011.90  State university funding.--

15         (1)  Planned enrollments for each university as

16  accepted or modified by the Legislature and program cost

17  categories shall be the basis for the allocation of

18  appropriated funds to the universities.

19         (2)  In addition to enrollment-based appropriations,

20  categorical programs shall be established in universities

21  which are not directly related to planned student enrollment.

22  Such programs shall be based upon the assigned missions of the

23  institutions and shall include, but not be limited to,

24  research and public service programs and authority to spend

25  fee revenues collected pursuant to subsection (5) and s.

26  1009.24. Appropriations by the Legislature and allocations to

27  universities shall be based upon full costs, as determined

28  pursuant to subsection (1), and priorities established by the

29  Legislature.

30         (3)  The Legislature by line item in an appropriations

31  act may identify programs of extraordinary quality for the


                                 1280

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  utilization of state funds to be matched by nonstate and

 2  nonfederal sources.

 3         (4)  The State Board of Education shall establish and

 4  validate a cost-estimating system consistent with the

 5  requirements of subsection (1) and shall report as part of its

 6  legislative budget request the actual expenditures for the

 7  fiscal year ending the previous June 30. Expenditure analysis,

 8  operating budgets, and annual financial statements of each

 9  university must be prepared using the standard financial

10  reporting procedures and formats prescribed by the State Board

11  of Education. These formats shall be the same as used for the

12  2000-2001 fiscal year reports. Any revisions to these

13  financial and reporting procedures and formats must be

14  approved by the Executive Office of the Governor and the

15  appropriations committees of the Legislature jointly under the

16  provisions of s. 216.023(3). The State Board of Education

17  shall continue to collect and maintain at a minimum the

18  management information databases existing on June 30, 2002.

19  The expenditure analysis report shall include total

20  expenditures from all sources for the general operation of the

21  university and shall be in such detail as needed to support

22  the legislative budget request.

23         (5)  If the actual enrollment for any university is

24  less than planned enrollment by more than 5 percent for any 2

25  consecutive fiscal years, the university enrollment plan for

26  the next year shall be reduced. If actual enrollment exceeds

27  planned enrollment by more than 5 percent, an explanation of

28  the excess shall be provided with the next year's enrollment

29  plan. The analysis of enrollment conducted for implementing

30  this subsection shall be based on the categories of enrollment

31  used in the education and general appropriation.


                                 1281

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 684.  Section 1011.91, Florida Statutes, is

 2  created to read:

 3         1011.91  Additional appropriation.--

 4         (1)  All moneys received by universities, other than

 5  from state and federal sources, from student building and

 6  capital improvement fees, and from vending machine

 7  collections, are hereby appropriated to the use of the

 8  respective universities collecting same, to be expended as the

 9  university board of trustees may direct; however, the funds

10  shall not be expended except in pursuance of detailed budgets

11  filed with the State Board of Education and shall not be

12  expended for the construction or reconstruction of buildings

13  except as provided under s. 1013.74.

14         (2)  All moneys received from vending machine

15  collections by universities shall be expended only as set

16  forth in detailed budgets approved by the State Board of

17  Education.

18         (3)(a)  All moneys received by universities for the

19  Auxiliary Enterprises and Contracts, Grants and Donations

20  budget entities, and the self-insurance program authorized in

21  s. 1004.24, shall be exempt from the requirements of s.

22  216.023.

23         (b)  No new state appropriation shall be obligated as a

24  source of matching funds for potential federal or private

25  contracts or grants. Upon the termination of any federal or

26  private contracts or grants, the state shall not be obligated

27  to provide continued funding for personnel or project costs

28  related to such contracts or grants.

29         Section 685.  Section 1011.93, Florida Statutes, is

30  created to read:

31  


                                 1282

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         1011.93  Pari-mutuel wagering funded research and

 2  development programs.--Each fiscal year, the first $250,000 of

 3  the funds credited to the Pari-mutuel Wagering Trust Fund

 4  shall be used to fund the establishment and implementation of

 5  research and development programs at the University of

 6  Florida. The University of Florida shall administer the

 7  distribution of the funds. These programs must include, but

 8  are not limited to:

 9         (1)  Research related to the breeding, health, feeding,

10  or training of dogs and horses.

11         (2)  Development of continuing education programs for

12  individuals involved in the care and treatment of dogs and

13  horses at pari-mutuel facilities.

14         (3)  Establishment of a postmortem evaluation program

15  for break-down injuries of dogs and horses.

16         (4)  Research and development of helmet safety and the

17  improvement of jai alai equipment.

18         Section 686.  Section 1011.94, Florida Statutes, is

19  created to read:

20         1011.94  Trust Fund for University Major Gifts.--

21         (1)  There is established a Trust Fund for University

22  Major Gifts. The purpose of the trust fund is to enable each

23  university and New College to provide donors with an incentive

24  in the form of matching grants for donations for the

25  establishment of permanent endowments, which must be invested,

26  with the proceeds of the investment used to support libraries

27  and instruction and research programs, as defined by procedure

28  of the State Board of Education. All funds appropriated for

29  the challenge grants, new donors, major gifts, or eminent

30  scholars program must be deposited into the trust fund and

31  invested pursuant to s. 18.125 until the State Board of


                                 1283

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Education allocates the funds to universities to match private

 2  donations. Notwithstanding s. 216.301 and pursuant to s.

 3  216.351, any undisbursed balance remaining in the trust fund

 4  and interest income accruing to the portion of the trust fund

 5  which is not matched and distributed to universities must

 6  remain in the trust fund and be used to increase the total

 7  funds available for challenge grants. The State Board of

 8  Education may authorize any university to encumber the state

 9  matching portion of a challenge grant from funds available

10  under s. 1011.45.

11         (2)  The State Board of Education shall specify the

12  process for submission, documentation, and approval of

13  requests for matching funds, accountability for endowments and

14  proceeds of endowments, allocations to universities,

15  restrictions on the use of the proceeds from endowments, and

16  criteria used in determining the value of donations.

17         (3)(a)  The State Board of Education shall allocate the

18  amount appropriated to the trust fund to each university and

19  New College based on the amount of the donation and the

20  restrictions applied to the donation.

21         (b)  Donations for a specific purpose must be matched

22  in the following manner:

23         1.  Each university that raises at least $100,000 but

24  no more than $599,999 from a private source must receive a

25  matching grant equal to 50 percent of the private

26  contribution.

27         2.  Each university that raises a contribution of at

28  least $600,000 but no more than $1 million from a private

29  source must receive a matching grant equal to 70 percent of

30  the private contribution.

31  


                                 1284

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         3.  Each university that raises a contribution in

 2  excess of $1 million but no more than $1.5 million from a

 3  private source must receive a matching grant equal to 75

 4  percent of the private contribution.

 5         4.  Each university that raises a contribution in

 6  excess of $1.5 million but no more than $2 million from a

 7  private source must receive a matching grant equal to 80

 8  percent of the private contribution.

 9         5.  Each university that raises a contribution in

10  excess of $2 million from a private source must receive a

11  matching grant equal to 100 percent of the private

12  contribution.

13         (c)  The State Board of Education shall encumber state

14  matching funds for any pledged contributions, pro rata, based

15  on the requirements for state matching funds as specified for

16  the particular challenge grant and the amount of the private

17  donations actually received by the university for the

18  respective challenge grant.

19         (4)  Matching funds may be provided for contributions

20  encumbered or pledged under the Eminent Scholars Act prior to

21  July 1, 1994, and for donations or pledges of any amount equal

22  to or in excess of the prescribed minimums which are pledged

23  for the purpose of this section.

24         (5)(a)  Each university foundation and New College

25  Foundation shall establish a challenge grant account for each

26  challenge grant as a depository for private contributions and

27  state matching funds to be administered on behalf of the State

28  Board of Education, the university, or New College. State

29  matching funds must be transferred to a university foundation

30  or New College Foundation upon notification that the

31  university or New College has received and deposited the


                                 1285

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  amount specified in this section in a foundation challenge

 2  grant account.

 3         (b)  The foundation serving a university and New

 4  College Foundation each has the responsibility for the

 5  maintenance and investment of its challenge grant account and

 6  for the administration of the program on behalf of the

 7  university or New College, pursuant to procedures specified by

 8  the State Board of Education. Each foundation shall include in

 9  its annual report to the State Board of Education information

10  concerning collection and investment of matching gifts and

11  donations and investment of the account.

12         (c)  A donation of at least $600,000 and associated

13  state matching funds may be used to designate an Eminent

14  Scholar Endowed Chair pursuant to procedures specified by the

15  State Board of Education.

16         (6)  The donations, state matching funds, or proceeds

17  from endowments established under this section may not be

18  expended for the construction, renovation, or maintenance of

19  facilities or for the support of intercollegiate athletics.

20         Section 687.  Chapter 1012, Florida Statutes, shall be

21  entitled "Personnel" and shall consist of ss.

22  1012.01-1012.992.

23         Section 688.  Part I of chapter 1012, Florida Statutes,

24  shall be entitled "General Provisions" and shall consist of s.

25  1012.01.

26         Section 689.  Section 1012.01, Florida Statutes, is

27  created to read:

28         1012.01  K-12 definitions.--Specific definitions shall

29  be as follows, and wherever such defined words or terms are

30  used in the Florida K-20 Education Code, they shall be used as

31  follows:


                                 1286

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (1)  SCHOOL OFFICERS.--The officers of the state system

 2  of public education shall be the Commissioner of Education and

 3  the members of the State Board of Education; and, for each

 4  district school system, the officers shall be the district

 5  school superintendent and members of the district school

 6  board.

 7         (2)  INSTRUCTIONAL PERSONNEL.--"Instructional

 8  personnel" means any staff member whose function includes the

 9  provision of direct instructional services to students.

10  Instructional personnel also includes personnel whose

11  functions provide direct support in the learning process of

12  students. Included in the classification of instructional

13  personnel are:

14         (a)  Classroom teachers.--Classroom teachers are staff

15  members assigned the professional activity of instructing

16  students in courses in classroom situations, including basic

17  instruction, exceptional student education, career and

18  technical education, and adult education, including substitute

19  teachers.

20         (b)  Student personnel services.--Student personnel

21  services include staff members responsible for: advising

22  students with regard to their abilities and aptitudes,

23  educational and occupational opportunities, and personal and

24  social adjustments; providing placement services; performing

25  educational evaluations; and similar functions. Included in

26  this classification are guidance counselors, social workers,

27  occupational/placement specialists, and school psychologists.

28         (c)  Librarians/media specialists.--Librarians/media

29  specialists are staff members responsible for providing school

30  library media services. These employees are responsible for

31  evaluating, selecting, organizing, and managing media and


                                 1287

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  technology resources, equipment, and related systems;

 2  facilitating access to information resources beyond the

 3  school; working with teachers to make resources available in

 4  the instructional programs; assisting teachers and students in

 5  media productions; and instructing students in the location

 6  and use of information resources.

 7         (d)  Other instructional staff.--Other instructional

 8  staff are staff members who are part of the instructional

 9  staff but are not classified in one of the categories

10  specified in paragraphs (a)-(c). Included in this

11  classification are primary specialists, learning resource

12  specialists, instructional trainers, adjunct educators

13  certified pursuant to s. 1012.57, and similar positions.

14         (e)  Education paraprofessionals.--Education

15  paraprofessionals are individuals who are under the direct

16  supervision of an instructional staff member, aiding the

17  instructional process. Included in this classification are

18  classroom paraprofessionals in regular instruction,

19  exceptional education paraprofessionals, career education

20  paraprofessionals, adult education paraprofessionals, library

21  paraprofessionals, physical education and playground

22  paraprofessionals, and other school-level paraprofessionals.

23         (3)  ADMINISTRATIVE PERSONNEL.--"Administrative

24  personnel" includes personnel who perform management

25  activities such as developing broad policies for the school

26  district and executing those policies through the direction of

27  personnel at all levels within the district. Administrative

28  personnel are generally high-level, responsible personnel who

29  have been assigned the responsibilities of systemwide or

30  schoolwide functions, such as district school superintendents,

31  assistant superintendents, deputy superintendents, school


                                 1288

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  principals, assistant principals, technical center directors,

 2  and others who perform management activities. Broad

 3  classifications of administrative personnel are as follows:

 4         (a)  District-based instructional

 5  administrators.--Included in this classification are persons

 6  with district-level administrative or policymaking duties who

 7  have broad authority for management policies and general

 8  school district operations related to the instructional

 9  program. Such personnel often report directly to the district

10  school superintendent and supervise other administrative

11  employees. This classification includes assistant, associate,

12  or deputy superintendents and directors of major instructional

13  areas, such as curriculum, federal programs such as Title I,

14  specialized instructional program areas such as exceptional

15  student education, career and technical education, and similar

16  areas.

17         (b)  District-based noninstructional

18  administrators.--Included in this classification are persons

19  with district-level administrative or policymaking duties who

20  have broad authority for management policies and general

21  school district operations related to the noninstructional

22  program. Such personnel often report directly to the district

23  school superintendent and supervise other administrative

24  employees. This classification includes assistant, associate,

25  or deputy superintendents and directors of major

26  noninstructional areas, such as personnel, construction,

27  facilities, transportation, data processing, and finance.

28         (c)  School administrators.--Included in this

29  classification are:

30         1.  School principals or school directors who are staff

31  members performing the assigned activities as the


                                 1289

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  administrative head of a school and to whom have been

 2  delegated responsibility for the coordination and

 3  administrative direction of the instructional and

 4  noninstructional activities of the school. This classification

 5  also includes technical center directors.

 6         2.  Assistant principals who are staff members

 7  assisting the administrative head of the school. This

 8  classification also includes assistant principals for

 9  curriculum and administration.

10         (4)  YEAR OF SERVICE.--The minimum time which may be

11  recognized in administering the state program of education,

12  not including retirement, as a year of service by a school

13  employee shall be full-time actual service; and, beginning

14  July 1963, such service shall also include sick leave and

15  holidays for which compensation was received but shall exclude

16  all other types of leave and holidays for a total of more than

17  one-half of the number of days required for the normal

18  contractual period of service for the position held, which

19  shall be 196 days or longer, or the minimum required for the

20  district to participate in the Florida Education Finance

21  Program in the year service was rendered, or the equivalent

22  for service performed on a daily or hourly basis; provided,

23  further, that absence from duty after the date of beginning

24  service shall be covered by leave duly authorized and granted;

25  further, the school board shall have authority to establish a

26  different minimum for local district school purposes.

27         (5)  SCHOOL VOLUNTEER.--A school volunteer is any

28  nonpaid person who may be appointed by a district school board

29  or its designee. School volunteers may include, but may not be

30  limited to, parents, senior citizens, students, and others who

31  assist the teacher or other members of the school staff.


                                 1290

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (6)  EDUCATIONAL SUPPORT EMPLOYEES.--"Educational

 2  support employees" means employees whose job functions are

 3  neither administrative nor instructional, yet whose work

 4  supports the educational process.

 5         (a)  Other professional staff or

 6  nonadministrative/noninstructional employees are staff members

 7  who perform professional job functions which are

 8  nonadministrative/noninstructional in nature and who are not

 9  otherwise classified in this section. Included in this

10  classification are employees such as doctors, nurses,

11  attorneys, certified public accountants, and others

12  appropriate to the classification.

13         (b)  Technicians are individuals whose occupations

14  require a combination of knowledge and manual skill which can

15  be obtained through about 2 years of post-high school

16  education, such as is offered in many technical institutes and

17  community colleges, or through equivalent on-the-job training.

18         (c)  Clerical/secretarial workers are individuals whose

19  job requires skills and training in clerical-type work,

20  including activities such as preparing, transcribing,

21  systematizing, or preserving written communications and

22  reports or operating equipment performing those functions.

23  Included in this classification are secretaries, bookkeepers,

24  messengers, and office machine operators.

25         (d)  Skilled crafts workers are individuals who perform

26  jobs which require special manual skill and a thorough and

27  comprehensive knowledge of the processes involved in the work

28  which is acquired through on-the-job training and experience

29  or through apprenticeship or other formal training programs.

30  Lead workers for the various skilled crafts areas shall be

31  included in this classification.


                                 1291

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (e)  Service workers are staff members performing a

 2  service for which there are no formal qualifications,

 3  including those responsible for: cleaning the buildings,

 4  school plants, or supporting facilities; maintenance and

 5  operation of such equipment as heating and ventilation

 6  systems; preserving the security of school property; and

 7  keeping the school plant safe for occupancy and use. Lead

 8  workers in the various service areas shall be included in this

 9  broad classification.

10         (7)  MANAGERS.--"Managers" includes those staff members

11  who perform managerial and supervisory functions while usually

12  also performing general operations functions. Managers may be

13  either instructional or noninstructional in their

14  responsibility. They may direct employees' work, plan the work

15  schedule, control the flow and distribution of work or

16  materials, train employees, handle complaints, authorize

17  payments, and appraise productivity and efficiency of

18  employees. This classification includes coordinators and

19  supervisors working under the general direction of those staff

20  identified as district-based instructional or noninstructional

21  administrators.

22         Section 690.  Part II of chapter 1012, Florida

23  Statutes, shall be entitled "K-20 Personnel Issues" and shall

24  consist of ss. 1012.05-1012.07.

25         Section 691.  Section 1012.05, Florida Statutes, is

26  created to read:

27         1012.05  Teacher recruitment and retention.--

28         (1)  The Department of Education, in cooperation with

29  teacher organizations, district personnel offices, and

30  schools, colleges, and departments of education in public and

31  


                                 1292

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  nonpublic postsecondary educational institutions, shall

 2  concentrate on the recruitment of qualified teachers.

 3         (2)  The Department of Education shall:

 4         (a)  Develop and implement a system for posting

 5  teaching vacancies and establish a database of teacher

 6  applicants that is accessible within and outside the state.

 7         (b)  Advertise in major newspapers, national

 8  professional publications, and other professional publications

 9  and in schools of education.

10         (c)  Utilize state and nationwide toll-free numbers.

11         (d)  Conduct periodic communications with district

12  personnel directors regarding applicants.

13         (e)  Provide district access to the applicant database

14  by computer or telephone.

15         (f)  Develop and distribute promotional materials

16  related to teaching as a career.

17         (g)  Publish and distribute information pertaining to

18  employment opportunities, application procedures, teacher

19  certification, and teacher salaries.

20         (h)  Provide information related to certification

21  procedures.

22         (i)  Develop and sponsor the Florida Future Educator of

23  America Program throughout the state.

24         (j)  Develop, in consultation with school district

25  staff including, but not limited to, district school

26  superintendents, district school board members, and district

27  human resources personnel, a long-range plan for educator

28  recruitment and retention.

29         (k)  Identify best practices for retaining high-quality

30  teachers.

31  


                                 1293

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (l)  Develop, in consultation with Workforce Florida,

 2  Inc., and the Agency for Workforce Innovation, created

 3  pursuant to ss. 445.004 and 20.50, respectively, a plan for

 4  accessing and identifying available resources in the state's

 5  workforce system for the purpose of enhancing teacher

 6  recruitment and retention.

 7         (3)  The Department of Education, in cooperation with

 8  district personnel offices, shall sponsor a job fair in a

 9  central part of the state to match in-state educators and

10  out-of-state educators with teaching opportunities in this

11  state.

12         Section 692.  Section 1012.06, Florida Statutes, is

13  created to read:

14         1012.06  Temporary assignment of professional staff

15  among K-20 system.--To facilitate economical and effective use

16  of professional staff, school districts, public postsecondary

17  educational institutions, and the Department of Education may

18  enter into written agreements assigning employees among

19  themselves.  The purpose of the temporary assignment is to

20  bring staff together within the state system of education,

21  notwithstanding their current places of assignment or agencies

22  of employment, who possess specific or unique knowledge or

23  experience especially suited to solving specific problems,

24  developing new programs, or providing technical assistance on

25  specific tasks or programs.

26         (1)  A person may be temporarily assigned for whatever

27  period of time is required for a specific task; however, no

28  assignment may be for a period of more than 2 years.

29         (2)  A person on temporary assignment shall be

30  considered on temporary assignment duty to regular work

31  assignments of the sending agency; shall be entitled to all


                                 1294

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  benefits to which the person would otherwise be entitled,

 2  including compensation for injury or disability; shall receive

 3  the same salary and benefits as at the person's regular

 4  assignment; and shall remain an employee of the permanent

 5  employer for all purposes, except that the person shall be

 6  supervised by the agency to which assigned. Payment of such

 7  salary and benefits may be made by either agency as provided

 8  in the assignment agreement.

 9         (3)  Travel and per diem expenses incurred while a

10  person is on temporary assignment shall be paid by the agency

11  to which the person is assigned.  Round-trip travel and moving

12  expenses from the person's permanent location to the temporary

13  assignment may be paid by either agency, as provided in the

14  assignment agreement, for any assignment in excess of 3

15  months. Notwithstanding s. 112.061 to the contrary, a person

16  may be paid per diem expenses for any temporary assignment of

17  3 months or less.

18         Section 693.  Section 1012.07, Florida Statutes, is

19  created to read:

20         1012.07  Identification of critical teacher shortage

21  areas.--

22         (1)  As used in ss. 1009.57, 1009.58, and 1009.59, the

23  term "critical teacher shortage area" applies to mathematics,

24  science, career education, and high priority location areas.

25  The State Board of Education may identify career education

26  programs having critical teacher shortages. The State Board of

27  Education shall adopt rules pursuant to ss. 120.536(1) and

28  120.54, necessary to annually identify other critical teacher

29  shortage areas and high priority location areas. The state

30  board shall also consider teacher characteristics such as

31  ethnic background, race, and sex in determining critical


                                 1295

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  teacher shortage areas. School grade levels may also be

 2  designated critical teacher shortage areas. Individual

 3  district school boards may identify other critical teacher

 4  shortage areas. Such shortages must be certified to and

 5  approved by the State Board of Education. High priority

 6  location areas shall be in high-density, low-economic urban

 7  schools and low-density, low-economic rural schools and shall

 8  include schools which meet criteria which include, but are not

 9  limited to, the percentage of free lunches, the percentage of

10  students under Chapter I of the Education Consolidation and

11  Improvement Act of 1981, and the faculty attrition rate.

12         (2)  This section shall be implemented only to the

13  extent as specifically funded and authorized by law.

14         Section 694.  Part III of chapter 1012, Florida

15  Statutes, shall be entitled "Public Schools; Personnel" and

16  shall consist of ss. 1012.21-1012.799.

17         Section 695.  Part III.a. of chapter 1012, Florida

18  Statutes, shall be entitled "Department of Education, District

19  School Board, District School Superintendent, and School

20  Principal Duties; Public School Personnel" and shall consist

21  of ss. 1012.21-1012.28.

22         Section 696.  Section 1012.21, Florida Statutes, is

23  created to read:

24         1012.21  Department of Education duties; K-12

25  personnel.--

26         (1)  PERIODIC CRIMINAL HISTORY RECORD CHECKS.--In

27  cooperation with the Florida Department of Law Enforcement,

28  the Department of Education may periodically perform criminal

29  history record checks on individuals who hold a certificate

30  pursuant to s. 1012.56 or s. 1012.57.

31  


                                 1296

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (2)  COMPUTER DATABASE OF CERTAIN PERSONS WHOSE

 2  EMPLOYMENT WAS TERMINATED.--

 3         (a)  The Department of Education shall establish a

 4  computer database containing the names of persons whose

 5  employment is terminated under s. 1012.33(1)(a) or (4)(c),

 6  which information shall be available to the district school

 7  superintendents and their designees.

 8         (b)  Each district school superintendent shall report

 9  to the Department of Education the name of any person

10  terminated under s. 1012.33(1)(a) or (4)(c) within 10 working

11  days after the date of final action by the district school

12  board on the termination, and the department shall immediately

13  enter the information in the computer records.

14         (3)  SUSPENSION OR DENIAL OF TEACHING CERTIFICATE DUE

15  TO CHILD SUPPORT DELINQUENCY.--The Department of Education

16  shall allow applicants for new or renewal certificates and

17  renewal certificateholders to be screened by the Title IV-D

18  child support agency pursuant to s. 409.2598 to assure

19  compliance with an obligation for support, as defined in s.

20  409.2554.  The purpose of this section is to promote the

21  public policy of this state as established in s. 409.2551.

22  The department shall, when directed by the court, deny the

23  application of any applicant found to have a delinquent

24  support obligation. The department shall issue or reinstate

25  the certificate without additional charge to the

26  certificateholder when notified by the court that the

27  certificateholder has complied with the terms of the court

28  order.  The department shall not be held liable for any

29  certificate denial or suspension resulting from the discharge

30  of its duties under this section.

31  


                                 1297

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (4)  CONFERENCES OF PUBLIC SCHOOL PERSONNEL.--As a

 2  means of stimulating the professional improvement of personnel

 3  in service, the Department of Education may call conferences

 4  of personnel of the public schools on matters relating solely

 5  to education, which conferences, if held on a school day

 6  within the period of time covered by a contract, shall be

 7  attended with pay by all who may be designated in the call of

 8  the Department of Education, provided that the call of the

 9  Department of Education may indicate that attendance is

10  optional, and that in any case of those absent from their

11  usual duties during the time of the conference, only those

12  actually in attendance at the conference shall be entitled to

13  pay for time covered by the conference.

14         (5)  SCHOOL-RELATED EMPLOYEE OF THE YEAR PROGRAM.--The

15  Department of Education shall, by rule, provide for a

16  School-Related Employee of the Year Program.  In addition to

17  any other provision, the department shall include in such

18  rules that:

19         (a)  The program shall apply to school-related

20  employees.

21         (b)  The program shall be modeled after the Teacher of

22  the Year Program.

23         (c)  One school-related employee of the year shall be

24  nominated by each district school board in the state.

25         (d)  A selection process shall be instituted to select

26  the school-related employee of the year so that the top five

27  finalists receive awards under the program.

28         Section 697.  Effective upon this act becoming a law,

29  section 1012.22, Florida Statutes, is created to read:

30         1012.22  Public school personnel; powers and duties of

31  the district school board.--The district school board shall:


                                 1298

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (1)  Designate positions to be filled, prescribe

 2  qualifications for those positions, and provide for the

 3  appointment, compensation, promotion, suspension, and

 4  dismissal of employees as follows, subject to the requirements

 5  of this chapter:

 6         (a)  Positions, qualifications, and appointments.--

 7         1.  The district school board shall act upon written

 8  recommendations submitted by the district school

 9  superintendent for positions to be filled, for minimum

10  qualifications for personnel for the various positions, and

11  for the persons nominated to fill such positions.

12         2.  The district school board may reject for good cause

13  any employee nominated.

14         3.  If the third nomination by the district school

15  superintendent for any position is rejected for good cause, if

16  the district school superintendent fails to submit a

17  nomination for initial employment within a reasonable time as

18  prescribed by the district school board, or if the district

19  school superintendent fails to submit a nomination for

20  reemployment within the time prescribed by law, the district

21  school board may proceed on its own motion to fill such

22  position.

23         4.  The district school board's decision to reject a

24  person's nomination does not give that person a right of

25  action to sue over the rejection and may not be used as a

26  cause of action by the nominated employee.

27         (b)  Time to act on nominations.--The district school

28  board shall act not later than 3 weeks after the end of the

29  regular legislative session or May 31, whichever is later, on

30  the district school superintendent's nominations of

31  


                                 1299

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  supervisors, principals, and members of the instructional

 2  staff.

 3         (c)  Compensation and salary schedules.--

 4         1.  The district school board shall adopt a salary

 5  schedule or salary schedules designed to furnish incentives

 6  for improvement in training and for continued efficient

 7  service to be used as a basis for paying all school employees

 8  and fix and authorize the compensation of school employees on

 9  the basis thereof.

10         2.  A district school board, in determining the salary

11  schedule for instructional personnel, must base a portion of

12  each employee's compensation on performance demonstrated under

13  s. 1012.34, must consider the prior teaching experience of a

14  person who has been designated state teacher of the year by

15  any state in the United States, and must consider prior

16  professional experience in the field of education gained in

17  positions in addition to district level instructional and

18  administrative positions.

19         3.  In developing the salary schedule, the district

20  school board shall seek input from parents, teachers, and

21  representatives of the business community.

22         4.  Beginning with the 2002-2003 fiscal year, each

23  district school board must adopt a performance-pay policy for

24  school administrators and instructional personnel. The

25  district's performance-pay policy is subject to negotiation as

26  provided in chapter 447; however, the adopted salary schedule

27  must allow school administrators and instructional personnel

28  who demonstrate outstanding performance, as measured under s.

29  1012.34, to earn a 5-percent supplement in addition to their

30  individual, negotiated salary. The supplements shall be funded

31  from the performance-pay reserve funds adopted in the salary


                                 1300

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  schedule. The Commissioner of Education shall determine

 2  whether the district school board's adopted salary schedule

 3  complies with the requirement for performance-based pay. If

 4  the district school board fails to comply with this section,

 5  the commissioner shall withhold disbursements from the

 6  Educational Enhancement Trust Fund to the district until

 7  compliance is verified.

 8         (d)  Contracts and terms of service.--The district

 9  school board shall provide written contracts for all regular

10  members of the instructional staff.

11         (e)  Transfer and promotion.--The district school board

12  shall act on recommendations of the district school

13  superintendent regarding transfer and promotion of any

14  employee.

15         (f)  Suspension, dismissal, and return to annual

16  contract status.--The district school board shall suspend,

17  dismiss, or return to annual contract members of the

18  instructional staff and other school employees; however, no

19  administrative assistant, supervisor, principal, teacher, or

20  other member of the instructional staff may be discharged,

21  removed, or returned to annual contract except as provided in

22  this chapter.

23         (g)  Awards and incentives.--The district school board

24  shall provide for recognition of district employees, students,

25  school volunteers, and advisory committee members who have

26  contributed outstanding and meritorious service in their

27  fields or service areas. After considering recommendations of

28  the district school superintendent, the district school board

29  shall adopt rules establishing and regulating the meritorious

30  service awards necessary for the efficient operation of the

31  program. An award or incentive granted under this paragraph


                                 1301

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  may not be considered in determining the salary schedules

 2  required by paragraph (c). Monetary awards shall be limited to

 3  persons who propose procedures or ideas adopted by the board

 4  which will result in eliminating or reducing district school

 5  board expenditures or improving district or school center

 6  operations. Nonmonetary awards shall include, but are not

 7  limited to, certificates, plaques, medals, ribbons, and

 8  photographs. The district school board may expend funds for

 9  such recognition and awards. No award granted under this

10  paragraph shall exceed $2,000 or 10 percent of the first

11  year's gross savings, whichever is greater.

12         (h)  Planning and training time for teachers.--The

13  district school board may adopt rules to make provisions for

14  teachers to have time for lunch and some planning and training

15  time when they will not be directly responsible for the

16  children, provided that some adult supervision shall be

17  furnished for the students during such periods.

18         (i)  Comprehensive program of staff development.--The

19  district school board shall establish a comprehensive program

20  of staff development.

21         (2)  Adopt policies relating to personnel leave as

22  follows:

23         (a)  Annual leave.--The district school board may adopt

24  rules that provide for the earning of annual leave by

25  employees, including educational support employees, who are

26  employed for 12 calendar months a year.

27         (b)  Sick leave.--The district school board may adopt

28  rules relating to sick leave, in accordance with the

29  provisions of this chapter.

30         (c)  Illness-in-line-of-duty leave.--The district

31  school board may adopt rules relating to


                                 1302

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  illness-in-the-line-of-duty leave, in accordance with the

 2  provisions of this chapter.

 3         (d)  Sabbatical leave.--The district school board may

 4  adopt rules relating to sabbatical leave, in accordance with

 5  the provisions of this chapter.

 6         Section 698.  Section 1012.23, Florida Statutes, is

 7  created to read:

 8         1012.23  School district personnel policies.--

 9         (1)  Except as otherwise provided by law or the State

10  Constitution, district school boards may adopt rules governing

11  personnel matters, including the assignment of duties and

12  responsibilities for all district employees.

13         (2)  A district school board member may not employ or

14  appoint a relative, as defined in s. 112.3135, to work under

15  the direct supervision of that district school board member.

16         Section 699.  Section 1012.24, Florida Statutes, is

17  created to read:

18         1012.24  Employment and compensation of instructional

19  personnel during specific emergencies.--In the event of an

20  epidemic, strike, mass walkout, substantial numbers of teacher

21  resignations, or other urgent condition, a district school

22  board upon recommendation of the district school

23  superintendent may find and declare that an emergency exists

24  because there is not a sufficient number of certified teachers

25  to continue the normal operation of the schools within the

26  district.  In said event the district school board may upon

27  recommendation of the district school superintendent employ,

28  contract with, and compensate for instructional services

29  rendered any person who shall be deemed qualified by

30  regulations of the district school board.  In such event, a

31  


                                 1303

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  state certificate to teach shall not be required for such

 2  employment, contract, or compensation.

 3         Section 700.  Section 1012.25, Florida Statutes, is

 4  created to read:

 5         1012.25  School officers to turn over money and

 6  property to successors.--Every school officer shall turn over

 7  to his or her successor or successors in office, on retiring,

 8  all books, papers, documents, records, funds, money, and

 9  property of whatever kind which the officer may have acquired,

10  received, and held by virtue of his or her office and shall

11  take full receipt for them from his or her successor and shall

12  make in correct form all reports required by the state. No

13  school officer who receives any salary or compensation for his

14  or her services shall be entitled to be paid or compensated

15  for the last month served until the provisions of this section

16  have been fully observed.  Any person violating the provisions

17  of this section shall forfeit his or her compensation for the

18  last month served and commits a misdemeanor of the second

19  degree, punishable as provided in s. 775.082 or s. 775.083.

20         Section 701.  Section 1012.26, Florida Statutes, is

21  created to read:

22         1012.26  Legal services for employees; reimbursement

23  for judgments in civil actions.--Each district school board

24  may provide legal services for officers and employees of the

25  school board who are charged with civil or criminal actions

26  arising out of and in the course of the performance of

27  assigned duties and responsibilities.  The district school

28  board shall provide for reimbursement of reasonable expenses

29  for legal services for officers and employees of school boards

30  who are charged with civil or criminal actions arising out of

31  and in the course of the performance of assigned duties and


                                 1304

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  responsibilities upon successful defense by the employee or

 2  officer. However, in any case in which the officer or employee

 3  pleads guilty or nolo contendere or is found guilty of any

 4  such action, the officer or employee shall reimburse the

 5  district school board for any legal services which the school

 6  board may have supplied pursuant to this section.  A district

 7  school board may also reimburse an officer or employee of the

 8  school board for any judgment which may be entered against him

 9  or her in a civil action arising out of and in the course of

10  the performance of his or her assigned duties and

11  responsibilities.  Each expenditure by a district school board

12  for legal defense of an officer or employee, or for

13  reimbursement pursuant to this section, shall be made at a

14  public meeting with notice pursuant to s. 120.525(1). The

15  provision of such legal services or reimbursement under the

16  conditions described above is declared to be a district school

17  purpose for which district school funds may be expended.

18         Section 702.  Section 1012.27, Florida Statutes, is

19  created to read:

20         1012.27  Public school personnel; powers and duties of

21  district school superintendent.--The district school

22  superintendent shall be responsible, as required herein, for

23  directing the work of the personnel, subject to the

24  requirements of this chapter, and in addition the district

25  school superintendent shall have the following duties:

26         (1)  POSITIONS, QUALIFICATIONS, AND NOMINATIONS.--

27         (a)  Recommend to the district school board duties and

28  responsibilities which need to be performed and positions

29  which need to be filled to make possible the development of an

30  adequate school program in the district.

31  


                                 1305

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  Recommend minimum qualifications of personnel for

 2  these various positions, and nominate in writing persons to

 3  fill such positions.

 4  

 5  The district school superintendent's recommendations for

 6  filling instructional positions at the school level must

 7  consider nominations received from school principals of the

 8  respective schools. Before transferring a teacher who holds a

 9  professional teaching certificate from one school to another,

10  the district school superintendent shall consult with the

11  principal of the receiving school and allow the principal to

12  review the teacher's records and interview the teacher. If, in

13  the judgment of the principal, students would not benefit from

14  the placement, an alternative placement may be sought.

15         (2)  COMPENSATION AND SALARY SCHEDULES.--Prepare and

16  recommend to the district school board for adoption a salary

17  schedule or salary schedules. The district school

18  superintendent must recommend a salary schedule for

19  instructional personnel which bases a portion of each

20  employee's compensation on performance demonstrated under s.

21  1012.34. In developing the recommended salary schedule, the

22  district school superintendent shall include input from

23  parents, teachers, and representatives of the business

24  community.

25         (3)  CONTRACTS AND TERMS OF SERVICE.--Recommend to the

26  district school board terms for contracting with employees and

27  prepare such contracts as are approved.

28         (4)  TRANSFER AND PROMOTIONS.--Recommend employees for

29  transfer and transfer any employee during any emergency and

30  report the transfer to the district school board at its next

31  regular meeting.


                                 1306

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (5)  SUSPENSION AND DISMISSAL.--Suspend members of the

 2  instructional staff and other school employees during

 3  emergencies for a period extending to and including the day of

 4  the next regular or special meeting of the district school

 5  board and notify the district school board immediately of such

 6  suspension. When authorized to do so, serve notice on the

 7  suspended member of the instructional staff of charges made

 8  against him or her and of the date of hearing. Recommend

 9  employees for dismissal under the terms prescribed herein.

10         (6)  DIRECT WORK OF EMPLOYEES AND SUPERVISE

11  INSTRUCTION.--Direct or arrange for the proper direction and

12  improvement, under rules of the district school board, of the

13  work of all members of the instructional staff and other

14  employees of the district school system, supervise or arrange

15  under rules of the district school board for the supervision

16  of instruction in the district, and take such steps as are

17  necessary to bring about continuous improvement.

18         Section 703.  Section 1012.28, Florida Statutes, is

19  created to read:

20         1012.28  Public school personnel; duties of school

21  principals.--

22         (1)  Public school principals shall supervise public

23  school personnel as the district school board determines

24  necessary.

25         (2)  The school principal is responsible for

26  recommending to the district school superintendent the

27  employment of instructional personnel to be assigned to the

28  school to which the principal is assigned.

29         (3)  Each school principal is responsible for the

30  performance of all personnel employed by the district school

31  board and assigned to the school to which the principal is


                                 1307

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  assigned. The school principal shall faithfully and

 2  effectively apply the personnel assessment system approved by

 3  the district school board pursuant to s. 1012.34.

 4         (4)  Each school principal shall assist the teachers

 5  within the school to use student assessment data, as measured

 6  by student learning gains pursuant to s. 1008.22, for

 7  self-evaluation.

 8         (5)  Each school principal shall perform such duties as

 9  may be assigned by the district school superintendent,

10  pursuant to the rules of the district school board. Such rules

11  shall include, but are not limited to, rules relating to

12  administrative responsibility, instructional leadership in

13  implementing the Sunshine State Standards and the overall

14  educational program of the school to which the school

15  principal is assigned, submission of personnel recommendations

16  to the district school superintendent, administrative

17  responsibility for records and reports, administration of

18  corporal punishment, and student suspension.

19         (6)  A school principal who fails to comply with this

20  section shall be ineligible for any portion the performance

21  pay policy incentive under s. 1012.22(1)(c).

22         Section 704.  Part III.b. of chapter 1012, Florida

23  Statutes, shall be entitled "Personnel Files, Qualifications,

24  Contracts, Assessments for Public Schools" and shall consist

25  of ss. 1012.31-1012.34.

26         Section 705.  Section 1012.31, Florida Statutes, is

27  created to read:

28         1012.31  Personnel files.--Public school system

29  employee personnel files shall be maintained according to the

30  following provisions:

31  


                                 1308

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (1)(a)  Except for materials pertaining to work

 2  performance or such other matters that may be cause for

 3  discipline, suspension, or dismissal under laws of this state,

 4  no derogatory materials relating to an employee's conduct,

 5  service, character, or personality shall be placed in the

 6  personnel file of such employee.

 7         (b)  No anonymous letter or anonymous materials shall

 8  be placed in the personnel file.

 9         (2)(a)  Materials relating to work performance,

10  discipline, suspension, or dismissal must be reduced to

11  writing and signed by a person competent to know the facts or

12  make the judgment.

13         (b)1.  No such materials may be placed in a personnel

14  file unless they have been reduced to writing within 45 days,

15  exclusive of the summer vacation period, of the school system

16  administration becoming aware of the facts reflected in the

17  materials.

18         2.  Additional information related to such written

19  materials previously placed in the file may be appended to

20  such materials to clarify or amplify them as needed.

21         (c)  A copy of such materials to be added to an

22  employee's personnel file shall be provided to the employee

23  either:

24         1.  By certified mail, return receipt requested, to his

25  or her address of record; or

26         2.  By personal delivery. The employee's signature on a

27  copy of the materials to be filed shall be proof that such

28  materials were given to the employee, with the understanding

29  that such signature merely signifies receipt and does not

30  necessarily indicate agreement with its contents.

31  


                                 1309

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (d)  An employee has the right to answer in writing any

 2  such materials in a personnel file on July 1, 1983, as well as

 3  any such materials filed thereafter, and the answer shall be

 4  attached to the file copy. An employee has the right to

 5  request that the district school superintendent or the

 6  superintendent's designee make an informal inquiry regarding

 7  material in the employee's personnel file which the employee

 8  believes to be false. The official who makes the inquiry shall

 9  append to the material a written report of his or her

10  findings.

11         (e)  Upon request, an employee, or any person

12  designated in writing by the employee, shall be permitted to

13  examine the personnel file of such employee.  The employee

14  shall be permitted conveniently to reproduce any materials in

15  the file, at a cost no greater than the fees prescribed in s.

16  119.07(1).

17         (f)  The custodian of the record shall maintain a

18  record in the file of those persons reviewing the file each

19  time it is reviewed.

20         (3)(a)  Public school system employee personnel files

21  are subject to the provisions of s. 119.07(1), except as

22  follows:

23         1.  Any complaint and any material relating to the

24  investigation of a complaint against an employee shall be

25  confidential and exempt from the provisions of s. 119.07(1)

26  until the conclusion of the preliminary investigation or until

27  such time as the preliminary investigation ceases to be

28  active.  If the preliminary investigation is concluded with

29  the finding that there is no probable cause to proceed further

30  and with no disciplinary action taken or charges filed, a

31  statement to that effect signed by the responsible


                                 1310

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  investigating official shall be attached to the complaint, and

 2  the complaint and all such materials shall be open thereafter

 3  to inspection pursuant to s. 119.07(1). If the preliminary

 4  investigation is concluded with the finding that there is

 5  probable cause to proceed further or with disciplinary action

 6  taken or charges filed, the complaint and all such materials

 7  shall be open thereafter to inspection pursuant to s.

 8  119.07(1). If the preliminary investigation ceases to be

 9  active, the complaint and all such materials shall be open

10  thereafter to inspection pursuant to s. 119.07(1). For the

11  purpose of this subsection, a preliminary investigation shall

12  be considered active as long as it is continuing with a

13  reasonable, good faith anticipation that an administrative

14  finding will be made in the foreseeable future. An

15  investigation shall be presumed to be inactive if no finding

16  relating to probable cause is made within 60 days after the

17  complaint is made.

18         2.  An employee evaluation prepared pursuant to s.

19  1012.56, s. 1012.34, or s. 1012.33 or rules adopted by the

20  State Board of Education or district school board under the

21  authority of those sections shall be confidential and exempt

22  from the provisions of s. 119.07(1) until the end of the

23  school year immediately following the school year in which the

24  evaluation was made. No evaluation prepared before July 1,

25  1983, shall be made public pursuant to this section.

26         3.  No material derogatory to an employee shall be open

27  to inspection until 10 days after the employee has been

28  notified pursuant to paragraph (2)(c).

29         4.  The payroll deduction records of an employee shall

30  be confidential and exempt from the provisions of s.

31  119.07(1).


                                 1311

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         5.  Employee medical records, including psychiatric and

 2  psychological records, shall be confidential and exempt from

 3  the provisions of s. 119.07(1); however, at any hearing

 4  relative to the competency or performance of an employee, the

 5  administrative law judge, hearing officer, or panel shall have

 6  access to such records.

 7         (b)  Notwithstanding other provisions of this

 8  subsection, all aspects of the personnel file of each employee

 9  shall be open to inspection at all times by district school

10  board members, the district school superintendent, and the

11  principal, or their respective designees, in the exercise of

12  their respective duties.

13         (c)  Notwithstanding other provisions of this

14  subsection, all aspects of the personnel file of each employee

15  shall be made available to law enforcement personnel in the

16  conduct of a lawful criminal investigation.

17         (4)  The term "personnel file," as used in this

18  section, means all records, information, data, or materials

19  maintained by a public school system, in any form or retrieval

20  system whatsoever, with respect to any of its employees, which

21  is uniquely applicable to that employee whether maintained in

22  one or more locations.

23         Section 706.  Section 1012.32, Florida Statutes, is

24  created to read:

25         1012.32  Qualifications of personnel.--

26         (1)  To be eligible for appointment in any position in

27  any district school system, a person shall be of good moral

28  character; shall have attained the age of 18 years, if he or

29  she is to be employed in an instructional capacity; and shall,

30  when required by law, hold a certificate or license issued

31  under rules of the State Board of Education or the Department


                                 1312

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  of Children and Family Services, except when employed pursuant

 2  to s. 1012.55 or under the emergency provisions of s. 1012.24.

 3  Previous residence in this state shall not be required in any

 4  school of the state as a prerequisite for any person holding a

 5  valid Florida certificate or license to serve in an

 6  instructional capacity.

 7         (2)(a)  Instructional and noninstructional personnel

 8  who are hired to fill positions requiring direct contact with

 9  students in any district school system or university lab

10  school shall, upon employment, file a complete set of

11  fingerprints taken by an authorized law enforcement officer or

12  an employee of the school or district who is trained to take

13  fingerprints. These fingerprints shall be submitted to the

14  Department of Law Enforcement for state processing and to the

15  Federal Bureau of Investigation for federal processing. The

16  new employees shall be on probationary status pending

17  fingerprint processing and determination of compliance with

18  standards of good moral character. Employees found through

19  fingerprint processing to have been convicted of a crime

20  involving moral turpitude shall not be employed in any

21  position requiring direct contact with students.  Probationary

22  employees terminated because of their criminal record shall

23  have the right to appeal such decisions. The cost of the

24  fingerprint processing may be borne by the district school

25  board or the employee.

26         (b)  Personnel who have been fingerprinted or screened

27  pursuant to this subsection and who have not been unemployed

28  for more than 90 days shall not be required to be

29  refingerprinted or rescreened in order to comply with the

30  requirements of this subsection.

31  


                                 1313

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 707.  Section 1012.33, Florida Statutes, is

 2  created to read:

 3         1012.33  Contracts with instructional staff,

 4  supervisors, and school principals.--

 5         (1)(a)  Each person employed as a member of the

 6  instructional staff in any district school system shall be

 7  properly certified pursuant to s. 1012.56 or s. 1012.57 or

 8  employed pursuant to s. 1012.39 and shall be entitled to and

 9  shall receive a written contract as specified in chapter 230.

10  All such contracts, except continuing contracts as specified

11  in subsection (4), shall contain provisions for dismissal

12  during the term of the contract only for just cause. Just

13  cause includes, but is not limited to, the following

14  instances, as defined by rule of the State Board of Education:

15  misconduct in office, incompetency, gross insubordination,

16  willful neglect of duty, or conviction of a crime involving

17  moral turpitude.

18         (b)  A supervisor or school principal shall be properly

19  certified and shall receive a written contract as specified in

20  chapter 1001. Such contract may be for an initial period not

21  to exceed 3 years, subject to annual review and renewal. The

22  first 97 days of an initial contract is a probationary period.

23  During the probationary period, the employee may be dismissed

24  without cause or may resign from the contractual position

25  without breach of contract. After the first 3 years, the

26  contract may be renewed for a period not to exceed 3 years and

27  shall contain provisions for dismissal during the term of the

28  contract only for just cause, in addition to such other

29  provisions as are prescribed by the district school board.

30         (2)  Any person so employed on the basis of a written

31  offer of a specific position by a duly authorized agent of the


                                 1314

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  district school board for a stated term of service at a

 2  specified salary, and who accepted such offer by telegram or

 3  letter or by signing the regular contract form, who violates

 4  the terms of such contract or agreement by leaving his or her

 5  position without first being released from his or her contract

 6  or agreement by the district school board of the district in

 7  which the person is employed shall be subject to the

 8  jurisdiction of the Education Practices Commission.  The

 9  district school board shall take official action on such

10  violation and shall furnish a copy of its official minutes to

11  the Commissioner of Education.

12         (3)(a)  Each district school board shall provide a

13  professional service contract as prescribed herein.  Each

14  member of the instructional staff who completed the following

15  requirements prior to July 1, 1984, shall be entitled to and

16  shall be issued a continuing contract in the form prescribed

17  by rules of the state board pursuant to s. 231.36, Florida

18  Statutes (1981). Each member of the instructional staff who

19  completes the following requirements on or after July 1, 1984,

20  shall be entitled to and shall be issued a professional

21  service contract in the form prescribed by rules of the state

22  board as provided herein:

23         1.  The member must hold a professional certificate as

24  prescribed by s. 1012.56 and rules of the State Board of

25  Education.

26         2.  The member must have completed 3 years of

27  probationary service in the district during a period not in

28  excess of 5 successive years, except for leave duly authorized

29  and granted.

30         3.  The member must have been recommended by the

31  district school superintendent for such contract and


                                 1315

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  reappointed by the district school board based on successful

 2  performance of duties and demonstration of professional

 3  competence.

 4         4.  For any person newly employed as a member of the

 5  instructional staff after June 30, 1997, the initial annual

 6  contract shall include a 97-day probationary period during

 7  which time the employee's contract may be terminated without

 8  cause or the employee may resign without breach of contract.

 9         (b)  The professional service contract shall be

10  effective at the beginning of the school fiscal year following

11  the completion of all requirements therefor.

12         (c)  The period of service provided herein may be

13  extended to 4 years when prescribed by the district school

14  board and agreed to in writing by the employee at the time of

15  reappointment.

16         (d)  A district school board may issue a continuing

17  contract prior to July 1, 1984, and may issue a professional

18  service contract subsequent to July 1, 1984, to any employee

19  who has previously held a professional service contract or

20  continuing contract in the same or another district within

21  this state.  Any employee who holds a continuing contract may,

22  but is not required to, exchange such continuing contract for

23  a professional service contract in the same district.

24         (e)  A professional service contract shall be renewed

25  each year unless the district school superintendent, after

26  receiving the recommendations required by s. 1012.34, charges

27  the employee with unsatisfactory performance and notifies the

28  employee of performance deficiencies as required by s.

29  1012.34. An employee who holds a professional service contract

30  on July 1, 1997, is subject to the procedures set forth in

31  paragraph (f) during the term of the existing professional


                                 1316

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  service contract. The employee is subject to the procedures

 2  set forth in s. 1012.34(3)(d) upon the next renewal of the

 3  professional service contract; however, if the employee is

 4  notified of performance deficiencies before the next contract

 5  renewal date, the procedures of s. 1012.34(3)(d) do not apply

 6  until the procedures set forth in paragraph (f) have been

 7  exhausted and the professional service contract is

 8  subsequently renewed.

 9         (f)  The district school superintendent shall notify an

10  employee who holds a professional service contract on July 1,

11  1997, in writing, no later than 6 weeks prior to the end of

12  the postschool conference period, of performance deficiencies

13  which may result in termination of employment, if not

14  corrected during the subsequent year of employment (which

15  shall be granted for an additional year in accordance with the

16  provisions in subsection (1)). Except as otherwise hereinafter

17  provided, this action shall not be subject to the provisions

18  of chapter 120, but the following procedures shall apply:

19         1.  On receiving notice of unsatisfactory performance,

20  the employee, on request, shall be accorded an opportunity to

21  meet with the district school superintendent, or his or her

22  designee, for an informal review of the determination of

23  unsatisfactory performance.

24         2.  An employee notified of unsatisfactory performance

25  may request an opportunity to be considered for a transfer to

26  another appropriate position, with a different supervising

27  administrator, for the subsequent year of employment. If the

28  request for the transfer is granted, the district school

29  superintendent shall annually report to the department the

30  total number of employees transferred pursuant to this

31  subparagraph, where they were transferred, and what, if any,


                                 1317

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  remediation was implemented to remediate the unsatisfactory

 2  performance.

 3         3.  During the subsequent year, the employee shall be

 4  provided assistance and inservice training opportunities to

 5  help correct the noted performance deficiencies.  The employee

 6  shall also be evaluated periodically so that he or she will be

 7  kept apprised of progress achieved.

 8         4.  Not later than 6 weeks prior to the close of the

 9  postschool conference period of the subsequent year, the

10  district school superintendent, after receiving and reviewing

11  the recommendation required by s. 1012.34, shall notify the

12  employee, in writing, whether the performance deficiencies

13  have been corrected. If so, a new professional service

14  contract shall be issued to the employee. If the performance

15  deficiencies have not been corrected, the district school

16  superintendent may notify the district school board and the

17  employee, in writing, that the employee shall not be issued a

18  new professional service contract; however, if the

19  recommendation of the district school superintendent is not to

20  issue a new professional service contract, and if the employee

21  wishes to contest such recommendation, the employee will have

22  15 days from receipt of the district school superintendent's

23  recommendation to demand, in writing, a hearing. In such

24  hearing, the employee may raise as an issue, among other

25  things, the sufficiency of the district school

26  superintendent's charges of unsatisfactory performance. Such

27  hearing shall be conducted at the district school board's

28  election in accordance with one of the following procedures:

29         a.  A direct hearing conducted by the district school

30  board within 60 days of receipt of the written appeal. The

31  hearing shall be conducted in accordance with the provisions


                                 1318

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  of ss. 120.569 and 120.57. A majority vote of the membership

 2  of the district school board shall be required to sustain the

 3  district school superintendent's recommendation. The

 4  determination of the district school board shall be final as

 5  to the sufficiency or insufficiency of the grounds for

 6  termination of employment; or

 7         b.  A hearing conducted by an administrative law judge

 8  assigned by the Division of Administrative Hearings of the

 9  Department of Management Services. The hearing shall be

10  conducted within 60 days of receipt of the written appeal in

11  accordance with chapter 120. The recommendation of the

12  administrative law judge shall be made to the district school

13  board.  A majority vote of the membership of the district

14  school board shall be required to sustain or change the

15  administrative law judge's recommendation. The determination

16  of the district school board shall be final as to the

17  sufficiency or insufficiency of the grounds for termination of

18  employment.

19         (g)  Beginning July 1, 2001, for each employee who

20  enters into a written contract, pursuant to this section, in a

21  school district in which the employee was not employed as of

22  June 30, 2001, for purposes of pay, a district school board

23  must recognize and accept each year of full-time public school

24  teaching service earned in the State of Florida or outside the

25  state and for which the employee received a satisfactory

26  performance evaluation. Instructional personnel employed

27  pursuant to s. 121.091(9)(b)3. are exempt from the provisions

28  of this paragraph.

29         (4)(a)  An employee who had continuing contract status

30  prior to July 1, 1984, shall be entitled to retain such

31  contract and all rights arising therefrom as prescribed by


                                 1319

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  rules of the State Board of Education adopted pursuant to s.

 2  231.36, Florida Statutes (1981), unless the employee

 3  voluntarily relinquishes his or her continuing contract.

 4         (b)  Any member of the district administrative or

 5  supervisory staff and any member of the instructional staff,

 6  including any school principal, who is under continuing

 7  contract may be dismissed or may be returned to annual

 8  contract status for another 3 years in the discretion of the

 9  district school board, at the end of the school year, when a

10  recommendation to that effect is submitted in writing to the

11  district school board on or before April 1 of any school year,

12  giving good and sufficient reasons therefor, by the district

13  school superintendent, by the school principal if his or her

14  contract is not under consideration, or by a majority of the

15  district school board. The employee whose contract is under

16  consideration shall be duly notified in writing by the party

17  or parties preferring the charges at least 5 days prior to the

18  filing of the written recommendation with the district school

19  board, and such notice shall include a copy of the charges and

20  the recommendation to the district school board. The district

21  school board shall proceed to take appropriate action. Any

22  decision adverse to the employee shall be made by a majority

23  vote of the full membership of the district school board. Any

24  such decision adverse to the employee may be appealed by the

25  employee pursuant to s. 120.68.

26         (c)  Any member of the district administrative or

27  supervisory staff and any member of the instructional staff,

28  including any school principal, who is under continuing

29  contract may be suspended or dismissed at any time during the

30  school year; however, the charges against him or her must be

31  based on immorality, misconduct in office, incompetency, gross


                                 1320

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  insubordination, willful neglect of duty, drunkenness, or

 2  conviction of a crime involving moral turpitude, as these

 3  terms are defined by rule of the State Board of Education.

 4  Whenever such charges are made against any such employee of

 5  the district school board, the district school board may

 6  suspend such person without pay; but, if the charges are not

 7  sustained, he or she shall be immediately reinstated, and his

 8  or her back salary shall be paid. In cases of suspension by

 9  the district school board or by the district school

10  superintendent, the district school board shall determine upon

11  the evidence submitted whether the charges have been sustained

12  and, if the charges are sustained, shall determine either to

13  dismiss the employee or fix the terms under which he or she

14  may be reinstated. If such charges are sustained by a majority

15  vote of the full membership of the district school board and

16  such employee is discharged, his or her contract of employment

17  shall be thereby canceled. Any such decision adverse to the

18  employee may be appealed by the employee pursuant to s.

19  120.68, provided such appeal is filed within 30 days after the

20  decision of the district school board.

21         (5)  Should a district school board have to choose from

22  among its personnel who are on continuing contracts or

23  professional service contracts as to which should be retained,

24  such decisions shall be made pursuant to the terms of a

25  collectively bargained agreement, when one exists. If no such

26  agreement exists, the district school board shall prescribe

27  rules to handle reductions in workforce.

28         (6)(a)  Any member of the instructional staff,

29  excluding an employee specified in subsection (4), may be

30  suspended or dismissed at any time during the term of the

31  contract for just cause as provided in paragraph (1)(a). The


                                 1321

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  district school board must notify the employee in writing

 2  whenever charges are made against the employee and may suspend

 3  such person without pay; but, if the charges are not

 4  sustained, the employee shall be immediately reinstated, and

 5  his or her back salary shall be paid. If the employee wishes

 6  to contest the charges, the employee must, within 15 days

 7  after receipt of the written notice, submit a written request

 8  for a hearing. Such hearing shall be conducted at the district

 9  school board's election in accordance with one of the

10  following procedures:

11         1.  A direct hearing conducted by the district school

12  board within 60 days after receipt of the written appeal. The

13  hearing shall be conducted in accordance with the provisions

14  of ss. 120.569 and 120.57. A majority vote of the membership

15  of the district school board shall be required to sustain the

16  district school superintendent's recommendation. The

17  determination of the district school board shall be final as

18  to the sufficiency or insufficiency of the grounds for

19  termination of employment; or

20         2.  A hearing conducted by an administrative law judge

21  assigned by the Division of Administrative Hearings of the

22  Department of Management Services. The hearing shall be

23  conducted within 60 days after receipt of the written appeal

24  in accordance with chapter 120. The recommendation of the

25  administrative law judge shall be made to the district school

26  board. A majority vote of the membership of the district

27  school board shall be required to sustain or change the

28  administrative law judge's recommendation. The determination

29  of the district school board shall be final as to the

30  sufficiency or insufficiency of the grounds for termination of

31  employment.


                                 1322

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  

 2  Any such decision adverse to the employee may be appealed by

 3  the employee pursuant to s. 120.68, provided such appeal is

 4  filed within 30 days after the decision of the district school

 5  board.

 6         (b)  Any member of the district administrative or

 7  supervisory staff, including any principal but excluding an

 8  employee specified in subsection (4), may be suspended or

 9  dismissed at any time during the term of the contract;

10  however, the charges against him or her must be based on

11  immorality, misconduct in office, incompetency, gross

12  insubordination, willful neglect of duty, drunkenness, or

13  conviction of any crime involving moral turpitude, as these

14  terms are defined by rule of the State Board of Education.

15  Whenever such charges are made against any such employee of

16  the district school board, the district school board may

17  suspend the employee without pay; but, if the charges are not

18  sustained, he or she shall be immediately reinstated, and his

19  or her back salary shall be paid. In cases of suspension by

20  the district school board or by the district school

21  superintendent, the district school board shall determine upon

22  the evidence submitted whether the charges have been sustained

23  and, if the charges are sustained, shall determine either to

24  dismiss the employee or fix the terms under which he or she

25  may be reinstated.  If such charges are sustained by a

26  majority vote of the full membership of the district school

27  board and such employee is discharged, his or her contract of

28  employment shall be thereby canceled. Any such decision

29  adverse to the employee may be appealed by him or her pursuant

30  to s. 120.68, provided such appeal is filed within 30 days

31  after the decision of the district school board.


                                 1323

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (7)  The district school board of any given district

 2  shall grant continuing service credit for time spent

 3  performing duties as a member of the Legislature to any

 4  district employee who possesses a professional service

 5  contract, multiyear contract, or continuing contract.

 6         (8)  Notwithstanding any other provision of law, any

 7  member who has retired may interrupt retirement and be

 8  reemployed in any public school. Any member so reemployed by

 9  the same district from which he or she retired may be employed

10  on a probationary contractual basis as provided in subsection

11  (1); however, no regular retirement employee shall be eligible

12  to renew membership under a retirement system created by

13  chapter 121 or chapter 238.

14         Section 708.  Section 1012.34, Florida Statutes, is

15  created to read:

16         1012.34  Assessment procedures and criteria.--

17         (1)  For the purpose of improving the quality of

18  instructional, administrative, and supervisory services in the

19  public schools of the state, the district school

20  superintendent shall establish procedures for assessing the

21  performance of duties and responsibilities of all

22  instructional, administrative, and supervisory personnel

23  employed by the school district. The Department of Education

24  must approve each district's instructional personnel

25  assessment system.

26         (2)  The following conditions must be considered in the

27  design of the district's instructional personnel assessment

28  system:

29         (a)  The system must be designed to support district

30  and school level improvement plans.

31  


                                 1324

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  The system must provide appropriate instruments,

 2  procedures, and criteria for continuous quality improvement of

 3  the professional skills of instructional personnel.

 4         (c)  The system must include a mechanism to give

 5  parents an opportunity to provide input into employee

 6  performance assessments when appropriate.

 7         (d)  In addition to addressing generic teaching

 8  competencies, districts must determine those teaching fields

 9  for which special procedures and criteria will be developed.

10         (e)  Each district school board may establish a peer

11  assistance process. The plan may provide a mechanism for

12  assistance of persons who are placed on performance probation

13  as well as offer assistance to other employees who request it.

14         (f)  The district school board shall provide training

15  programs that are based upon guidelines provided by the

16  Department of Education to ensure that all individuals with

17  evaluation responsibilities understand the proper use of the

18  assessment criteria and procedures.

19         (3)  The assessment procedure for instructional

20  personnel and school administrators must be primarily based on

21  the performance of students assigned to their classrooms or

22  schools, as appropriate. The procedures must comply with, but

23  are not limited to, the following requirements:

24         (a)  An assessment must be conducted for each employee

25  at least once a year. The assessment must be based upon sound

26  educational principles and contemporary research in effective

27  educational practices. The assessment must primarily use data

28  and indicators of improvement in student performance assessed

29  annually as specified in s. 1008.22 and may consider results

30  of peer reviews in evaluating the employee's performance.

31  Student performance must be measured by state assessments


                                 1325

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  required under s. 1008.22 and by local assessments for

 2  subjects and grade levels not measured by the state assessment

 3  program. The assessment criteria must include, but are not

 4  limited to, indicators that relate to the following:

 5         1.  Performance of students.

 6         2.  Ability to maintain appropriate discipline.

 7         3.  Knowledge of subject matter. The district school

 8  board shall make special provisions for evaluating teachers

 9  who are assigned to teach out-of-field.

10         4.  Ability to plan and deliver instruction, including

11  the use of technology in the classroom.

12         5.  Ability to evaluate instructional needs.

13         6.  Ability to establish and maintain a positive

14  collaborative relationship with students' families to increase

15  student achievement.

16         7.  Other professional competencies, responsibilities,

17  and requirements as established by rules of the State Board of

18  Education and policies of the district school board.

19         (b)  All personnel must be fully informed of the

20  criteria and procedures associated with the assessment process

21  before the assessment takes place.

22         (c)  The individual responsible for supervising the

23  employee must assess the employee's performance. The evaluator

24  must submit a written report of the assessment to the district

25  school superintendent for the purpose of reviewing the

26  employee's contract. The evaluator must submit the written

27  report to the employee no later than 10 days after the

28  assessment takes place. The evaluator must discuss the written

29  report of assessment with the employee. The employee shall

30  have the right to initiate a written response to the

31  


                                 1326

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  assessment, and the response shall become a permanent

 2  attachment to his or her personnel file.

 3         (d)  If an employee is not performing his or her duties

 4  in a satisfactory manner, the evaluator shall notify the

 5  employee in writing of such determination. The notice must

 6  describe such unsatisfactory performance and include notice of

 7  the following procedural requirements:

 8         1.  Upon delivery of a notice of unsatisfactory

 9  performance, the evaluator must confer with the employee, make

10  recommendations with respect to specific areas of

11  unsatisfactory performance, and provide assistance in helping

12  to correct deficiencies within a prescribed period of time.

13         2.a.  If the employee holds a professional service

14  contract as provided in s. 1012.33, the employee shall be

15  placed on performance probation and governed by the provisions

16  of this section for 90 calendar days following the receipt of

17  the notice of unsatisfactory performance to demonstrate

18  corrective action. School holidays and school vacation periods

19  are not counted when calculating the 90-calendar-day period.

20  During the 90 calendar days, the employee who holds a

21  professional service contract must be evaluated periodically

22  and apprised of progress achieved and must be provided

23  assistance and inservice training opportunities to help

24  correct the noted performance deficiencies. At any time during

25  the 90 calendar days, the employee who holds a professional

26  service contract may request a transfer to another appropriate

27  position with a different supervising administrator; however,

28  a transfer does not extend the period for correcting

29  performance deficiencies.

30         b.  Within 14 days after the close of the 90 calendar

31  days, the evaluator must assess whether the performance


                                 1327

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  deficiencies have been corrected and forward a recommendation

 2  to the district school superintendent. Within 14 days after

 3  receiving the evaluator's recommendation, the district school

 4  superintendent must notify the employee who holds a

 5  professional service contract in writing whether the

 6  performance deficiencies have been satisfactorily corrected

 7  and whether the district school superintendent will recommend

 8  that the district school board continue or terminate his or

 9  her employment contract. If the employee wishes to contest the

10  district school superintendent's recommendation, the employee

11  must, within 15 days after receipt of the district school

12  superintendent's recommendation, submit a written request for

13  a hearing. The hearing shall be conducted at the district

14  school board's election in accordance with one of the

15  following procedures:

16         (I)  A direct hearing conducted by the district school

17  board within 60 days after receipt of the written appeal. The

18  hearing shall be conducted in accordance with the provisions

19  of ss. 120.569 and 120.57. A majority vote of the membership

20  of the district school board shall be required to sustain the

21  district school superintendent's recommendation. The

22  determination of the district school board shall be final as

23  to the sufficiency or insufficiency of the grounds for

24  termination of employment; or

25         (II)  A hearing conducted by an administrative law

26  judge assigned by the Division of Administrative Hearings of

27  the Department of Management Services. The hearing shall be

28  conducted within 60 days after receipt of the written appeal

29  in accordance with chapter 120. The recommendation of the

30  administrative law judge shall be made to the district school

31  board. A majority vote of the membership of the district


                                 1328

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  school board shall be required to sustain or change the

 2  administrative law judge's recommendation. The determination

 3  of the district school board shall be final as to the

 4  sufficiency or insufficiency of the grounds for termination of

 5  employment.

 6         (4)  The district school superintendent shall notify

 7  the department of any instructional personnel who receive two

 8  consecutive unsatisfactory evaluations and who have been given

 9  written notice by the district that their employment is being

10  terminated or is not being renewed or that the district school

11  board intends to terminate, or not renew, their employment.

12  The department shall conduct an investigation to determine

13  whether action shall be taken against the certificateholder

14  pursuant to s. 1012.795(1)(b).

15         (5)  The district school superintendent shall develop a

16  mechanism for evaluating the effective use of assessment

17  criteria and evaluation procedures by administrators who are

18  assigned responsibility for evaluating the performance of

19  instructional personnel. The use of the assessment and

20  evaluation procedures shall be considered as part of the

21  annual assessment of the administrator's performance. The

22  system must include a mechanism to give parents and teachers

23  an opportunity to provide input into the administrator's

24  performance assessment, when appropriate.

25         (6)  Nothing in this section shall be construed to

26  grant a probationary employee a right to continued employment

27  beyond the term of his or her contract.

28         (7)  The district school board shall establish a

29  procedure annually reviewing instructional personnel

30  assessment systems to determine compliance with this section.

31  All substantial revisions to an approved system must be


                                 1329

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  reviewed and approved by the district school board before

 2  being used to assess instructional personnel.  Upon request by

 3  a school district, the department shall provide assistance in

 4  developing, improving, or reviewing an assessment system.

 5         (8)  The State Board of Education shall adopt rules

 6  pursuant to ss. 120.536(1) and 120.54, that establish uniform

 7  guidelines for the submission, review, and approval of

 8  district procedures for the annual assessment of instructional

 9  personnel and that include criteria for evaluating

10  professional performance.

11         Section 709.  Part III.c. of chapter 1012, Florida

12  Statutes, shall be entitled "Personnel, Instructional and

13  Noninstructional; Authorization; Requirements" and shall

14  consist of ss. 1012.35-1012.46.

15         Section 710.  Section 1012.35, Florida Statutes, is

16  created to read:

17         1012.35  Substitute teachers.--Each district school

18  board shall adopt rules prescribing the compensation of, and

19  the procedure for employment of, substitute teachers. Such

20  procedure for employment shall include, but is not limited to,

21  the filing of a complete set of fingerprints as required in s.

22  1012.32.

23         Section 711.  Section 1012.36, Florida Statutes, is

24  created to read:

25         1012.36  Part-time teachers.--

26         (1)  District school boards may hire certified and

27  qualified personnel as provided in ss. 1012.39 and 1012.57 to

28  teach a specified number of periods, which may be less than a

29  full school day or less than a full school year.

30         (2)  Assigned additional school duties and salaries

31  shall be given in direct ratio to the number of periods


                                 1330

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  taught. Other benefits shall be provided by district school

 2  board rule or, if applicable, pursuant to chapter 447.

 3         Section 712.  Section 1012.37, Florida Statutes, is

 4  created to read:

 5         1012.37  Education paraprofessionals.--A district

 6  school board may appoint education paraprofessionals to assist

 7  members of the instructional staff in carrying out their

 8  duties and responsibilities. An education paraprofessional

 9  shall not be required to hold a teaching certificate. An

10  education paraprofessional, while rendering services under the

11  supervision of a certified teacher, shall be accorded the same

12  protection of laws as that accorded the certified teacher.

13  Paid education paraprofessionals employed by a district school

14  board shall be entitled to the same rights as those accorded

15  noninstructional employees of the district school board.

16         Section 713.  Section 1012.38, Florida Statutes, is

17  created to read:

18         1012.38  Education paraprofessional career

19  development.--

20         (1)(a)  Each school district may adopt a program for

21  the career development of education paraprofessionals. The

22  purpose of the program is to provide to education

23  paraprofessionals a system of career development which is

24  based upon education and training advancement, and to furnish

25  economic incentives to encourage excellence among education

26  paraprofessionals.

27         (b)  The adoption of each program is subject to chapter

28  447, and the implementation of a program is contingent upon

29  the agreement and ratification of the program by both the

30  employer and employees under s. 447.309.

31  


                                 1331

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (2)  A district education paraprofessional career

 2  development program must include voluntary participation by

 3  paraprofessionals in five career development levels.  The

 4  district school board shall adopt a procedure for verifying

 5  the competency levels of all persons who participate in the

 6  career development program and a procedure to determine the

 7  outcomes and results of the program and impact on student

 8  performance.

 9         (3)(a)  Level I.--To qualify for Level I, the person

10  must meet:

11         1.  The health requirement established for certified

12  personnel.

13         2.  The age requirements for certified personnel.

14         3.  The local school district requirements for

15  employment.

16         (b)  Level II.--To qualify for Level II, the person

17  must:

18         1.  Have earned a high school diploma or the

19  equivalent.

20         2.  Possess a clear understanding of state and district

21  rules and policies relevant to paraprofessionals.

22         3.  Possess knowledge of all state and district

23  instructional practices and policies relevant to

24  paraprofessionals.

25         4.  Have maintained satisfactory job performance of

26  appropriate skills and competencies for 1 year.

27         (c)  Level III.--To qualify for Level III, the person

28  must:

29         1.  Have completed 30 college semester hours or the

30  equivalent inservice hours.

31  


                                 1332

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         2.  Possess a clear understanding of state and district

 2  rules and policies relevant to paraprofessionals.

 3         3.  Possess knowledge of all state and district

 4  instructional practices and policies relevant to

 5  paraprofessionals.

 6         4.  Have maintained satisfactory job performance of

 7  appropriate skills and competencies for 2 years.

 8         (d)  Level IV.--To qualify for Level IV, the person

 9  must:

10         1.  Have completed 60 college semester hours or the

11  equivalent inservice hours.

12         2.  Possess a clear understanding of state and district

13  rules and policies relevant to paraprofessionals.

14         3.  Possess knowledge of all state and district

15  instructional practices and policies relevant to

16  paraprofessionals.

17         4.  Have maintained satisfactory job performance of

18  appropriate skills and competencies for 2 years.

19         (e)  Level V.--To qualify for Level V, the person must:

20         1.  Have completed coursework to earn a bachelor of

21  arts or bachelor of science degree from an accredited

22  institution pursuant to s. 1012.56(2)(c).

23         2.  Possess a clear understanding of state and district

24  rules and policies relevant to paraprofessionals.

25         3.  Possess knowledge of all state and district

26  instructional practices and policies relevant to

27  paraprofessionals.

28         4.  Have maintained satisfactory job performance of

29  appropriate skills and competencies for 2 years.

30         (4)  Paraprofessionals may not:

31         (a)  Establish instructional objectives;


                                 1333

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  Make decisions regarding the relevancy of certain

 2  activities or procedures to the attainment of instructional

 3  objectives;

 4         (c)  Make decisions regarding the appropriateness of

 5  certain teaching materials for accomplishing instructional

 6  objectives; or

 7         (d)  Make judgments regarding the attainment of

 8  instructional objectives unless these judgments are based upon

 9  clear and objective criteria, such as specific achievement

10  standards on a true-false test.

11         Section 714.  Section 1012.39, Florida Statutes, is

12  created to read:

13         1012.39  Employment of substitute teachers, teachers of

14  adult education, nondegreed teachers of career education, and

15  career specialists; students performing clinical field

16  experience.--

17         (1)  Notwithstanding ss. 1012.32, 1012.55, 1012.56, and

18  1012.57, or any other provision of law or rule to the

19  contrary, each district school board shall establish the

20  minimal qualifications for:

21         (a)  Substitute teachers to be employed pursuant to s.

22  1012.35. The qualifications shall require the filing of a

23  complete set of fingerprints in the same manner as required by

24  s. 1012.32.

25         (b)  Part-time and full-time teachers in adult

26  education programs. The qualifications shall require the

27  filing of a complete set of fingerprints in the same manner as

28  required by s. 1012.32. Faculty employed solely to conduct

29  postsecondary instruction may be exempted from this

30  requirement.

31  


                                 1334

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (c)  Part-time and full-time nondegreed teachers of

 2  career and technical programs. Qualifications shall be

 3  established for agriculture, business, health occupations,

 4  family and consumer sciences, industrial, marketing, career

 5  specialist, and public service education teachers, based

 6  primarily on successful occupational experience rather than

 7  academic training. The qualifications for such teachers shall

 8  require:

 9         1.  The filing of a complete set of fingerprints in the

10  same manner as required by s. 1012.32. Faculty employed solely

11  to conduct postsecondary instruction may be exempted from this

12  requirement.

13         2.  Documentation of education and successful

14  occupational experience including documentation of:

15         a.  A high school diploma or the equivalent.

16         b.  Completion of 6 years of full-time successful

17  occupational experience or the equivalent of part-time

18  experience in the teaching specialization area. Alternate

19  means of determining successful occupational experience may be

20  established by the district school board.

21         c.  Completion of career education training conducted

22  through the local school district inservice master plan.

23         d.  For full-time teachers, completion of professional

24  education training in teaching methods, course construction,

25  lesson planning and evaluation, and teaching special needs

26  students. This training may be completed through coursework

27  from an accredited or approved institution or an approved

28  district teacher education program.

29         e.  Demonstration of successful teaching performance.

30         (2)  Substitute, adult education, and nondegreed career

31  education teachers who are employed pursuant to this section


                                 1335

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  shall have the same rights and protection of laws as certified

 2  teachers.

 3         (3)  A student who is enrolled in a state-approved

 4  teacher preparation program in a postsecondary educational

 5  institution that is approved by rules of the State Board of

 6  Education and who is jointly assigned by the postsecondary

 7  educational institution and a district school board to perform

 8  a clinical field experience under the direction of a regularly

 9  employed and certified educator shall, while serving such

10  supervised clinical field experience, be accorded the same

11  protection of law as that accorded to the certified educator

12  except for the right to bargain collectively as an employee of

13  the district school board.

14         Section 715.  Section 1012.40, Florida Statutes, is

15  created to read:

16         1012.40  Educational support employees.--

17         (1)  As used in this section:

18         (a)  "Educational support employee" means any person

19  employed by a district school system who is employed as a

20  teacher assistant, an education paraprofessional, a member of

21  the transportation department, a member of the operations

22  department, a member of the maintenance department, a member

23  of food service, a secretary, or a clerical employee, or any

24  other person who by virtue of his or her position of

25  employment is not required to be certified by the Department

26  of Education or district school board pursuant to s. 1012.39.

27  This section does not apply to persons employed in

28  confidential or management positions. This section applies to

29  all employees who are not temporary or casual and whose duties

30  require 20 or more hours in each normal working week.

31  


                                 1336

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  "Employee" means any person employed as an

 2  educational support employee.

 3         (2)(a)  Each educational support employee shall be

 4  employed on probationary status for a period to be determined

 5  through the appropriate collective bargaining agreement or by

 6  district school board rule in cases where a collective

 7  bargaining agreement does not exist.

 8         (b)  Upon successful completion of the probationary

 9  period by the employee, the employee's status shall continue

10  from year to year unless the district school superintendent

11  terminates the employee for reasons stated in the collective

12  bargaining agreement, or in district school board rule in

13  cases where a collective bargaining agreement does not exist,

14  or reduces the number of employees on a districtwide basis for

15  financial reasons.

16         (c)  In the event a district school superintendent

17  seeks termination of an employee, the district school board

18  may suspend the employee with or without pay. The employee

19  shall receive written notice and shall have the opportunity to

20  formally appeal the termination. The appeals process shall be

21  determined by the appropriate collective bargaining process or

22  by district school board rule in the event there is no

23  collective bargaining agreement.

24         Section 716.  Section 1012.41, Florida Statutes, is

25  created to read:

26         1012.41  Employment of directors of career and

27  technical education.--In order to receive state funding, each

28  district school board that employs at least 15 full-time

29  equivalent career and technical teachers must employ a

30  director of career and technical education who meets the

31  certification requirements established by the State Board of


                                 1337

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Education. The directors shall be directly accountable to the

 2  district school superintendent, or his or her designee, for

 3  the planning and implementation of career and technical

 4  programs. Two or more district school boards may employ a

 5  single director.

 6         Section 717.  Section 1012.42, Florida Statutes, is

 7  created to read:

 8         1012.42  Teacher teaching out-of-field.--

 9         (1)  ASSISTANCE.--Each district school board shall

10  adopt and implement a plan to assist any teacher teaching

11  out-of-field, and priority consideration in professional

12  development activities shall be given to teachers who are

13  teaching out-of-field. The district school board shall require

14  that such teachers participate in a certification or staff

15  development program designed to provide the teacher with the

16  competencies required for the assigned duties. The

17  board-approved assistance plan must include duties of

18  administrative personnel and other instructional personnel to

19  provide students with instructional services. Each district

20  school board shall contact its regional workforce board,

21  created pursuant to s. 445.007, to identify resources that may

22  assist teachers who are teaching out-of-field and who are

23  pursuing certification.

24         (2)  NOTIFICATION REQUIREMENTS.--When a teacher in a

25  district school system is assigned teaching duties in a class

26  dealing with subject matter that is outside the field in which

27  the teacher is certified, outside the field that was the

28  applicant's minor field of study, or outside the field in

29  which the applicant has demonstrated sufficient subject area

30  expertise, as determined by district school board policy in

31  


                                 1338

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the subject area to be taught, the parents of all students in

 2  the class shall be notified in writing of such assignment.

 3         Section 718.  Section 1012.43, Florida Statutes, is

 4  created to read:

 5         1012.43  Career and technical teachers.--

 6         (1)  Career and technical teachers and other teachers

 7  who qualify for certificates on the basis of nonacademic

 8  preparation shall be entitled to all the contractual rights

 9  and privileges now granted to other instructional personnel

10  holding equivalent certificates.

11         (2)  A holder of a certificate based on nonacademic

12  preparation which entitled him or her to employment to teach

13  classes in career and technical or adult education shall not

14  be assigned to teach in a regular academic field of the

15  kindergarten through grade 12 school program.

16         Section 719.  Section 1012.44, Florida Statutes, is

17  created to read:

18         1012.44  Qualifications for certain persons providing

19  speech-language services.--The State Board of Education shall

20  adopt rules for speech-language services to school districts

21  that qualify for the sparsity supplement as described in s.

22  1011.62(6). These services may be provided by baccalaureate

23  degree level persons for a period of 3 years. The rules shall

24  authorize the delivery of speech-language services by

25  baccalaureate degree level persons under the direction of a

26  certified speech-language pathologist with a master's degree

27  or higher. By October 1, 2003, these rules shall be reviewed

28  by the State Board of Education.

29         Section 720.  Section 1012.45, Florida Statutes, is

30  created to read:

31         1012.45  School bus drivers; requirements and duties.--


                                 1339

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (1)  Each school bus driver must be of good moral

 2  character, of good vision and hearing, able-bodied, free from

 3  communicable disease, mentally alert, and sufficiently strong

 4  physically to handle the bus with ease, and he or she must

 5  possess other qualifications prescribed by the Commissioner of

 6  Education, including those qualifications described in 49

 7  C.F.R. s. 391, relating to physical qualifications and

 8  examinations and 49 C.F.R. part 40 and part 382, relating to

 9  controlled substance and alcohol use and testing, and he or

10  she must hold a valid commercial driver's license with a

11  passenger endorsement.

12         (2)  Each school bus driver has the authority and

13  responsibility to control students during the time students

14  are on the school bus pursuant to s. 1006.10.

15         (3)  The State Board of Education shall adopt rules

16  outlining requirements that school bus drivers must meet

17  before they are employed by district school boards.

18         (4)  Each district school board may provide a school

19  bus driver training program and may make this program

20  available to private school bus drivers by contract.

21         Section 721.  Section 1012.46, Florida Statutes, is

22  created to read:

23         1012.46  Athletic trainers.--

24         (1)  School districts may establish and implement an

25  athletic injuries prevention and treatment program. Central to

26  this program should be the employment and availability of

27  persons trained in the prevention and treatment of physical

28  injuries which may occur during athletic activities. The

29  program should reflect opportunities for progressive

30  advancement and compensation in employment as provided in

31  subsection (2) and meet certain other minimum standards


                                 1340

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  developed by the Department of Education. The goal of the

 2  Legislature is to have school districts employ and have

 3  available a full-time teacher athletic trainer in each high

 4  school in the state.

 5         (2)  To the extent practicable, a school district

 6  program should include the following employment classification

 7  and advancement scheme:

 8         (a)  First responder.--To qualify as a first responder,

 9  a person must possess a professional, temporary, part-time,

10  adjunct, or substitute certificate pursuant to s. 1012.56, be

11  certified in cardiopulmonary resuscitation, first aid, and

12  have 15 semester hours in courses such as care and prevention

13  of athletic injuries, anatomy, physiology, nutrition,

14  counseling, and other similar courses approved by the

15  Commissioner of Education.  This person may only administer

16  first aid and similar care.

17         (b)  Teacher athletic trainer.--To qualify as a teacher

18  athletic trainer, a person must possess a professional,

19  temporary, part-time, adjunct, or substitute certificate

20  pursuant to s. 1012.35, s. 1012.56 or s. 1012.57, and be

21  licensed as required by part XIII of chapter 468.

22         Section 722.  Part III.d. of chapter 1012, Florida

23  Statutes, shall be entitled "Educator Certification for Public

24  Schools; Renewal; Duties" and shall consist of ss.

25  1012.51-1012.595.

26         Section 723.  Section 1012.51, Florida Statutes, is

27  created to read:

28         1012.51  Legislative intent; declaration.--It is the

29  intent and purpose of the Legislature that the practice of

30  teaching in the public school system and its related services,

31  including administering and supervisory services, shall be


                                 1341

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  designated as professional services. Teaching is hereby

 2  declared to be a profession in Florida, with similar rights,

 3  responsibilities, and privileges accorded other legally

 4  recognized professions.

 5         Section 724.  Section 1012.52, Florida Statutes, is

 6  created to read:

 7         1012.52  Teacher quality; legislative findings.--

 8         (1)  The Legislature intends to implement a

 9  comprehensive approach to increase students' academic

10  achievement and improve teaching quality. The Legislature

11  recognizes that professional educators play an important role

12  in shaping the future of this state and the nation by

13  developing the knowledge and skills of our future workforce

14  and laying the foundation for good citizenship and full

15  participation in community and civic life. The Legislature

16  also recognizes its role in meeting the state's educational

17  priorities so as to provide opportunity for all students to

18  achieve at the levels set by the Sunshine State Standards.

19         (2)  The Legislature further finds that effective

20  educators are able to do the following:

21         (a)  Write and speak in a logical and understandable

22  style, using appropriate grammar and sentence structure, and

23  demonstrate a command of standard English, enunciation,

24  clarity of oral directions, and pace and precision in

25  speaking.

26         (b)  Read, comprehend, and interpret professional and

27  other written material.

28         (c)  Compute, think logically, and solve problems.

29         (d)  Recognize signs of students' difficulty with the

30  reading and computational process and apply appropriate

31  


                                 1342

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  measures to improve students' reading and computational

 2  performance.

 3         (e)  Recognize patterns of physical, social, emotional,

 4  and intellectual development in students, including

 5  exceptional students in the regular classroom.

 6         (f)  Recognize and demonstrate awareness of the

 7  educational needs of students who have limited proficiency in

 8  English and employ appropriate teaching strategies.

 9         (g)  Use and integrate appropriate technology in

10  teaching and learning processes and in managing, evaluating,

11  and improving instruction.

12         (h)  Use assessment and other diagnostic strategies to

13  assist the continuous development and acquisition of knowledge

14  and understanding of the learner.

15         (i)  Use teaching and learning strategies that include

16  consideration of each student's learning styles, needs, and

17  background.

18         (j)  Demonstrate the ability to maintain a positive,

19  collaborative relationship with students' families to increase

20  student achievement.

21         (k)  Recognize signs of tendency toward violence and

22  severe emotional distress in students and apply techniques of

23  crisis intervention.

24         (l)  Recognize signs of alcohol and drug abuse in

25  students and know how to appropriately work with such students

26  and seek assistance designed to prevent future abuse.

27         (m)  Recognize the physical and behavioral indicators

28  of child abuse and neglect and know rights and

29  responsibilities regarding reporting.

30  

31  


                                 1343

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (n)  Demonstrate the ability to maintain a positive

 2  environment in the classroom while achieving order and

 3  discipline.

 4         (o)  Demonstrate the ability to grade student

 5  performance effectively.

 6         (p)  Demonstrate knowledge and understanding of the

 7  value of, and strategies for, promoting parental involvement

 8  in education.

 9         Section 725.  Section 1012.53, Florida Statutes, is

10  created to read:

11         1012.53  Duties of instructional personnel.--

12         (1)  The primary duty of instructional personnel is to

13  work diligently and faithfully to help students meet or exceed

14  annual learning goals, to meet state and local achievement

15  requirements, and to master the skills required to graduate

16  from high school prepared for postsecondary education and

17  work. This duty applies to instructional personnel whether

18  they teach or function in a support role.

19         (2)  Members of the instructional staff of the public

20  schools shall perform duties prescribed by rules of the

21  district school board.  The rules shall include, but are not

22  limited to, rules relating to a teacher's duty to help

23  students master challenging standards and meet all state and

24  local requirements for achievement; teaching efficiently and

25  faithfully, using prescribed materials and methods, including

26  technology-based instruction; recordkeeping; and fulfilling

27  the terms of any contract, unless released from the contract

28  by the district school board.

29         Section 726.  Section 1012.54, Florida Statutes, is

30  created to read:

31  


                                 1344

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         1012.54  Purpose of instructional personnel

 2  certification.--It is the intent of the Legislature that

 3  school personnel certified in this state possess the

 4  credentials, knowledge, and skills necessary to allow the

 5  opportunity for a high-quality education in the public

 6  schools. The purpose of school personnel certification is to

 7  protect the educational interests of students, parents, and

 8  the public at large by assuring that teachers in this state

 9  are professionally qualified. In fulfillment of its duty to

10  the citizens of this state, the Legislature has established

11  certification requirements to assure that educational

12  personnel in public schools possess appropriate skills in

13  reading, writing, and mathematics, and adequate pedagogical

14  knowledge, including the use of technology to enhance student

15  learning, and relevant subject matter competence so as to

16  demonstrate an acceptable level of professional performance.

17  Further, the Legislature has established a certificate renewal

18  process which promotes the continuing professional improvement

19  of school personnel, thereby enhancing public education in all

20  areas of the state.

21         Section 727.  Section 1012.55, Florida Statutes, is

22  created to read:

23         1012.55  Positions for which certificates required.--

24         (1)  The State Board of Education shall classify school

25  services, designate the certification subject areas, establish

26  competencies, including the use of technology to enhance

27  student learning, and certification requirements for all

28  school-based personnel, and adopt rules in accordance with

29  which the professional, temporary, and part-time certificates

30  shall be issued by the Department of Education to applicants

31  who meet the standards prescribed by such rules for their


                                 1345

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  class of service. Each person employed or occupying a position

 2  as school supervisor, school principal, teacher, library media

 3  specialist, school counselor, athletic coach, or other

 4  position in which the employee serves in an instructional

 5  capacity, in any public school of any district of this state

 6  shall hold the certificate required by law and by rules of the

 7  State Board of Education in fulfilling the requirements of the

 8  law for the type of service rendered. However, the state board

 9  shall adopt rules authorizing district school boards to employ

10  selected noncertificated personnel to provide instructional

11  services in the individuals' fields of specialty or to assist

12  instructional staff members as education paraprofessionals.

13         (2)  Each person who is employed and renders service as

14  an athletic coach in any public school in any district of this

15  state shall hold a valid temporary or professional certificate

16  or an athletic coaching certificate. The athletic coaching

17  certificate may be used for either part-time or full-time

18  positions. The provisions of this subsection do not apply to

19  any athletic coach who voluntarily renders service and who is

20  not employed by any public school district of this state.

21         (3)  Each person employed as a school nurse shall hold

22  a license to practice nursing in the state, and each person

23  employed as a school physician shall hold a license to

24  practice medicine in the state.

25         (4)  A commissioned or noncommissioned military officer

26  who is an instructor of junior reserve officer training shall

27  be exempt from requirements for teacher certification, except

28  for the filing of fingerprints pursuant to s. 1012.32, if he

29  or she meets the following qualifications:

30         (a)  Is retired from active military duty, pursuant to

31  chapter 102 of Title 10, U.S.C.


                                 1346

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  Satisfies criteria established by the appropriate

 2  military service for certification by the service as a junior

 3  reserve officer training instructor.

 4         (c)  Has an exemplary military record.

 5  

 6  If such instructor is assigned instructional duties other than

 7  junior reserve officer training, he or she shall hold the

 8  certificate required by law and rules of the state board for

 9  the type of service rendered.

10         Section 728.  Effective July 1, 2002, section 1012.56,

11  Florida Statutes, is created to read:

12         1012.56  Educator certification requirements.--

13         (1)  APPLICATION.--Each person seeking certification

14  pursuant to this chapter shall submit a completed application

15  containing the applicant's social security number to the

16  Department of Education and remit the fee required pursuant to

17  s. 1012.59 and rules of the State Board of Education. Pursuant

18  to the federal Personal Responsibility and Work Opportunity

19  Reconciliation Act of 1996, each party is required to provide

20  his or her social security number in accordance with this

21  section. Disclosure of social security numbers obtained

22  through this requirement shall be limited to the purpose of

23  administration of the Title IV-D program of the Social

24  Security Act for child support enforcement. Pursuant to s.

25  120.60, the department shall issue within 90 calendar days

26  after the stamped receipted date of the completed application:

27         (a)  A certificate covering the classification, level,

28  and area for which the applicant is deemed qualified; or

29         (b)  An official statement of status of eligibility.

30  The statement of status of eligibility must advise the

31  applicant of any qualifications that must be completed to


                                 1347

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  qualify for certification. Each statement of status of

 2  eligibility is valid for 2 years after its date of issuance,

 3  except as provided in paragraph (2)(d). A statement of status

 4  of eligibility may be reissued for one additional 2-year

 5  period if application is made while the initial statement of

 6  status of eligibility is valid or within 1 year after the

 7  initial statement expires, and if the certification subject

 8  area is authorized to be issued by the state board at the time

 9  the application requesting a reissued statement of status of

10  eligibility is received.

11         (2)  ELIGIBILITY CRITERIA.--To be eligible to seek

12  certification pursuant to this chapter, a person must:

13         (a)  Be at least 18 years of age.

14         (b)  File a written statement, under oath, that the

15  applicant subscribes to and will uphold the principles

16  incorporated in the Constitution of the United States and the

17  Constitution of the State of Florida.

18         (c)  Document receipt of a bachelor's or higher degree

19  from an accredited institution of higher learning, or a

20  nonaccredited institution of higher learning that the

21  Department of Education has identified as having a quality

22  program resulting in a bachelor's degree, or higher. Each

23  applicant seeking initial certification must have attained at

24  least a 2.5 overall grade point average on a 4.0 scale in the

25  applicant's major field of study. The applicant may document

26  the required education by submitting official transcripts from

27  institutions of higher education or by authorizing the direct

28  submission of such official transcripts through established

29  electronic network systems. The bachelor's or higher degree

30  may not be required in areas approved in rule by the State

31  Board of Education as nondegreed areas.


                                 1348

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (d)  Submit to a fingerprint check from the Department

 2  of Law Enforcement and the Federal Bureau of Investigation

 3  pursuant to s. 1012.32. If the fingerprint reports indicate a

 4  criminal history or if the applicant acknowledges a criminal

 5  history, the applicant's records shall be referred to the

 6  Bureau of Educator Standards for review and determination of

 7  eligibility for certification. If the applicant fails to

 8  provide the necessary documentation requested by the Bureau of

 9  Educator Standards within 90 days after the date of the

10  receipt of the certified mail request, the statement of

11  eligibility and pending application shall become invalid.

12         (e)  Be of good moral character.

13         (f)  Be competent and capable of performing the duties,

14  functions, and responsibilities of an educator.

15         (g)  Demonstrate mastery of general knowledge, pursuant

16  to subsection (3).

17         (h)  Demonstrate mastery of subject area knowledge,

18  pursuant to subsection (4).

19         (i)  Demonstrate mastery of professional preparation

20  and education competence, pursuant to subsection (5).

21         (3)  MASTERY OF GENERAL KNOWLEDGE.--Acceptable means of

22  demonstrating mastery of general knowledge are:

23         (a)  Achievement of passing scores on basic skills

24  examination required by state board rule;

25         (b)  Achievement of passing scores on the College Level

26  Academic Skills Test earned prior to July 1, 2002;

27         (c)  A valid standard teaching certificate issued by

28  another state that requires an examination of mastery of

29  general knowledge;

30  

31  


                                 1349

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (d)  A valid standard teaching certificate issued by

 2  another state and valid certificate issued by the National

 3  Board for Professional Teaching Standards; or

 4         (e)  A valid standard teaching certificate issued by

 5  another state and documentation of 2 years of continuous

 6  successful full-time teaching or administrative experience

 7  during the 5-year period immediately preceding the date of

 8  application for certification.

 9         (4)  MASTERY OF SUBJECT AREA KNOWLEDGE.--Acceptable

10  means of demonstrating mastery of subject area knowledge are:

11         (a)  Achievement of passing scores on subject area

12  examinations required by state board rule;

13         (b)  Completion of the subject area specialization

14  requirements specified in state board rule and verification of

15  the attainment of the essential subject matter competencies by

16  the district school superintendent of the employing school

17  district or chief administrative officer of the employing

18  state-supported or private school for a subject area for which

19  a subject area examination has not been developed and required

20  by state board rule;

21         (c)  Completion of the graduate level subject area

22  specialization requirements specified in state board rule for

23  a subject coverage requiring a master's or higher degree and

24  achievement of a passing score on the subject area examination

25  specified in state board rule;

26         (d)  A valid standard teaching certificate issued by

27  another state that requires an examination of mastery of

28  subject area knowledge;

29         (e)  A valid standard teaching certificate issued by

30  another state and valid certificate issued by the National

31  Board for Professional Teaching Standards; or


                                 1350

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (f)  A valid standard teaching certificate issued by

 2  another state and documentation of 2 years of continuous

 3  successful full-time teaching or administrative experience

 4  during the 5-year period immediately preceding the date of

 5  application for certification.

 6         (5)  MASTERY OF PROFESSIONAL PREPARATION AND EDUCATION

 7  COMPETENCE.--Acceptable means of demonstrating mastery of

 8  professional preparation and education competence are:

 9         (a)  Completion of an approved teacher preparation

10  program at a postsecondary educational institution within this

11  state and achievement of a passing score on the professional

12  education competency examination required by state board rule;

13         (b)  Completion of a teacher preparation program at a

14  postsecondary educational institution outside Florida and

15  achievement of a passing score on the professional education

16  competency examination required by state board rule;

17         (c)  A valid standard teaching certificate issued by

18  another state that requires an examination of mastery of

19  professional education competence;

20         (d)  A valid standard teaching certificate issued by

21  another state and valid certificate issued by the National

22  Board for Professional Teaching Standards;

23         (e)  A valid standard teaching certificate issued by

24  another state and documentation of 2 years of continuous

25  successful full-time teaching or administrative experience

26  during the 5-year period immediately preceding the date of

27  application for certification;

28         (f)  Completion of professional preparation courses as

29  specified in state board rule, successful completion of a

30  professional education competence demonstration program

31  pursuant to paragraph (7)(b), and achievement of a passing


                                 1351

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  score on the professional education competency examination

 2  required by state board rule; or

 3         (g)  Successful completion of a professional

 4  preparation alternative certification and education competency

 5  program, outlined in paragraph (7)(a).

 6         (6)  TYPES AND TERMS OF CERTIFICATION.--

 7         (a)  The Department of Education shall issue a

 8  professional certificate for a period not to exceed 5 years to

 9  any applicant who meets all the requirements outlined in

10  subsection (2).

11         (b)  The department shall issue a temporary certificate

12  to any applicant who completes the requirements outlined in

13  paragraphs (2)(a)-(f) and completes the subject area content

14  requirements specified in state board rule or demonstrates

15  mastery of subject area knowledge pursuant to subsection (4)

16  and holds an accredited degree or a degree approved by the

17  Department of Education at the level required for the subject

18  area specialization in state board rule.

19         (c)  The department shall issue one nonrenewable 2-year

20  temporary certificate and one nonrenewable 5-year professional

21  certificate to a qualified applicant who holds a bachelor's

22  degree in the area of speech-language impairment to allow for

23  completion of a master's degree program in speech-language

24  impairment.

25  

26  Each temporary certificate is valid for 3 school fiscal years

27  and is nonrenewable. However, the requirement in paragraph

28  (2)(g) must be met within 1 calendar year of the date of

29  employment under the temporary certificate. Individuals who

30  are employed under contract at the end of the 1 calendar year

31  time period may continue to be employed through the end of the


                                 1352

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  school year in which they have been contracted. A school

 2  district shall not employ, or continue the employment of, an

 3  individual in a position for which a temporary certificate is

 4  required beyond this time period if the individual has not met

 5  the requirement of paragraph (2)(g). The State Board of

 6  Education shall adopt rules to allow the department to extend

 7  the validity period of a temporary certificate for 2 years

 8  when the requirements for the professional certificate, not

 9  including the requirement in paragraph (2)(g), were not

10  completed due to the serious illness or injury of the

11  applicant or other extraordinary extenuating circumstances.

12  The department shall reissue the temporary certificate for 2

13  additional years upon approval by the Commissioner of

14  Education. A written request for reissuance of the certificate

15  shall be submitted by the district school superintendent, the

16  governing authority of a university lab school, the governing

17  authority of a state-supported school, or the governing

18  authority of a private school.

19         (7)  PROFESSIONAL PREPARATION ALTERNATIVE CERTIFICATION

20  AND EDUCATION COMPETENCY PROGRAM.--

21         (a)  The Department of Education shall develop and each

22  school district must provide a cohesive competency-based

23  professional preparation alternative certification program by

24  which members of a school district's instructional staff may

25  satisfy the mastery of professional preparation and education

26  competence requirements specified in this subsection and rules

27  of the State Board of Education. Participants must hold a

28  state-issued temporary certificate. A school district shall

29  provide a competency-based alternative certification

30  preparation program developed by the Department of Education

31  


                                 1353

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  or developed by the district and approved by the Department of

 2  Education. The program shall include the following components:

 3         1.  A minimum period of initial preparation prior to

 4  assuming duties as the teacher of record.

 5         2.  An option for collaboration between school

 6  districts and other supporting agencies for implementation.

 7         3.  Experienced peer mentors.

 8         4.  An assessment that provides for:

 9         a.  An initial evaluation of each educator's

10  competencies to determine an appropriate individualized

11  professional development plan.

12         b.  A postevaluation to assure successful completion of

13  the program.

14         5.  Professional education preparation content

15  knowledge that includes, but is not limited to, the following:

16         a.  Requirements specified in state board rule for

17  professional preparation.

18         b.  The educator-accomplished practices approved by the

19  state board.

20         c.  A variety of data indicators for student progress.

21         d.  Methodologies, including technology-based

22  methodologies, for teaching subject content that supports the

23  Sunshine State Standards for students.

24         e.  Techniques for effective classroom management.

25         f.  Techniques and strategies for operationalizing the

26  role of the teacher in assuring a safe learning environment

27  for students.

28         g.  Methodologies for assuring the ability of all

29  students to read, write, and compute.

30  

31  


                                 1354

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         6.  Required achievement of passing scores on the

 2  professional education competency examination required by

 3  state board rule.

 4         (b)  Each school district must and a state supported

 5  public school or a private school may develop and maintain a

 6  system by which members of the instructional staff may

 7  demonstrate mastery of professional education competence as

 8  required by law. Each program must be based on classroom

 9  application and instructional performance and must include a

10  performance evaluation plan for documenting the demonstration

11  of required professional education competence.

12         (8)  EXAMINATIONS.--

13         (a)  The Commissioner of Education, with the approval

14  of the State Board of Education, may contract for developing,

15  printing, administering, scoring, and appropriate analysis of

16  the written examinations required.

17         (b)  The State Board of Education shall, by rule,

18  specify the examination scores that are required for the

19  issuance of a professional certificate and temporary

20  certificate. Such rules must define generic subject area

21  competencies and must establish uniform evaluation guidelines.

22         (c)  The State Board of Education shall designate the

23  certification areas for subject area examinations. All

24  required examinations may be taken prior to graduation.

25         (d)  If an applicant takes an examination developed by

26  this state and does not achieve the score necessary for

27  certification, the applicant may review his or her completed

28  examination and bring to the attention of the department any

29  errors that would result in a passing score.

30         (e)  For any examination developed by this state, the

31  Department of Education and the State Board of Education shall


                                 1355

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  maintain confidentiality of the examination, developmental

 2  materials, and workpapers, which are exempt from s. 119.07(1).

 3         (f)  The examinations used for demonstration of mastery

 4  of general knowledge, professional education competence, and

 5  subject area knowledge shall be aligned with student standards

 6  approved by the state board. The delivery system for these

 7  examinations shall provide for overall efficiency,

 8  user-friendly application, reasonable accessibility to

 9  prospective teachers, and prompt attainment of examination

10  results. The examination of competency for demonstration of

11  subject area knowledge shall be sufficiently comprehensive to

12  assess subject matter expertise for individuals who have

13  acquired subject knowledge either through college credit or by

14  other means.

15         (g)  All examination instruments, including

16  developmental materials and workpapers directly related

17  thereto, which are prepared, prescribed, or administered

18  pursuant to this section shall be confidential and exempt from

19  the provisions of s. 119.07(1) and from s. 1001.52. Provisions

20  governing access to, maintenance of, and destruction of such

21  instruments and related materials shall be prescribed by rules

22  of the State Board of Education.

23         (9)  NONCITIZENS.--

24         (a)  The State Board of Education may adopt rules for

25  issuing certificates to noncitizens who are needed to teach

26  and who are legally admitted to the United States through the

27  United States Immigration and Naturalization Service. The

28  filing of a written oath to uphold the principles of the

29  Constitution of the United States and the Constitution of the

30  State of Florida, required under paragraph (2)(b), does not

31  apply to individuals assigned to teach on an exchange basis.


                                 1356

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  A certificate may not be issued to a citizen of a

 2  nation controlled by forces that are antagonistic to

 3  democratic forms of government, except to an individual who

 4  has been legally admitted to the United States through the

 5  United States Immigration and Naturalization Service.

 6         (10)  DENIAL OF CERTIFICATE.--

 7         (a)  The Department of Education may deny an applicant

 8  a certificate if the department possesses evidence

 9  satisfactory to it that the applicant has committed an act or

10  acts, or that a situation exists, for which the Education

11  Practices Commission would be authorized to revoke a teaching

12  certificate.

13         (b)  The decision of the department is subject to

14  review by the Education Practices Commission upon the filing

15  of a written request from the applicant within 20 days after

16  receipt of the notice of denial.

17         (11)  STATE BOARD RULES.--The State Board of Education

18  shall adopt rules pursuant to ss. 120.536 and 120.54, as

19  necessary to implement this section.

20         (12)  PRIOR APPLICATION.--Persons who apply for

21  certification are governed by the law and rules in effect at

22  the time of application for issuance of the initial

23  certificate, provided that continuity of certificates is

24  maintained.

25         (13)  PERSONNEL RECORDS.--The Department of Education

26  shall maintain a complete statement of the academic

27  preparation, professional training, and teaching experience of

28  each person to whom a certificate is issued. The applicant or

29  the district school superintendent shall furnish the

30  information using a format or forms provided by the

31  department.


                                 1357

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (14)  AUTHORITY OF COMMISSIONER.--The Commissioner of

 2  Education may make decisions regarding an applicant's

 3  certification under extenuating circumstances not otherwise

 4  provided for in statute or by rule. However, an applicant for

 5  certification approved by the commissioner must possess the

 6  credentials, knowledge, and skills necessary to provide

 7  quality education in the public schools.

 8         (15)  COMPARISON OF ROUTES TO A PROFESSIONAL

 9  CERTIFICATE.--Beginning with the 2003-2004 school year, the

10  Department of Education shall conduct a longitudinal study to

11  compare performance of certificateholders who are employed in

12  Florida school districts. The study shall compare a sampling

13  of educators who have qualified for a professional certificate

14  since July 1, 2002, based on the following:

15         (a)  Graduation from a state-approved teacher

16  preparation program.

17         (b)  Completion of a state-approved professional

18  preparation and education competency program.

19         (c)  A valid standard teaching certificate issued by a

20  state other than Florida.

21  

22  The department comparisons shall be made to determine if there

23  is any significant difference in the performance of these

24  groups of teachers, as measured by their students' achievement

25  levels and learning gains as measured by s. 1008.22.

26         Section 729.  Section 1012.565, Florida Statutes, is

27  created to read:

28         1012.565  Educator certification for blind and visually

29  impaired students.--As a part of the certification process,

30  teachers certified in the education of blind and visually

31  impaired students shall be required to demonstrate competence


                                 1358

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  in reading, writing, and teaching braille pursuant to

 2  standards adopted by the Department of Education, comparable

 3  to the braille reading and writing standards adopted by the

 4  National Library Service for the Blind and Physically

 5  Handicapped, Library of Congress, Washington, D.C.  The

 6  department shall ensure that teachers of students with visual

 7  impairments have access to inservice instruction for the

 8  purpose of updating their braille skill competence.

 9         Section 730.  Section 1012.57, Florida Statutes, is

10  created to read:

11         1012.57  Certification of adjunct educators.--

12         (1)  Notwithstanding the provisions of ss. 1012.32,

13  1012.55, and 1012.56, or any other provision of law or rule to

14  the contrary, district school boards may issue an adjunct

15  teaching certificate to any applicant who fulfills the

16  requirements of s. 1012.56(2)(a)-(f) and who has expertise in

17  the subject area to be taught. An applicant shall be

18  considered to have expertise in the subject area to be taught

19  if the applicant has at least a minor in the subject area or

20  demonstrates sufficient subject area mastery as determined by

21  district school board policy. The adjunct teaching certificate

22  shall be used for part-time teaching positions. The intent of

23  this provision is to allow school districts to tap the wealth

24  of talent and expertise represented in Florida's citizens who

25  may wish to teach part-time in a Florida public school by

26  permitting school districts to issue adjunct certificates.

27  Adjunct certificateholders should be used as a strategy to

28  reduce the teacher shortage; thus, adjunct certificateholders

29  should supplement a school's instructional staff, not supplant

30  it. Each school principal shall assign an experienced peer

31  mentor to assist the adjunct teaching certificateholder during


                                 1359

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the certificateholder's first year of teaching, and an adjunct

 2  certificateholder may participate in a district's new teacher

 3  training program. District school boards shall provide the

 4  adjunct teaching certificateholder an orientation in classroom

 5  management prior to assigning the certificateholder to a

 6  school. Each adjunct teaching certificate is valid for 5

 7  school years and is renewable if:

 8         (a)  The applicant completes a minimum of 60 inservice

 9  points or 3 semester hours of college credit. The earned

10  credits must include instruction in classroom management,

11  district school board procedures, school culture, and other

12  activities that enhance the professional teaching skills of

13  the certificateholder.

14         (b)  The applicant has received satisfactory

15  performance evaluations during each year of teaching under

16  adjunct teaching certification.

17         (2)  Individuals who are certified and employed

18  pursuant to this section shall have the same rights and

19  protection of laws as teachers certified pursuant to s.

20  1012.56.

21         Section 731.  Section 1012.575, Florida Statutes, is

22  created to read:

23         1012.575  Alternative preparation programs for

24  certified teachers to add additional coverage.--A district

25  school board may design alternative teacher preparation

26  programs to enable persons already certificated to add an

27  additional coverage to their certificates. Each alternative

28  teacher preparation program shall be reviewed and approved by

29  the Department of Education to assure that persons who

30  complete the program are competent in the necessary areas of

31  subject matter specialization. Two or more school districts


                                 1360

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  may jointly participate in an alternative preparation program

 2  for teachers.

 3         Section 732.  Section 1012.58, Florida Statutes, is

 4  created to read:

 5         1012.58  Transition to Teaching Program.--

 6         (1)  LEGISLATIVE INTENT.--The Transition to Teaching

 7  Program is created to encourage and assist midcareer

 8  professionals who want to become teachers.

 9         (2)  GRANTS; ELIGIBLE APPLICANTS.--

10         (a)  The Commissioner of Education shall design the

11  process for receiving and evaluating grant proposals in

12  accordance with state and federal appropriations guidelines.

13  Grants may be awarded only to the extent that funding is

14  provided.

15         (b)  The Commissioner of Education shall request

16  proposals from eligible applicants to participate in the

17  program. Each application must:

18         1.  Describe the target group of career-changing

19  professionals upon which the applicant will focus in carrying

20  out its program, including a description of the

21  characteristics of the target group that shows how the

22  knowledge and experience of its members are likely to improve

23  their ability to become effective teachers.

24         2.  Describe how the applicant will identify and

25  recruit program participants.

26         3.  Describe how the applicant will ensure that program

27  participants are placed and teach in eligible school districts

28  in this state.

29         4.  Describe the teacher support services that program

30  participants will receive throughout at least their first year

31  of teaching.


                                 1361

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         5.  Describe how the applicant will collaborate with

 2  other institutions, agencies, or organizations to recruit,

 3  train, place, and support program participants, including

 4  evidence of the commitment of those institutions, agencies, or

 5  organizations to the applicant's program.

 6         (c)  The Commissioner of Education must require an

 7  evaluation process to measure the progress and effectiveness

 8  of the program. This evaluation must include:

 9         1.  The program's goals and objectives.

10         2.  The performance indicators that the applicant will

11  use to measure the program's progress.

12         3.  The outcome measures that will be used to determine

13  the program's effectiveness.

14         4.  An assurance that the applicant will provide the

15  commissioner with information the commissioner finds necessary

16  to determine the overall effectiveness of the programs.

17         (3)  PROGRAM IMPLEMENTATION; AUTHORIZED EXPENDITURES.--

18         (a)  An applicant shall estimate the funds required for

19  the proposed program. All funds provided for a program must be

20  used as authorized in federal guidelines.

21         (b)  Eligible applicants are encouraged to implement

22  the program using the following components:

23         1.  Recruiting program participants, including

24  informing them of opportunities under the program and putting

25  them in contact with other institutions, agencies, or

26  organizations that will train, place, and support them in the

27  teaching profession.

28         2.  Assisting providers of teacher training to tailor

29  their training to meet the particular needs of professionals

30  who are changing their careers to teaching.

31  


                                 1362

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         3.  Placement activities, including identifying

 2  eligible local education agencies with a need for the skills

 3  and characteristics of the newly trained program participants

 4  and assisting those participants to obtain employment in those

 5  school districts.

 6         4.  Post-placement support activities for program

 7  participants.

 8         (4)  ELIGIBLE PARTICIPANTS; REQUIREMENTS FOR GRANT

 9  REPAYMENT.--

10         (a)  Each participant who receives a grant from the

11  program to pursue a teacher preparation program must agree to

12  teach in an eligible school district in this state for at

13  least 3 years after certification. To be eligible, a school

14  district must meet the requirements established in regulations

15  that implement the Omnibus Appropriations Bill of 2000.

16         (b)  The commissioner shall establish conditions under

17  which a participant must repay all or a portion of the

18  training stipend if the participant fails to complete his or

19  her service obligation.

20         Section 733.  Section 1012.585, Florida Statutes, is

21  created to read:

22         1012.585  Process for renewal of professional

23  certificates.--

24         (1)(a)  District school boards in this state shall

25  renew state-issued professional certificates as follows:

26         1.  Each district school board shall renew state-issued

27  professional certificates for individuals who hold a

28  professional certificate by this state and are employed by

29  that district pursuant to criteria established in subsections

30  (2), (3), and (4) and rules of the State Board of Education.

31  


                                 1363

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         2.  The employing school district may charge the

 2  individual an application fee not to exceed the amount charged

 3  by the Department of Education for such services, including

 4  associated late renewal fees.  Each district school board

 5  shall transmit monthly to the department a fee in an amount

 6  established by the State Board of Education for each renewed

 7  certificate. The fee shall not exceed the actual cost for

 8  maintenance and operation of the statewide certification

 9  database and for the actual costs incurred in printing and

10  mailing such renewed certificates. As defined in current rules

11  of the state board, the department shall contribute a portion

12  of such fee for purposes of funding the Educator Recovery

13  Network established in s. 1012.798. The department shall

14  deposit all funds into the Educational Certification Trust

15  Fund for use as specified in s. 1012.59.

16         (b)  The department shall renew state-issued

17  professional certificates for individuals who are not employed

18  by a district school board of this state pursuant to criteria

19  established in subsections (2), (3), and (4) and requirements

20  specified in rules of the state board.

21         (2)(a)  All professional certificates, except a

22  nonrenewable professional certificate, shall be renewable for

23  successive periods not to exceed 5 years after the date of

24  submission of documentation of completion of the requirements

25  for renewal provided in subsection (3). Only one renewal may

26  be granted during each 5-year validity period of a

27  professional certificate.

28         (b)  A teacher with national certification from the

29  National Board for Professional Teaching Standards is deemed

30  to meet state renewal requirements for the life of the

31  


                                 1364

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  teacher's national certificate in the subject shown on the

 2  national certificate.

 3         (c)  If the renewal application form is not received by

 4  the department or by the employing school district before the

 5  expiration of the professional certificate, the application

 6  form, application fee, and a late fee must be submitted before

 7  July 1 of the year following expiration of the certificate in

 8  order to renew the professional certificate.

 9         (d)  The State Board of Education shall adopt rules to

10  allow a 1-year extension of the validity period of a

11  professional certificate in the event of serious illness,

12  injury, or other extraordinary extenuating circumstances of

13  the applicant. The department shall grant such 1-year

14  extension upon written request by the applicant or by the

15  district school superintendent or the governing authority of a

16  university lab school, state-supported school, or private

17  school that employs the applicant.

18         (3)  For the renewal of a professional certificate, the

19  following requirements must be met:

20         (a)  The applicant must earn a minimum of 6 college

21  credits or 120 inservice points or a combination thereof. For

22  each area of specialization to be retained on a certificate,

23  the applicant must earn at least 3 of the required credit

24  hours or equivalent inservice points in the specialization

25  area. Education in "clinical educator" training pursuant to s.

26  1004.04(5)(b) and credits or points that provide training in

27  the area of exceptional student education, normal child

28  development, and the disorders of development may be applied

29  toward any specialization area. Credits or points that provide

30  training in the areas of drug abuse, child abuse and neglect,

31  strategies in teaching students having limited proficiency in


                                 1365

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  English, or dropout prevention, or training in areas

 2  identified in the educational goals and performance standards

 3  adopted pursuant to ss. 1000.03(5) and 1001.23 may be applied

 4  toward any specialization area. Credits or points earned

 5  through approved summer institutes may be applied toward the

 6  fulfillment of these requirements. Inservice points may also

 7  be earned by participation in professional growth components

 8  approved by the State Board of Education and specified

 9  pursuant to s. 1012.98 in the district's approved master plan

10  for inservice educational training, including, but not limited

11  to, serving as a trainer in an approved teacher training

12  activity, serving on an instructional materials committee or a

13  state board or commission that deals with educational issues,

14  or serving on an advisory council created pursuant to s.

15  229.58.

16         (b)  In lieu of college course credit or inservice

17  points, the applicant may renew a specialization area by

18  passage of a state board approved subject area test.

19         (c)  If an applicant wishes to retain more than two

20  specialization areas on the certificate, the applicant shall

21  be permitted two successive validity periods for renewal of

22  all specialization areas, but must earn no fewer than 6

23  college course credit hours or the equivalent in any one

24  validity period.

25         (d)  The State Board of Education shall adopt rules for

26  the expanded use of training for renewal of the professional

27  certificate for educators who are required to complete

28  training in teaching students of limited English proficiency

29  as follows:

30         1.  A teacher who holds a professional certificate may

31  use college credits or inservice points completed in


                                 1366

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  English-for-Speakers-of-Other-Languages training in excess of

 2  6 semester hours during one certificate-validity period toward

 3  renewal of the professional certificate during the subsequent

 4  validity periods.

 5         2.  A teacher who holds a temporary certificate may use

 6  college credits or inservice points completed in

 7  English-for-Speakers-of-Other-Languages training toward

 8  renewal of the teacher's first professional certificate. Such

 9  training must not have been included within the degree

10  program, and the teacher's temporary and professional

11  certificates must be issued for consecutive school years.

12         (4)  When any person who holds a valid temporary

13  certificate or professional certificate is called into or

14  volunteers for actual wartime service or required peacetime

15  military service training, the certificate shall be renewed

16  for a period of time equal to the time spent in military

17  service if the person makes proper application and presents

18  substantiating evidence to the department or the employing

19  school district regarding such military service.

20         (5)  The State Board of Education shall adopt rules to

21  allow the reinstatement of expired professional certificates.

22  The department may reinstate an expired professional

23  certificate if the certificateholder:

24         (a)  Submits an application for reinstatement of the

25  expired certificate.

26         (b)  Documents completion of 6 college credits during

27  the 5 years immediately preceding reinstatement of the expired

28  certificate, completion of 120 inservice points, or a

29  combination thereof, in an area specified in paragraph (3)(a).

30         (c)  During the 5 years immediately preceding

31  reinstatement of the certificate, achieves a passing score on


                                 1367

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the subject area test for each subject to be shown on the

 2  reinstated certificate.

 3  

 4  The requirements of this subsection may not be satisfied by

 5  subject area tests or college credits completed for issuance

 6  of the certificate that has expired.

 7         Section 734.  Section 1012.59, Florida Statutes, is

 8  created to read: 

 9         1012.59  Certification fees.--

10         (1)  The State Board of Education, by rule, shall

11  establish separate fees for applications, examinations,

12  certification, certification renewal, late renewal,

13  recordmaking, and recordkeeping, and may establish procedures

14  for scheduling and administering an examination upon an

15  applicant's request. Each fee shall be based on department

16  estimates of the revenue required to implement the provisions

17  of law with respect to certification of school personnel. The

18  application fee shall be nonrefundable. Each examination fee

19  shall be sufficient to cover the actual cost of developing and

20  administering the examination, but shall not exceed $100 for

21  an examination.

22         (2)  The proceeds from the collection of certification

23  fees, fines, penalties, and costs levied pursuant to this

24  chapter shall be remitted by the Department of Education to

25  the Treasurer for deposit into a separate fund to be known as

26  the "Educational Certification and Service Trust Fund" and

27  disbursed for the payment of expenses incurred by the

28  Educational Practices Commission and in the printing of forms

29  and bulletins and the issuing of certificates, upon vouchers

30  approved by the department.

31  


                                 1368

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 735.  Section 1012.595, Florida Statutes, is

 2  created to read:

 3         1012.595  Saving clause.--Each applicant who was issued

 4  a certificate by the Department of Education prior to June 25,

 5  1986, shall be entitled to hold such certificate.  Henceforth,

 6  such certificate shall be renewed in accordance with the

 7  provisions of chapter 86-156, Laws of Florida.  No judicial or

 8  administrative proceeding against a holder of a certificate

 9  shall be abated as a result of this chapter.

10         Section 736.  Part III.e. of chapter 1012, Florida

11  Statutes, shall be entitled "Leave, Retirement, Workers'

12  Compensation in Public Schools" and shall consist of ss.

13  1012.61-1012.695.

14         Section 737.  Section 1012.61, Florida Statutes, is

15  created to read:

16         1012.61  Sick leave.--

17         (1)  ELIGIBILITY.--Any member of the instructional

18  staff or any other employee of a district school system

19  employed on a full-time basis in the public schools of the

20  state who is unable to perform his or her duty in the school

21  on account of personal sickness, accident disability, or

22  extended personal illness, or because of illness or death of

23  father, mother, brother, sister, husband, wife, child, other

24  close relative, or member of his or her own household, and

25  consequently has to be absent from his or her work shall be

26  granted leave of absence for sickness by the district school

27  superintendent or by someone designated in writing by the

28  district school superintendent to do so.

29         (2)  PROVISIONS GOVERNING SICK LEAVE.--The following

30  provisions shall govern sick leave:

31         (a)  Extent of leave.--


                                 1369

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         1.  Each member of the instructional staff employed on

 2  a full-time basis is entitled to 4 days of sick leave as of

 3  the first day of employment of each contract year and shall

 4  thereafter earn 1 day of sick leave for each month of

 5  employment, which shall be credited to the member at the end

 6  of that month and which may not be used before it is earned

 7  and credited to the member.  Each other employee shall be

 8  credited with 4 days of sick leave at the end of the first

 9  month of employment of each contract year and shall thereafter

10  be credited for 1 day of sick leave for each month of

11  employment, which shall be credited to the employee at the end

12  of the month and which may not be used before it is earned and

13  credited to the employee. However, each member of the

14  instructional staff and each other employee is entitled to

15  earn no more than 1 day of sick leave times the number of

16  months of employment during the year of employment. If the

17  employee terminates his or her employment and has not accrued

18  the 4 days of sick leave available to him or her, the district

19  school board may withhold the average daily amount for the

20  days of sick leave used but unearned by the employee. Such

21  leave may be taken only when necessary because of sickness as

22  prescribed in this section.  The sick leave shall be

23  cumulative from year to year.  There shall be no limit on the

24  number of days of sick leave which a member of the

25  instructional staff or an educational support employee may

26  accrue, except that at least one-half of this cumulative leave

27  must be established within the district granting such leave.

28         2.  A district school board may establish policies and

29  prescribe standards to permit an employee to be absent 6 days

30  each school year for personal reasons. However, such absences

31  


                                 1370

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  for personal reasons must be charged only to accrued sick

 2  leave, and leave for personal reasons is noncumulative.

 3         3.  District school boards may adopt rules permitting

 4  the annual payment for accumulated sick leave that is earned

 5  for that year and that is unused at the end of the school

 6  year, based on the daily rate of pay of the employee

 7  multiplied by up to 80 percent.  Days for which such payment

 8  is received shall be deducted from the accumulated leave

 9  balance. Such annual payment may apply only to instructional

10  staff and educational support employees.

11         4.  A district school board may establish policies to

12  provide terminal pay for accumulated sick leave to

13  instructional staff and educational support employees of the

14  district school board.  If termination of employment is by

15  death of the employee, any terminal pay to which the employee

16  may have been entitled may be made to his or her beneficiary.

17  However, such terminal pay may not exceed an amount determined

18  as follows:

19         a.  During the first 3 years of service, the daily rate

20  of pay multiplied by 35 percent times the number of days of

21  accumulated sick leave.

22         b.  During the next 3 years of service, the daily rate

23  of pay multiplied by 40 percent times the number of days of

24  accumulated sick leave.

25         c.  During the next 3 years of service, the daily rate

26  of pay multiplied by 45 percent times the number of days of

27  accumulated sick leave.

28         d.  During the next 3 years of service, the daily rate

29  of pay multiplied by 50 percent times the number of days of

30  accumulated sick leave.

31  


                                 1371

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         e.  During and after the 13th year of service, the

 2  daily rate of pay multiplied by 100 percent times the number

 3  of days of accumulated sick leave.

 4         5.  A district school board may establish policies to

 5  provide terminal pay for accumulated sick leave to any

 6  full-time employee of the district school board other than

 7  instructional staff or educational support employees as

 8  defined in this section.  If termination of the employee is by

 9  death of the employee, any terminal pay to which the employee

10  may have been entitled may be made to the employee's

11  beneficiary.

12         a.  Terminal pay may not exceed one-fourth of all

13  unused sick leave accumulated on or after July 1, 2001, and

14  may not exceed a maximum of 60 days of actual payment. This

15  limit does not impair any contractual agreement established

16  before July 1, 2001; however, a previously established

17  contract renewed on or after July 1, 2001, constitutes a new

18  contract.

19         b.  For unused sick leave accumulated before July 1,

20  2001, terminal payment shall be made pursuant to a district

21  school board's policies, contracts, or rules that are in

22  effect on June 30, 2001.

23         c.  If an employee has an accumulated sick leave

24  balance of 60 days of actual payment or more prior to July 1,

25  2001, sick leave earned after that date may not be accumulated

26  for terminal pay purposes until the accumulated leave balance

27  for leave earned before July 1, 2001, is less than 60 days.

28         (b)  Claim must be filed.--Any district school board

29  employee who finds it necessary to be absent from his or her

30  duties because of illness, as defined in this section, shall

31  notify his or her immediate supervisor, if possible, before


                                 1372

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the beginning of the workday on which the employee must be

 2  absent or during that day, except for emergency reasons

 3  recognized by the district school board as valid.  Any

 4  district school board employee shall, before claiming and

 5  receiving compensation for the time absent from his or her

 6  duties while absent because of sick leave as prescribed in

 7  this section, make and file within 5 working days following

 8  his or her return from such absence with the district school

 9  superintendent of the district in which he or she is so

10  employed a written certificate which shall set forth the day

11  or days absent, that such absence was necessary, and that the

12  employee is entitled or not entitled to receive pay for such

13  absence in accordance with the provisions of this section;

14  however, the district school board of any district may adopt

15  rules under which the district school superintendent may

16  require a certificate of illness from a licensed physician or

17  from the county health officer.

18         (c)  Compensation.--Any employee having unused sick

19  leave credit shall receive full-time compensation for the time

20  justifiably absent on sick leave, but no compensation may be

21  allowed beyond that which may be provided in subsection (4).

22         (d)  Expenditure authorized.--District school boards

23  may expend public funds for payment to employees on account of

24  sickness. The expending and excluding of such funds shall be

25  in compliance with rules adopted by the Department of

26  Management Services pursuant to chapter 650.

27         (e)  Use by family member.--Each district school system

28  must provide a policy under which a district employee may

29  authorize his or her spouse, child, parent, or sibling who is

30  also a district employee to use sick leave that has accrued to

31  the authorizing employee. In developing the policy, the


                                 1373

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  district school board must provide that the recipient may not

 2  use the donated sick leave until all of his or her sick leave

 3  has been depleted, excluding sick leave from a sick leave

 4  pool, if the recipient participates in a sick leave pool.

 5  Donated sick leave under this paragraph shall have no terminal

 6  value as provided in s. 1012.61(2).

 7         (3)  SICK LEAVE POOL.--Notwithstanding any other

 8  provision of this section, a district school board, based upon

 9  the maintenance of reliable and accurate records by the

10  district school system showing the amount of sick leave which

11  has been accumulated and is unused by employees in accordance

12  with this section, may, by rule or collective bargaining

13  agreement, establish one or more plans allowing participating

14  full-time employees of a district school system to pool sick

15  leave accrued and allowing any sick leave thus pooled to be

16  disbursed to any participating employee who is in need of sick

17  leave in excess of that amount he or she has personally

18  accrued.  Such rules or agreements shall include, but not be

19  limited to, the following provisions:

20         (a)  Participation in any sick leave pool shall at all

21  times be voluntary on the part of employees.

22         (b)  Any full-time employee shall be eligible for

23  participation in any sick leave pool after 1 year of

24  employment with the district school system, provided the

25  employee has accrued a minimum amount of unused sick leave

26  which shall be established by rule and provided, further, a

27  sick leave pool is established that allows participation by

28  that particular employee.

29         (c)  Any sick leave pooled pursuant to this section

30  shall be removed from the personally accumulated sick leave

31  balance of the employee donating such leave.


                                 1374

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (d)  Participating employees shall make equal

 2  contributions to the sick leave pool.  There shall be

 3  established a maximum amount of sick leave which may be

 4  contributed by an employee to the pool.  After the initial

 5  contribution which an employee makes upon electing to

 6  participate, no further contributions shall be required except

 7  as may be necessary to replenish the pool.  Any such further

 8  contribution shall be equally required of all employees

 9  participating in the pool.

10         (e)  Any sick leave time drawn from the pool by a

11  participating employee must be used for said employee's

12  personal illness, accident, or injury.

13         (f)  A participating employee is not eligible to use

14  sick leave from the pool until all of his or her sick leave

15  has been depleted, unless otherwise agreed to in a collective

16  bargaining agreement.  There shall be established a maximum

17  number of days for which an employee may draw sick leave from

18  the sick leave pool.

19         (g)  A participating employee who uses sick leave from

20  the pool is not required to recontribute such sick leave to

21  the pool, except as otherwise provided in this section.

22         (h)  A participating employee who chooses to no longer

23  participate in the sick leave pool is not eligible to withdraw

24  any sick leave already contributed to the pool.

25         (i)  Alleged abuse of the use of the sick leave pool

26  shall be investigated and, on a finding of wrongdoing, the

27  employee shall repay all of the sick leave credits drawn from

28  the sick leave pool and be subject to such other disciplinary

29  action as determined by the district school board to be

30  appropriate. Rules adopted for the administration of this

31  program shall provide for the investigation of the use of sick


                                 1375

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  leave utilized by the participating employee in the sick leave

 2  pool.

 3         Section 738.  Section 1012.62, Florida Statutes, is

 4  created to read:

 5         1012.62  Transfer of sick leave and annual leave.--In

 6  implementing the provisions of ss. 1001.42(4)(n) and

 7  402.22(1)(d), educational personnel in Department of Children

 8  and Family Services residential care facilities who are

 9  employed by a district school board may request, and the

10  district school board shall accept, a lump-sum transfer of

11  accumulated sick leave for such personnel to the maximum

12  allowed by policies of the district school board,

13  notwithstanding the provisions of s. 110.122.  Educational

14  personnel in Department of Children and Family Services

15  residential care facilities who are employed by a district

16  school board under the provisions of s. 402.22(1)(d) may

17  request, and the district school board shall accept, a

18  lump-sum transfer of accumulated annual leave for each person

19  employed by the district school board in a position in the

20  district eligible to accrue vacation leave under policies of

21  the district school board.

22         Section 739.  Section 1012.63, Florida Statutes, is

23  created to read:

24         1012.63  Illness-in-line-of-duty leave.--Any district

25  school board employee shall be entitled to

26  illness-in-line-of-duty leave when he or she has to be absent

27  from his or her duties because of a personal injury received

28  in the discharge of duty or because of illness from any

29  contagious or infectious disease contracted in school work.

30  The following requirements shall be observed:

31  


                                 1376

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (1)  DURATION OF LEAVE AND COMPENSATION.--Leave of the

 2  district school board employee shall be authorized for a total

 3  of not to exceed 10 school days during any school year for

 4  illness contracted, or injury incurred, from the causes

 5  prescribed above. However, in the case of sickness or injury

 6  occurring under such circumstances as in the opinion of the

 7  district school board warrant it, additional emergency sick

 8  leave may be granted out of local funds for such term and

 9  under such conditions as the district school board deems

10  proper.  The district school board may carry insurance to

11  safeguard the district school board against excessive payments

12  during any year.

13         (2)  CLAIMS.--Any district school board employee who

14  has any claim for compensation while absent because of illness

15  contracted or injury incurred as prescribed herein shall file

16  a claim in the manner prescribed in s. 1012.61(2)(b) within 5

17  working days following the employee's return from such

18  absence. The school board of the district in which such person

19  is employed shall approve the claims and authorize the payment

20  thereof if the district school board is satisfied that the

21  claim correctly states the facts and that the claim is

22  entitled to payment in accordance with the provisions of this

23  section.

24         Section 740.  Section 1012.64, Florida Statutes, is

25  created to read:

26         1012.64  Sabbatical leave.--

27         (1)  Any member of the instructional staff of any

28  school district may be granted sabbatical leave for a period

29  not to exceed 1 year.  A person who receives such leave may be

30  paid one-half of his or her ordinary salary during the period

31  of such leave, or in accordance with negotiated agreement or


                                 1377

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  district school board policy, and shall receive full benefits

 2  during such period.  A person compensated under this section

 3  may not be compensated for other employment during the period

 4  of sabbatical leave so that he or she would receive combined

 5  compensation in excess of his or her ordinary salary.

 6         (2)  Funds, not to exceed 25 percent, of the district's

 7  allocation for inservice training under s. 1011.62(3) or other

 8  district funds may be expended in order to fulfill the

 9  provisions of this section, provided that the district

10  allocates $5 of district funds for each $1 of state inservice

11  training funds expended under this subsection.

12         (3)  Each district school board shall adopt rules to

13  implement this section.

14         Section 741.  Section 1012.65, Florida Statutes, is

15  created to read:

16         1012.65  Terminal pay for accrued vacation leave.--A

17  district school board may establish policies to provide for a

18  lump-sum payment for accrued vacation leave to an employee of

19  the district school board upon termination of employment or

20  upon retirement, or to the employee's beneficiary if service

21  is terminated by death. Effective July 1, 2001, terminal pay

22  for accrued vacation leave may not exceed a maximum of 60 days

23  of actual payment. This limit does not impair any contractual

24  agreement established before July 1, 2001. For unused vacation

25  leave accumulated before July 1, 2001, terminal payment shall

26  be made pursuant to the district school board's policies,

27  contracts, or rules that are in effect on June 30, 2001.

28         Section 742.  Section 1012.66, Florida Statutes, is

29  created to read:

30         1012.66  Provisions for leaves of absence.--All leaves

31  of absence for all district school board employees, except


                                 1378

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  those leaves prescribed by law, shall be granted with or

 2  without compensation pursuant to rules adopted by the district

 3  school board.  Such leaves authorized by the district school

 4  board shall include, but are not limited to, professional

 5  leave and extended professional leave, personal leave,

 6  military leave granted in compliance with chapter 115, and

 7  maternity leave.

 8         Section 743.  Section 1012.67, Florida Statutes, is

 9  created to read:

10         1012.67  Absence without leave.--Any district school

11  board employee who is willfully absent from duty without leave

12  shall forfeit compensation for the time of such absence, and

13  his or her employment shall be subject to termination by the

14  district school board.

15         Section 744.  Section 1012.68, Florida Statutes, is

16  created to read:

17         1012.68  Records of absences.--The administrator of

18  each designated organizational unit shall see that both the

19  days present and the days absent for each employee are

20  reported to the district school superintendent at least once

21  each month in the manner prescribed for that purpose. This

22  report shall include the exact dates of, and the reasons for,

23  each absence. Each district school superintendent shall

24  establish procedures to ensure maintenance of the complete

25  records of all such absences.

26         Section 745.  Section 1012.685, Florida Statutes, is

27  created to read:

28         1012.685  Retirement; annuities authorized.--

29         (1)  District school boards may purchase annuities for

30  all school personnel with 25 or more years of creditable

31  service who have reached age 50 and have applied for


                                 1379

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  retirement under the Florida Retirement System or who have

 2  reached age 55 and have applied for retirement under plan E of

 3  the Teachers' Retirement System. No such annuity shall provide

 4  for more than the total difference in retirement income

 5  between the retirement benefit based on average monthly

 6  compensation and creditable service as of the member's early

 7  retirement date and the early retirement benefit.

 8         (2)  District school boards may purchase annuities for

 9  members of the Florida Retirement System who have out-of-state

10  teaching service in another state or country which is

11  documented as valid by the appropriate district school board.

12  Such annuities may be based on no more than 5 years of

13  out-of-state teaching service and may equal, but not exceed,

14  the benefits that would be payable under the Florida

15  Retirement System if credit for out-of-state teaching was

16  authorized under that system.

17         (3)  District school boards may invest funds, purchase

18  annuities, or provide local supplemental retirement programs

19  for purposes of providing annuities for school personnel.

20         (4)  All retirement annuities shall comply with s. 14,

21  Art. X of the State Constitution.

22         Section 746.  Section 1012.69, Florida Statutes, is

23  created to read:

24         1012.69  Provisions relating to Workers' Compensation

25  Law.--Nothing contained in this chapter shall supersede any of

26  the provisions of the Workers' Compensation Law; provided,

27  however, that where amounts payable under the provisions of

28  the education code, for injuries, accidents, or other

29  disabilities which would entitle an employee to compensation

30  under the provisions of the Workers' Compensation Law exceed

31  the amounts payable under the compensation law, payments shall


                                 1380

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  be made, as provided in the education code, for the difference

 2  between the amount paid under the Workers' Compensation Law

 3  and the amount due under the provisions of the education code.

 4         Section 747.  Section 1012.695, Florida Statutes, is

 5  created to read:

 6         1012.695  Local civil service system laws not

 7  superseded.--Sections 1012.66, 1012.61, and 1012.63 shall not

 8  be construed to supersede or modify any local law establishing

 9  a civil service system covering employees of any school

10  district.

11         Section 748.  Part III.f. of chapter 1012, Florida

12  Statutes, shall be entitled "Educator Benefits; Liability

13  Protection; Awards in Public Schools" and shall consist of ss.

14  1012.71-1012.77.

15         Section 749.  Section 1012.71, Florida Statutes, is

16  created to read:

17         1012.71  The Florida Teachers Lead Program Stipend.--

18         (1)  Funding for the Florida Teachers Lead Program

19  Stipend shall be as determined by the Legislature in the

20  General Appropriations Act. Funds appropriated for the Florida

21  Teachers Lead Program Stipend are provided to purchase

22  classroom materials and supplies used in the instruction of

23  students in kindergarten through grade 12 of the public school

24  system. From the funds appropriated, the Commissioner of

25  Education shall calculate an amount for each school district

26  by prorating the total of each school district's share of the

27  total K-12 unweighted FTE student enrollment.

28         (2)  From the funds allocated to each district, the

29  district school board shall calculate an identical amount for

30  each classroom teacher which is his or her proportionate share

31  of the amount allocated to the district for the total number


                                 1381

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  of teachers in the district. The district school board shall

 2  provide the funds no later than September 30 of each year

 3  directly to each teacher as a stipend to purchase, on behalf

 4  of the school district, classroom materials and supplies to be

 5  used in the instruction of students assigned to the teacher.

 6  Each teacher shall have sole discretion regarding which

 7  classroom materials and supplies best meet the needs of the

 8  students, when they are needed, and where they are acquired.

 9  The funds expended by individual teachers shall not be subject

10  to state or local competitive bidding requirements.

11  Disbursement of Florida Teachers Lead Program Stipend funds

12  directly to each teacher shall complete the school district's

13  expenditure of these funds.

14         (3)  Each teacher shall sign a statement acknowledging

15  receipt of the funds, agreeing to keep receipts to show the

16  expenditure of the funds used to purchase classroom materials

17  and supplies for use in the instruction of the students

18  assigned to them, and agreeing to return any unused funds by

19  the end of the regular school year. The statement to be signed

20  and dated by each teacher for receipt of the Florida Teachers

21  Lead Program Stipend shall include the wording: "I, ...(Name

22  of teacher)..., am employed by the .... County District School

23  Board as a full-time classroom teacher. I acknowledge that

24  Florida Teachers Lead Program Stipend funds are appropriated

25  by the Legislature for the sole purpose of purchasing

26  classroom materials and supplies to be used in the instruction

27  of students assigned to me. In accepting custody of these

28  funds, I agree to keep receipts for all expenditures. I

29  understand that if I do not keep receipts showing these funds

30  were spent to purchase classroom materials and supplies for

31  use with my students, it will be my personal responsibility to


                                 1382

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  pay any federal taxes due on these funds. I also agree to

 2  return any unused funds to the district school board at the

 3  end of the regular school year for deposit into the School

 4  Advisory Council account of the school at which I was employed

 5  at the time of the receipt of the funds."

 6         (4)  Florida Teachers Lead Program Stipend funds shall

 7  be provided to each teacher in addition to any other funds

 8  appropriated for public school operations.

 9         (5)  Any unused funds which are returned to the

10  district school board shall be deposited into the School

11  Advisory Council account of the school at which the teacher

12  returning the funds was employed at the time of the receipt of

13  the funds.

14         (6)  For purposes of this section, the term "classroom

15  teacher" includes certified teachers employed on or before

16  September 1 of each year whose full-time job responsibility is

17  the classroom instruction of students in kindergarten through

18  grade 12, and full-time media specialists and guidance

19  counselors who serve students in kindergarten through grade

20  12. Only school district personnel employed in these positions

21  are eligible for the classroom materials and supply stipend

22  from funds appropriated to implement the provisions of this

23  section.

24         Section 750.  Section 1012.72, Florida Statutes, is

25  created to read:

26         1012.72  Excellent Teaching Program.--

27         (1)  The Legislature recognizes that teachers play a

28  critical role in preparing students to achieve the high levels

29  of academic performance expected by the Sunshine State

30  Standards. The Legislature further recognizes the importance

31  of identifying and rewarding teaching excellence and of


                                 1383

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  encouraging good teachers to become excellent teachers. The

 2  Legislature finds that the National Board of Professional

 3  Teaching Standards (NBPTS) has established high and rigorous

 4  standards for accomplished teaching and has developed a

 5  national voluntary system for assessing and certifying

 6  teachers who demonstrate teaching excellence by meeting those

 7  standards. It is therefore the Legislature's intent to provide

 8  incentives for teachers to seek NBPTS certification and to

 9  reward teachers who demonstrate teaching excellence by

10  attaining NBPTS certification and sharing their expertise with

11  other teachers.

12         (2)  The Excellent Teaching Program is created to

13  provide monetary incentives and bonuses for teaching

14  excellence. The Department of Education shall distribute to

15  each school district or to the NBPTS an amount as prescribed

16  annually by the Legislature for the Excellent Teaching

17  Program. For purposes of this section, the Florida School for

18  the Deaf and the Blind shall be considered a school district.

19  Unless otherwise provided in the General Appropriations Act,

20  each distribution shall be the sum of the amounts earned for

21  the following incentives and bonuses:

22         (a)  A fee subsidy to be paid by the Department of

23  Education to the NBPTS on behalf of each individual who is an

24  employee of a district school board or a public school within

25  the school district, who is certified by the district to have

26  demonstrated satisfactory teaching performance pursuant to s.

27  1012.34 and who satisfies the prerequisites for participating

28  in the NBPTS certification program, and who agrees, in

29  writing, to pay 10 percent of the NBPTS participation fee and

30  to participate in the NBPTS certification program during the

31  school year for which the fee subsidy is provided. The fee


                                 1384

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  subsidy for each eligible participant shall be an amount equal

 2  to 90 percent of the fee charged for participating in the

 3  NBPTS certification program. The fee subsidy is a one-time

 4  award and may not be duplicated for any individual.

 5         (b)  A portfolio-preparation incentive of $150 paid by

 6  the Department of Education to each teacher employed by a

 7  district school board or a public school within a school

 8  district who is participating in the NBPTS certification

 9  program. The portfolio-preparation incentive is a one-time

10  award paid during the school year for which the NBPTS fee

11  subsidy is provided.

12         (c)  An annual bonus equal to 10 percent of the prior

13  fiscal year's statewide average salary for classroom teachers

14  to be distributed to the school district to be paid to each

15  individual who holds NBPTS certification and is employed by

16  the district school board or by a public school within the

17  school district. The district school board shall distribute

18  the annual bonus to each individual who meets the requirements

19  of this paragraph and who is certified annually by the

20  district to have demonstrated satisfactory teaching

21  performance pursuant to s. 1012.34. The annual bonus may be

22  paid as a single payment or divided into not more than three

23  payments.

24         (d)  An annual bonus equal to 10 percent of the prior

25  fiscal year's statewide average salary for classroom teachers

26  to be distributed to the school district to be paid to each

27  individual who meets the requirements of paragraph (c) and

28  agrees, in writing, to provide the equivalent of 12 workdays

29  of mentoring and related services to public school teachers

30  within the state who do not hold NBPTS certification. The

31  district school board shall distribute the annual bonus in a


                                 1385

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  single payment following the completion of all required

 2  mentoring and related services for the year. It is not the

 3  intent of the Legislature to remove excellent teachers from

 4  their assigned classrooms; therefore, credit may not be

 5  granted by a school district or public school for mentoring or

 6  related services provided during student contact time during

 7  the 196 days of required service for the school year.

 8  

 9  A teacher for whom the state pays the certification fee and

10  who does not complete the certification program or does not

11  teach in a public school of this state for at least 1 year

12  after completing the certification program must repay the

13  amount of the certification fee to the state. However, a

14  teacher who completes the certification program but fails to

15  be awarded NBPTS certification is not required to repay the

16  amount of the certification fee if the teacher meets the

17  1-year teaching requirement. Repayment is not required of a

18  teacher who does not complete the certification program or

19  fails to fulfill the teaching requirement because of the

20  teacher's death or disability or because of other extenuating

21  circumstances as determined by the State Board of Education.

22         (3)(a)  In addition to any other remedy available under

23  the law, any person who is a recipient of a certification fee

24  subsidy paid to the NBPTS and who is an employee of the state

25  or any of its political subdivisions is considered to have

26  consented, as a condition of employment, to the voluntary or

27  involuntary withholding of wages to repay to the state the

28  amount of such a certification fee subsidy awarded under this

29  section. Any such employee who defaults on the repayment of

30  such a certification fee subsidy must, within 60 days after

31  service of a notice of default by the Department of Education


                                 1386

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  to the employee, establish a repayment schedule which must be

 2  agreed to by the department and the employee, for repaying the

 3  defaulted sum through payroll deductions. The department may

 4  not require the employee to pay more than 10 percent of the

 5  employee's pay per pay period under such a repayment schedule

 6  or plan. If the employee fails to establish a repayment

 7  schedule within the specified period of time or fails to meet

 8  the terms and conditions of the agreed upon or approved

 9  repayment schedule as authorized by this subsection, the

10  employee has breached an essential condition of employment and

11  is considered to have consented to the involuntary withholding

12  of wages or salary for the repayment of the certification fee

13  subsidy.

14         (b)  A person who is employed by the state, or any of

15  its political subdivisions, may not be dismissed for having

16  defaulted on the repayment of the certification fee subsidy to

17  the state.

18         (4)  The State Board of Education may adopt rules

19  pursuant to ss. 120.536 and 120.54 as necessary to implement

20  the provisions for payment of the fee subsidies, incentives,

21  and bonuses and for the repayment of defaulted certification

22  fee subsidies under this section.

23         (5)  The Excellent Teaching Program Trust Fund shall be

24  administered by the Department of Education pursuant to s.

25  1010.72.

26         Section 751.  Section 1012.73, Florida Statutes, is

27  created to read:

28         1012.73  Florida Mentor Teacher School Pilot Program.--

29         (1)  The Legislature recognizes that high-quality

30  teachers are essential to assuring excellence and increasing

31  the achievement levels of all students. The purpose of this


                                 1387

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  section is to provide a model to reform and improve the

 2  current structure of the teaching profession. There is created

 3  a Florida Mentor Teacher School Pilot Program to attract,

 4  retain, and motivate high-quality teachers. The commissioner

 5  shall select a combination of elementary, middle, and high

 6  schools representing small, medium, and large districts. Each

 7  approved school shall receive an equivalent grant based upon

 8  the number of schools selected by the commissioner and the

 9  amount of the legislative appropriation. Each mentor teacher

10  school program shall be approved based on criteria specified

11  by the commissioner.

12         (2)  The goals of the Florida Mentor Teacher School

13  Pilot Program are to:

14         (a)  Provide teachers with multiple career paths,

15  beginning as education paraprofessionals and rising to

16  associate teachers, teachers, lead teachers, and mentor

17  teachers. The five levels must have highly differentiated

18  duties. The mentor teacher shall have a reduced teaching

19  schedule that permits weekly instruction to all students under

20  the mentor teacher's supervision while also allowing for

21  demonstration lessons, coaching, facilitating curriculum

22  development, and providing staff development for other

23  teachers at the school.

24         (b)  Establish broad salary ranges to provide

25  flexibility and to reward performance and to negotiate

26  salaries to attract teachers to hard-to-staff schools and

27  subjects. Advancement shall be determined by academic

28  achievement, examination, demonstration, and student learning

29  gains data. Each mentor teacher shall be eligible for a total

30  annual salary incentive of up to twice the average district

31  classroom teacher's salary. Fifty percent of the mentor


                                 1388

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  teacher salary incentive shall be based on increased student

 2  achievement of students assigned to the supervision of the

 3  mentor teacher.

 4         (c)  Provide ongoing professional development for

 5  teachers to learn and grow professionally that includes a

 6  daily block of time for associate teachers, teachers, and lead

 7  teachers to reflect and plan and to interact with the mentor

 8  teacher.

 9         (d)  Provide all eligible teachers with the opportunity

10  for national certification.

11         (e)  Provide for a specified organizational pattern,

12  such as clusters or teams of teachers for grade levels or

13  subject areas comprised of associate teachers, teachers, and

14  lead teachers who are supported by education paraprofessional

15  learning guides and directed by a mentor teacher.

16         (3)  The five teacher career development positions and

17  minimum requirements are:

18         (a)  Education paraprofessional learning guide.--An

19  education paraprofessional learning guide must hold an

20  associate degree from a postsecondary educational institution

21  and must demonstrate appropriate writing, speaking, and

22  computation skills.

23         (b)  Associate teacher.--An associate teacher must hold

24  a bachelor's degree from a postsecondary educational

25  institution and a valid Florida teaching certificate as

26  provided by s. 1012.56.

27         (c)  Teacher.--A teacher must hold a bachelor's degree

28  or higher from a postsecondary educational institution and a

29  valid Florida teaching certificate, have a minimum of 3 years'

30  full-time teaching experience, document satisfactory teaching

31  


                                 1389

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  performance, and document evidence of positive student

 2  learning gains, when data become available.

 3         (d)  Lead teacher.--A lead teacher must hold a

 4  bachelor's degree or higher from a postsecondary educational

 5  institution and a valid Florida professional teaching

 6  certificate, have a minimum of 3 years' full-time teaching

 7  experience, document exemplary teaching performance, and

 8  document evidence of significant positive student learning

 9  gains, when data become available. A lead teacher shall

10  provide intensive support for associate teachers and teachers.

11         (e)  Mentor teacher.--A mentor teacher must:

12         1.  Hold a bachelor's degree or higher from a

13  postsecondary educational institution and a valid Florida

14  professional teaching certificate.

15         2.  Have a minimum of 5 years' full-time teaching

16  experience.

17         3.  Document exemplary teaching performance.

18         4.  Document evidence of significant positive student

19  learning gains, when data become available.

20         5.  Hold a valid National Board for Professional

21  Teaching Standards certificate; have been selected as a

22  school, district, or state teacher of the year; or hold an

23  equivalent status as determined by the commissioner.

24         6.  Demonstrate expertise as a staff developer.

25         (4)  The State Board of Education may adopt rules,

26  pursuant to ss. 120.536(1) and 120.54, for the implementation

27  of this section and approval of the mentor teacher school

28  program.

29         (5)  This section shall be implemented to the extent

30  specifically funded in the General Appropriations Act.

31  


                                 1390

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 752.  Section 1012.74, Florida Statutes, is

 2  created to read:

 3         1012.74  Florida educators professional liability

 4  insurance protection.--

 5         (1)  The Legislature intends that all the teachers in

 6  this state be protected from liability for monetary damages

 7  and the cost of defense of actions resulting from claims made

 8  against them arising out of occurrences in the course of

 9  activities in their professional capacity.

10         (2)(a)  Educator professional liability coverage for

11  all instructional personnel, as defined by s. 1012.01(2), who

12  are full-time personnel, as defined by the district school

13  board policy, shall be provided by specific appropriations

14  under the General Appropriations Act.

15         (b)  Educator professional liability coverage shall be

16  extended at cost to all instructional personnel, as defined by

17  s. 1012.01(3), who are part-time personnel, as defined by the

18  district school board policy, and choose to participate in the

19  state-provided program.

20         (c)  Educator professional liability coverage shall be

21  extended at cost to all administrative personnel, as defined

22  by s. 1012.01(2), who choose to participate in the

23  state-provided program.

24         (3)  The Department of Education shall administer the

25  educator liability program. The insurance carrier providing

26  any portion of educator professional liability coverage under

27  the program which is procured with state funds must be

28  selected by a competitive process. The amount of the

29  appropriation for purchase of liability insurance remaining

30  after liability insurance is provided shall revert to general

31  revenue unallocated.


                                 1391

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 753.  Section 1012.75, Florida Statutes, is

 2  created to read:

 3         1012.75  Liability of teacher or principal; excessive

 4  force.--

 5         (1)  Except in the case of excessive force or cruel and

 6  unusual punishment, a teacher or other member of the

 7  instructional staff, a principal or the principal's designated

 8  representative, or a bus driver shall not be civilly or

 9  criminally liable for any action carried out in conformity

10  with State Board of Education and district school board rules

11  regarding the control, discipline, suspension, and expulsion

12  of students, including, but not limited to, any exercise of

13  authority under s. 1003.32 or s. 1006.09.

14         (2)  The State Board of Education shall adopt rules

15  that outline administrative standards for the use of

16  reasonable force by school personnel to maintain a safe and

17  orderly learning environment. Such standards shall be

18  distributed to each school in the state and shall provide

19  guidance to school personnel in receiving the limitations on

20  liability specified in this section.

21         Section 754.  Section 1012.77, Florida Statutes, is

22  created to read:

23         1012.77  Christa McAuliffe Ambassador for Education

24  Program.--

25         (1)  The Legislature recognizes that Florida continues

26  to face teacher shortages and that fewer young people consider

27  teaching as a career. It is the intent of the Legislature to

28  promote the positive and rewarding aspects of being a teacher,

29  to encourage more individuals to become teachers, and to

30  provide annual sabbatical support for outstanding Florida

31  teachers to serve as goodwill ambassadors for education.  The


                                 1392

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Legislature further wishes to honor the memory of Christa

 2  McAuliffe, who epitomized the challenge and inspiration that

 3  teaching can be.

 4         (2)  The Christa McAuliffe Ambassador for Education

 5  Program is established to provide salary, travel, and other

 6  related expenses annually for an outstanding Florida teacher

 7  to promote the positive aspects of teaching as a career.  The

 8  goals of the program are to:

 9         (a)  Enhance the stature of teachers and the teaching

10  profession.

11         (b)  Promote the importance of quality education and

12  teaching for our future.

13         (c)  Inspire and attract talented people to become

14  teachers.

15         (d)  Provide information regarding Florida's

16  scholarship and loan programs related to teaching.

17         (e)  Promote the teaching profession within community

18  and business groups.

19         (f)  Provide information to retired military personnel

20  and other individuals who might consider teaching as a second

21  career.

22         (g)  Work with and represent the Department of

23  Education, as needed.

24         (h)  Work with and encourage the efforts of school and

25  district teachers of the year.

26         (i)  Support the activities of the Florida Future

27  Educator of America Program.

28         (j)  Represent Florida teachers at business, trade,

29  education, and other conferences and meetings.

30  

31  


                                 1393

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (k)  Promote the teaching profession in other ways

 2  related to the teaching responsibilities, background

 3  experiences, and aspirations of the Ambassador for Education.

 4         (3)  The Teacher of the Year shall serve as the

 5  Ambassador for Education.  If the Teacher of the Year is

 6  unable to serve as the Ambassador for Education, the first

 7  runner-up shall serve in his or her place.  The Department of

 8  Education shall establish application and selection procedures

 9  for determining an annual teacher of the year. Applications

10  and selection criteria shall be developed and distributed

11  annually by the Department of Education to all school

12  districts. The Commissioner of Education shall establish a

13  selection committee which assures representation from teacher

14  organizations, administrators, and parents to select the

15  Teacher of the Year and Ambassador for Education from among

16  the district teachers of the year.

17         (4)(a)  The Commissioner of Education shall pay an

18  annual salary, fringe benefits, travel costs, and other costs

19  associated with administering the program.

20         (b)  The Ambassador for Education shall serve for 1

21  year, from July 1 to June 30, and shall be assured of

22  returning to his or her teaching position upon completion of

23  the program.  The ambassador will not have a break in

24  creditable or continuous service or employment for the period

25  of time in which he or she participates in the program.

26         Section 755.  Part III.g. of chapter 1012, Florida

27  Statutes, shall be entitled "Personnel Discipline and

28  Assistance in Public Schools" and shall consist of ss.

29  1012.79-1012.799.

30         Section 756.  Section 1012.79, Florida Statutes, is

31  created to read:


                                 1394

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         1012.79  Education Practices Commission;

 2  organization.--

 3         (1)  The Education Practices Commission consists of 17

 4  members, including 7 teachers, 5 administrators, and 5 lay

 5  citizens (of whom 2 shall be former district school board

 6  members), appointed by the State Board of Education from

 7  nominations by the Commissioner of Education and subject to

 8  Senate confirmation. Prior to making nominations, the

 9  commissioner shall consult with the teaching and other

10  involved associations in the state. In making nominations, the

11  commissioner shall attempt to achieve equal geographical

12  representation, as closely as possible.

13         (a)  A teacher member, in order to be qualified for

14  appointment:

15         1.  Must be certified to teach in the state.

16         2.  Must be a resident of the state.

17         3.  Must have practiced the profession in this state

18  for at least 5 years immediately preceding the appointment.

19         (b)  A school administrator member, in order to be

20  qualified for appointment:

21         1.  Must have an endorsement on the educator

22  certificate in the area of school administration or

23  supervision.

24         2.  Must be a resident of the state.

25         3.  Must have practiced the profession as an

26  administrator for at least 5 years immediately preceding the

27  appointment.

28         (c)  The lay members must be residents of the state.

29         (2)  Members of the commission shall serve for 4-year

30  staggered terms.  No commission member may serve more than 8

31  years.


                                 1395

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (3)  The State Board of Education may remove any member

 2  from the commission for misconduct or malfeasance in office,

 3  incapacity, or neglect of duty.

 4         (4)  From among its members, the commission shall elect

 5  a chair who shall preside over meetings of the commission and

 6  perform other duties directed by the commission or required by

 7  its duly adopted rules or operating procedures.  School

 8  districts shall be reimbursed for substitute teachers required

 9  to replace commission members, when they are carrying out

10  their official duties, at a rate established by the school

11  district for substitute teachers.  The department may

12  reimburse local school districts for substitutes.

13         (5)  The commission, by a vote of three-fourths of the

14  membership, shall employ an executive director, who shall be

15  exempt from career service. The executive director may be

16  dismissed by a majority vote of the membership.

17         (6)(a)  The commission shall be assigned to the

18  Department of Education for administrative purposes.  The

19  commission, in the performance of its powers and duties, shall

20  not be subject to control, supervision, or direction by the

21  Department of Education.

22         (b)  The property, personnel, and appropriations

23  related to the specified authority, powers, duties, and

24  responsibilities of the commission shall be provided to the

25  commission by the Department of Education.

26         (7)  The duties and responsibilities of the commission

27  are to:

28         (a)  Interpret and apply the standards of professional

29  practice established by the State Board of Education.

30         (b)  Revoke or suspend a certificate or take other

31  appropriate action as provided in ss. 1012.56 and 1012.796.


                                 1396

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (c)  Report to and meet with the State Board of

 2  Education at least once each year.

 3         (d)  Adopt rules pursuant to ss. 120.536(1) and 120.54

 4  to implement provisions of law conferring duties upon it.

 5         (8)(a)  The commission shall, from time to time,

 6  designate members of the commission to serve on panels for the

 7  purpose of reviewing and issuing final orders upon cases

 8  presented to the commission.  A case concerning a complaint

 9  against a teacher shall be reviewed and a final order thereon

10  shall be entered by a panel composed of seven commission

11  members, four of whom shall be teachers. A case concerning a

12  complaint against an administrator shall be reviewed and a

13  final order thereon shall be entered by a panel composed of

14  seven commission members, four of whom shall be

15  administrators.

16         (b)  A majority of a quorum of a panel of the

17  commission shall have final agency authority in all cases

18  involving the revocation, suspension, or other disciplining of

19  certificates of teachers and school administrators. A majority

20  of the membership of the panel shall constitute a quorum. The

21  district school board shall retain the authority to discipline

22  teachers and administrators pursuant to law.

23         (9)  The commission shall make such expenditures as may

24  be necessary in exercising its authority and powers and

25  carrying out its duties and responsibilities, including

26  expenditures for personal services, general counsel or access

27  to counsel, and rent at the seat of government and elsewhere;

28  for books of reference, periodicals, furniture, equipment, and

29  supplies; and for printing and binding.  The expenditures of

30  the commission shall be subject to the powers and duties of

31  the Department of Banking and Finance as provided in s. 17.03.


                                 1397

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (10)  The commission shall be financed from the

 2  following: certification fees; fines, penalties, and costs

 3  collected pursuant to s. 1012.796(9); and general revenue.

 4         Section 757.  Section 1012.795, Florida Statutes, is

 5  created to read:

 6         1012.795  Education Practices Commission; authority to

 7  discipline.--

 8         (1)  The Education Practices Commission may suspend the

 9  educator certificate of any person as defined in s. 1012.01(2)

10  or (3) for a period of time not to exceed 3 years, thereby

11  denying that person the right to teach for that period of

12  time, after which the holder may return to teaching as

13  provided in subsection (4); may revoke the educator

14  certificate of any person, thereby denying that person the

15  right to teach for a period of time not to exceed 10 years,

16  with reinstatement subject to the provisions of subsection

17  (4); may revoke permanently the educator certificate of any

18  person; may suspend the educator certificate, upon order of

19  the court, of any person found to have a delinquent child

20  support obligation; or may impose any other penalty provided

21  by law, provided it can be shown that the person:

22         (a)  Obtained the educator certificate by fraudulent

23  means.

24         (b)  Has proved to be incompetent to teach or to

25  perform duties as an employee of the public school system or

26  to teach in or to operate a private school.

27         (c)  Has been guilty of gross immorality or an act

28  involving moral turpitude.

29         (d)  Has had an educator certificate revoked in another

30  state.

31  


                                 1398

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (e)  Has been convicted of a misdemeanor, felony, or

 2  any other criminal charge, other than a minor traffic

 3  violation.

 4         (f)  Upon investigation, has been found guilty of

 5  personal conduct which seriously reduces that person's

 6  effectiveness as an employee of the district school board.

 7         (g)  Has breached a contract, as provided in s.

 8  1012.33(2).

 9         (h)  Has been the subject of a court order directing

10  the Education Practices Commission to suspend the certificate

11  as a result of a delinquent child support obligation.

12         (i)  Has violated the Principles of Professional

13  Conduct for the Education Profession prescribed by State Board

14  of Education rules.

15         (j)  Has otherwise violated the provisions of law, the

16  penalty for which is the revocation of the educator

17  certificate.

18         (k)  Has violated any order of the Education Practices

19  Commission.

20         (2)  The plea of guilty in any court, the decision of

21  guilty by any court, the forfeiture by the teaching

22  certificateholder of a bond in any court of law, or the

23  written acknowledgment, duly witnessed, of offenses listed in

24  subsection (1) to the district school superintendent or a duly

25  appointed representative or to the district school board shall

26  be prima facie proof of grounds for revocation of the

27  certificate as listed in subsection (1) in the absence of

28  proof by the certificateholder that the plea of guilty,

29  forfeiture of bond, or admission of guilt was caused by

30  threats, coercion, or fraudulent means.

31  


                                 1399

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (3)  The revocation by the Education Practices

 2  Commission of an educator certificate of any person

 3  automatically revokes any and all Florida educator

 4  certificates held by that person.

 5         (4)(a)  An educator certificate which has been

 6  suspended under this section is automatically reinstated at

 7  the end of the suspension period, provided the certificate did

 8  not expire during the period of suspension.  If the

 9  certificate expired during the period of suspension, the

10  holder of the former certificate may secure a new certificate

11  by making application therefor and by meeting the

12  certification requirements of the state board current at the

13  time of the application for the new certificate. An educator

14  certificate suspended pursuant to a court order for a

15  delinquent child support obligation may only be reinstated

16  upon notice from the court that the party has complied with

17  the terms of the court order.

18         (b)  A person whose educator certificate has been

19  revoked under this section may apply for a new certificate at

20  the expiration of that period of ineligibility fixed by the

21  Education Practices Commission by making application therefor

22  and by meeting the certification requirements of the state

23  board current at the time of the application for the new

24  certificate.

25         (5)  Each district school superintendent and the

26  governing authority of each university lab school,

27  state-supported school, or private school shall report to the

28  department the name of any person certified pursuant to this

29  chapter or employed and qualified pursuant to s. 1012.39:

30  

31  


                                 1400

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (a)  Who has been convicted of, or who has pled nolo

 2  contendere to, a misdemeanor, felony, or any other criminal

 3  charge, other than a minor traffic infraction;

 4         (b)  Who that official has reason to believe has

 5  committed or is found to have committed any act which would be

 6  a ground for revocation or suspension under subsection (1); or

 7         (c)  Who has been dismissed or severed from employment

 8  because of conduct involving any immoral, unnatural, or

 9  lascivious act.

10         (6)(a)  When an individual violates the provisions of a

11  settlement agreement enforced by a final order of the

12  Education Practices Commission, an order to show cause may be

13  issued by the clerk of the commission. The order shall require

14  the individual to appear before the commission to show cause

15  why further penalties should not be levied against the

16  individual's certificate pursuant to the authority provided to

17  the Education Practices Commission in subsection (1). The

18  Education Practices Commission may fashion further penalties

19  under the authority of subsection (1) as deemed appropriate

20  when the show cause order is responded to by the individual.

21         (b)  The Education Practices Commission shall issue a

22  final order revoking an individual's Florida educator's

23  certificate for a minimum of 1 year under the following

24  circumstances:

25         1.  If the individual:

26         a.  Has been found to have violated the provisions of

27  this section, such that the Education Practices Commission has

28  the authority to discipline the individual's Florida

29  educator's certificate on two separate occasions;

30  

31  


                                 1401

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         b.  Has twice entered into a settlement agreement

 2  enforced by a final order of the Education Practices

 3  Commission; or

 4         c.  Has been found to have violated the provisions of

 5  this section, such that the Education Practices Commission has

 6  the authority to discipline the individual's Florida

 7  educator's certificate on one occasion and entered into a

 8  settlement agreement enforced by a final order of the

 9  Education Practices Commission on one occasion; and

10         2.  A third finding of probable cause and a finding

11  that the allegations are proven or admitted to is subsequently

12  found by the Commissioner of Education.

13  

14  If, in the third instance, the individual enters into a

15  settlement agreement with the Department of Education, that

16  agreement shall also include a penalty revoking that

17  individual's Florida educator's certificate for a minimum of 1

18  year.

19         Section 758.  Section 1012.796, Florida Statutes, is

20  created to read:

21         1012.796  Complaints against teachers and

22  administrators; procedure; penalties.--

23         (1)(a)  The Department of Education shall cause to be

24  investigated expeditiously any complaint filed before it or

25  otherwise called to its attention which, if legally

26  sufficient, contains grounds for the revocation or suspension

27  of a certificate or any other appropriate penalty as set forth

28  in subsection (7). The complaint is legally sufficient if it

29  contains the ultimate facts which show a violation has

30  occurred as provided in s. 1012.795. The department may

31  investigate or continue to investigate and take appropriate


                                 1402

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  action in a complaint even though the original complainant

 2  withdraws the complaint or otherwise indicates a desire not to

 3  cause it to be investigated or prosecuted to completion. The

 4  department may investigate or continue to investigate and take

 5  action on a complaint filed against a person whose educator

 6  certificate has expired if the act or acts which are the basis

 7  for the complaint were allegedly committed while that person

 8  possessed an educator certificate.

 9         (b)  When an investigation is undertaken, the

10  department shall notify the certificateholder and the district

11  school superintendent in the district in which the

12  certificateholder is employed and shall inform the

13  certificateholder of the substance of any complaint which has

14  been filed against that certificateholder, unless the

15  department determines that such notification would be

16  detrimental to the investigation, in which case the department

17  may withhold notification.

18         (c)  Each school district shall file in writing with

19  the department all legally sufficient complaints within 30

20  days after the date on which subject matter of the complaint

21  comes to the attention of the school district. The school

22  district shall include all information relating to the

23  complaint which is known to the school district at the time of

24  filing. Each district school board shall develop policies and

25  procedures to comply with this reporting requirement. The

26  district school board policies and procedures shall include

27  appropriate penalties for all personnel of the district school

28  board for nonreporting and procedures for promptly informing

29  the district school superintendent of each legally sufficient

30  complaint. The district school superintendent is charged with

31  knowledge of these policies and procedures.  If the district


                                 1403

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  school superintendent has knowledge of a legally sufficient

 2  complaint and does not report the complaint, or fails to

 3  enforce the policies and procedures of the district school

 4  board, and fails to comply with the requirements of this

 5  subsection, in addition to other actions against

 6  certificateholders authorized by law, the district school

 7  superintendent shall be subject to penalties as specified in

 8  s. 1001.51(13). This paragraph does not limit or restrict the

 9  power and duty of the department to investigate complaints as

10  provided in paragraphs (a) and (b), regardless of the school

11  district's untimely filing, or failure to file, complaints and

12  followup reports.

13         (2)  The Commissioner of Education shall develop job

14  specifications for investigative personnel employed by the

15  department. Such specifications shall be substantially

16  equivalent to or greater than those job specifications of

17  investigative personnel employed by the Department of Business

18  and Professional Regulation. The department may contract with

19  the Department of Business and Professional Regulation for

20  investigations. No person who is responsible for conducting an

21  investigation of a teacher or administrator may prosecute the

22  same case. The department general counsel or members of that

23  staff may conduct prosecutions under this section.

24         (3)  The department staff shall advise the commissioner

25  concerning the findings of the investigation.  The department

26  general counsel or members of that staff shall review the

27  investigation and advise the commissioner concerning probable

28  cause or lack thereof.  The determination of probable cause

29  shall be made by the commissioner.  The commissioner shall

30  provide an opportunity for a conference, if requested, prior

31  to determining probable cause.  The commissioner may enter


                                 1404

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  into deferred prosecution agreements in lieu of finding

 2  probable cause when in his or her judgment such agreements

 3  would be in the best interests of the department, the

 4  certificateholder, and the public.  Such deferred prosecution

 5  agreements shall become effective when filed with the clerk of

 6  the Education Practices Commission.  However, a deferred

 7  prosecution agreement shall not be entered into where there is

 8  probable cause to believe that a felony or an act of moral

 9  turpitude has occurred.  Upon finding no probable cause, the

10  commissioner shall dismiss the complaint.

11         (4)  The complaint and all information obtained

12  pursuant to the investigation by the department shall be

13  confidential and exempt from the provisions of s. 119.07(1)

14  until the conclusion of the preliminary investigation of the

15  complaint, until such time as the preliminary investigation

16  ceases to be active, or until such time as otherwise provided

17  by s. 1012.798(6). However, the complaint and all material

18  assembled during the investigation may be inspected and copied

19  by the certificateholder under investigation, or the

20  certificateholder's designee, after the investigation is

21  concluded, but prior to the determination of probable cause by

22  the commissioner. If the preliminary investigation is

23  concluded with the finding that there is no probable cause to

24  proceed, the complaint and information shall be open

25  thereafter to inspection pursuant to s. 119.07(1). If the

26  preliminary investigation is concluded with the finding that

27  there is probable cause to proceed and a complaint is filed

28  pursuant to subsection (6), the complaint and information

29  shall be open thereafter to inspection pursuant to s.

30  119.07(1). If the preliminary investigation ceases to be

31  active, the complaint and all such material shall be open


                                 1405

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  thereafter to inspection pursuant to s. 119.07(1), except as

 2  otherwise provided pursuant to s. 1012.798(6). For the purpose

 3  of this subsection, a preliminary investigation shall be

 4  considered active as long as it is continuing with a

 5  reasonable, good faith anticipation that an administrative

 6  finding will be made in the foreseeable future.

 7         (5)  When deemed necessary to protect the health,

 8  safety, and welfare of a minor student, the district school

 9  superintendent in consultation with the school principal may,

10  and upon the request of the Commissioner of Education shall,

11  temporarily suspend a certificateholder from the

12  certificateholder's regularly assigned duties, with pay, and

13  reassign the suspended certificateholder to a position that

14  does not require direct contact with students in the district

15  school system.  Such suspension shall continue until the

16  completion of the proceedings and the determination of

17  sanctions, if any, pursuant to this section and s. 1012.795.

18         (6)  Upon the finding of probable cause, the

19  commissioner shall file a formal complaint and prosecute the

20  complaint pursuant to the provisions of chapter 120. An

21  administrative law judge shall be assigned by the Division of

22  Administrative Hearings of the Department of Management

23  Services to hear the complaint if there are disputed issues of

24  material fact. The administrative law judge shall make

25  recommendations in accordance with the provisions of

26  subsection (7) to the appropriate Education Practices

27  Commission panel which shall conduct a formal review of such

28  recommendations and other pertinent information and issue a

29  final order. The commission shall consult with its legal

30  counsel prior to issuance of a final order.

31  


                                 1406

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (7)  A panel of the commission shall enter a final

 2  order either dismissing the complaint or imposing one or more

 3  of the following penalties:

 4         (a)  Denial of an application for a teaching

 5  certificate or for an administrative or supervisory

 6  endorsement on a teaching certificate.  The denial may provide

 7  that the applicant may not reapply for certification, and that

 8  the department may refuse to consider that applicant's

 9  application, for a specified period of time or permanently.

10         (b)  Revocation or suspension of a certificate.

11         (c)  Imposition of an administrative fine not to exceed

12  $2,000 for each count or separate offense.

13         (d)  Placement of the teacher, administrator, or

14  supervisor on probation for a period of time and subject to

15  such conditions as the commission may specify, including

16  requiring the certified teacher, administrator, or supervisor

17  to complete additional appropriate college courses or work

18  with another certified educator, with the administrative costs

19  of monitoring the probation assessed to the educator placed on

20  probation.

21         (e)  Restriction of the authorized scope of practice of

22  the teacher, administrator, or supervisor.

23         (f)  Reprimand of the teacher, administrator, or

24  supervisor in writing, with a copy to be placed in the

25  certification file of such person.

26         (g)  Imposition of an administrative sanction, upon a

27  person whose teaching certificate has expired, for an act or

28  acts committed while that person possessed a teaching

29  certificate or an expired certificate subject to late renewal,

30  which sanction bars that person from applying for a new

31  certificate for a period of 10 years or less, or permanently.


                                 1407

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (8)  Violations of the provisions of probation shall

 2  result in an order to show cause issued by the clerk of the

 3  Education Practices Commission. Upon failure of the

 4  probationer, at the time and place stated in the order, to

 5  show cause satisfactorily to the Education Practices

 6  Commission why a penalty for violating probation should not be

 7  imposed, the Education Practices Commission shall impose

 8  whatever penalty is appropriate as established in s.

 9  1012.795(6). Any probation period will be tolled when an order

10  to show cause has been issued until the issue is resolved by

11  the Education Practices Commission.

12         (9)  All moneys collected by, or awarded to, the

13  commission as fees, fines, penalties, or costs shall be

14  deposited into the Educational Certification and Service Trust

15  Fund pursuant to s. 1012.59.

16         Section 759.  Section 1012.797, Florida Statutes, is

17  created to read:

18         1012.797  Notification of district school

19  superintendent of certain charges against or convictions of

20  employees.--

21         (1)  Notwithstanding the provisions of s. 985.04(4) or

22  any other provision of law to the contrary, a law enforcement

23  agency shall, within 48 hours, notify the appropriate district

24  school superintendent of the name and address of any employee

25  of the school district who is charged with a felony or with a

26  misdemeanor involving the abuse of a minor child or the sale

27  or possession of a controlled substance. The notification

28  shall include the specific charge for which the employee of

29  the school district was arrested. Such notification shall

30  include other education providers such as the Florida School

31  


                                 1408

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  for the Deaf and the Blind, university lab schools, and

 2  private elementary and secondary schools.

 3         (2)  Except to the extent necessary to protect the

 4  health, safety, and welfare of other students, the information

 5  obtained by the district school superintendent pursuant to

 6  this section may be released only to appropriate school

 7  personnel or as otherwise provided by law.

 8         Section 760.  Section 1012.798, Florida Statutes, is

 9  created to read:

10         1012.798  Recovery network program for educators.--

11         (1)  RECOVERY NETWORK ESTABLISHED.--There is created

12  within the Department of Education, a recovery network program

13  to assist educators who are impaired as a result of alcohol

14  abuse, drug abuse, or a mental condition in obtaining

15  treatment to permit their continued contribution to the

16  education profession.  Any person who holds certification

17  issued by the department pursuant to s. 1012.56 is eligible

18  for the assistance.

19         (2)  STAFF.--

20         (a)  The department shall employ an administrator and

21  staff as are necessary to be assigned exclusively to the

22  recovery network program.

23         (b)  The Commissioner of Education shall establish the

24  criteria for and appoint the staff of the program.

25         (c)  The department may contract with other

26  professionals to implement this section.

27         (3)  PURPOSE.--The recovery network program shall

28  assist educators in obtaining treatment and services from

29  approved treatment providers, but each impaired educator must

30  pay for his or her treatment under terms and conditions agreed

31  upon by the impaired educator and the treatment provider.  A


                                 1409

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  person who is admitted to the program must contract with the

 2  treatment provider and the program.  The treatment contract

 3  must prescribe the type of treatment and the responsibilities

 4  of the impaired educator and of the provider and must provide

 5  that the impaired educator's progress will be monitored by the

 6  program.

 7         (4)  APPROVAL OF TREATMENT PROVIDERS.--The recovery

 8  network program shall locate, evaluate, and approve qualified

 9  treatment providers.

10         (5)  RELATIONSHIP WITH EDUCATION PRACTICES COMMISSION

11  AND DEPARTMENT.--The recovery network program shall operate

12  independently of, but may cooperate with, the Office of

13  Professional Practices Services of the Department of Education

14  and the Education Practices Commission.  A person's

15  participation in the program entitles the commissioner to

16  enter into a deferred prosecution agreement pursuant to s.

17  1012.796, or such participation may be considered a factor in

18  mitigation of or a condition of disciplinary action against

19  the person's certificate by the Education Practices Commission

20  pursuant to s. 1012.795.

21         (6)  PARTICIPATION.--The recovery network program shall

22  operate independently of employee assistance programs operated

23  by local school districts, and the powers and duties of school

24  districts to make employment decisions, including disciplinary

25  decisions, is not affected except as provided in this section:

26         (a)  A person who is not subject to investigation or

27  proceedings under ss. 1012.795 and 1012.796 may voluntarily

28  seek assistance through a local school district employee

29  assistance program for which he or she is eligible and through

30  the recovery network, regardless of action taken against him

31  or her by a school district. Voluntarily seeking assistance


                                 1410

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  alone does not subject a person to proceedings under ss.

 2  1012.795 and 1012.796.

 3         (b)  A person who is subject to investigation or

 4  proceedings under ss. 1012.795 and 1012.796 may be required to

 5  participate in the program.  The program may approve a local

 6  employee assistance program as a treatment provider or as a

 7  means of securing a treatment provider.  The program and the

 8  local school district shall cooperate so that the person may

 9  obtain treatment without limiting the school district's

10  statutory powers and duties as an employer or the disciplinary

11  procedures under ss. 1012.795 and 1012.796.

12         (c)  A person who has not previously been under

13  investigation by the department may be enrolled in a treatment

14  program by the recovery network after an investigation has

15  commenced, if the person:

16         1.  Acknowledges his or her impairment.

17         2.  Agrees to evaluation, as approved by the recovery

18  network.

19         3.  Agrees to enroll in an appropriate treatment

20  program approved by the recovery network.

21         4.  Executes releases for all medical and treatment

22  records regarding his or her impairment and participation in a

23  treatment program to the recovery network, pursuant to 42

24  U.S.C. s. 290dd-3 and the federal regulations adopted

25  thereunder.

26         5.  Enters into a deferred prosecution agreement with

27  the commissioner, which provides that no prosecution shall be

28  instituted concerning the matters enumerated in the agreement

29  if the person is properly enrolled in the treatment program

30  and successfully completes the program as certified by the

31  recovery network. The commissioner is under no obligation to


                                 1411

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  enter into a deferred prosecution agreement with the educator

 2  but may do so if he or she determines that it is in the best

 3  interest of the educational program of the state.

 4         6.  Has not previously entered a substance abuse

 5  program.

 6         7.  Is not being investigated for any action involving

 7  commission of a felony or violent act against another person.

 8         8.  Has not had multiple arrests for minor drug use,

 9  possession, or abuse of alcohol.

10         (7)  REFERRAL TO NETWORK WHEN NO PROBABLE CAUSE IS

11  DETERMINED.--If a complaint is made to the department against

12  a teacher or an administrator pursuant to s. 1012.796 and a

13  finding of no probable cause indicates that no concern other

14  than impairment exists, the department shall inform the person

15  of the availability of assistance provided by the recovery

16  network program.

17         (8)  ADMISSION.--A person who is referred or who

18  requests admission to the recovery network program shall be

19  temporarily admitted pending a finding that he or she has:

20         (a)  Acknowledged his or her impairment problem.

21         (b)  Agreed to evaluation as approved by the recovery

22  network program.

23         (c)  Voluntarily enrolled in an appropriate treatment

24  program approved by the recovery network program.

25         (d)  Voluntarily sought agreement from the school

26  district for temporary leave or limitations on the scope of

27  employment if the temporary leave or limitations are included

28  in the treatment provider's recommendations; or voluntarily

29  agreed to pursue the alternative treatment recommended by the

30  treatment provider if the school district does not approve

31  


                                 1412

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  such temporary leave or limitations on the scope of

 2  employment.

 3         (e)  Executed releases to the recovery network program

 4  for all medical and treatment records regarding his or her

 5  impairment and participation in a treatment program pursuant

 6  to 42 U.S.C. s. 290dd-3 and the federal regulations adopted

 7  thereunder.

 8         (9)  DISCLOSURE OF MEDICAL RECORDS.--An approved

 9  treatment provider must disclose to the recovery network

10  program all information in its possession which relates to a

11  person's impairment and participation in the treatment

12  program.  Information obtained under this subsection is

13  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I

14  of the State Constitution. This exemption is necessary to

15  promote the rehabilitation of impaired educators and to

16  protect the privacy of treatment program participants.  The

17  failure to provide such information to the program is grounds

18  for withdrawal of approval of a treatment provider. Medical

19  records provided to the program may not be disclosed to any

20  other person, except as authorized by law.

21         (10)  DECLARATION OF INELIGIBILITY.--

22         (a)  A person may be declared ineligible for further

23  assistance from the recovery network program if he or she does

24  not progress satisfactorily in a treatment program or leaves a

25  prescribed program or course of treatment without the approval

26  of the treatment provider.

27         (b)  The determination of ineligibility must be made by

28  the commissioner in cases referred to him or her by the

29  program administrator. Before referring a case to the

30  commissioner, the administrator must discuss the circumstances

31  with the treatment provider.  The commissioner may direct the


                                 1413

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Office of Professional Practices Services to investigate the

 2  case and provide a report.

 3         (c)  If a treatment contract with the program is a

 4  condition of a deferred prosecution agreement, and the

 5  commissioner determines that the person is ineligible for

 6  further assistance, the commissioner may agree to modify the

 7  terms and conditions of the deferred prosecution agreement or

 8  may issue an administrative complaint, pursuant to s.

 9  1012.796, alleging the charges regarding which prosecution was

10  deferred.  The person may dispute the determination as an

11  affirmative defense to the administrative complaint by

12  including with his or her request for hearing on the

13  administrative complaint a written statement setting forth the

14  facts and circumstances that show that the determination of

15  ineligibility was erroneous.  If administrative proceedings

16  regarding the administrative complaint, pursuant to ss.

17  120.569 and 120.57, result in a finding that the determination

18  of ineligibility was erroneous, the person is eligible to

19  participate in the program. If the determination of

20  ineligibility was the only reason for setting aside the

21  deferred prosecution agreement and issuing the administrative

22  complaint and the administrative proceedings result in a

23  finding that the determination was erroneous, the complaint

24  shall be dismissed and the deferred prosecution agreement

25  reinstated without prejudice to the commissioner's right to

26  reissue the administrative complaint for other breaches of the

27  agreement.

28         (d)  If a treatment contract with the program is a

29  condition of a final order of the Education Practices

30  Commission, the commissioner's determination of ineligibility

31  constitutes a finding of probable cause that the person failed


                                 1414

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  to comply with the final order.  The commissioner shall issue

 2  an administrative complaint, and the case shall proceed under

 3  ss. 1012.795 and 1012.796, in the same manner as cases based

 4  on a failure to comply with an order of the Education

 5  Practices Commission.

 6         (e)  If the person voluntarily entered into a treatment

 7  contract with the program, the commissioner shall issue a

 8  written notice stating the reasons for the determination of

 9  ineligibility. Within 20 days after the date of such notice,

10  the person may contest the determination of ineligibility

11  pursuant to ss. 120.569 and 120.57.

12         (11)  MEDICAL RECORDS RELEASE.--Medical records

13  released pursuant to paragraph (8)(e) may be disclosed to the

14  commissioner, the Office of Professional Practices Services,

15  and the Education Practices Commission only as required for

16  purposes of this section, or as otherwise authorized by law.

17  Further disclosure or release of the medical records may not

18  be made except as authorized by law and in accordance with 42

19  U.S.C. s. 290dd-2 and the federal regulations adopted

20  thereunder.  The medical records are confidential and exempt

21  from s. 119.07(1) and s. 24(a), Art. I of the State

22  Constitution.

23         (12)  FEES.--The State Board of Education shall include

24  in the fees established pursuant to s. 1012.59 an amount

25  sufficient to implement the provisions of this section.  The

26  State Board of Education shall by rule establish procedures

27  and additional standards for:

28         (a)  Approving treatment providers, including

29  appropriate qualifications and experience, amount of

30  reasonable fees and charges, and quality and effectiveness of

31  treatment programs provided.


                                 1415

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  Admitting eligible persons to the program.

 2         (c)  Evaluating impaired persons by the recovery

 3  network program.

 4         Section 761.  Section 1012.799, Florida Statutes, is

 5  created to read:

 6         1012.799  Reporting certain offenses.--Instructional

 7  personnel or administrative personnel having knowledge that a

 8  sexual battery has been committed by a student upon another

 9  student must report the offense to a law enforcement agency

10  having jurisdiction over the school plant or over the place

11  where the sexual battery occurred if not on the grounds of the

12  school plant.

13         Section 762.  Part IV of chapter 1012, Florida

14  Statutes, shall be entitled "Public Postsecondary Educational

15  Institutions; Personnel" and shall consist of ss.

16  1012.80-1012.97.

17         Section 763.  Part IV.a. of chapter 1012, Florida

18  Statutes, shall be entitled "General Provisions" and shall

19  consist of ss. 1012.80-1012.801.

20         Section 764.  Section 1012.80, Florida Statutes, is

21  created to read:

22         1012.80  Participation by employees in disruptive

23  activities at public postsecondary educational institutions;

24  penalties.--

25         (1)  Any person who accepts the privilege extended by

26  the laws of this state of employment at any public

27  postsecondary educational institution shall, by so working at

28  such institution, be deemed to have given his or her consent

29  to the policies of that institution, the State Board of

30  Education, and the laws of this state.  Such policies shall

31  


                                 1416

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  include prohibition against disruptive activities at public

 2  postsecondary educational institutions.

 3         (2)  After it has been determined that an employee of a

 4  public postsecondary educational institution has participated

 5  in disruptive activities, the institution may terminate the

 6  contract of the employee, and thereafter such person shall not

 7  be employed by any state public school or public postsecondary

 8  educational institution.

 9         Section 765.  Effective upon this act becoming a law,

10  section 1012.801, Florida Statutes, is created to read:

11         1012.801  Employees of the Division of Colleges and

12  Universities.--Employees of the Division of Colleges and

13  Universities of the Department of Education who are

14  participating in the State University Optional Retirement

15  Program prior to June 30, 2002, shall be eligible to continue

16  such participation as long as they remain employees of the

17  Department of Education or a state university without a break

18  in continuous service.

19         Section 766.  Part IV.b. of chapter 1012, Florida

20  Statutes, shall be entitled "Community Colleges; Personnel"

21  and shall consist of ss. 1012.81-1012.88.

22         Section 767.  Section 1012.81, Florida Statutes, is

23  created to read:

24         1012.81  Personnel records.--Rules of the State Board

25  of Education shall prescribe the content and custody of

26  limited-access records which a community college may maintain

27  on its employees.  Such records shall be limited to

28  information reflecting evaluations of employee performance and

29  shall be open to inspection only by the employee and by

30  officials of the college who are responsible for supervision

31  of the employee.  Such limited-access employee records are


                                 1417

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  confidential and exempt from the provisions of s. 119.07(1).

 2  Except as required for use by the president in the discharge

 3  of his or her official responsibilities, the custodian of

 4  limited-access employee records may release information from

 5  such records only upon authorization in writing from the

 6  employee or the president or upon order of a court of

 7  competent jurisdiction.

 8         Section 768.  Section 1012.82, Florida Statutes, is

 9  created to read:

10         1012.82  Teaching faculty; minimum teaching hours per

11  week.--Each full-time member of the teaching faculty at any

12  community college who is paid wholly from funds appropriated

13  from the community college program fund shall teach a minimum

14  of 15 classroom contact hours per week at such institution.

15  However, the required classroom contact hours per week may be

16  reduced upon approval of the president of the institution in

17  direct proportion to specific duties and responsibilities

18  assigned the faculty member by his or her departmental chair

19  or other appropriate college administrator. Such specific

20  duties may include specific research duties, specific duties

21  associated with developing television, video tape, or other

22  specifically assigned innovative teaching techniques or

23  devices, or assigned responsibility for off-campus student

24  internship or work-study programs.  A "classroom contact hour"

25  consists of a regularly scheduled classroom activity of not

26  less than 50 minutes in a course of instruction which has been

27  approved by the community college board of trustees.  Any

28  full-time faculty member who is paid partly from community

29  college program funds and partly from other funds or

30  appropriations shall teach a minimum number of classroom

31  contact hours per week in such proportion to 15 classroom


                                 1418

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  contact hours as his or her salary paid from community college

 2  program funds bears to his or her total salary.

 3         Section 769.  Section 1012.83, Florida Statutes, is

 4  created to read:

 5         1012.83  Contracts with administrative and

 6  instructional staff.--Each person employed in an

 7  administrative or instructional capacity in a community

 8  college shall be entitled to a contract as provided by rules

 9  of the State Board of Education.

10         Section 770.  Section 1012.84, Florida Statutes, is

11  created to read:

12         1012.84  Exemption from county civil service

13  commissions.--

14         (1)  Any community college located in a county which

15  has either a budget commission or a civil service commission

16  is exempt from the regulation, supervision, and control of any

17  such commission.

18         (2)  Any general or special law conflicting with this

19  section is repealed to the extent that said law conflicts with

20  this section.

21         Section 771.  Section 1012.85, Florida Statutes, is

22  created to read:

23         1012.85  Payment of costs of civil actions against

24  officers, employees, or agents of community college board of

25  trustees.--

26         (1)  Whenever any civil action has been brought against

27  any officer of the community college board of trustees,

28  including a board member, or any person employed by or agent

29  of the community college board of trustees, of any community

30  college for any act or omission arising out of and in the

31  course of the performance of his or her duties and


                                 1419

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  responsibilities, the community college board of trustees may

 2  defray all costs of defending such action, including

 3  reasonable attorney's fees and expenses together with costs of

 4  appeal, if any, and may save harmless and protect such person

 5  from any financial loss resulting therefrom; and the community

 6  college board of trustees may be self-insured, to enter into

 7  risk management programs, or to purchase insurance for

 8  whatever coverage it may choose, or to have any combination

 9  thereof, to cover all such losses and expenses. However, any

10  attorney's fees paid from public funds for any officer,

11  employee, or agent who is found to be personally liable by

12  virtue of acting outside the scope of his or her employment or

13  acting in bad faith, with malicious purpose, or in a manner

14  exhibiting wanton and willful disregard of human rights,

15  safety, or property may be recovered by the state, county,

16  municipality, or political subdivision in a civil action

17  against such officer, employee, or agent.

18         (2)  Failure by a community college board of trustees

19  to perform any act authorized by this section shall not

20  constitute a cause of action against a community college or

21  its trustees, officers, employees, or agents.

22         Section 772.  Section 1012.855, Florida Statutes, is

23  created to read:

24         1012.855  Employment of community college personnel;

25  discrimination in granting salary prohibited.--

26         (1)(a)  Employment of all personnel in each community

27  college shall be upon recommendation of the president, subject

28  to rejection for cause by the community college board of

29  trustees; to the rules of the State Board of Education

30  relative to certification, tenure, leaves of absence of all

31  types, including sabbaticals, remuneration, and such other


                                 1420

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  conditions of employment as the State Board of Education deems

 2  necessary and proper; and to policies of the community college

 3  board of trustees not inconsistent with law.

 4         (b)  Any internal auditor employed by a community

 5  college shall be hired by the community college board of

 6  trustees and shall report directly to the board.

 7         (2)  Each community college board of trustees shall

 8  undertake a program to eradicate any discrimination on the

 9  basis of gender, race, or physical handicap in the granting of

10  salaries to employees.

11         Section 773.  Section 1012.86, Florida Statutes, is

12  created to read:

13         1012.86  Community college employment equity

14  accountability program.--

15         (1)  Each community college shall include in its annual

16  equity update a plan for increasing the representation of

17  women and minorities in senior-level administrative positions

18  and in full-time faculty positions, and for increasing the

19  representation of women and minorities who have attained

20  continuing-contract status. Positions shall be defined in the

21  personnel data element directory of the Department of

22  Education. The plan must include specific measurable goals and

23  objectives, specific strategies and timelines for

24  accomplishing these goals and objectives, and comparable

25  national standards as provided by the Department of Education.

26  The goals and objectives shall be based on meeting or

27  exceeding comparable national standards and shall be reviewed

28  and recommended by the State Board of Education as

29  appropriate. Such plans shall be maintained until appropriate

30  representation has been achieved and maintained for at least 3

31  consecutive reporting years.


                                 1421

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (2)(a)  On or before May 1 of each year, each community

 2  college president shall submit an annual employment

 3  accountability plan to the Commissioner of Education and the

 4  State Board of Education. The accountability plan must show

 5  faculty and administrator employment data according to

 6  requirements specified on the federal Equal Employment

 7  Opportunity (EE0-6) report.

 8         (b)  The plan must show the following information for

 9  those positions including, but not limited to:

10         1.  Job classification title.

11         2.  Gender.

12         3.  Ethnicity.

13         4.  Appointment status.

14         5.  Salary information.  At each community college,

15  salary information shall also include the salary ranges in

16  which new hires were employed compared to the salary ranges

17  for employees with comparable experience and qualifications.

18         6.  Other comparative information including, but not

19  limited to, composite information regarding the total number

20  of positions within the particular job title classification

21  for the community college by race, gender, and salary range

22  compared to the number of new hires.

23         7.  A statement certifying diversity and balance in the

24  gender and ethnic composition of the selection committee for

25  each vacancy, including a brief description of guidelines used

26  for ensuring balanced and diverse membership on selection and

27  review committees.

28         (c)  The annual employment accountability plan shall

29  also include an analysis and an assessment of the community

30  college's attainment of annual goals and of long-range goals

31  for increasing the number of women and minorities in faculty


                                 1422

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  and senior-level administrative positions, and a corrective

 2  action plan for addressing underrepresentation.

 3         (d)  Each community college's employment accountability

 4  plan must also include:

 5         1.  The requirements for receiving a continuing

 6  contract.

 7         2.  A brief description of the process used to grant

 8  continuing-contract status.

 9         3.  A brief description of the process used to annually

10  apprise each eligible faculty member of progress toward

11  attainment of continuing-contract status.

12         (3)  Community college presidents and the heads of each

13  major administrative division shall be evaluated annually on

14  the progress made toward meeting the goals and objectives of

15  the community college's employment accountability plan.

16         (a)  The community college presidents, or the

17  presidents' designees, shall annually evaluate each department

18  chairperson, dean, provost, and vice president in achieving

19  the annual and long-term goals and objectives.  A summary of

20  the results of such evaluations shall be reported annually by

21  the community college president to the community college board

22  of trustees. Annual budget allocations by the community

23  college board of trustees for positions and funding must take

24  into consideration these evaluations.

25         (b)  Community college boards of trustees shall

26  annually evaluate the performance of the community college

27  presidents in achieving the annual and long-term goals and

28  objectives. A summary of the results of such evaluations shall

29  be reported to the Commissioner of Education and the State

30  Board of Education as part of the community college's annual

31  employment accountability plan, and to the Legislature as part


                                 1423

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  of the annual equity progress report submitted by the State

 2  Board of Education.

 3         (4)  The State Board of Education shall submit an

 4  annual equity progress report to the President of the Senate

 5  and the Speaker of the House of Representatives on or before

 6  January 1 of each year.

 7         (5)  Each community college shall develop a budgetary

 8  incentive plan to support and ensure attainment of the goals

 9  developed pursuant to this section.  The plan shall specify,

10  at a minimum, how resources shall be allocated to support the

11  achievement of goals and the implementation of strategies in a

12  timely manner.  After prior review and approval by the

13  community college president and the community college board of

14  trustees, the plan shall be submitted as part of the annual

15  employment accountability plan submitted by each community

16  college to the State Board of Education.

17         (6)  Subject to available funding, the Legislature

18  shall provide an annual appropriation to the State Board of

19  Education to be allocated to community college presidents,

20  faculty, and administrative personnel to further enhance

21  equity initiatives and related priorities that support the

22  mission of colleges and departments in recognition of the

23  attainment of the equity goals and objectives.

24         Section 774.  Section 1012.865, Florida Statutes, is

25  created to read:

26         1012.865  Sick leave.--Each community college board of

27  trustees shall adopt rules whereby any full-time employee who

28  is unable to perform his or her duties at the community

29  college on account of personal sickness, accident disability,

30  or extended personal illness, or because of illness or death

31  of the employee's father, mother, brother, sister, husband,


                                 1424

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  wife, child, or other close relative or member of the

 2  employee's own household, and who consequently has to be

 3  absent from work shall be granted leave of absence for

 4  sickness by the president or by the president's designated

 5  representative.  The following provisions shall govern sick

 6  leave:

 7         (1)  DEFINITIONS.--As used in this section, unless the

 8  context otherwise requires, the term:

 9         (a)  "Educational support employee" means any person

10  employed by a community college as an education or

11  administrative paraprofessional; a member of the operations,

12  maintenance, or comparable department; or a secretary,

13  clerical, or comparable level support employee.

14         (b)  "Instructional staff" shall be used synonymously

15  with the word "teacher" or "faculty" and includes faculty

16  members, librarians, counselors, and other comparable members

17  engaged in an instructional capacity in the community college.

18         (2)  EXTENT OF LEAVE WITH COMPENSATION.--

19         (a)  Each full-time employee shall earn 1 day of sick

20  leave with compensation for each calendar month or major

21  fraction of a calendar month of service, not to exceed 12 days

22  for each fiscal year.  Such leave shall be taken only when

23  necessary because of sickness as herein prescribed.  Such sick

24  leave shall be cumulative from year to year.  Accumulated sick

25  leave may be transferred from another Florida community

26  college, the Florida Department of Education, a state

27  university, a Florida district school board, or a state

28  agency, provided that at least one-half of the sick leave

29  accumulated at any time must have been established in the

30  college in which such employee is currently employed.

31  


                                 1425

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  A community college board of trustees may

 2  establish rules and prescribe procedures whereby a full-time

 3  employee may, at the beginning date of employment in any year,

 4  be credited with 12 days of sick leave with compensation in

 5  excess of the number of days the employee has earned.  Upon

 6  termination of employment, the employee's final compensation

 7  shall be adjusted in an amount necessary to ensure that sick

 8  leave with compensation does not exceed the days of earned

 9  sick leave as provided herein.

10         (c)  A community college board of trustees may

11  establish rules and prescribe standards to permit a full-time

12  employee to be absent no more than 4 days for personal

13  reasons.  However, such absences for personal reasons shall be

14  charged only to accrued sick leave, and leave for personal

15  reasons shall be noncumulative.

16         (d)  A community college board of trustees may

17  establish rules to provide terminal pay for accumulated sick

18  leave to full-time instructional staff and educational support

19  employees or to the employee's beneficiary if service is

20  terminated by death.  However, such terminal pay may not

21  exceed an amount determined as follows:

22         1.  During the first 3 years of service, the daily rate

23  of pay multiplied by 35 percent times the number of days of

24  accumulated sick leave.

25         2.  During the next 3 years of service, the daily rate

26  of pay multiplied by 40 percent times the number of days of

27  accumulated sick leave.

28         3.  During the next 3 years of service, the daily rate

29  of pay multiplied by 45 percent times the number of days of

30  accumulated sick leave.

31  


                                 1426

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         4.  During the 10th year of service, the daily rate of

 2  pay multiplied by 50 percent times the number of days of

 3  accumulated sick leave.

 4         5.  During the next 20 years of service, the daily rate

 5  of pay multiplied by 50 percent plus up to an additional 2.5

 6  percent per year for each year of service beyond 10 years,

 7  times the number of days of accumulated sick leave.

 8  

 9  If an employee receives terminal pay benefits based on unused

10  sick leave credit, all unused sick leave credit shall become

11  invalid; however, if an employee terminates his or her

12  employment without receiving terminal pay benefits and is

13  reemployed, his or her sick leave credit shall be reinstated.

14         (e)  A community college board of trustees may, by

15  rule, provide for terminal pay for accumulated unused sick

16  leave to be paid to any full-time employee of a community

17  college other than instructional staff or educational support

18  employees. If termination of employment is by death of the

19  employee, any terminal pay to which the employee may have been

20  entitled shall be made to the employee's beneficiary.

21         1.  For unused sick leave accumulated before July 1,

22  2001, terminal pay shall be made pursuant to rules or policies

23  of the board of trustees which were in effect on June 30,

24  2001.

25         2.  For unused sick leave accumulated on or after July

26  1, 2001, terminal payment may not exceed an amount equal to

27  one-fourth of the employee's unused sick leave or 60 days of

28  the employee's pay, whichever amount is less.

29         3.  If the employee had an accumulated sick leave

30  balance of 60 days or more on June 30, 2001, sick leave earned

31  after that date may not be accumulated for terminal pay


                                 1427

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  purposes until the accumulated leave balance as of June 30,

 2  2001, is less than 60 days.

 3         (3)  CLAIM MUST BE FILED.--Any full-time employee who

 4  finds it necessary to be absent from his or her duties because

 5  of illness as defined in this section shall notify the

 6  community college president or a college official designated

 7  by the president, if possible before the opening of college on

 8  the day on which the employee must be absent or during the

 9  day, except when he or she is absent for emergency reasons

10  recognized by the community college board of trustees as

11  valid. Any employee shall, before claiming and receiving

12  compensation for the time absent from his or her duties while

13  absent because of sick leave as prescribed in this section,

14  make and file a written certificate which shall set forth the

15  day or days absent, that such absence was necessary, and that

16  he or she is entitled or not entitled to receive pay for such

17  absence in accordance with the provisions of this section. The

18  community college board of trustees may adopt rules under

19  which the president may require a certificate of illness from

20  a licensed physician or from the county health officer.

21         (4)  COMPENSATION.--Any full-time employee who has

22  unused sick leave credit shall receive full-time compensation

23  for the time justifiably absent on sick leave; however, no

24  compensation may be allowed beyond that provided in subsection

25  (6).

26         (5)  EXPENDITURE AUTHORIZED.--Community college boards

27  of trustees may expend public funds for payment to employees

28  on account of sickness. The expending and excluding of such

29  funds shall be in compliance with rules adopted by the

30  Department of Management Services pursuant to chapter 650.

31  


                                 1428

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (6)  SICK LEAVE POOL.--Notwithstanding any other

 2  provision of this section, a community college board of

 3  trustees may, by rule, based upon the maintenance of reliable

 4  and accurate records by the community college showing the

 5  amount of sick leave which has been accumulated and is unused

 6  by employees in accordance with this section, establish a plan

 7  allowing participating full-time employees of the community

 8  college to pool sick leave accrued and allowing any sick leave

 9  thus pooled to be disbursed to any participating employee who

10  is in need of sick leave in excess of that amount he or she

11  has personally accrued. Such rules shall include, but not be

12  limited to, the following provisions:

13         (a)  Participation in the sick leave pool shall at all

14  times be voluntary on the part of employees.

15         (b)  Any full-time employee shall be eligible for

16  participation in the sick leave pool after 1 year of

17  employment with the community college, provided such employee

18  has accrued a minimum amount of unused sick leave, which

19  minimum shall be established by rule.

20         (c)  Any sick leave pooled pursuant to this section

21  shall be removed from the personally accumulated sick leave

22  balance of the employee donating such leave.

23         (d)  Participating employees shall make equal

24  contributions to the sick leave pool. There shall be

25  established a maximum amount of sick leave which may be

26  contributed to the pool by an employee.  After the initial

27  contribution which an employee makes upon electing to

28  participate, no further contributions shall be required except

29  as may be necessary to replenish the pool. Any such further

30  contribution shall be equally required of all employees

31  participating in the pool.


                                 1429

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (e)  Any sick leave time drawn from the pool by a

 2  participating employee must be used for that employee's

 3  personal illness, accident, or injury.

 4         (f)  A participating employee will not be eligible to

 5  use sick leave from the pool until all of his or her sick

 6  leave has been depleted. There shall be established a maximum

 7  number of days for which an employee may draw sick leave from

 8  the sick leave pool.

 9         (g)  A participating employee who uses sick leave from

10  the pool will not be required to recontribute such sick leave

11  to the pool, except as otherwise provided herein.

12         (h)  A participating employee who chooses to no longer

13  participate in the sick leave pool will not be eligible to

14  withdraw any sick leave already contributed to the pool.

15         (i)  Alleged abuse of the use of the sick leave pool

16  shall be investigated, and, on a finding of wrongdoing, the

17  employee shall repay all of the sick leave credits drawn from

18  the sick leave pool and shall be subject to such other

19  disciplinary action as is determined by the board to be

20  appropriate.  Rules adopted for the administration of this

21  program shall provide for the investigation of the use of sick

22  leave utilized by the participating employee in the sick leave

23  pool.

24         Section 775.  Section 1012.87, Florida Statutes, is

25  created to read:

26         1012.87  Retirement annuities.--Each community college

27  board of trustees may purchase annuities for its community

28  college personnel who have 25 or more years of creditable

29  service and who have reached age 55 and have applied for

30  retirement under the Florida Retirement System. No such

31  annuity may provide for more than the total difference in


                                 1430

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  retirement income between the retirement benefit based on

 2  average monthly compensation and creditable service as of the

 3  member's early retirement date and the early retirement

 4  benefit. Community college boards of trustees may also

 5  purchase annuities for members of the Florida Retirement

 6  System who have out-of-state teaching service in another state

 7  or country which is documented as valid by the appropriate

 8  educational entity. Such annuities may be based on no more

 9  than 5 years of out-of-state teaching service and may equal,

10  but not exceed, the benefits that would be payable under the

11  Florida Retirement System if credit for out-of-state teaching

12  was authorized under that system. Each community college board

13  of trustees may invest funds, purchase annuities, or provide

14  local supplemental retirement programs for purposes of

15  providing retirement annuities for community college

16  personnel.  All such retirement annuities shall comply with s.

17  14, Art. X of the State Constitution.

18         Section 776.  Section 1012.875, Florida Statutes, is

19  created to read:

20         1012.875  Community College Optional Retirement

21  Program.--Each community college may implement an optional

22  retirement program, if such program is established therefor

23  pursuant to s. 1001.64(20), under which annuity contracts

24  providing retirement and death benefits may be purchased by,

25  and on behalf of, eligible employees who participate in the

26  program. Except as otherwise provided herein, this retirement

27  program, which shall be known as the State Community College

28  System Optional Retirement Program, may be implemented and

29  administered only by an individual community college or by a

30  consortium of community colleges.

31         (1)  As used in this section, the term:


                                 1431

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (a)  "Activation" means the date upon which an optional

 2  retirement program is first made available by the program

 3  administrator to eligible employees.

 4         (b)  "College" means community colleges as defined in

 5  s. 1000.21.

 6         (c)  "Department" means the Department of Management

 7  Services.

 8         (d)  "Program administrator" means the individual

 9  college or consortium of colleges responsible for implementing

10  and administering an optional retirement program.

11         (e)  "Program participant" means an eligible employee

12  who has elected to participate in an available optional

13  retirement program as authorized by this section.

14         (2)  Participation in the optional retirement program

15  provided by this section is limited to employees who satisfy

16  the criteria set forth in s. 121.051(2)(c).

17         (3)(a)  With respect to any employee who is eligible to

18  participate in the optional retirement program by reason of

19  qualifying employment commencing before the program's

20  activation:

21         1.  The employee may elect to participate in the

22  optional retirement program in lieu of participation in the

23  Florida Retirement System.  To become a program participant,

24  the employee must file with the personnel officer of the

25  college, within 60 days after the program's activation, both a

26  written election on a form provided by the department and a

27  completed application for an individual contract or

28  certificate.

29         2.  An employee's participation in the optional

30  retirement program commences on the first day of the next full

31  calendar month following the filing of the election and


                                 1432

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  completed application with the program administrator and

 2  receipt of such election by the department.  An employee's

 3  membership in the Florida Retirement System terminates on this

 4  same date.

 5         3.  Any such employee who fails to make an election to

 6  participate in the optional retirement program within 60 days

 7  after its activation has elected to retain membership in the

 8  Florida Retirement System.

 9         (b)  With respect to any employee who becomes eligible

10  to participate in an optional retirement program by reason of

11  qualifying employment commencing on or after the program's

12  activation:

13         1.  The employee may elect to participate in the

14  optional retirement program in lieu of participation in the

15  Florida Retirement System.  To become a program participant,

16  the employee must file with the personnel officer of the

17  college, within 60 days after commencing qualifying

18  employment, both a written election on a form provided by the

19  department and a completed application for an individual

20  contract or certificate.

21         2.  An employee's participation in the optional

22  retirement program commences on the first day of the next full

23  calendar month following the filing of the election and

24  completed application with the program administrator and

25  receipt of such election by the department.  An employee's

26  membership in the Florida Retirement System terminates on this

27  same date.

28         3.  If the employee makes an election to participate in

29  the optional retirement program before the community college

30  submits its initial payroll for the employee, participation in

31  


                                 1433

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the optional retirement program commences on the first date of

 2  employment.

 3         4.  Any such employee who fails to make an election to

 4  participate in the optional retirement program within 60 days

 5  after commencing qualifying employment has elected to retain

 6  membership in the Florida Retirement System.

 7         (c)  Any employee who, on or after an optional

 8  retirement program's activation, becomes eligible to

 9  participate in the program by reason of a change in status due

10  to the subsequent designation of the employee's position as

11  one of those referenced in subsection (2), or due to the

12  employee's appointment, promotion, transfer, or

13  reclassification to a position referenced in subsection (2),

14  must be notified by the community college of the employee's

15  eligibility to participate in the optional retirement program

16  in lieu of participation in the Florida Retirement System.

17  These eligible employees are subject to the provisions of

18  paragraph (b) and may elect to participate in the optional

19  retirement program in the same manner as those employees

20  described in paragraph (b), except that the 60-day election

21  period commences upon the date notice of eligibility is

22  received by the employee.

23         (d)  Program participants must be fully and immediately

24  vested in the optional retirement program.

25         (e)  The election by an eligible employee to

26  participate in the optional retirement program is irrevocable

27  for so long as the employee continues to meet the eligibility

28  requirements set forth in this section and in s.

29  121.051(2)(c), except as provided in paragraph (i).

30         (f)  If a program participant becomes ineligible to

31  continue participating in the optional retirement program


                                 1434

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  pursuant to the criteria referenced in subsection (2), the

 2  employee becomes a member of the Florida Retirement System if

 3  eligible.  The college must notify the department of an

 4  employee's change in eligibility status within 30 days after

 5  the event that makes the employee ineligible to continue

 6  participation in the optional retirement program.

 7         (g)  An eligible employee who is a member of the

 8  Florida Retirement System at the time of election to

 9  participate in the optional retirement program retains all

10  retirement service credit earned under the Florida Retirement

11  System at the rate earned. Additional service credit in the

12  Florida Retirement System may not be earned while the employee

13  participates in the optional retirement program, nor is the

14  employee eligible for disability retirement under the Florida

15  Retirement System.

16         (h)  A program participant may not simultaneously

17  participate in any other state-administered retirement system,

18  plan, or class.

19         (i)  Except as provided in s. 121.052(6)(d), a program

20  participant who is or who becomes dually employed in two or

21  more positions covered by the Florida Retirement System, one

22  of which is eligible for an optional retirement program

23  pursuant to this section and one of which is not, is subject

24  to the dual employment provisions of chapter 121.

25         (4)(a)  Each college must contribute on behalf of each

26  program participant an amount equal to 10.43 percent of the

27  participant's gross monthly compensation. The college shall

28  deduct an amount approved by the community college to provide

29  for the administration of the optional retirement program.

30  Payment of this contribution must be made either directly by

31  the community college or through the program administrator to


                                 1435

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the designated company contracting for payment of benefits to

 2  the program participant.

 3         (b)  Each community college must contribute on behalf

 4  of each program participant an amount equal to the unfunded

 5  actuarial accrued liability portion of the employer

 6  contribution which would be required if the program

 7  participant were a member of the Regular Class of the Florida

 8  Retirement System. Payment of this contribution must be made

 9  directly by the college to the department for deposit in the

10  Florida Retirement System Trust Fund.

11         (c)  Each program participant who has executed an

12  annuity contract may contribute by way of salary reduction or

13  deduction a percentage of the program participant's gross

14  compensation, but this percentage may not exceed the

15  corresponding percentage contributed by the community college

16  to the optional retirement program. Payment of this

17  contribution may be made either directly by the college or

18  through the program administrator to the designated company

19  contracting for payment of benefits to the program

20  participant.

21         (d)  Contributions to an optional retirement program by

22  a college or a program participant are in addition to, and

23  have no effect upon, contributions required now or in future

24  by the federal Social Security Act.

25         (5)(a)  The benefits to be provided to program

26  participants must be provided through individual contracts or

27  group annuity contracts, which may be fixed, variable, or

28  both. Each individual contract or certificate must state the

29  type of annuity contract on its face page, and must include at

30  least a statement of ownership, the contract benefits, annuity

31  


                                 1436

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  income options, limitations, expense charges, and surrender

 2  charges, if any.

 3         (b)  Benefits are payable under the optional retirement

 4  program to program participants or their beneficiaries, and

 5  the benefits must be paid only by the designated company in

 6  accordance with the terms of the annuity contracts applicable

 7  to the program participant, provided that benefits funded by

 8  employer contributions are payable only as a lifetime annuity

 9  to the program participant, except for:

10         1.  A lump-sum payment to the program participant's

11  beneficiary or estate upon the death of the program

12  participant; or

13         2.  A cash-out of a de minimis account upon the request

14  of a former program participant who has been terminated for a

15  minimum of 6 months from the employment that caused the

16  participant to be eligible for participation.  A de minimis

17  account is an account with a designated company containing

18  employer contributions and accumulated earnings of not more

19  than $3,500.  The cash-out must be a complete liquidation of

20  the account balance with that designated company and is

21  subject to the provisions of the Internal Revenue Code.

22         (c)  The benefits payable to any person under the

23  optional retirement program, and any contribution accumulated

24  under the program, are not subject to assignment, execution,

25  attachment, or to any legal process whatsoever.

26         (6)(a)  The optional retirement program authorized by

27  this section must be implemented and administered by the

28  program administrator under s. 403(b) of the Internal Revenue

29  Code. The program administrator has the express authority to

30  contract with a third party to fulfill any of the program

31  administrator's duties.


                                 1437

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  The program administrator shall solicit

 2  competitive bids or issue a request for proposal and select no

 3  more than four companies from which annuity contracts may be

 4  purchased under the optional retirement program.  In making

 5  these selections, the program administrator shall consider the

 6  following factors:

 7         1.  The financial soundness of the company.

 8         2.  The extent of the company's experience in providing

 9  annuity contracts to fund retirement programs.

10         3.  The nature and extent of the rights and benefits

11  provided to program participants in relation to the premiums

12  paid.

13         4.  The suitability of the rights and benefits provided

14  to the needs of eligible employees and the interests of the

15  college in the recruitment and retention of employees.

16  

17  In lieu of soliciting competitive bids or issuing a request

18  for proposals, the program administrator may authorize the

19  purchase of annuity contracts under the optional retirement

20  program from those companies currently selected by the

21  department to offer such contracts through the State

22  University System Optional Retirement Program, as set forth in

23  s. 121.35.

24         (c)  Optional retirement program annuity contracts must

25  be approved in form and content by the program administrator

26  in order to qualify.  The program administrator may use the

27  same annuity contracts currently used within the State

28  University System Optional Retirement Program, as set forth in

29  s. 121.35.

30         (d)  The provision of each annuity contract applicable

31  to a program participant must be contained in a written


                                 1438

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  program description that includes a report of pertinent

 2  financial and actuarial information on the solvency and

 3  actuarial soundness of the program and the benefits applicable

 4  to the program participant. The company must furnish the

 5  description annually to the program administrator, and to each

 6  program participant upon commencement of participation in the

 7  program and annually thereafter.

 8         (e)  The program administrator must ensure that each

 9  program participant is provided annually with an accounting of

10  the total contributions and the annual contributions made by

11  and on the behalf of the program participant.

12         Section 777.  Section 1012.88, Florida Statutes, is

13  created to read:

14         1012.88  Community college police.--

15         (1)  Each community college is permitted and empowered

16  to employ police officers for the community college, who must

17  be designated community college police.

18         (2)  Each community college police officer is a law

19  enforcement officer of the state and a conservator of the

20  peace who has the authority to arrest, in accordance with the

21  laws of this state, any person for a violation of state law or

22  applicable county or municipal ordinance if that violation

23  occurs on or in any property or facilities of the community

24  college by which he or she is employed or any property or

25  facilities of a direct-support organization of such community

26  college. A community college police officer may also arrest a

27  person off campus for a violation committed on campus after a

28  hot pursuit of that person that began on any such property or

29  facilities. A community college police officer may bear arms

30  in the performance of his or her duties and carry out a search

31  pursuant to a search warrant on the campus where he or she is


                                 1439

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  employed. Community college police, upon request of the

 2  sheriff or local police authority, may serve subpoenas or

 3  other legal process and may make arrests of persons against

 4  whom arrest warrants have been issued or against whom charges

 5  have been made for violations of federal or state laws or

 6  county or municipal ordinances.

 7         (3)  Community college police shall promptly deliver

 8  all persons arrested and charged with felonies to the sheriff

 9  of the county within which the community college is located

10  and all persons arrested and charged with misdemeanors to the

11  applicable authority as provided by law, but otherwise to the

12  sheriff of the county in which the community college is

13  located.

14         (4)  Community college police must meet the minimum

15  standards established by the Police Standards and Training

16  Commission of the Department of Law Enforcement and chapter

17  943 for law enforcement officers. Each community college

18  police officer must, before entering into the performance of

19  his or her duties, take the oath of office established by the

20  community college. Each community college that employs police

21  officers may obtain and approve a bond on each police officer,

22  conditioned upon the officer's faithful performance of his or

23  her duties, which bond must be payable to the Governor. The

24  community college may determine the amount of the bond. In

25  determining the amount of the bond, the community college may

26  consider the amount of money or property likely to be in the

27  custody of the officer at any one time.  The community college

28  shall provide a uniform set of identifying credentials to each

29  community college police officer it employs.

30         (5)  In performance of any of the powers, duties, and

31  functions authorized by law, community college police have the


                                 1440

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  same rights, protections, and immunities afforded other law

 2  enforcement officers.

 3         (6)  The community college, with the approval of the

 4  Department of Law Enforcement, shall adopt rules, including,

 5  without limitation, rules for the appointment, employment, and

 6  removal of community college police in accordance with the

 7  state Career Service System and shall establish in writing a

 8  policy manual, that includes, without limitation, procedures

 9  for managing routine law enforcement situations and emergency

10  law enforcement situations. The community college shall

11  furnish a copy of the policy manual to each of the police

12  officers it employs.

13         Section 778.  Part IV.c. of chapter 1012, Florida

14  Statutes, shall be entitled "Universities; Personnel" and

15  shall consist of ss. 1012.91-1012.97.

16         Section 779.  Section 1012.91, Florida Statutes, is

17  created to read:

18         1012.91  Personnel records.--

19         (1)  Each university board of trustees shall adopt

20  rules prescribing the content and custody of limited-access

21  records that the university may maintain on its employees.

22  Such limited-access records are confidential and exempt from

23  the provisions of s. 119.07(1). Such records are limited to

24  the following:

25         (a)  Records containing information reflecting academic

26  evaluations of employee performance shall be open to

27  inspection only by the employee and by officials of the

28  university responsible for supervision of the employee.

29         (b)  Records maintained for the purposes of any

30  investigation of employee misconduct, including but not

31  limited to a complaint against an employee and all information


                                 1441

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  obtained pursuant to the investigation of such complaint,

 2  shall be confidential until the investigation ceases to be

 3  active or until the university provides written notice to the

 4  employee who is the subject of the complaint that the

 5  university has either:

 6         1.  Concluded the investigation with a finding not to

 7  proceed with disciplinary action;

 8         2.  Concluded the investigation with a finding to

 9  proceed with disciplinary action; or

10         3.  Issued a letter of discipline.

11  

12  For the purpose of this paragraph, an investigation shall be

13  considered active as long as it is continuing with a

14  reasonable, good faith anticipation that a finding will be

15  made in the foreseeable future.  An investigation shall be

16  presumed to be inactive if no finding is made within 90 days

17  after the complaint is filed.

18         (c)  Records maintained for the purposes of any

19  disciplinary proceeding brought against an employee shall be

20  confidential until a final decision is made in the proceeding.

21  The record of any disciplinary proceeding, including any

22  evidence presented, shall be open to inspection by the

23  employee at all times.

24         (d)  Records maintained for the purposes of any

25  grievance proceeding brought by an employee for enforcement of

26  a collective bargaining agreement or contract shall be

27  confidential and shall be open to inspection only by the

28  employee and by officials of the university conducting the

29  grievance proceeding until a final decision is made in the

30  proceeding.

31  


                                 1442

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (2)  Notwithstanding the foregoing, any records or

 2  portions thereof which are otherwise confidential by law shall

 3  continue to be exempt from the provisions of s. 119.07(1).  In

 4  addition, for sexual harassment investigations, portions of

 5  such records which identify the complainant, a witness, or

 6  information which could reasonably lead to the identification

 7  of the complainant or a witness are limited-access records.

 8         (3)  Except as required for use by the president in the

 9  discharge of his or her official responsibilities, the

10  custodian of limited-access records may release information

11  from such records only upon authorization in writing from the

12  employee or upon order of a court of competent jurisdiction.

13         (4)  Notwithstanding the provisions of subsection (1),

14  records comprising the common core items contained in the

15  State University System Student Assessment of Instruction or

16  comparable instrument may not be prescribed as limited-access

17  records.

18         (5)  This section shall apply to records created after

19  July 1, 1995.

20         Section 780.  Section 1012.92, Florida Statutes, is

21  created to read:

22         1012.92  Personnel codes of conduct; disciplinary

23  measures; rulemaking authority.--

24         (1)  Each university board of trustees may adopt, by

25  rule, codes of conduct and appropriate penalties for

26  violations of rules by employees, to be administered by the

27  university. Such penalties, unless otherwise provided by law,

28  may include: reprimand; restitution; fines; restrictions on

29  the use of or removal from university facilities; educational

30  training or counseling requirements; and the imposition of

31  


                                 1443

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  probation, suspension, dismissal, demotion, or other

 2  appropriate disciplinary action.

 3         (2)  Sanctions authorized by university codes of

 4  conduct may be imposed only for acts or omissions in violation

 5  of rules adopted by the university, including rules adopted

 6  under this section, rules of the State Board of Education,

 7  county and municipal ordinances, and the laws of this state,

 8  the United States, or any other state.

 9         (3)  The university board of trustees shall adopt rules

10  for the lawful discipline of any employee who intentionally

11  acts to impair, interfere with, or obstruct the orderly

12  conduct, processes, and functions of a state university. Said

13  rules may apply to acts conducted on or off campus when

14  relevant to such orderly conduct, processes, and functions.

15         Section 781.  Section 1012.93, Florida Statutes, is

16  created to read:

17         1012.93  Faculty members; test of spoken English.--The

18  State Board of Education shall adopt rules requiring that all

19  faculty members in each state university and New College,

20  other than those persons who teach courses that are conducted

21  primarily in a foreign language, be proficient in the oral use

22  of English, as determined by a satisfactory grade on the "Test

23  of Spoken English" of the Educational Testing Service or a

24  similar test approved by the state board.

25         Section 782.  Section 1012.94, Florida Statutes, is

26  created to read:

27         1012.94  Evaluations of faculty members; report.--

28         (1)  For the purpose of evaluating faculty members,

29  each university board of trustees shall adopt rules for the

30  assignment of duties and responsibilities to faculty members.

31  These assigned duties or responsibilities shall be conveyed to


                                 1444

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  each faculty member at the beginning of each academic term, in

 2  writing, by his or her departmental chair or other appropriate

 3  university administrator making the assignment. In evaluating

 4  the competencies of a faculty member, primary assessment shall

 5  be in terms of his or her performance of the assigned duties

 6  and responsibilities, and such evaluation shall be given

 7  adequate consideration for the purpose of salary adjustments,

 8  promotions, reemployment, and tenure. A faculty member who is

 9  assigned full-time teaching duties as provided by law shall be

10  rewarded with salary adjustments, promotions, reemployment, or

11  tenure for meritorious teaching and other scholarly activities

12  related thereto.

13         (2)  The State Board of Education shall establish

14  criteria for evaluating the quantity and quality of service to

15  public schools by university faculty members and shall require

16  consideration of this service in promotion, tenure, and other

17  reward measures. Each university board of trustees shall

18  ensure that the following policies are implemented:

19         (a)  Flexible criteria for rewarding faculty members,

20  consistent with the educational goals and objectives of the

21  university, shall be established, which criteria shall include

22  quality teaching and service to public schools as major

23  factors in determining salary adjustments, promotions,

24  reemployment, or tenure.

25         (b)  Measures shall be taken to increase the

26  recognition, reinforcements, and rewards given quality

27  teaching and service to public schools.  Such measures might

28  include grants for professional development, curriculum

29  improvement, and instructional innovation, as well as awards

30  of varying kinds for meritorious teaching.

31  


                                 1445

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (c)  The means of identifying and evaluating quality

 2  teachers and outstanding service to public schools shall be

 3  determined in accordance with established guidelines of the

 4  university.

 5         (3)  The chief academic officer at each state

 6  university and New College shall disseminate information to

 7  all faculty members which clearly states that service to

 8  public schools is one of the criteria used to determine salary

 9  adjustments, promotions, reemployment, and tenure for faculty

10  members.

11         Section 783.  Section 1012.945, Florida Statutes, is

12  created to read:

13         1012.945  Required number of classroom teaching hours

14  for university faculty members.--

15         (1)  As used in this section:

16         (a)  "State funds" means those funds appropriated

17  annually in the General Appropriations Act.

18         (b)  "Classroom contact hour" means a regularly

19  scheduled 1-hour period of classroom activity in a course of

20  instruction which has been approved by the university.

21         (2)  Each full-time equivalent teaching faculty member

22  at a university who is paid wholly from state funds shall

23  teach a minimum of 12 classroom contact hours per week at such

24  university. However, any faculty member who is assigned by his

25  or her departmental chair or other appropriate university

26  administrator professional responsibilities and duties in

27  furtherance of the mission of the university shall teach a

28  minimum number of classroom contact hours in proportion to 12

29  classroom hours per week as such especially assigned

30  aforementioned duties and responsibilities bear to 12

31  classroom contact hours per week. Any full-time faculty member


                                 1446

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  who is paid partly from state funds and partly from other

 2  funds or appropriations shall teach a minimum number of

 3  classroom contact hours in such proportion to 12 classroom

 4  contact hours per week as his or her salary paid from state

 5  funds bears to his or her total salary. In determining the

 6  appropriate hourly weighting of assigned duties other than

 7  classroom contact hours, the universities shall develop and

 8  apply a formula designed to equate the time required for

 9  nonclassroom duties with classroom contact hours. "Full-time

10  equivalent teaching faculty member" shall be interpreted to

11  mean all faculty personnel budgeted in the instruction and

12  research portion of the budget, exclusive of those full-time

13  equivalent positions assigned to research, public service,

14  administrative duties, and academic advising. Full-time

15  administrators, librarians, and counselors shall be exempt

16  from the provisions of this section; and colleges of medicine

17  and law and others which are required for purposes of

18  accreditation to meet national standards prescribed by the

19  American Medical Association, the American Bar Association, or

20  other professional associations shall be exempt from the

21  provisions of this section to the extent that the requirements

22  of this section differ from the requirements of accreditation.

23         Section 784.  Section 1012.95, Florida Statutes, is

24  created to read:

25         1012.95  University employment equity accountability

26  program.--

27         (1)  Each state university and New College shall

28  maintain an annual equity plan for appropriate representation

29  of women and minorities in senior-level administrative

30  positions, within tenure-track faculty, and within

31  faculty-granted tenure. Such plan shall be maintained until


                                 1447

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  appropriate representation has been achieved. As used in this

 2  subsection, the term:

 3         (a)  "Appropriate representation" means category

 4  employment representation that at least meets comparable

 5  national standards for at least two consecutive reporting

 6  periods.

 7         (b)  "Category" means major executive, administrative,

 8  and professional grouping, including senior-level

 9  administrative and professional positions, senior academic

10  administrative-level positions, and tenure-track faculty.

11         (2)(a)  By April 1 of each year, each state university

12  president shall submit an annual equity report to the

13  Commissioner of Education and the State Board of Education.

14  The equity report shall consist of a status update, an

15  analysis, and a status report of selected personnel

16  transactions. As used in this paragraph, the term, "selected

17  personnel transactions" means new hires in, promotions into,

18  tenure actions in, and terminations from a category. Each

19  university shall provide the following information for the

20  selected personnel transactions including, but not limited to:

21         1.  Job classification title.

22         2.  Gender.

23         3.  Race.

24         4.  Appointment status.

25  

26  The status update shall assess underrepresentation in each

27  category. The status report shall consist of current category

28  employment representation, comparable national standards, an

29  evaluation of representation, and annual goals to address

30  underrepresentation.

31  


                                 1448

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  After 1 year of implementation of a plan, and

 2  annually thereafter, for those categories in which prior year

 3  goals were not achieved, each university shall provide, in its

 4  annual equity report, a narrative explanation and a plan for

 5  achievement of equity. The plan shall include guidelines for

 6  ensuring balanced membership on selection committees and

 7  specific steps for developing a diverse pool of candidates for

 8  each vacancy in the category. The plan shall also include a

 9  systematic process by which those responsible for hiring are

10  provided information and are evaluated regarding their

11  responsibilities pursuant to this section.

12         (c)  The equity report shall include an analysis and

13  assessment of the university's accomplishment of annual goals,

14  as specified in the university's affirmative action plan, for

15  increasing the representation of women and minorities in

16  tenure-earning and senior-level administrative positions.

17         (d)  The equity report shall also include the current

18  rank, race, and gender of faculty eligible for tenure in a

19  category. In addition, each university shall report

20  representation of the pool of tenure-eligible faculty at each

21  stage of the transaction process and provide certification

22  that each eligible faculty member was apprised annually of

23  progress toward tenure. Each university shall also report on

24  the dissemination of standards for achieving tenure; racial

25  and gender composition of committees reviewing recommendations

26  at each transaction level; and dissemination of guidelines for

27  equitable distribution of assignments.

28         (3)(a)  A factor in the evaluation of university

29  presidents, vice presidents, deans, and chairpersons shall be

30  their annual progress in achieving the annual and long-range

31  hiring and promotional goals and objectives, as specified in


                                 1449

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the university's equity plan and affirmative action plan.

 2  Annual budget allocations for positions and funding shall be

 3  based on this evaluation. A summary of such evaluations shall

 4  be submitted to the Commissioner of Education and the State

 5  Board of Education as part of the university's annual equity

 6  report.

 7         (b)  The university boards of trustees shall annually

 8  evaluate the performance of the university presidents in

 9  achieving the annual equity goals and objectives. A summary of

10  the results of such evaluations shall be included as part of

11  the annual equity progress report submitted by the university

12  boards of trustees to the Legislature and the State Board of

13  Education.

14         (4)  The State Board of Education shall submit an

15  annual equity progress report to the President of the Senate

16  and the Speaker of the House of Representatives on or before

17  August 1 of each year.

18         (5)  Each university shall develop a budgetary

19  incentive plan to support and ensure attainment of the goals

20  developed pursuant to this section. The plan shall specify, at

21  a minimum, how resources shall be allocated to support the

22  achievement of goals and the implementation of strategies in a

23  timely manner. After prior review and approval by the

24  university president and the university board of trustees, the

25  plan shall be submitted as part of the annual equity report

26  submitted by each university to the State Board of Education.

27         (6)  Relevant components of each university's

28  affirmative action plan may be used to satisfy the

29  requirements of this section.

30         (7)  Subject to available funding, the Legislature

31  shall provide an annual appropriation to be allocated to the


                                 1450

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  universities to further enhance equity initiatives and related

 2  priorities that support the mission of departments, divisions,

 3  or colleges in recognition of the attainment of equity goals

 4  and objectives.

 5         Section 785.  Section 1012.96, Florida Statutes, is

 6  created to read:

 7         1012.96  IFAS extension personnel; federal health

 8  insurance programs notwithstanding the provisions of s.

 9  110.123.--The Institute of Food and Agricultural Sciences at

10  the University of Florida may pay the employer's share of

11  premiums to the Federal Health Benefits Insurance Program from

12  its appropriated budget for any cooperative extension employee

13  of the institute having both state and federal appointments

14  and participating in the Federal Civil Service Retirement

15  System.

16         Section 786.  Section 1012.965, Florida Statutes, is

17  created to read:

18         1012.965  Payment of costs of civil action against

19  employees.--

20         (1)  An employee or agent under the right of control of

21  a university board of trustees who, pursuant to the university

22  board's policies or rules, renders medical care or treatment

23  at any hospital or health care facility with which the

24  university board maintains an affiliation agreement whereby

25  the hospital or health care facility provides to the

26  university board a clinical setting for health care education,

27  research, and services, shall not be deemed to be an agent of

28  any person other than the university board in any civil action

29  resulting from any act or omission of the employee or agent

30  while rendering said medical care or treatment.  For this

31  subsection to apply, the patient shall be provided separate


                                 1451

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  written conspicuous notice by the university board of trustees

 2  or by the hospital or health care facility, and shall

 3  acknowledge receipt of this notice, in writing, unless

 4  impractical by reason of an emergency, either personally or

 5  through another person authorized to give consent for him or

 6  her, that he or she will receive care provided by university

 7  board's employees and liability, if any, that may arise from

 8  that care is limited as provided by law.  Compliance by a

 9  hospital or health care facility with the requirements of

10  chapter 395 or s. 766.110(1) shall not be used as evidence in

11  any civil action to establish an employment or agency

12  relationship between the hospital or health care facility and

13  an employee or agent of the university board of trustees

14  providing services within the hospital or health care

15  facility.

16         (2)  All faculty physicians employed by a university

17  board of trustees who are subject to the requirements of s.

18  456.013 shall complete their risk management continuing

19  education on issues specific to academic medicine. Such

20  continuing education shall include instruction for the

21  supervision of resident physicians as required by the

22  Accreditation Council for Graduate Medical Education. The

23  boards described in s. 456.013 shall adopt rules to implement

24  the provisions of this subsection.

25         (3)  There are appropriated out of any funds available

26  to a university, not subject to the obligation of contract,

27  covenant, or trust, the amounts necessary to carry out the

28  purposes of this section.

29         (4)  Failure of a university board of trustees or an

30  affiliated health care provider to do any act authorized by

31  this section shall not constitute a cause of action against


                                 1452

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the university board, or an affiliated health care provider,

 2  or any of their members, officers, or employees.

 3         Section 787.  Section 1012.97, Florida Statutes, is

 4  created to read:

 5         1012.97  University police.--

 6         (1)  Each university is empowered and directed to

 7  provide for police officers for the university, and such

 8  police officers shall hereafter be known and designated as the

 9  "university police."

10         (2)  The university police are hereby declared to be

11  law enforcement officers of the state and conservators of the

12  peace with the right to arrest, in accordance with the laws of

13  this state, any person for violation of state law or

14  applicable county or city ordinances when such violations

15  occur on any property or facilities that are under the

16  guidance, supervision, regulation, or control of the state

17  university or a direct-support organization of such

18  university, except that arrest may be made off campus when hot

19  pursuit originates on any such property or facilities. Such

20  officers shall have full authority to bear arms in the

21  performance of their duties and to execute search warrants

22  within their territorial jurisdiction. University police, when

23  requested by the sheriff or local police authority, may serve

24  subpoenas or other legal process and may make arrest of any

25  person against whom a warrant has been issued or any charge

26  has been made of violation of federal or state laws or county

27  or city ordinances.

28         (3)  University police shall promptly deliver all

29  persons arrested and charged with a felony to the sheriff of

30  the county within which the university is located, and all

31  persons arrested and charged with misdemeanors shall be


                                 1453

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  delivered to the applicable authority as may be provided by

 2  law, but otherwise to the sheriff of the county in which the

 3  university is located.

 4         (4)  University police must meet the minimum standards

 5  established by the Criminal Justice Standards and Training

 6  Commission and chapter 943. Each police officer shall, before

 7  entering into the performance of his or her duties, take the

 8  oath of office as established by the university; and the

 9  university may obtain and approve a bond on each officer,

10  payable to the Governor and his or her successors in office,

11  conditioned on the faithful performance of the duties of such

12  university police officer. The university may determine the

13  amount of the bond. In determining the amount of the bond, the

14  university may consider the amount of money or property likely

15  to be in the custody of the officer at any one time. The

16  university shall provide a uniform set of identification

17  credentials for each university police officer.

18         (5)  In performance of any of the powers, duties, and

19  functions authorized by law or this section, university police

20  shall have the same rights, protections, and immunities

21  afforded other peace or law enforcement officers.

22         (6)  The university, in concurrence with the Department

23  of Law Enforcement, shall adopt rules, including, but not

24  limited to, the appointment, employment, and removal of

25  university police and, further, establish in writing a policy

26  manual, including, but not limited to, routine and emergency

27  law enforcement situations. A policy manual shall be furnished

28  to each university police officer.

29         Section 788.  Part V of chapter 1012, Florida Statutes,

30  shall be entitled "Professional Development" and shall consist

31  of ss. 1012.98-1012.985.


                                 1454

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 789.  Section 1012.98, Florida Statutes, is

 2  created to read:

 3         1012.98  School Community Professional Development

 4  Act.--

 5         (1)  The Department of Education, public postsecondary

 6  educational institutions, public school districts, and public

 7  schools in this state shall collaborate to establish a

 8  coordinated system of professional development. The purpose of

 9  the professional development system is to enable the school

10  community to meet state and local student achievement

11  standards and the state education goals and to succeed in

12  school improvement as described in s. 1000.03.

13         (2)  The school community includes administrative

14  personnel, managers, instructional personnel, support

15  personnel, members of district school boards, members of

16  school advisory councils, parents, business partners, and

17  personnel that provide health and social services to school

18  children.  School districts may identify and include

19  additional members of the school community in the professional

20  development activities required by this section.

21         (3)  The activities designed to implement this section

22  must:

23         (a)  Increase the success of educators in guiding

24  student learning and development so as to implement state and

25  local educational standards, goals, and initiatives.

26         (b)  Assist the school community in providing

27  stimulating educational activities that encourage and motivate

28  students to achieve at the highest levels and to become active

29  learners.

30         (c)  Provide continuous support for all education

31  professionals as well as temporary intervention for education


                                 1455

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  professionals who need improvement in knowledge, skills, and

 2  performance.

 3         (4)  The Department of Education, school districts,

 4  schools, community colleges, and state universities share the

 5  responsibilities described in this section. These

 6  responsibilities include the following:

 7         (a)  The department shall develop and disseminate to

 8  the school community model professional development methods

 9  and programs that have demonstrated success in meeting

10  identified student needs. The Commissioner of Education shall

11  use data on student achievement to identify student needs. The

12  methods of dissemination must include a statewide performance

13  support system, a database of exemplary professional

14  development activities, a listing of available professional

15  development resources, training programs, and technical

16  assistance.

17         (b)  Each school district shall develop a professional

18  development system. The system shall be developed in

19  consultation with teachers and representatives of community

20  college and university faculty, community agencies, and other

21  interested citizen groups to establish policy and procedures

22  to guide the operation of the district professional

23  development program.  The professional development system

24  must:

25         1.  Be approved by the department. All substantial

26  revisions to the system shall be submitted to the department

27  for review for continued approval.

28         2.  Require the use of student achievement data; school

29  discipline data; school environment surveys; assessments of

30  parental satisfaction; performance appraisal data of teachers,

31  managers, and administrative personnel; and other performance


                                 1456

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  indicators to identify school and student needs that can be

 2  met by improved professional performance.

 3         3.  Provide inservice activities coupled with followup

 4  support that are appropriate to accomplish district-level and

 5  school-level improvement goals and standards. The inservice

 6  activities for instructional personnel shall primarily focus

 7  on subject content and teaching methods, including technology,

 8  as related to the Sunshine State Standards, assessment and

 9  data analysis, classroom management, and school safety.

10         4.  Include a master plan for inservice activities,

11  pursuant to rules of the State Board of Education, for all

12  district employees from all fund sources. The master plan

13  shall be updated annually by September 1 using criteria for

14  continued approval as specified by rules of the State Board of

15  Education. Written verification that the inservice plan meets

16  all requirements of this section must be submitted annually to

17  the commissioner by October 1.

18         5.  Require each school principal to establish and

19  maintain an individual professional development plan for each

20  instructional employee assigned to the school. The individual

21  professional development plan must:

22         a.  Be related to specific performance data for the

23  students to whom the teacher is assigned.

24         b.  Define the inservice objectives and specific

25  measurable improvements expected in student performance as a

26  result of the inservice activity.

27         c.  Include an evaluation component that determines the

28  effectiveness of the professional development plan.

29         6.  Include inservice activities for school

30  administrative personnel that address updated skills necessary

31  for effective school management and instructional leadership.


                                 1457

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         7.  Provide for systematic consultation with regional

 2  and state personnel designated to provide technical assistance

 3  and evaluation of local professional development programs.

 4         8.  Provide for delivery of professional development by

 5  distance learning and other technology-based delivery systems

 6  to reach more educators at lower costs.

 7         9.  Provide for the continuous evaluation of the

 8  quality and effectiveness of professional development programs

 9  in order to eliminate ineffective programs and strategies and

10  to expand effective ones. Evaluations must consider the impact

11  of such activities on the performance of participating

12  educators and their students' achievement and behavior.

13         (c)  Each community college and state university shall

14  assist the department, school districts, and schools in the

15  design, delivery, and evaluation of professional development

16  activities. This assistance must include active participation

17  in state and local activities required by the professional

18  development system.

19         (5)(a)  The Department of Education shall provide a

20  system for the recruitment, preparation, and professional

21  development of school administrative personnel. This system

22  shall:

23         1.  Identify the knowledge, competencies, and skills

24  necessary for effective school management and instructional

25  leadership that align with student performance standards and

26  accountability measures.

27         2.  Include performance evaluation methods.

28         3.  Provide for alternate means for preparation of

29  school administrative personnel which may include programs

30  designed by school districts and postsecondary educational

31  institutions pursuant to guidelines developed by the


                                 1458

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  commissioner. Such preparation programs shall be approved by

 2  the Department of Education.

 3         4.  Provide for the hiring of qualified out-of-state

 4  school administrative personnel.

 5         5.  Provide advanced educational opportunities for

 6  school-based instructional leaders.

 7         (b)  The Commissioner of Education shall appoint a task

 8  force that includes a district school superintendent, a

 9  district school board member, a principal, an assistant

10  principal, a teacher, a dean of a college of education, and

11  parents. The task force shall convene periodically to provide

12  recommendations to the department in the areas of recruitment,

13  certification, preparation, professional development, and

14  evaluation of school administrators.

15         (6)  Each district school board shall provide funding

16  for the professional development system as required by s.

17  1011.62 and the General Appropriations Act, and shall direct

18  expenditures from other funding sources to strengthen the

19  system and make it uniform and coherent.  A school district

20  may coordinate its professional development program with that

21  of another district, with an educational consortium, or with a

22  community college or university, especially in preparing and

23  educating personnel. Each district school board shall make

24  available inservice activities to instructional personnel of

25  nonpublic schools in the district and the state certified

26  teachers who are not employed by the district school board on

27  a fee basis not to exceed the cost of the activity per all

28  participants.

29         (7)  An organization of private schools which has no

30  fewer than 10 member schools in this state, which publishes

31  and files with the Department of Education copies of its


                                 1459

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  standards, and the member schools of which comply with the

 2  provisions of part II of chapter 1003, relating to compulsory

 3  school attendance, may also develop a professional development

 4  system that includes a master plan for inservice activities.

 5  The system and inservice plan must be submitted to the

 6  commissioner for approval pursuant to rules of the State Board

 7  of Education.

 8         (8)  The Department of Education shall design methods

 9  by which the state and district school boards may evaluate and

10  improve the professional development system. The evaluation

11  must include an annual assessment of data that indicate

12  progress or lack of progress of all students. If the review of

13  the data indicates progress, the department shall identify the

14  best practices that contributed to the progress. If the review

15  of the data indicates a lack of progress, the department shall

16  investigate the causes of the lack of progress, provide

17  technical assistance, and require the school district to

18  employ a different approach to professional development. The

19  department shall report annually to the State Board of

20  Education and the Legislature any school district that, in the

21  determination of the department, has failed to provide an

22  adequate professional development system.  This report must

23  include the results of the department's investigation and of

24  any intervention provided.

25         (9)  The State Board of Education may adopt rules

26  pursuant to ss. 120.536(1) and 120.54 to administer this

27  section.

28         (10)  This section does not limit or discourage a

29  district school board from contracting with independent

30  entities for professional development services and inservice

31  education if the district school board believes that, through


                                 1460

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  such a contract, a better product can be acquired or its goals

 2  for education improvement can be better met.

 3         (11)  For teachers, managers, and administrative

 4  personnel who have been evaluated as less than satisfactory, a

 5  district school board shall require participation in specific

 6  professional development programs as part of the improvement

 7  prescription.

 8         Section 790.  Section 1012.985, Florida Statutes, is

 9  created to read:

10         1012.985  Statewide system for inservice professional

11  development.--The intent of this section is to establish a

12  statewide system of professional development that provides a

13  wide range of targeted inservice training to teachers,

14  managers, and administrative personnel designed to upgrade

15  skills and knowledge needed to reach world class standards in

16  education. The system shall consist of a network of

17  professional development academies in each region of the state

18  that are operated in partnership with area business partners

19  to develop and deliver high-quality training programs

20  purchased by school districts. The academies shall be

21  established to meet the human resource development needs of

22  professional educators, schools, and school districts. Funds

23  appropriated for the initiation of professional development

24  academies shall be allocated by the Commissioner of Education,

25  unless otherwise provided in an appropriations act. To be

26  eligible for startup funds, the academy must:

27         (1)  Be established by the collaborative efforts of one

28  or more district school boards, members of the business

29  community, and the postsecondary educational institutions

30  which may award college credits for courses taught at the

31  academy.


                                 1461

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (2)  Demonstrate the capacity to provide effective

 2  training to improve teaching skills in the areas of elementary

 3  reading and mathematics, the use of instructional technology,

 4  high school algebra, and classroom management, and to deliver

 5  such training using face-to-face, distance learning, and

 6  individualized computer-based delivery systems.

 7         (3)  Propose a plan for responding in an effective and

 8  timely manner to the professional development needs of

 9  teachers, managers, administrative personnel, schools, and

10  school districts relating to improving student achievement and

11  meeting state and local education goals.

12         (4)  Demonstrate the ability to provide high-quality

13  trainers and training, appropriate followup and coaching for

14  all participants, and support school personnel in positively

15  impacting student performance.

16         (5)  Be operated under contract with its public

17  partners and governed by an independent board of directors,

18  which should include at least one district school

19  superintendent and one district school board chair from the

20  participating school districts, the president of the

21  collective bargaining unit that represents the majority of the

22  region's teachers, and at least three individuals who are not

23  employees or elected or appointed officials of the

24  participating school districts. Regional educational consortia

25  as defined in s. 1001.451 satisfy the requirements of this

26  subsection.

27         (6)  Be financed during the first year of operation by

28  an equal or greater match from private funding sources and

29  demonstrate the ability to be self-supporting within 1 year

30  after opening through fees for services, grants, or private

31  contributions. Regional educational consortia as defined in s.


                                 1462

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  1001.451 which serve rural areas of critical economic concern

 2  are exempt from the funding match required by this subsection.

 3         (7)  Own or lease a facility that can be used to

 4  deliver training onsite and through distance learning and

 5  other technology-based delivery systems. The participating

 6  district school boards may lease a site or facility to the

 7  academy for a nominal fee and may pay all or part of the costs

 8  of renovating a facility to accommodate the academy. The

 9  academy is responsible for all operational, maintenance, and

10  repair costs.

11         (8)  Provide professional development services for the

12  participating school districts as specified in the contract

13  and may provide professional development services to other

14  school districts, private schools, and individuals on a

15  fee-for-services basis.

16         Section 791.  Part VI of chapter 1012, Florida

17  Statutes, shall be entitled "Interstate Compact on

18  Qualifications of Educational Personnel" and shall consist of

19  ss. 1012.99-1012.992.

20         Section 792.  Section 1012.99, Florida Statutes, is

21  created to read:

22         1012.99  Interstate agreement on qualifications of

23  educational personnel.--The interstate agreement on

24  qualifications of educational personnel is hereby enacted into

25  law and entered into with all jurisdictions legally joining

26  therein, in form substantially as follows:

27  

28                            ARTICLE I

29  

30         PURPOSE, FINDINGS, AND POLICY

31  


                                 1463

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         1.  The states party to this agreement, desiring by

 2  common action to improve their respective school systems by

 3  utilizing the teacher or other professional educational person

 4  wherever educated, declare that it is the policy of each of

 5  them, on the basis of cooperation with one another, to take

 6  advantage of the preparation and experience of such persons

 7  wherever gained, thereby serving the best interests of

 8  society, of education, and of the teaching profession.  It is

 9  the purpose of this agreement to provide for the development

10  and execution of such programs of cooperation as will

11  facilitate the movement of teachers and other professional

12  educational personnel among the states party to it, and to

13  authorize specific interstate educational personnel contracts

14  to achieve that end.

15         2.  The party states find that included in the large

16  movement of population among all sections of the nation are

17  many qualified educational personnel who move for family and

18  other personal reasons but who are hindered in using their

19  professional skill and experience in their new locations.

20  Variations from state to state in requirements for qualifying

21  educational personnel discourage such personnel from taking

22  the steps necessary to qualify in other states.  As a

23  consequence, a significant number of professionally prepared

24  and experienced educators is lost to our school systems.

25  Facilitating the employment of qualified educational

26  personnel, without reference to their states of origin, can

27  increase the available educational resources. Participation in

28  this compact can increase the availability of educational

29  personnel.

30  

31                            ARTICLE II


                                 1464

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  

 2         DEFINITIONS

 3         As used in this agreement and contracts made pursuant

 4  to it, unless the context clearly requires otherwise:

 5         1.  "Educational personnel" means persons who must meet

 6  requirements pursuant to state law as a condition of

 7  employment in educational programs.

 8         2.  "Designated state official" means the education

 9  official of a state selected by that state to negotiate and

10  enter into, on behalf of this state, contracts pursuant to

11  this agreement.

12         3.  "Accept," or any variant thereof, means to

13  recognize and give effect to one or more determinations of

14  another state relating to the qualifications of educational

15  personnel in lieu of making or requiring a like determination

16  that would otherwise be required by or pursuant to the laws of

17  a receiving state.

18         4.  "State" means a state, territory, or possession of

19  the United States; the district of Columbia; or the

20  Commonwealth of Puerto Rico.

21         5.  "Originating state" means a state and the

22  subdivision thereof, if any, whose determination that certain

23  educational personnel are qualified to be employed for

24  specific duties in schools is acceptable in accordance with

25  the terms of a contract made pursuant to Article III.

26         6.  "Receiving state" means a state and the

27  subdivisions thereof which accept educational personnel in

28  accordance with the terms of a contract made pursuant to

29  Article III.

30  

31                           ARTICLE III


                                 1465

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  

 2         INTERSTATE EDUCATIONAL

 3         PERSONNEL CONTRACTS

 4         1.  The designated state official of a party state may

 5  make one or more contracts on behalf of his or her state with

 6  one or more other party states providing for the acceptance of

 7  educational personnel.  Any such contract for the period of

 8  its duration shall be applicable to and binding on the states

 9  whose designated state officials enter into it, and the

10  subdivisions of those states, with the same force and effect

11  as if incorporated in this agreement. A designated state

12  official may enter into a contract pursuant to this article

13  only with states in which he or she finds that there are

14  programs of education, certification standards or other

15  acceptable qualifications that assure preparation or

16  qualification of educational personnel on a basis sufficiently

17  comparable, even though not identical to that prevailing in

18  his or her own state.

19         2.  Any such contract shall provide for:

20         (a)  Its duration.

21         (b)  The criteria to be applied by an originating state

22  in qualifying educational personnel for acceptance by a

23  receiving state.

24         (c)  Such waivers, substitutions, and conditional

25  acceptances as shall aid the practical effectuation of the

26  contract without sacrifice of basic educational standards.

27         (d)  Any other necessary matters.

28         3.  No contract made pursuant to this agreement shall

29  be for a term longer than five years but any such contract may

30  be renewed for like or lesser periods.

31  


                                 1466

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         4.  Any contract dealing with acceptance of educational

 2  personnel on the basis of their having completed an

 3  educational program shall specify the earliest date or dates

 4  on which originating state approval of the program or programs

 5  involved can have occurred. No contract made pursuant to this

 6  agreement shall require acceptance by a receiving state or any

 7  persons qualified because of successful completion of a

 8  program prior to January 1, 1954.

 9         5.  The certification or other acceptance of a person

10  who has been accepted pursuant to the terms of a contract

11  shall not be revoked or otherwise impaired because the

12  contract has expired or been terminated.  However, any

13  certificate or other qualifying document may be revoked or

14  suspended on any ground which would be sufficient for

15  revocation or suspension of a certificate or other qualifying

16  document initially granted or approved in the receiving state.

17         6.  A contract committee composed of the designated

18  state officials of the contracting states or their

19  representatives shall keep the contract under continuous

20  review, study means of improving its administration, and

21  report no less frequently than once a year to the heads of the

22  appropriate education agencies of the contracting states.

23  

24                            ARTICLE IV

25  

26         APPROVED AND ACCEPTED PROGRAMS

27         1.  Nothing in this agreement shall be construed to

28  repeal or otherwise modify any law or regulation of a party

29  state relating to the approval of programs of educational

30  preparation having effect solely on the qualification of

31  educational personnel within that state.


                                 1467

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         2.  To the extent that contracts made pursuant to this

 2  agreement deal with the educational requirements for the

 3  proper qualification of educational personnel, acceptance of a

 4  program of educational preparation shall be in accordance with

 5  such procedures and requirements as may be provided in the

 6  applicable contract.

 7  

 8                            ARTICLE V

 9  

10         INTERSTATE COOPERATION

11         The party states agree that:

12         1.  They will, so far as practicable, prefer the making

13  of multilateral contracts pursuant to Article III of this

14  agreement.

15         2.  They will facilitate and strengthen cooperation in

16  interstate certification and other elements of educational

17  personnel qualification and for this purpose shall cooperate

18  with agencies, organizations, and associations interested in

19  certification and other elements of educational personnel

20  qualification.

21  

22                            ARTICLE VI

23  

24         AGREEMENT EVALUATION

25         The designated state officials of any party states may

26  meet from time to time as a group to evaluate progress under

27  the agreement, and to formulate recommendations for changes.

28  

29                           ARTICLE VII

30  

31         OTHER ARRANGEMENTS


                                 1468

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Nothing in this agreement shall be construed to prevent

 2  or inhibit other arrangements or practices of any party state

 3  or states to facilitate the interchange of educational

 4  personnel.

 5  

 6                           ARTICLE VIII

 7  

 8         EFFECT AND WITHDRAWAL

 9         1.  This agreement shall become effective when enacted

10  into law by two states. Thereafter it shall become effective

11  as to any state upon its enactment of this agreement.

12         2.  Any party state may withdraw from this agreement by

13  enacting a statute repealing the same, but no such withdrawal

14  shall take effect until one year after the governor of the

15  withdrawing state has given notice in writing of the

16  withdrawal to the governors of all other party states.

17         3.  No withdrawal shall relieve the withdrawing state

18  of any obligation imposed upon it by a contract to which it is

19  a party.  The duration of contracts and the methods and

20  conditions of withdrawal therefrom shall be those specified in

21  their terms.

22  

23                            ARTICLE IX

24  

25         CONSTRUCTION AND SEVERABILITY

26         This agreement shall be liberally construed so as to

27  effectuate the purposes thereof.  The provisions of this

28  agreement shall be severable and if any phrase, clause,

29  sentence or provision of this agreement is declared to be

30  contrary to the constitution of any state or of the United

31  States, or the application thereof to any government, agency,


                                 1469

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  person, or circumstance is held invalid, the validity of the

 2  remainder of this agreement and the applicability thereof to

 3  any government, agency, person, or circumstance shall not be

 4  affected thereby.  If this agreement shall be held contrary to

 5  the constitution of any state participating therein, the

 6  agreement shall remain in full force and effect as to the

 7  state affected as to all severable matters.

 8         Section 793.  Section 1012.991, Florida Statutes, is

 9  created to read:

10         1012.991  Commissioner designated official.--For the

11  purposes of the agreement set forth in Article IX, the

12  "designated state official" for this state shall be the

13  Commissioner of Education. The Commissioner of Education shall

14  enter into contracts pursuant to Article III of the agreement

15  only with the approval of the specific texts thereof by the

16  State Board of Education.

17         Section 794.  Section 1012.992, Florida Statutes, is

18  created to read:

19         1012.992  Copies of contracts with other states;

20  depository.--Two copies of all contracts made on behalf of

21  this state pursuant to the agreement set forth in Article IX

22  shall be kept on file in the office of the Commissioner of

23  Education and in the office of the Department of State. The

24  Department of Education shall publish all such contracts in

25  convenient form.

26         Section 795.  Chapter 1013, Florida Statutes, shall be

27  entitled "Educational Facilities" and shall consist of ss.

28  1013.01-1013.82.

29         Section 796.  Part I of chapter 1013, Florida Statutes,

30  shall be entitled "Functions; Department of Education" and

31  shall consist of ss. 1013.01-1013.05.


                                 1470

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 797.  Section 1013.01, Florida Statutes, is

 2  created to read:

 3         1013.01  Definitions.--The following terms shall be

 4  defined as follows for the purpose of this chapter:

 5         (1)  "Ancillary plant" is comprised of the building,

 6  site, and site improvements necessary to provide such

 7  facilities as vehicle maintenance, warehouses, maintenance, or

 8  administrative buildings necessary to provide support services

 9  to an educational program.

10         (2)  "Auxiliary facility" means the spaces located at

11  educational plants which are not designed for student occupant

12  stations.

13         (3)  "Board," unless otherwise specified, means a

14  district school board, a community college board of trustees,

15  a university board of trustees, and the Board of Trustees for

16  the Florida School for the Deaf and the Blind.  The term

17  "board" does not include the State Board of Education.

18         (4)  "Capital project," for the purpose of s. 9(a)(2),

19  Art. XII of the State Constitution, as amended, means sums of

20  money appropriated from the Public Education Capital Outlay

21  and Debt Service Trust Fund to the state system of public

22  education and other educational agencies as authorized by the

23  Legislature.

24         (5)  "Core facilities" means the media center,

25  cafeteria, toilet facilities, and circulation space of an

26  educational plant.

27         (6)  "Educational facilities" means the buildings and

28  equipment, structures, and special educational use areas that

29  are built, installed, or established to serve primarily the

30  educational purposes and secondarily the social and

31  recreational purposes of the community and which may lawfully


                                 1471

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  be used as authorized by the Florida Statutes and approved by

 2  boards.

 3         (7)  "Educational plant" comprises the educational

 4  facilities, site, and site improvements necessary to

 5  accommodate students, faculty, administrators, staff, and the

 6  activities of the educational program of each plant.

 7         (8)  "Educational plant survey" means a systematic

 8  study of present educational and ancillary plants and the

 9  determination of future needs to provide an appropriate

10  educational program and services for each student based on

11  projected capital outlay FTE's approved by the Department of

12  Education.

13         (9)  "Feasibility study" means the examination and

14  analysis of information related to projected educational

15  facilities to determine whether they are reasonable and

16  possible.

17         (10)  "Long-range planning" means devising a systematic

18  method based on educational information and needs, carefully

19  analyzed, to provide the facilities to meet the goals and

20  objectives of the educational agency for a period of 5 years.

21         (11)  "Low-energy usage features" means engineering

22  features or devices that supplant or minimize the consumption

23  of fossil fuels by heating equipment and cooling equipment.

24  Such features may include, but are not limited to, high

25  efficiency chillers and boilers, thermal storage tanks, solar

26  energy systems, waste heat recovery systems, and facility load

27  management systems.

28         (12)  "Maintenance and repair" means the upkeep of

29  educational and ancillary plants, including, but not limited

30  to, roof or roofing replacement short of complete replacement

31  of membrane or structure; repainting of interior or exterior


                                 1472

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  surfaces; resurfacing of floors; repair or replacement of

 2  glass; repair of hardware, furniture, equipment, electrical

 3  fixtures, and plumbing fixtures; and repair or resurfacing of

 4  parking lots, roads, and walkways. The term "maintenance and

 5  repair" does not include custodial or groundskeeping

 6  functions, or renovation except for the replacement of

 7  equipment with new equipment of equal systems meeting current

 8  code requirements, provided that the replacement item neither

 9  places increased demand upon utilities services or structural

10  supports nor adversely affects the function of safety to life

11  systems.

12         (13)  "Need determination" means the identification of

13  types and amounts of educational facilities necessary to

14  accommodate the educational programs, student population,

15  faculty, administrators, staff, and auxiliary and ancillary

16  services of an educational agency.

17         (14)  "New construction" means any construction of a

18  building or unit of a building in which the entire work is new

19  or an entirely new addition connected to an existing building

20  or which adds additional square footage to the space

21  inventory.

22         (15)  "Passive design elements" means architectural

23  features that minimize heat gain, heat loss, and the use of

24  heating and cooling equipment when ambient conditions are

25  extreme and that permit use of the facility without heating or

26  air-conditioning when ambient conditions are moderate.  Such

27  features may include, but are not limited to, building

28  orientation, landscaping, earth bermings, insulation, thermal

29  windows and doors, overhangs, skylights, thermal chimneys, and

30  other design arrangements.

31  


                                 1473

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (16)  "Public education capital outlay (PECO) funded

 2  projects" means site acquisition, renovation, remodeling,

 3  construction projects, and site improvements necessary to

 4  accommodate buildings, equipment, other structures, and

 5  special educational use areas that are built, installed, or

 6  established to serve primarily the educational instructional

 7  program of the district school board, community college board

 8  of trustees, or university board of trustees.

 9         (17)  "Remodeling" means the changing of existing

10  facilities by rearrangement of spaces and their use and

11  includes, but is not limited to, the conversion of two

12  classrooms to a science laboratory or the conversion of a

13  closed plan arrangement to an open plan configuration.

14         (18)  "Renovation" means the rejuvenating or upgrading

15  of existing facilities by installation or replacement of

16  materials and equipment and includes, but is not limited to,

17  interior or exterior reconditioning of facilities and spaces;

18  air-conditioning, heating, or ventilating equipment; fire

19  alarm systems; emergency lighting; electrical systems; and

20  complete roofing or roof replacement, including replacement of

21  membrane or structure. As used in this subsection, the term

22  "materials" does not include instructional materials.

23         (19)  "Satisfactory educational facility" means a

24  facility that has been recommended for continued use by an

25  educational plant survey or that has been classified as

26  satisfactory in the state inventory of educational facilities.

27         (20)  "Site" means a space of ground occupied or to be

28  occupied by an educational facility or program.

29         (21)  "Site development" means work that must be

30  performed on an unimproved site in order to make it usable for

31  


                                 1474

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the desired purpose or work incidental to new construction or

 2  to make an addition usable.

 3         (22)  "Site improvement" means work that must be

 4  performed on an existing site to improve its utilization,

 5  correct health and safety deficiencies, meet special program

 6  needs, or provide additional service areas.

 7         (23)  "Site improvement incident to construction" means

 8  the work that must be performed on a site as an accompaniment

 9  to the construction of an educational facility.

10         (24)  "Satellite facility" means the buildings and

11  equipment, structures, and special educational use areas that

12  are built, installed, or established by private business or

13  industry in accordance with chapter 6A-2, Florida

14  Administrative Code, to be used exclusively for educational

15  purposes to serve primarily the students of its employees and

16  that are staffed professionally by the district school board.

17         Section 798.  Section 1013.02, Florida Statutes, is

18  created to read: 

19         1013.02  Purpose; rules.--

20         (1)  The purpose of this chapter is to authorize state

21  and local officials to cooperate in establishing and

22  maintaining educational plants that will provide for public

23  educational needs throughout the state.

24         (2)  The State Board of Education shall adopt rules

25  pursuant to ss. 120.536(1) and 120.54 to implement the

26  provisions of this chapter.

27         Section 799.  Section 1013.03, Florida Statutes, is

28  created to read: 

29         1013.03  Functions of the department.--The functions of

30  the Department of Education as it pertains to educational

31  


                                 1475

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  facilities shall include, but not be limited to, the

 2  following:

 3         (1)  Establish recommended minimum and maximum square

 4  footage standards for different functions and areas and

 5  procedures for determining the gross square footage for each

 6  educational facility to be funded in whole or in part by the

 7  state, including public broadcasting stations but excluding

 8  postsecondary special purpose laboratory space. The gross

 9  square footage determination standards may be exceeded when

10  the core facility space of an educational facility is

11  constructed or renovated to accommodate the future addition of

12  classrooms to meet projected increases in student enrollment.

13  The department shall encourage multiple use of facilities and

14  spaces in educational plants.

15         (2)  Establish, for the purpose of determining need,

16  equitably uniform utilization standards for all types of like

17  space, regardless of the level of education.  These standards

18  shall also establish, for postsecondary education classrooms,

19  a minimum room utilization rate of 40 hours per week and a

20  minimum station utilization rate of 60 percent.  These rates

21  shall be subject to increase based on national norms for

22  utilization of postsecondary education classrooms.

23         (3)  Require boards to submit other educational plant

24  inventories data and statistical data or information relevant

25  to construction, capital improvements, and related costs.

26         (4)  Require each board and other appropriate agencies

27  to submit complete and accurate financial data as to the

28  amounts of funds from all sources that are available and spent

29  for construction and capital improvements.  The commissioner

30  shall prescribe the format and the date for the submission of

31  this data and any other educational facilities data. If any


                                 1476

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  district does not submit the required educational facilities

 2  fiscal data by the prescribed date, the Commissioner of

 3  Education shall notify the district school board of this fact

 4  and, if appropriate action is not taken to immediately submit

 5  the required report, the district school board shall be

 6  directed to proceed pursuant to the provisions of s.

 7  1001.42(11)(b). If any community college or university does

 8  not submit the required educational facilities fiscal data by

 9  the prescribed date, the same policy prescribed in this

10  subsection for school districts shall be implemented.

11         (5)  Administer, under the supervision of the

12  Commissioner of Education, the Public Education Capital Outlay

13  and Debt Service Trust Fund and the School District and

14  Community College District Capital Outlay and Debt Service

15  Trust Fund.

16         (6)  Develop, review, update, revise, and recommend a

17  mandatory portion of the Florida Building Code for educational

18  facilities construction and capital improvement by community

19  college boards and district school boards.

20         (7)  Provide training, technical assistance, and

21  building code interpretation for requirements of the mandatory

22  Florida Building Code for the educational facilities

23  construction and capital improvement programs of the community

24  college boards and district school boards and, upon request,

25  approve phase III construction documents for remodeling,

26  renovation, or new construction of educational plants or

27  ancillary facilities, except that university boards of

28  trustees shall approve specifications and construction

29  documents for their respective institutions. The Department of

30  Management Services may, upon request, provide similar

31  services for the Florida School for the Deaf and the Blind and


                                 1477

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  shall use the Florida Building Code and the Florida Fire

 2  Prevention Code.

 3         (8)  Provide minimum criteria, procedures, and training

 4  to boards to conduct educational plant surveys and document

 5  the determination of future needs.

 6         (9)  Make available to boards technical assistance,

 7  awareness training, and research and technical publications

 8  relating to lifesafety, casualty, sanitation, environmental,

 9  maintenance, and custodial issues; and, as needed, technical

10  assistance for survey, planning, design, construction,

11  operation, and evaluation of educational and ancillary

12  facilities and plants, facilities administrative procedures

13  review, and training for new administrators.

14         (10)(a)  Review and validate surveys proposed or

15  amended by the boards and recommend to the Commissioner of

16  Education, for approval, surveys that meet the requirements of

17  this chapter.

18         1.  The term "validate" as applied to surveys by school

19  districts means to review inventory data as submitted to the

20  department by district school boards; provide for review and

21  inspection, where required, of student stations and aggregate

22  square feet of inventory changed from satisfactory to

23  unsatisfactory or changed from unsatisfactory to satisfactory;

24  compare new school inventory to allocation limits provided by

25  this chapter; review cost projections for conformity with cost

26  limits set by s. 1013.64(6); compare total capital outlay

27  full-time equivalent enrollment projections in the survey with

28  the department's projections; review facilities lists to

29  verify that student station and auxiliary facility space

30  allocations do not exceed the limits provided by this chapter

31  and related rules; review and confirm the application of


                                 1478

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  uniform facility utilization factors, where provided by this

 2  chapter or related rules; utilize the documentation of

 3  programs offered per site, as submitted by the board, to

 4  analyze facility needs; confirm that need projections for

 5  career and technical and adult educational programs comply

 6  with needs documented by the Office of Workforce and Economic

 7  Development; and confirm the assignment of full-time student

 8  stations to all space except auxiliary facilities, which, for

 9  purposes of exemption from student station assignment, include

10  the following:

11         a.  Cafeterias.

12         b.  Multipurpose dining areas.

13         c.  Media centers.

14         d.  Auditoriums.

15         e.  Administration.

16         f.  Elementary, middle, and high school resource rooms,

17  up to the number of such rooms recommended for the applicable

18  occupant and space design capacity of the educational plant in

19  the State Requirements for Educational Facilities, beyond

20  which student stations must be assigned.

21         g.  Elementary school skills labs, up to the number of

22  such rooms recommended for the applicable occupant and space

23  design capacity of the educational plant in the State

24  Requirements for Educational Facilities, beyond which student

25  stations must be assigned.

26         h.  Elementary school art and music rooms.

27         2.  The term "validate" as applied to surveys by

28  community colleges and universities means to review and

29  document the approval of each new site and official

30  designation, where applicable; review the inventory database

31  as submitted by each board to the department, including


                                 1479

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  noncareer and technical, and total capital outlay full-time

 2  equivalent enrollment projections per site and per college;

 3  provide for the review and inspection, where required, of

 4  student stations and aggregate square feet of space changed

 5  from satisfactory to unsatisfactory; utilize and review the

 6  documentation of programs offered per site submitted by the

 7  boards as accurate for analysis of space requirements and

 8  needs; confirm that needs projected for career and technical

 9  and adult educational programs comply with needs documented by

10  the Office of Workforce and Economic Development; compare new

11  facility inventory to allocations limits as provided in this

12  chapter; review cost projections for conformity with state

13  averages or limits designated by this chapter; compare student

14  enrollment projections in the survey to the department's

15  projections; review facilities lists to verify that area

16  allocations and space factors for generating space needs do

17  not exceed the limits as provided by this chapter and related

18  rules; confirm the application of facility utilization factors

19  as provided by this chapter and related rules; and review, as

20  submitted, documentation of how survey recommendations will

21  implement the detail of current campus master plans and

22  integrate with local comprehensive plans and development

23  regulations.

24         (b)  Recommend priority of projects to be funded for

25  approval by the state board, when required by law.

26         (11)  Prepare the commissioner's comprehensive fixed

27  capital outlay legislative budget request and provide annually

28  an estimate of the funds available for developing required

29  3-year priority lists. This amount shall be based upon the

30  average percentage for the 5 prior years of funds appropriated

31  by the Legislature for fixed capital outlay to each level of


                                 1480

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  public education: public schools, community colleges, and

 2  universities.

 3         (12)  Perform any other functions that may be involved

 4  in educational facilities construction and capital improvement

 5  which shall ensure that the intent of the Legislature is

 6  implemented.

 7         Section 800.  Section 1013.04, Florida Statutes, is

 8  created to read: 

 9         1013.04  School district facilities work program

10  performance and productivity standards; development;

11  measurement; application.--

12         (1)  The Office of Educational Facilities and SMART

13  Schools Clearinghouse shall develop and adopt measures for

14  evaluating the performance and productivity of school district

15  facilities work programs. The measures may be both

16  quantitative and qualitative and must, to the maximum extent

17  practical, assess those factors that are within the districts'

18  control.  The measures must, at a minimum, assess performance

19  in the following areas:

20         (a)  Frugal production of high-quality projects.

21         (b)  Efficient finance and administration.

22         (c)  Optimal school and classroom size and utilization

23  rate.

24         (d)  Safety.

25         (e)  Core facility space needs and cost-effective

26  capacity improvements that consider demographic projections.

27         (f)  Level of district local effort.

28         (2)  The office shall establish annual performance

29  objectives and standards that can be used to evaluate district

30  performance and productivity.

31  


                                 1481

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (3)  The office shall conduct ongoing evaluations of

 2  district educational facilities program performance and

 3  productivity, using the measures adopted under this section.

 4  If, using these measures, the office finds that a district

 5  failed to perform satisfactorily, the office must recommend to

 6  the district school board actions to be taken to improve the

 7  district's performance.

 8         Section 801.  Section 1013.05, Florida Statutes, is

 9  created to read: 

10         1013.05  Office of Educational Facilities and SMART

11  (Soundly Made, Accountable, Reasonable, and Thrifty) Schools

12  Clearinghouse.--

13         (1)  The SMART Schools Clearinghouse is established to

14  assist school districts that seek to access School

15  Infrastructure Thrift (SIT) Program awards pursuant to ss.

16  1013.42 and 1013.72 or effort index grants pursuant to s.

17  1013.73. The office must use expedited procedures in providing

18  such assistance.

19         (2)  The office shall prioritize school district SIT

20  Program awards based on a review of the district facilities

21  work programs and proposed construction projects.

22         Section 802.  Part II of chapter 1013, Florida

23  Statutes, shall be entitled "Use and Management of Educational

24  Facilities" and shall consist of ss. 1013.10-1013.28.

25         Section 803.  Section 1013.10, Florida Statutes, is

26  created to read: 

27         1013.10  Use of buildings and grounds.--The board may

28  permit the use of educational facilities and grounds for any

29  legal assembly or for community use centers or may permit the

30  same to be used as voting places in any primary, regular, or

31  special election.  The board shall adopt rules or policies and


                                 1482

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  procedures necessary to protect educational facilities and

 2  grounds when used for such purposes.

 3         Section 804.  Section 1013.11, Florida Statutes, is

 4  created to read: 

 5         1013.11  Postsecondary institutions assessment of

 6  physical plant safety.--The president of each postsecondary

 7  institution shall conduct or cause to be conducted an annual

 8  assessment of physical plant safety. An annual report shall

 9  incorporate the findings obtained through such assessment and

10  recommendations for the improvement of safety on each campus.

11  The annual report shall be submitted to the respective

12  governing or licensing board of jurisdiction no later than

13  January 1 of each year. Each board shall compile the

14  individual institutional reports and convey the aggregate

15  institutional reports to the Commissioner of Education. The

16  Commissioner of Education shall convey these reports and the

17  reports required in s. 1008.48 to the President of the Senate

18  and the Speaker of the House of Representatives no later than

19  March 1 of each year.

20         Section 805.  Section 1013.12, Florida Statutes, is

21  created to read: 

22         1013.12  Safety and sanitation standards and inspection

23  of property.--The State Board of Education shall adopt and

24  administer rules prescribing standards for the safety and

25  health of occupants of educational and ancillary plants as a

26  part of State Requirements for Educational Facilities or the

27  Florida Building Code for educational facilities construction

28  as provided in s. 1013.37, the provisions of chapter 633 to

29  the contrary notwithstanding. These standards must be used by

30  all public agencies when inspecting public educational and

31  ancillary plants. In accordance with such standards, each


                                 1483

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  board shall prescribe policies and procedures establishing a

 2  comprehensive program of safety and sanitation for the

 3  protection of occupants of public educational and ancillary

 4  plants.  Such policies must contain procedures for periodic

 5  inspections as prescribed herein and for withdrawal of any

 6  educational and ancillary plant, or portion thereof, from use

 7  until unsafe or unsanitary conditions are corrected or

 8  removed.

 9         (1)  PERIODIC INSPECTION OF PROPERTY BY DISTRICT SCHOOL

10  BOARDS.--

11         (a)  Each board shall provide for periodic inspection

12  of each educational and ancillary plant at least once during

13  each fiscal year to determine compliance with standards of

14  sanitation and casualty safety prescribed in the rules of the

15  State Board of Education.

16         (b)  Firesafety inspections of each educational and

17  ancillary plant must be made annually by persons certified by

18  the Division of State Fire Marshal to be eligible to conduct

19  firesafety inspections in public educational and ancillary

20  plants.

21         (c)  In each firesafety inspection report, the board

22  shall include a plan of action and a schedule for the

23  correction of each deficiency.  If immediate life-threatening

24  deficiencies are noted in any inspection, the board shall

25  either take action to promptly correct the deficiencies or

26  withdraw the educational or ancillary plant from use until

27  such time as the deficiencies are corrected.

28         (2)  INSPECTION OF EDUCATIONAL PROPERTY BY OTHER PUBLIC

29  AGENCIES.--

30         (a)  A safety or sanitation inspection of any

31  educational or ancillary plant may be made at any time by the


                                 1484

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Department of Education or any other state or local agency

 2  authorized or required to conduct such inspections by either

 3  general or special law.  Each agency conducting inspections

 4  shall use the standards adopted by the Commissioner of

 5  Education in lieu of, and to the exclusion of, any other

 6  inspection standards prescribed either by statute or

 7  administrative rule, the provisions of chapter 633 to the

 8  contrary notwithstanding.  The agency shall submit a copy of

 9  the inspection report to the board.

10         (b)  In addition to district school board inspections,

11  the applicable local fire control authority shall also

12  annually inspect district school board educational facilities

13  within its fire control district, using the standards adopted

14  by the Commissioner of Education. Reports shall be filed with

15  the district school board, and a copy shall be on file with

16  the local site administrator.

17         (3)  CORRECTIVE ACTION.--Upon failure of the board to

18  take corrective action within a reasonable time, the agency

19  making the inspection may request the commissioner to:

20         (a)  Order that appropriate action be taken to correct

21  all deficiencies in accordance with a schedule determined

22  jointly by the inspecting authority and the board; in

23  developing the schedule, consideration must be given to the

24  seriousness of the deficiencies and the ability of the board

25  to obtain the necessary funds; or

26         (b)  After 30 calendar days' notice to the board, order

27  all or a portion of the educational or ancillary plant

28  withdrawn from use until the deficiencies are corrected.

29         (4)  INSPECTIONS OF PUBLIC POSTSECONDARY EDUCATION

30  FACILITIES.--Firesafety inspections of community college and

31  


                                 1485

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  university facilities shall comply with State Board of

 2  Education rules.

 3         Section 806.  Section 1013.13, Florida Statutes, is

 4  created to read: 

 5         1013.13  Coordination of school safety information;

 6  construction design documents.--

 7         (1)  Each district school superintendent must provide

 8  to the law enforcement agency and fire department that has

 9  jurisdiction over each educational facility a copy of the

10  floor plans and other relevant documents for each educational

11  facility in the district, as defined in s. 1013.01. After the

12  initial submission of the floor plans and other relevant

13  documents, the district superintendent of schools shall

14  submit, by October 1 of each year, revised floor plans and

15  other relevant documents for each educational facility in the

16  district that was modified during the preceding year.

17         (2)  Each community college president must provide to

18  the law enforcement agency and fire department that has

19  jurisdiction over the community college a copy of the floor

20  plans and other relevant documents for each educational

21  facility as defined in s. 1013.01. After the initial

22  submission of the floor plans and other relevant documents,

23  the community college president shall submit, by October 1 of

24  each year, revised floor plans and other relevant documents

25  for each educational facility that was modified during the

26  preceding year.

27         Section 807.  Section 1013.14, Florida Statutes, is

28  created to read: 

29         1013.14  Proposed purchase of real property by a board;

30  confidentiality of records; procedure.--

31  


                                 1486

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (1)(a)  In any case in which a board, pursuant to the

 2  provisions of this chapter, seeks to acquire by purchase any

 3  real property for educational purposes, every appraisal,

 4  offer, or counteroffer must be in writing and is exempt from

 5  the provisions of s. 119.07(1) until an option contract is

 6  executed or, if no option contract is executed, until 30 days

 7  before a contract or agreement for purchase is considered for

 8  approval by the board. If a contract or agreement for purchase

 9  is not submitted to the board for approval, the exemption from

10  s. 119.07(1) shall expire 30 days after the termination of

11  negotiations. The board shall maintain complete and accurate

12  records of every such appraisal, offer, and counteroffer. For

13  the purposes of this section, the term "option contract" means

14  an agreement by the board to purchase a piece of property,

15  subject to the approval of the board at a public meeting after

16  30 days' public notice.

17         (b)  Prior to acquisition of the property, the board

18  shall obtain at least one appraisal by an appraiser approved

19  pursuant to s. 253.025(6)(b) for each purchase in an amount

20  greater than $100,000 and not more than $500,000. For each

21  purchase in an amount in excess of $500,000, the board shall

22  obtain at least two appraisals by appraisers approved pursuant

23  to s. 253.025(6)(b). If the agreed to purchase price exceeds

24  the average appraised value, the board is required to approve

25  the purchase by an extraordinary vote.

26         (2)  Nothing in this section shall be interpreted as

27  providing an exemption from, or an exception to, s. 286.011.

28         Section 808.  Section 1013.15, Florida Statutes, is

29  created to read: 

30         1013.15  Lease, rental, and lease-purchase of

31  educational facilities and sites.--


                                 1487

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (1)  A board may lease any land, facilities, or

 2  educational plants owned by it to any person or entity for

 3  such term, for such rent, and upon such terms and conditions

 4  as the board determines to be in its best interests; any such

 5  lease may provide for the optional or binding purchase of the

 6  land, facilities, or educational plants by the lessee upon

 7  such terms and conditions as the board determines are in its

 8  best interests.  A determination that any such land, facility,

 9  or educational plant so leased is unnecessary for educational

10  purposes is not a prerequisite to the leasing or

11  lease-purchase of such land, facility, or educational plant.

12  Prior to entering into or executing any such lease, a board

13  shall consider approval of the lease or lease-purchase

14  agreement at a public meeting, at which a copy of the proposed

15  agreement in its final form shall be available for inspection

16  and review by the public, after due notice as required by law.

17         (2)(a)  A district school board may rent or lease

18  educational facilities and sites as defined in s. 1013.01.

19  Educational facilities and sites rented or leased for 1 year

20  or less shall be funded through the operations budget or funds

21  derived from millage proceeds pursuant to s. 1011.71(2). A

22  lease contract for 1 year or less, when extended or renewed

23  beyond a year, becomes a multiple-year lease. Operational

24  funds or funds derived from millage proceeds pursuant to s.

25  1011.71(2) may be authorized to be expended for multiple-year

26  leases. All leased facilities and sites must be inspected

27  prior to occupancy by the authority having jurisdiction.

28         1.  All newly leased spaces must be inspected and

29  brought into compliance with the Florida Building Code

30  pursuant to chapter 553 and the life safety codes pursuant to

31  chapter 633, prior to occupancy, using the board's operations


                                 1488

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  budget or funds derived from millage proceeds pursuant to s.

 2  1011.71(2).

 3         2.  Plans for renovation or remodeling of leased space

 4  shall conform to the Florida Building Code and the Florida

 5  Fire Prevention Code for educational occupancies or other

 6  occupancies, as appropriate and as required in chapters 553

 7  and 633, prior to occupancy.

 8         3.  All leased facilities must be inspected annually

 9  for firesafety deficiencies in accordance with the applicable

10  code and have corrections made in accordance with s. 1013.12.

11  Operational funds or funds derived from millage proceeds

12  pursuant to s. 1011.71(2) may be used to correct deficiencies

13  in leased space.

14         4.  When the board declares that a public emergency

15  exists, it may take up to 30 days to bring the leased facility

16  into compliance with the requirements of State Board of

17  Education rules.

18         (b)  A board is authorized to lease-purchase

19  educational facilities and sites as defined in s. 1013.01. The

20  lease-purchase of educational facilities and sites shall be as

21  required by s. 1013.37, shall be advertised for and receive

22  competitive proposals and be awarded to the best proposer, and

23  shall be funded using current or other funds specifically

24  authorized by law to be used for such purpose.

25         1.  A district school board, by itself, or through a

26  direct-support organization formed pursuant to s. 1013.77 or

27  nonprofit educational organization or a consortium of district

28  school boards, may, in developing a lease-purchase of

29  educational facilities and sites provide for separately

30  advertising for and receiving competitive bids or proposals on

31  the construction of facilities and the selection of financing


                                 1489

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  to provide the lowest cost funding available, so long as the

 2  board determines that such process would best serve the public

 3  interest and the pledged revenues are limited to those

 4  authorized in s. 1011.71(2)(e).

 5         2.  All activities and information, including lists of

 6  individual participants, associated with agreements made

 7  pursuant to this section shall be subject to the provisions of

 8  chapter 119 and s. 286.011.

 9         (c)1.  The term of any lease-purchase agreement,

10  including the initial term and any subsequent renewals, shall

11  not exceed the useful life of the educational facilities and

12  sites for which the agreement is made, or 30 years, whichever

13  is less.

14         2.  The initial term or any renewal term of any

15  lease-purchase agreement shall expire on June 30 of each

16  fiscal year, but may be automatically renewed annually,

17  subject to a board making sufficient annual appropriations

18  therefor. Under no circumstances shall the failure of a board

19  to renew a lease-purchase agreement constitute a default or

20  require payment of any penalty or in any way limit the right

21  of a board to purchase or utilize educational facilities and

22  sites similar in function to the educational facilities and

23  sites that are the subject of the said lease-purchase

24  agreement.  Educational facilities and sites being acquired

25  pursuant to a lease-purchase agreement shall be exempt from ad

26  valorem taxation.

27         3.  No lease-purchase agreement entered into pursuant

28  to this subsection shall constitute a debt, liability, or

29  obligation of the state or a board or shall be a pledge of the

30  faith and credit of the state or a board.

31  


                                 1490

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         4.  Any lease-purchase agreement entered into pursuant

 2  to this subsection shall stipulate an annual rate which may

 3  consist of a principal component and an interest component,

 4  provided that the maximum interest rate of any interest

 5  component payable under any such lease-purchase agreement, or

 6  any participation or certificated portion thereof, shall be

 7  calculated in accordance with and be governed by the

 8  provisions of s. 215.84.

 9         (3)  Lease agreements entered into by university boards

10  of trustees shall comply with the provisions of s. 1013.171.

11         (4)(a)  A board may rent or lease existing buildings,

12  or space within existing buildings, originally constructed or

13  used for purposes other than education, for conversion to use

14  as educational facilities. Such buildings rented or leased for

15  1 year or less shall be funded through the operations budget

16  or funds derived from millage pursuant to s. 1011.71(2). A

17  rental agreement or lease contract for 1 year or less, when

18  extended or renewed beyond a year, becomes a multiple-year

19  rental or lease. Operational funds or funds derived from

20  millage proceeds pursuant to s. 1011.71(2) may be authorized

21  to be expended for multiple-year rentals or leases.

22  Notwithstanding any other provisions of this section, if a

23  building was constructed in conformance with all applicable

24  building and life safety codes, it shall be deemed to meet the

25  requirements for use and occupancy as an educational facility

26  subject only to the provisions of this subsection.

27         (b)  Prior to occupying a rented or a leased existing

28  building, or space within an existing building, pursuant to

29  this subsection, a school board shall, in a public meeting,

30  adopt a resolution certifying that the following circumstances

31  apply to the building proposed for occupancy:


                                 1491

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         1.  Growth among the school-age population in the

 2  school district has created a need for new educational

 3  facilities in a neighborhood where there is little or no

 4  vacant land.

 5         2.  There exists a supply of vacant space in existing

 6  buildings that meet state minimum building and life safety

 7  codes.

 8         3.  Acquisition and conversion to use as educational

 9  facilities of an existing building or buildings is a

10  cost-saving means of providing the needed classroom space as

11  determined by the difference between the cost of new

12  construction, including land acquisition and preparation and,

13  if applicable, demolition of existing structures, and the cost

14  of acquisition through rental or lease and conversion of an

15  existing building or buildings.

16         4.  The building has been examined for suitability,

17  safety, and conformance with state minimum building and life

18  safety codes. The building examination shall consist, at a

19  minimum, of a review of existing documents, building site

20  reconnaissance, and analysis of the building conducted by, or

21  under the responsible charge of, a licensed structural

22  engineer.

23         5.  A certificate of evaluation has been issued by an

24  appropriately licensed design professional which states that,

25  based on available documents, building site reconnaissance,

26  current knowledge, and design judgment in the professional's

27  opinion, the building meets the requirements of state minimum

28  building and life safety codes, provides safe egress of

29  occupants from the building, provides adequate firesafety, and

30  does not pose a substantial threat to life to persons who

31  would occupy the building for classroom use.


                                 1492

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         6.  The plans for conversion of the building were

 2  prepared by an appropriate design professional licensed in

 3  this state and the work of conversion was performed by

 4  contractors licensed in this state.

 5         7.  The conversion of the building was observed by an

 6  appropriate design professional licensed in this state.

 7         8.  The building has been reviewed, inspected, and

 8  granted a certificate of occupancy by the local building

 9  department.

10         9.  All ceilings, light fixtures, ducts, and registers

11  within the area to be occupied for classroom purposes were

12  constructed or have been reconstructed to meet state minimum

13  requirements.

14         Section 809.  Section 1013.16, Florida Statutes, is

15  created to read: 

16         1013.16  Construction of facilities on leased property;

17  conditions.--

18         (1)  A board may construct or place educational

19  facilities and ancillary facilities on land that is owned by

20  any person after the board has acquired from the owner of the

21  land a long-term lease for the use of this land for a period

22  of not less than 40 years or the life expectancy of the

23  permanent facilities constructed thereon, whichever is longer.

24         (2)  A board may enter into a short-term lease for the

25  use of land owned by any person on which temporary or

26  relocatable facilities are to be utilized.

27         Section 810.  Section 1013.17, Florida Statutes, is

28  created to read: 

29         1013.17  University leasing in affiliated research and

30  development park.--A university is exempt from the

31  requirements of s. 255.25(3), (4), and (8) when leasing


                                 1493

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  educational facilities in a research and development park with

 2  which the university is affiliated and when the State Board of

 3  Education certifies in writing that the leasing of said

 4  educational facilities is in the best interests of the

 5  university and that the exemption from competitive bid

 6  requirements would not be detrimental to the state.

 7         Section 811.  Section 1013.171, Florida Statutes, is

 8  created to read:

 9         1013.171  University lease agreements; land,

10  facilities.--

11         (1)  Each university is authorized to negotiate and

12  enter into agreements to lease land under its jurisdiction to

13  for-profit and nonprofit corporations, registered by the

14  Secretary of State to do business in this state, for the

15  purpose of erecting thereon facilities and accommodations

16  necessary and desirable to serve the needs and purposes of the

17  university, as determined by the systemwide strategic plan

18  adopted by the State Board of Education. Such agreement will

19  be for a term not in excess of 99 years or the life expectancy

20  of the permanent facilities constructed thereon, whichever is

21  shorter, and shall include as a part of the consideration

22  provisions for the eventual ownership of the completed

23  facilities by the state. The Board of Trustees of the Internal

24  Improvement Trust Fund upon request of the university shall

25  lease any such property to the university for sublease as

26  heretofore provided.

27         (2)  Each university board of trustees is authorized to

28  enter into agreements with for-profit and nonprofit

29  corporations, registered by the Secretary of State to do

30  business in this state, whereby income-producing buildings,

31  improvements, and facilities necessary and desirable to serve


                                 1494

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the needs and purposes of the university, as determined by the

 2  systemwide strategic plan adopted by the State Board of

 3  Education, are acquired by purchase or lease-purchase by the

 4  university. When such agreements provide for lease-purchase of

 5  facilities erected on land that is not under the jurisdiction

 6  of the university, the agreement shall include as a part of

 7  the consideration provisions for the eventual ownership of the

 8  land and facility by the state. Agreements for lease-purchase

 9  shall not exceed 30 years or the life expectancy of the

10  permanent facility constructed, whichever is shorter.

11  Notwithstanding the provisions of any other law, the

12  university board of trustees may enter into an agreement for

13  the lease-purchase of a facility under this section for a term

14  greater than 1 year. Each university board of trustees is

15  authorized to use any auxiliary trust funds, available and not

16  otherwise obligated, to pay rent to the owner should income

17  from the facilities not be sufficient in any debt payment

18  period. The trust funds used for payment of rent shall be

19  reimbursed as soon as possible to the extent that income from

20  the facilities exceeds the amount necessary for such debt

21  payment.

22         (3)  Each university board of trustees may:

23         (a)  Construct educational facilities on land that is

24  owned by a direct-support organization, as defined in s.

25  1004.28, or a governmental agency at the federal, state,

26  county, or municipal level, if the university has acquired a

27  long-term lease for the use of the land. The lease must be for

28  at least 40 years or the expected time the facilities to be

29  constructed on the land are expected to remain in a condition

30  acceptable for use, whichever is longer.

31  


                                 1495

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  Acquire a short-term lease from one of the

 2  entities listed in paragraph (a) for the use of land, if

 3  adequate temporary or relocatable facilities are available on

 4  the land.

 5         (c)  Enter into a short-term lease for the use of land

 6  and buildings upon which capital improvements may be made.

 7  

 8  If sufficient land is not available from any of the entities

 9  listed in paragraph (a), a university may acquire a short-term

10  lease from a private landowner or developer.

11         (4)  Agreements as provided in this section shall be

12  entered into with an offeror resulting from publicly announced

13  competitive bids or proposals, except that the university may

14  enter into an agreement with an entity enumerated in paragraph

15  (3)(a) for leasing land or with a direct-support organization

16  as provided in s. 1004.28, which shall enter into subsequent

17  agreements for financing and constructing the project after

18  receiving competitive bids or proposals. Any facility

19  constructed, lease-purchased, or purchased under such

20  agreements, whether erected on land under the jurisdiction of

21  the university or not, shall conform to the construction

22  standards and codes applicable to university facilities. Each

23  university board of trustees shall adopt such rules as are

24  necessary to carry out its duties and responsibilities imposed

25  by this section.

26         (5)  Agreements executed by the State Board of

27  Education prior to January 1, 1980, for the purposes listed

28  herein shall be validated, and said board's capacity to act in

29  such cases ratified and confirmed.

30         Section 812.  Section 1013.18, Florida Statutes, is

31  created to read: 


                                 1496

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         1013.18  Radio and television facilities.--

 2         (1)  A board may acquire, by purchase, license,

 3  permanent easement, or gift, suitable lands and other

 4  facilities, either within or without the boundaries of the

 5  district, for use in providing educational radio or television

 6  transmitting sites and may erect such buildings, antennas,

 7  transmission equipment, towers, or other structures as are

 8  necessary to accomplish the purposes of this section.

 9         (2)  Fixed capital outlay budget requests for public

10  broadcasting stations and instructional television and radio

11  facilities shall be submitted pursuant to s. 1013.60. The

12  commissioner may include any recommendations for these

13  purposes in the legislative budget request for fixed capital

14  outlay.

15         Section 813.  Section 1013.19, Florida Statutes, is

16  created to read: 

17         1013.19  Purchase, conveyance, or encumbrance of

18  property interests above surface of land; joint-occupancy

19  structures.--For the purpose of implementing jointly financed

20  construction project agreements, or for the construction of

21  combined occupancy structures, any board may purchase, own,

22  convey, sell, lease, or encumber airspace or any other

23  interests in property above the surface of the land, provided

24  the lease of airspace for nonpublic use is for such reasonable

25  rent, length of term, and conditions as the board in its

26  discretion may determine. All proceeds from such sale or lease

27  shall be used by the board or boards receiving the proceeds

28  solely for fixed capital outlay purposes. These purposes may

29  include the renovation or remodeling of existing facilities

30  owned by the board or the construction of new facilities;

31  however, for a community college board or university board,


                                 1497

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  such new facility must be authorized by the Legislature. It is

 2  declared that the use of such rental by the board for public

 3  purposes in accordance with its statutory authority is a

 4  public use. Airspace or any other interest in property held by

 5  the Board of Trustees of the Internal Improvement Trust Fund

 6  or the State Board of Education may not be divested or

 7  conveyed without approval of the respective board. Any

 8  building, including any building or facility component that is

 9  common to both nonpublic and educational portions thereof,

10  constructed in airspace that is sold or leased for nonpublic

11  use pursuant to this section is subject to all applicable

12  state, county, and municipal regulations pertaining to land

13  use, zoning, construction of buildings, fire protection,

14  health, and safety to the same extent and in the same manner

15  as such regulations would be applicable to the construction of

16  a building for nonpublic use on the appurtenant land beneath

17  the subject airspace. Any educational facility constructed or

18  leased as a part of a joint-occupancy facility is subject to

19  all rules and requirements of the respective boards or

20  departments having jurisdiction over educational facilities.

21         Section 814.    Effective upon this act becoming a law,

22  section 1013.20, Florida Statutes, is created to read:

23         1013.20  Standards for relocatables used as classroom

24  space; inspections.--

25         (1)  The State Board of Education shall adopt rules

26  establishing standards for relocatables intended for long-term

27  use as classroom space at a public elementary school, middle

28  school, or high school.  "Long-term use" means the use of

29  relocatables at the same educational plant for a period of 4

30  years or more.  Each relocatable acquired by a district school

31  board after the effective date of the rules and intended for


                                 1498

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  long-term use must comply with the standards. District school

 2  boards shall submit a plan for the use of existing

 3  relocatables within the 5-year work program to be reviewed and

 4  approved by the commissioner by January 1, 2003.  A progress

 5  report shall be provided by the commissioner to the Speaker of

 6  the House of Representatives and the President of the Senate

 7  each January thereafter. Relocatables that fail to meet the

 8  standards after completion of the approved plan may not be

 9  used as classrooms.  The standards shall protect the health,

10  safety, and welfare of occupants by requiring compliance with

11  the Florida Building Code or the State Requirements for

12  Educational Facilities for existing relocatables, as

13  applicable, to ensure the safety and stability of construction

14  and onsite installation; fire and moisture protection; air

15  quality and ventilation; appropriate wind resistance; and

16  compliance with the requirements of the Americans with

17  Disabilities Act of 1990.  If appropriate and where

18  relocatables are not scheduled for replacement, the standards

19  must also require relocatables to provide access to the same

20  technologies available to similar classrooms within the main

21  school facility and, if appropriate, and where relocatables

22  are not scheduled for replacement, to be accessible by

23  adequate covered walkways.  A relocatable that is subject to

24  this section and does not meet the standards shall not be

25  reported as providing satisfactory student stations in the

26  Florida Inventory of School Houses.

27         (2)  Annual inspections for all satisfactory

28  relocatables designed for classroom use or being occupied by

29  students are required for:  foundations; tie-downs; structural

30  integrity; weatherproofing; HVAC; electrical; plumbing, if

31  applicable; firesafety; and accessibility.  Reports shall be


                                 1499

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  filed with the district school board and posted in each

 2  respective relocatable in order to facilitate corrective

 3  action.

 4         Section 815.  Section 1013.21, Florida Statutes, is

 5  created to read: 

 6         1013.21  Reduction of relocatable facilities in use.--

 7         (1)(a)  It is a goal of the Legislature that all school

 8  districts shall provide a quality educational environment for

 9  their students such that, by July 1, 2003, student stations in

10  relocatable facilities exceeding 20 years of age and in use by

11  a district during the 1998-1999 fiscal year shall be removed

12  and the number of all other relocatable student stations at

13  over-capacity schools during that fiscal year shall be

14  decreased by half. The Legislature finds, however, that

15  necessary maintenance of existing facilities and public school

16  enrollment growth impair the ability of some districts to

17  achieve the goal of this section within 5 years. Therefore,

18  the Legislature is increasing its commitment to school funding

19  in this act, in part to help districts reduce the number of

20  temporary, relocatable student stations at over-capacity

21  schools. The Legislature intends that local school districts

22  also increase their investment toward meeting this goal. Each

23  district's progress toward meeting this goal shall be measured

24  annually by comparing district facilities work programs for

25  replacing relocatables with the state capital outlay

26  projections for education prepared by the Office of

27  Educational Facilities and SMART Schools Clearinghouse.

28  District facilities work programs shall be monitored by the

29  SMART Schools Clearinghouse to measure the commitment of local

30  school districts toward this goal.

31  


                                 1500

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  For the purposes of this section, an

 2  "over-capacity school" means a school the capital outlay FTE

 3  enrollment of which exceeds 100 percent of the space and

 4  occupant design capacity of its nonrelocatable facilities.

 5  However, if a school's initial design incorporated relocatable

 6  or modular instructional space, an "over-capacity school"

 7  shall mean a school the capital outlay FTE enrollment of which

 8  exceeds 100 percent of the space and occupant design capacity

 9  of its core facilities.

10         (2)  In accordance with the legislative goal described

11  in subsection (1), any relocatables purchased with money

12  appropriated pursuant to chapter 97-384, Laws of Florida,

13  shall be counted at actual student capacity for purposes of s.

14  1013.31 for the life cycle of the relocatable.

15         Section 816.  Section 1013.22, Florida Statutes, is

16  created to read: 

17         1013.22  Obscenity on educational buildings or

18  vehicles.--Whoever willfully cuts, paints, pastes, marks, or

19  defaces by writing or in any other manner any educational

20  building, furniture, apparatus, appliance, outbuilding,

21  ground, fence, tree, post, vehicle, or other educational

22  property with an obscene word, image, or device commits a

23  misdemeanor of the second degree, punishable as provided in s.

24  775.082 or s. 775.083. This section shall not apply to any

25  student in grades K-12 subject to the discipline of a district

26  school board.

27         Section 817.  Section 1013.23, Florida Statutes, is

28  created to read: 

29         1013.23  Energy efficiency contracting.--

30         (1)  LEGISLATIVE INTENT.--The Legislature finds that

31  investment in energy conservation measures in educational


                                 1501

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  facilities can reduce the amount of energy consumed and

 2  produce immediate and long-term savings. It is the policy of

 3  this state to encourage school districts, community colleges,

 4  and state universities to invest in energy conservation

 5  measures that reduce energy consumption, produce a cost

 6  savings, and improve the quality of indoor air in facilities,

 7  and, when economically feasible, to build, operate, maintain,

 8  or renovate educational facilities in such a manner so as to

 9  minimize energy consumption and maximize energy savings. It is

10  further the policy of this state to encourage school

11  districts, community colleges, and state universities to

12  reinvest any energy savings resulting from energy conservation

13  measures into additional energy conservation efforts.

14         (2)  DEFINITIONS.--For purposes of this section, the

15  term:

16         (a)  "Energy conservation measure" means a training

17  program, facility alteration, or equipment to be used in new

18  construction, including an addition to an existing facility,

19  that reduces energy costs, and includes, but is not limited

20  to:

21         1.  Insulation of the facility structure and systems

22  within the facility.

23         2.  Storm windows and doors, caulking or

24  weatherstripping, multiglazed windows and doors,

25  heat-absorbing, or heat-reflective, glazed and coated window

26  and door systems, additional glazing, reductions in glass

27  area, and other window and door system modifications that

28  reduce energy consumption.

29         3.  Automatic energy control systems.

30         4.  Heating, ventilating, or air-conditioning system

31  modifications or replacements.


                                 1502

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         5.  Replacement or modifications of lighting fixtures

 2  to increase the energy efficiency of the lighting system

 3  which, at a minimum, shall conform to the Florida Building

 4  Code.

 5         6.  Energy recovery systems.

 6         7.  Cogeneration systems that produce steam or forms of

 7  energy such as heat, as well as electricity, for use primarily

 8  within a facility or complex of facilities.

 9         8.  Energy conservation measures that provide long-term

10  operating cost reductions and significantly reduce Btu

11  consumed.

12         9.  Renewable energy systems, such as solar, biomass,

13  and wind.

14         10.  Devices which reduce water consumption or sewer

15  charges.

16         (b)  "Energy cost savings" means:

17         1.  A measured reduction in fuel, energy, or operation

18  and maintenance costs created from the implementation of one

19  or more energy conservation measures when compared with an

20  established baseline for previous fuel, energy, or operation

21  and maintenance costs; or

22         2.  For new construction, a projected reduction in

23  fuel, energy, or operation and maintenance costs created from

24  the implementation of one or more energy conservation measures

25  when compared with the projected fuel, energy, or operation

26  and maintenance costs for equipment if the minimum standards

27  of the Florida Building Code for educational facilities

28  construction were implemented and signed and sealed by a

29  registered professional engineer.

30         (c)  "Energy performance-based contract" means a

31  contract for the evaluation, recommendation, and


                                 1503

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  implementation of energy conservation measures which includes,

 2  at a minimum:

 3         1.  The design and installation of equipment to

 4  implement one or more of such measures, and, if applicable,

 5  operation and maintenance of such measures.

 6         2.  The amount of any actual annual savings. This

 7  amount must meet or exceed total annual contract payments made

 8  by the district school board, community college board of

 9  trustees, or state university board of trustees for such

10  contract.

11         3.  Financing charges to be incurred by the district

12  school board, community college board of trustees, or state

13  university board of trustees over the life of the contract.

14         (d)  "Energy performance contractor" means a person or

15  business licensed pursuant to chapter 471, chapter 481, or

16  chapter 489 and experienced in the analysis, design,

17  implementation, and installation of energy conservation

18  measures through the implementation of energy

19  performance-based contracts.

20         (3)  ENERGY PERFORMANCE-BASED CONTRACT PROCEDURES.--

21         (a)  A district school board, community college board

22  of trustees, or state university board of trustees may enter

23  into an energy performance-based contract with an energy

24  performance contractor to significantly reduce energy or

25  operating costs of an educational facility through one or more

26  energy conservation measures.

27         (b)  The energy performance contractor shall be

28  selected in compliance with s. 287.055; except that in a case

29  where a district school board, community college board of

30  trustees, or state university board of trustees determines

31  that fewer than three firms are qualified to perform the


                                 1504

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  required services, the requirement for agency selection of

 2  three firms, as provided in s. 287.055(4)(b), shall not apply

 3  and the bid requirements of s. 287.057 shall not apply.

 4         (c)  Before entering into a contract pursuant to this

 5  section, the district school board, community college board of

 6  trustees, or state university board of trustees shall provide

 7  published notice of the meeting in which it proposes to award

 8  the contract, the names of the parties to the proposed

 9  contract, and the contract's purpose.

10         (d)  Prior to the design and installation of the energy

11  conservation measure, the district school board, community

12  college board of trustees, or state university board of

13  trustees must obtain from the energy performance contractor a

14  report that discloses all costs associated with the energy

15  conservation measure and provides an estimate of the amount of

16  the energy cost savings. The report must be reviewed by either

17  the Department of Education or the Department of Management

18  Services or signed and sealed by a registered professional

19  engineer.

20         (e)  A district school board, community college board

21  of trustees, or state university board of trustees may enter

22  into an energy performance-based contract with an energy

23  performance contractor if, after review of the report required

24  by paragraph (d), it finds that the amount it would spend on

25  the energy conservation measures recommended in the report

26  will not exceed the amount to be saved in energy and operation

27  costs over 20 years from the date of installation, based on

28  life-cycle costing calculations, if the recommendations in the

29  report were followed and if the energy performance contractor

30  provides a written guarantee that the energy or operating cost

31  savings will meet or exceed the costs of the system.  The


                                 1505

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  contract may provide for payments over a period of time not to

 2  exceed 20 years.

 3         (f)  A district school board, community college board

 4  of trustees, or state university board of trustees may enter

 5  into an installment payment contract for the purchase and

 6  installation of energy conservation measures.  The contract

 7  shall provide for payments of not less than one-twentieth of

 8  the price to be paid within 2 years from the date of the

 9  complete installation and acceptance by the district school

10  board, community college board of trustees, or state

11  university board of trustees, and the remaining costs to be

12  paid at least quarterly, not to exceed a 20-year term based on

13  life-cycle costing calculations.

14         (g)  Energy performance-based contracts may extend

15  beyond the fiscal year in which they become effective;

16  however, the term of any contract shall expire at the end of

17  each fiscal year and may be automatically renewed annually up

18  to 20 years, subject to a district school board, community

19  college board of trustees, or state university board of

20  trustees making sufficient annual appropriations based upon

21  continued realized energy cost savings.  Such contracts shall

22  stipulate that the agreement does not constitute a debt,

23  liability, or obligation of the state or a district school

24  board, community college board of trustees, or state

25  university board of trustees, or a pledge of the faith and

26  credit of the state or a district school board, community

27  college board of trustees, or state university board of

28  trustees.

29         (4)  CONTRACT PROVISIONS.--

30         (a)  An energy performance-based contract shall include

31  a guarantee by the energy performance contractor that annual


                                 1506

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  energy cost savings will meet or exceed the amortized cost of

 2  energy conservation measures.

 3         (b)  The contract shall provide that all payments,

 4  except obligations on termination of the contract before its

 5  expiration, are to be made over time, but not to exceed 20

 6  years from the date of complete installation and acceptance by

 7  the district school board, community college board of

 8  trustees, or state university board of trustees, and that the

 9  annual savings are guaranteed to the extent necessary to make

10  annual payments to satisfy the contract.

11         (c)  The contract must require that the energy

12  performance contractor to whom the contract is awarded provide

13  a 100-percent public construction bond to the district school

14  board, community college board of trustees, or state

15  university board of trustees for its faithful performance, as

16  required by s. 255.05.

17         (d)  The contract shall require the energy performance

18  contractor to provide to the district school board, community

19  college board of trustees, or state university board of

20  trustees an annual reconciliation of the guaranteed energy

21  cost savings. The energy performance contractor shall be

22  liable for any annual savings shortfall which may occur. In

23  the event that such reconciliation reveals an excess in annual

24  energy cost savings, such excess savings shall not be used to

25  cover potential energy cost savings shortages in subsequent

26  contract years.

27         Section 818.  Section 1013.24, Florida Statutes, is

28  created to read: 

29         1013.24  Right of eminent domain.--There is conferred

30  upon the district school boards in the state the authority and

31  right to take private property for any public school purpose


                                 1507

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  or use when, in the opinion of the school board, such property

 2  is needed in the operation of any or all of the public schools

 3  within the district, including property needed for any school

 4  purpose or use in any school district or districts within the

 5  county.  The absolute fee simple title to all property so

 6  taken and acquired shall vest in the district school board,

 7  unless the school board seeks to appropriate a particular

 8  right or estate in such property.

 9         Section 819.  Section 1013.25, Florida Statutes, is

10  created to read:

11         1013.25  When university or community college board of

12  trustees may exercise power of eminent domain.--Whenever it

13  becomes necessary for the welfare and convenience of any of

14  its institutions or divisions to acquire private property for

15  the use of such institutions, and this cannot be acquired by

16  agreement satisfactory to a university or community college

17  board of trustees and the parties interested in, or the owners

18  of, the private property, the board of trustees may exercise

19  the power of eminent domain after receiving approval therefor

20  from the State Board of Education and may then proceed to

21  condemn the property in the manner provided by chapter 73 or

22  chapter 74.

23         Section 820.  Section 1013.26, Florida Statutes, is

24  created to read:

25         1013.26  Department of Legal Affairs to represent

26  university board in condemnation proceedings.--Any suits or

27  actions brought by a university board of trustees to condemn

28  property, as provided in s. 1013.25, shall be brought in the

29  name of the university board of trustees, and the Department

30  of Legal Affairs shall conduct the proceedings for, and act as

31  the counsel of, the university board of trustees.


                                 1508

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 821.  Section 1013.27, Florida Statutes, is

 2  created to read:

 3         1013.27  Purchase of land by municipality.--Any

 4  municipality wherein a community college as defined by s.

 5  1004.65 is situated may purchase land with municipal funds and

 6  to donate and convey the land or any other land to the

 7  community college board of trustees.

 8         Section 822.  Section 1013.28, Florida Statutes, is

 9  created to read:

10         1013.28  Disposal of property.--

11         (1)  REAL PROPERTY.--Subject to rules of the State

12  Board of Education, a board may dispose of any land or real

13  property that is, by resolution of the board, determined to be

14  unnecessary for educational purposes as recommended in an

15  educational plant survey. A board shall take diligent measures

16  to dispose of educational property only in the best interests

17  of the public. However, appraisals may be obtained by the

18  board prior to or simultaneously with the receipt of bids.

19         (2)  TANGIBLE PERSONAL PROPERTY.--Tangible personal

20  property which has been properly classified as surplus by a

21  district school board or community college board of trustees

22  shall be disposed of in accordance with the procedure

23  established by chapter 274 and by a university board of

24  trustees by chapter 273.  However, the provisions of chapter

25  274 shall not be applicable to a motor vehicle used in driver

26  education to which title is obtained for a token amount from

27  an automobile dealer or manufacturer. In such cases, the

28  disposal of the vehicle shall be as prescribed in the

29  contractual agreement between the automotive agency or

30  manufacturer and the board.

31  


                                 1509

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 823.  Part III of chapter 1013, Florida

 2  Statutes, shall be entitled "Planning and Construction of

 3  Educational Facilities" and shall consist of ss.

 4  1013.30-1013.54.

 5         Section 824.  Part III.a. of chapter 1013, Florida

 6  Statutes, shall be entitled "Campus Master Plans and

 7  Educational Plant Surveys" and shall consist of ss.

 8  1013.30-1013.365.

 9         Section 825.  Section 1013.30, Florida Statutes, is

10  created to read:

11         1013.30  University campus master plans and campus

12  development agreements.--

13         (1)  This section contains provisions for campus

14  planning and concurrency management that supersede the

15  requirements of part II of chapter 163, except when stated

16  otherwise in this section. These special growth management

17  provisions are adopted in recognition of the unique

18  relationship between university campuses and the local

19  governments in which they are located. While the campuses

20  provide research and educational benefits of statewide and

21  national importance, and further provide substantial

22  educational, economic, and cultural benefits to their host

23  local governments, they may also have an adverse impact on the

24  public facilities and services and natural resources of host

25  governments. On balance, however, universities should be

26  considered as vital public facilities of the state and local

27  governments. The intent of this section is to address this

28  unique relationship by providing for the preparation of campus

29  master plans and associated campus development agreements.

30         (2)  As used in this section:

31  


                                 1510

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (a)  "Affected local government" means a unit of local

 2  government that provides public services to or is responsible

 3  for maintaining facilities within a campus of an institution

 4  or is directly affected by development that is proposed for a

 5  campus.

 6         (b)  "Affected person" means a host local government;

 7  an affected local government; any state, regional, or federal

 8  agency; or a person who resides, owns property, or owns or

 9  operates a business within the boundaries of a host local

10  government or affected local government.

11         (c)  "Host local government" means a local government

12  within the jurisdiction of which all or part of a campus of an

13  institution is located, but does not include a county if no

14  part of an institution is located within its unincorporated

15  area.

16         (d)  "Institution" means a university.

17         (3)  Each university board of trustees shall prepare

18  and adopt a campus master plan for the university.  The master

19  plan must identify general land uses and address the need for

20  and plans for provision of roads, parking, public

21  transportation, solid waste, drainage, sewer, potable water,

22  and recreation and open space during the coming 10 to 20

23  years. The plans must contain elements relating to future land

24  use, intergovernmental coordination, capital improvements,

25  recreation and open space, general infrastructure, housing,

26  and conservation. Each element must address compatibility with

27  the surrounding community. The master plan must identify

28  specific land uses, location of structures, densities and

29  intensities of use, and contain standards for onsite

30  development, site design, environmental management, and the

31  preservation of historic and archaeological resources. The


                                 1511

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  transportation element must address reasonable transportation

 2  demand management techniques to minimize offsite impacts where

 3  possible. Data and analyses on which the elements are based

 4  must include, at a minimum: the characteristics of vacant

 5  lands; projected impacts of development on onsite and offsite

 6  infrastructure, public services, and natural resources;

 7  student enrollment projections; student housing needs; and the

 8  need for academic and support facilities. Master plans must be

 9  updated at least every 5 years.

10         (4)  Campus master plans may contain additional

11  elements at the discretion of the State Board of Education;

12  however, such elements are not subject to review under this

13  section. These additional elements may include the academic

14  mission of the institution, academic program, utilities,

15  public safety, architectural design, landscape architectural

16  design, and facilities maintenance.

17         (5)  Subject to the right of the university board of

18  trustees to initiate the dispute resolution provisions of

19  subsection (8), a campus master plan must not be in conflict

20  with the comprehensive plan of the host local government and

21  the comprehensive plan of any affected local governments. A

22  campus master plan must be consistent with the state

23  comprehensive plan.

24         (6)  Before a campus master plan is adopted, a copy of

25  the draft master plan must be sent for review to the host and

26  any affected local governments, the state land planning

27  agency, the Department of Environmental Protection, the

28  Department of Transportation, the Department of State, the

29  Fish and Wildlife Conservation Commission, and the applicable

30  water management district and regional planning council. These

31  agencies must be given 90 days after receipt of the campus


                                 1512

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  master plans in which to conduct their review and provide

 2  comments to the university board of trustees. The commencement

 3  of this review period must be advertised in newspapers of

 4  general circulation within the host local government and any

 5  affected local government to allow for public comment.

 6  Following receipt and consideration of all comments, and the

 7  holding of at least two public hearings within the host

 8  jurisdiction, the university board of trustees shall adopt the

 9  campus master plan. It is the intent of the Legislature that

10  the university board of trustees comply with the notice

11  requirements set forth in s. 163.3184(15) to ensure full

12  public participation in this planning process. Campus master

13  plans developed under this section are not rules and are not

14  subject to chapter 120 except as otherwise provided in this

15  section.

16         (7)  Notice that the campus master plan has been

17  adopted must be forwarded within 45 days after its adoption to

18  any affected person that submitted comments on the draft

19  campus master plan. The notice must state how and where a copy

20  of the master plan may be obtained or inspected. Within 30

21  days after receipt of the notice of adoption of the campus

22  master plan, or 30 days after the date the adopted plan is

23  available for review, whichever is later, an affected person

24  who submitted comments on the draft master plan may petition

25  the university board of trustees, challenging the campus

26  master plan as not being in compliance with this section or

27  any rule adopted under this section. The petition must state

28  each objection, identify its source, and provide a recommended

29  action. A petition filed by an affected local government may

30  raise only those issues directly pertaining to the public

31  facilities or services that the affected local government


                                 1513

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  provides to or maintains within the campus or to the direct

 2  impact that campus development would have on the affected

 3  local government.

 4         (8)  Following receipt of a petition, the petitioning

 5  party or parties and the university board of trustees shall

 6  mediate the issues in dispute as follows:

 7         (a)  The parties have 60 days to resolve the issues in

 8  dispute. Other affected parties that submitted comments on the

 9  draft campus master plan must be given the opportunity to

10  participate in these and subsequent proceedings.

11         (b)  If resolution of the matter cannot be achieved

12  within 60 days, the issues must be submitted to the state land

13  planning agency. The state land planning agency has 60 days to

14  hold informal hearings, if necessary, identify the issues

15  remaining in dispute, prepare a record of the proceedings, and

16  submit the matter to the Administration Commission for final

17  action. The report to the Administration Commission must list

18  each issue in dispute, describe the nature and basis for each

19  dispute, identify alternative resolutions of the dispute, and

20  make recommendations.

21         (c)  After receiving the report from the state land

22  planning agency, the Administration Commission shall take

23  action to resolve the issues in dispute. In deciding upon a

24  proper resolution, the Administration Commission shall

25  consider the nature of the issues in dispute, the compliance

26  of the parties with this section, the extent of the conflict

27  between the parties, the comparative hardships, and the public

28  interest involved. If the Administration Commission

29  incorporates in its final order a term or condition that

30  specifically requires the university board of trustees or a

31  local government to amend or modify its plan, the university


                                 1514

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  board of trustees shall have a reasonable period of time to

 2  amend or modify its plan, and a local government shall

 3  initiate the required plan amendment, which shall be exempt

 4  from the requirements of s. 163.3187(1). Any required

 5  amendment to a local government comprehensive plan must be

 6  limited in scope so as to only relate to specific impacts

 7  attributable to the campus development. The final order of the

 8  Administration Commission is subject to judicial review as

 9  provided in s. 120.68.

10         (9)  An amendment to a campus master plan must be

11  reviewed and adopted under subsections (6)-(8) if such

12  amendment, alone or in conjunction with other amendments,

13  would:

14         (a)  Increase density or intensity of use of land on

15  the campus by more than 10 percent;

16         (b)  Decrease the amount of natural areas, open space,

17  or buffers on the campus by more than 10 percent; or

18         (c)  Rearrange land uses in a manner that will increase

19  the impact of any proposed campus development by more than 10

20  percent on a road or on another public facility or service

21  provided or maintained by the state, the county, the host

22  local government, or any affected local government.

23         (10)  Upon adoption of a campus master plan, the

24  university board of trustees shall draft a proposed campus

25  development agreement for each local government and send it to

26  the local government within 270 days after the adoption of the

27  relevant campus master plan.

28         (11)  At a minimum, each campus development agreement:

29         (a)  Must identify the geographic area of the campus

30  and local government covered by the campus development

31  agreement.


                                 1515

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  Must establish its duration, which must be at

 2  least 5 years and not more than 10 years.

 3         (c)  Must address public facilities and services

 4  including roads, sanitary sewer, solid waste, drainage,

 5  potable water, parks and recreation, and public

 6  transportation.

 7         (d)  Must, for each of the facilities and services

 8  listed in paragraph (c), identify the level-of-service

 9  standard established by the applicable local government,

10  identify the entity that will provide the service to the

11  campus, and describe any financial arrangements between the

12  State Board of Education and other entities relating to the

13  provision of the facility or service.

14         (e)  Must, for each of the facilities and services

15  listed in paragraph (c), determine the impact of existing and

16  proposed campus development reasonably expected over the term

17  of the campus development agreement on each service or

18  facility and any deficiencies in such service or facility

19  which the proposed campus development will create or to which

20  it will contribute.

21         (f)  May, if proposed by the university board of

22  trustees, address the issues prescribed in paragraphs (d) and

23  (e) with regard to additional facilities and services,

24  including, but not limited to, electricity, nonpotable water,

25  law enforcement, fire and emergency rescue, gas, and

26  telephone.

27         (g)  Must, to the extent it addresses issues addressed

28  in the campus master plan and host local government

29  comprehensive plan, be consistent with the adopted campus

30  master plan and host local government comprehensive plan.

31  


                                 1516

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (12)(a)  Each proposed campus development agreement

 2  must clearly identify the lands to which the university board

 3  of trustees intends the campus development agreement to apply.

 4         (b)  Such land may include:

 5         1.  Land to be purchased by the university board of

 6  trustees and if purchased with state appropriated funds titled

 7  in the name of the board of trustees of the Internal

 8  Improvement Trust Fund for use by an institution over the life

 9  of the campus development agreement.

10         2.  Land not owned by the board of trustees of the

11  Internal Improvement Trust Fund if the university board of

12  trustees intends to undertake development activities on the

13  land during the term of the campus development agreement.

14         (c)  Land owned by the Board of Trustees of the

15  Internal Improvement Trust Fund for lease to the State Board

16  of Education acting on behalf of the institution may be

17  excluded, but any development activity undertaken on excluded

18  land is subject to part II of chapter 163.

19         (13)  With regard to the impact of campus development

20  on the facilities and services listed in paragraph (11)(c),

21  the following applies:

22         (a)  All improvements to facilities or services which

23  are necessary to eliminate the deficiencies identified in

24  paragraph (11)(e) must be specifically listed in the campus

25  development agreement.

26         (b)  The university board of trustees' fair share of

27  the cost of the measures identified in paragraph (a) must be

28  stated in the campus development agreement. In determining the

29  fair share, the effect of any demand management techniques,

30  which may include such techniques as flexible work hours and

31  


                                 1517

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  carpooling, that are used by the State Board of Education to

 2  minimize the offsite impacts shall be considered.

 3         (c)  The university board of trustees is responsible

 4  for paying the fair share identified in paragraph (b), and it

 5  may do so by:

 6         1.  Paying a fair share of each of the improvements

 7  identified in paragraph (a); or

 8         2.  Taking on full responsibility for the improvements,

 9  selected from the list of improvements identified in paragraph

10  (a), and agreed to between the host local government and the

11  State Board of Education, the total cost of which equals the

12  contribution identified in paragraph (b).

13         (d)  All concurrency management responsibilities of the

14  university board of trustees are fulfilled if the university

15  board of trustees expends the total amount of funds identified

16  in paragraph (b) notwithstanding that the university board of

17  trustees may not have undertaken or made contributions to some

18  of the measures identified in paragraph (a).

19         (e)  Capital projects included in the campus

20  development agreement may be used by the local government for

21  the concurrency management purposes.

22         (f)  Funds provided by universities in accordance with

23  campus development agreements are subject to appropriation by

24  the Legislature. A development authorized by a campus

25  development agreement may not be built until the funds to be

26  provided pursuant to paragraph (b) are appropriated by the

27  Legislature.

28         (14)  A campus development agreement may not address or

29  include any standards or requirements for onsite development,

30  including environmental management requirements or

31  requirements for site preparation.


                                 1518

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (15)  Once the university board of trustees and host

 2  local government agree on the provisions of the campus

 3  development agreement, the campus development agreement shall

 4  be executed by the university board of trustees and the host

 5  local government in a manner consistent with the requirements

 6  of s. 163.3225. Once the campus development agreement is

 7  executed, it is binding upon the university board of trustees

 8  and host local government. A copy of the executed campus

 9  development agreement must be sent to the state land planning

10  agency within 14 days after the date of execution.

11         (16)  If, within 180 days following the host local

12  government's receipt of the proposed campus development

13  agreement, the university board of trustees and host local

14  government cannot reach agreement on the provisions of the

15  campus development agreement, the following procedures for

16  resolving the matter must be followed:

17         (a)  The matter must be submitted to the state land

18  planning agency, which has 60 days to hold informal hearings,

19  if necessary, and identify the issues remaining in dispute,

20  prepare a record of the proceedings, and submit the matter to

21  the Administration Commission for final action. The report to

22  the Administration Commission must list each issue in dispute,

23  describe the nature and basis for each dispute, identify

24  alternative resolutions of each dispute, and make

25  recommendations.

26         (b)  After receiving the report from the state land

27  planning agency, the Administration Commission shall take

28  action to resolve the issues in dispute. In deciding upon a

29  proper resolution, the Administration Commission shall

30  consider the nature of the issues in dispute, the compliance

31  of the parties with this section, the extent of the conflict


                                 1519

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  between the parties, the comparative hardships, and the public

 2  interest involved. In resolving the matter, the Administration

 3  Commission may prescribe, by order, the contents of the campus

 4  development agreement.

 5         (17)  Disputes that arise in the implementation of an

 6  executed campus development agreement must be resolved as

 7  follows:

 8         (a)  Each party shall select one mediator and notify

 9  the other in writing of the selection. Thereafter, within 15

10  days after their selection, the two mediators selected by the

11  parties shall select a neutral, third mediator to complete the

12  mediation panel.

13         (b)  Each party is responsible for all costs and fees

14  payable to the mediator selected by it and shall equally bear

15  responsibility for the costs and fees payable to the third

16  mediator for services rendered and costs expended in

17  connection with resolving disputes pursuant to the campus

18  development agreement.

19         (c)  Within 10 days after the selection of the

20  mediation panel, proceedings must be convened by the panel to

21  resolve the issues in dispute.

22         (d)  Within 60 days after the convening of the panel,

23  the panel shall issue a report containing a recommended

24  resolution of the issues in dispute.

25         (e)  If either the university board of trustees or

26  local government rejects the recommended resolution of the

27  issues in dispute, the disputed issues must be resolved

28  pursuant to the procedures provided by subsection (16).

29         (18)  Once the campus development agreement is

30  executed, all campus development may proceed without further

31  review by the host local government if it is consistent with


                                 1520

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the adopted campus master plan and associated campus

 2  development agreement.

 3         (19)  A campus development agreement may be amended

 4  under subsections (10)-(16):

 5         (a)  In conjunction with any amendment to the campus

 6  master plan subject to the requirements in subsection (9).

 7         (b)  If either party delays by more than 12 months the

 8  construction of a capital improvement identified in the

 9  agreement.

10         (20)  Any party to a campus development agreement or

11  aggrieved or adversely affected person, as defined in s.

12  163.3215(2), may file an action for injunctive relief in the

13  circuit court where the host local government is located to

14  enforce the terms of a campus development agreement or to

15  challenge compliance of the agreement with this section. This

16  action shall be the sole and exclusive remedy of an adversely

17  affected person other than a party to the agreement to enforce

18  any rights or obligations arising from a development

19  agreement.

20         (21)  State and regional environmental program

21  requirements remain applicable, except that this section

22  supersedes all other sections of part II of chapter 163 and s.

23  380.06 except as provided in this section.

24         (22)  In consultation with the state land planning

25  agency, the State Board of Education shall adopt rules

26  implementing subsections (3)-(6). The rules must set specific

27  schedules and procedures for the development and adoption of

28  campus master plans.

29         (23)  Until the campus master plan and campus

30  development agreement for an institution have been finalized,

31  any dispute between the university board of trustees and a


                                 1521

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  local government relating to campus development for that

 2  institution shall be resolved by the process established in

 3  subsection (8).

 4         Section 826.  Section 1013.31, Florida Statutes, is

 5  created to read:

 6         1013.31  Educational plant survey; localized need

 7  assessment; PECO project funding.--

 8         (1)  At least every 5 years, each board shall arrange

 9  for an educational plant survey, to aid in formulating plans

10  for housing the educational program and student population,

11  faculty, administrators, staff, and auxiliary and ancillary

12  services of the district or campus, including consideration of

13  the local comprehensive plan. The Office of Workforce and

14  Economic Development shall document the need for additional

15  career and adult education programs and the continuation of

16  existing programs before facility construction or renovation

17  related to career or adult education may be included in the

18  educational plant survey of a school district or community

19  college that delivers career or adult education programs.

20  Information used by the Office of Workforce and Economic

21  Development to establish facility needs must include, but need

22  not be limited to, labor market data, needs analysis, and

23  information submitted by the school district or community

24  college.

25         (a)  Survey preparation and required data.--Each survey

26  shall be conducted by the board or an agency employed by the

27  board. Surveys shall be reviewed and approved by the board,

28  and a file copy shall be submitted to the commissioner. The

29  survey report shall include at least an inventory of existing

30  educational and ancillary plants; recommendations for existing

31  educational and ancillary plants; recommendations for new


                                 1522

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  educational or ancillary plants, including the general

 2  location of each in coordination with the land use plan;

 3  campus master plan update and detail for community colleges;

 4  the utilization of school plants based on an extended school

 5  day or year-round operation; and such other information as may

 6  be required by the rules of the State Board of Education. This

 7  report may be amended, if conditions warrant, at the request

 8  of the board or commissioner.

 9         (b)  Required need assessment criteria for district,

10  community college, and state university plant surveys.--Each

11  educational plant survey completed must use uniform data

12  sources and criteria specified in this paragraph. Each revised

13  educational plant survey and each new educational plant survey

14  supersedes previous surveys.

15         1.  Each school district's educational plant survey

16  must reflect the capacity of existing satisfactory facilities

17  as reported in the Florida Inventory of School Houses.

18  Projections of facility space needs may not exceed the norm

19  space and occupant design criteria established by the State

20  Requirements for Educational Facilities. Existing and

21  projected capital outlay full-time equivalent student

22  enrollment must be consistent with data prepared by the

23  department and must include all enrollment used in the

24  calculation of the distribution formula in s. 1013.64(3). To

25  insure that the data reported to the Department of Education

26  as required by this section is correct, the department shall

27  annually conduct an onsite review of 5 percent of the

28  facilities reported for each school district completing a new

29  survey that year. If the department's review finds the data

30  reported by a district is less than 95 percent accurate,

31  within one year from the time of notification by the


                                 1523

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  department the district must submit revised reports correcting

 2  its data. If a district fails to correct its reports, the

 3  commissioner may direct that future fixed capital outlay funds

 4  be withheld until such time as the district has corrected its

 5  reports so that they are not less than 95 percent accurate.

 6  All satisfactory relocatable classrooms, including those

 7  owned, lease-purchased, or leased by the school district,

 8  shall be included in the school district inventory of gross

 9  capacity of facilities and must be counted at actual student

10  capacity for purposes of the inventory. For future needs

11  determination, student capacity shall not be assigned to any

12  relocatable classroom that is scheduled for elimination or

13  replacement with a permanent educational facility in the

14  adopted 5-year educational plant survey and in the district

15  facilities work program adopted under s. 1013.35. Those

16  relocatables clearly identified and scheduled for replacement

17  in a school board adopted financially feasible 5-year district

18  facilities work program shall be counted at zero capacity at

19  the time the work program is adopted and approved by the

20  school board. However, if the district facilities work program

21  is changed or altered and the relocatables are not replaced as

22  scheduled in the work program, they must then be reentered

23  into the system for counting at actual capacity. Relocatables

24  may not be perpetually added to the work program and

25  continually extended for purposes of circumventing the intent

26  of this section. All remaining relocatable classrooms,

27  including those owned, lease-purchased, or leased by the

28  school district, shall be counted at actual student capacity.

29  The educational plant survey shall identify the number of

30  relocatable student stations scheduled for replacement during

31  the 5-year survey period and the total dollar amount needed


                                 1524

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  for that replacement. All district educational plant surveys

 2  shall include information on leased space used for conducting

 3  the district's instructional program, in accordance with the

 4  recommendations of the department's report authorized in s.

 5  1013.15. A definition of satisfactory relocatable classrooms

 6  shall be established by rule of the State Board of Education.

 7         2.  Each survey of a special facility, joint-use

 8  facility, or cooperative career and technical education

 9  facility must be based on capital outlay full-time equivalent

10  student enrollment data prepared by the department for school

11  districts, community colleges, and universities. A survey of

12  space needs of a joint-use facility shall be based upon the

13  respective space needs of the school districts, community

14  colleges, and universities, as appropriate. Projections of a

15  school district's facility space needs may not exceed the norm

16  space and occupant design criteria established by the State

17  Requirements for Educational Facilities.

18         3.  Each community college's survey must reflect the

19  capacity of existing facilities as specified in the inventory

20  maintained by the Department of Education.  Projections of

21  facility space needs must comply with standards for

22  determining space needs as specified by rule of the State

23  Board of Education. The 5-year projection of capital outlay

24  student enrollment must be consistent with the annual report

25  of capital outlay full-time student enrollment prepared by the

26  Department of Education.

27         4.  Each state university's survey must reflect the

28  capacity of existing facilities as specified in the inventory

29  maintained and validated by the Department of Education.

30  Projections of facility space needs must be consistent with

31  standards for determining space needs approved by the


                                 1525

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Department of Education. The projected capital outlay

 2  full-time equivalent student enrollment must be consistent

 3  with the 5-year planned enrollment cycle for the State

 4  University System approved by the Department of Education.

 5         5.  The educational plant survey of a school district,

 6  community college, or state university may include space needs

 7  that deviate from approved standards for determining space

 8  needs if the deviation is justified by the district or

 9  institution and approved by the department as necessary for

10  the delivery of an approved educational program.

11         (c)  Review and validation.--The department shall

12  review and validate the surveys of school districts, community

13  colleges, and universities, and any amendments thereto for

14  compliance with the requirements of this chapter and, when

15  required by the State Constitution, shall recommend those in

16  compliance for approval by the State Board of Education.

17  Annually, the department shall perform an in-depth analysis of

18  a representative sample of each survey of recommended needs

19  for five districts selected by the commissioner from among

20  districts with the largest need-to-revenue ratio. For the

21  purpose of this subsection, the need-to-revenue ratio is

22  determined by dividing the total 5-year cost of projects

23  listed on the district survey by the total 5-year fixed

24  capital outlay revenue projections from state and local

25  sources as determined by the department. The commissioner may

26  direct fixed capital outlay funds to be withheld from

27  districts until such time as the survey accurately projects

28  facilities needs.

29         (2)  Only the district school superintendent, community

30  college president, or university president shall certify to

31  


                                 1526

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the department a project's compliance with the requirements

 2  for expenditure of PECO funds prior to release of funds.

 3         (a)  Upon request for release of PECO funds for

 4  planning purposes, certification must be made to the

 5  department that the need and location of the facility are in

 6  compliance with the board-approved survey recommendations and

 7  that the project meets the definition of a PECO project and

 8  the limiting criteria for expenditures of PECO funding.

 9         (b)  Upon request for release of construction funds,

10  certification must be made to the department that the need and

11  location of the facility are in compliance with the

12  board-approved survey recommendations, that the project meets

13  the definition of a PECO project and the limiting criteria for

14  expenditures of PECO funding, and that the construction

15  documents meet the requirements of the Florida Building Code

16  for educational facilities construction or other applicable

17  codes as authorized in this chapter.

18         Section 827.  Section 1013.32, Florida Statutes, is

19  created to read:

20         1013.32  Exception to recommendations in educational

21  plant survey.--An exception to the recommendations in the

22  educational plant survey may be allowed if a board considers

23  that it will be advantageous to the welfare of the educational

24  system or that it will make possible a substantial saving of

25  funds. A board, upon determining that an exception is

26  warranted, must present a full statement, in writing, setting

27  forth all the facts to the Commissioner of Education.

28         Section 828.  Section 1013.33, Florida Statutes, is

29  created to read:

30         1013.33  Coordination of planning with local governing

31  bodies.--


                                 1527

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (1)  It is the policy of this state to require the

 2  coordination of planning between boards and local governing

 3  bodies to ensure that plans for the construction and opening

 4  of public educational facilities are facilitated and

 5  coordinated in time and place with plans for residential

 6  development, concurrently with other necessary services. Such

 7  planning shall include the integration of the educational

 8  plant survey and applicable policies and procedures of a board

 9  with the local comprehensive plan and land development

10  regulations of local governing bodies. The planning must

11  include the consideration of allowing students to attend the

12  school located nearest their homes when a new housing

13  development is constructed near a county boundary and it is

14  more feasible to transport the students a short distance to an

15  existing facility in an adjacent county than to construct a

16  new facility or transport students longer distances in their

17  county of residence. The planning must also consider the

18  effects of the location of public education facilities,

19  including the feasibility of keeping central city facilities

20  viable, in order to encourage central city redevelopment and

21  the efficient use of infrastructure and to discourage

22  uncontrolled urban sprawl.

23         (2)  A board and the local governing body must share

24  and coordinate information related to existing and planned

25  school facilities; proposals for development, redevelopment,

26  or additional development; and infrastructure required to

27  support the school facilities, concurrent with proposed

28  development. A school board shall use Department of Education

29  enrollment projections when preparing the 5-year district

30  facilities work program pursuant to s. 1013.35, and a school

31  board shall affirmatively demonstrate in the educational


                                 1528

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  facilities report consideration of local governments'

 2  population projections to ensure that the 5-year work program

 3  not only reflects enrollment projections but also considers

 4  applicable municipal and county growth and development

 5  projections. A school board is precluded from siting a new

 6  school in a jurisdiction where the school board has failed to

 7  provide the annual educational facilities report for the prior

 8  year required pursuant to s. 1013.34 unless the failure is

 9  corrected.

10         (3)  The location of educational facilities shall be

11  consistent with the comprehensive plan of the appropriate

12  local governing body developed under part II of chapter 163

13  and the plan's implementing land development regulations, to

14  the extent that the regulations are not in conflict with or

15  the subject regulated is not specifically addressed by this

16  chapter or the state requirements for educational facilities,

17  unless mutually agreed by the local government and the board.

18         (4)  To improve coordination relative to potential

19  educational facility sites, a board shall provide written

20  notice to the local government that has regulatory authority

21  over the use of the land at least 60 days prior to acquiring

22  or leasing property that may be used for a new public

23  educational facility. The local government, upon receipt of

24  this notice, shall notify the board within 45 days if the site

25  proposed for acquisition or lease is consistent with the land

26  use categories and policies of the local government's

27  comprehensive plan. This preliminary notice does not

28  constitute the local government's determination of consistency

29  pursuant to subsection (5).

30         (5)  As early in the design phase as feasible, but at

31  least before commencing construction of a new public


                                 1529

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  educational facility, the local governing body that regulates

 2  the use of land shall determine, in writing within 90 days

 3  after receiving the necessary information and a school board's

 4  request for a determination, whether a proposed educational

 5  facility is consistent with the local comprehensive plan and

 6  local land development regulations, to the extent that the

 7  regulations are not in conflict with or the subject regulated

 8  is not specifically addressed by this chapter or the Florida

 9  Building Code for educational facilities and construction,

10  unless mutually agreed. If the determination is affirmative,

11  school construction may proceed and further local government

12  approvals are not required, except as provided in this

13  section. Failure of the local governing body to make a

14  determination in writing within 90 days after a district

15  school board's request for a determination of consistency

16  shall be considered an approval of the district school board's

17  application. Campus master plans and development agreements

18  must comply with the provisions of ss. 1013.30 and 1013.63.

19         (6)  A local governing body may not deny the site

20  applicant based on adequacy of the site plan as it relates

21  solely to the needs of the school. If the site is consistent

22  with the comprehensive plan's future land use policies and

23  categories in which public schools are identified as allowable

24  uses, the local government may not deny the application but it

25  may impose reasonable development standards and conditions in

26  accordance with s. 1013.51(1) and consider the site plan and

27  its adequacy as it relates to environmental concerns, health,

28  safety and welfare, and effects on adjacent property.

29  Standards and conditions may not be imposed which conflict

30  with those established in this chapter or the State Uniform

31  Building Code, unless mutually agreed.


                                 1530

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (7)  This section does not prohibit a local governing

 2  body and district school board from agreeing and establishing

 3  an alternative process for reviewing a proposed educational

 4  facility and site plan, and offsite impacts.

 5         (8)  Existing schools shall be considered consistent

 6  with the applicable local government comprehensive plan

 7  adopted under part II of chapter 163. The collocation of a new

 8  proposed public educational facility with an existing public

 9  educational facility, or the expansion of an existing public

10  educational facility is not inconsistent with the local

11  comprehensive plan, if the site is consistent with the

12  comprehensive plan's future land use policies and categories

13  in which public schools are identified as allowable uses, and

14  levels of service adopted by the local government for any

15  facilities affected by the proposed location for the new

16  facility are maintained. If a board submits an application to

17  expand an existing school site, the local governing body may

18  impose reasonable development standards and conditions on the

19  expansion only, and in a manner consistent with s. 1013.51(1).

20  Standards and conditions may not be imposed which conflict

21  with those established in this chapter or the State Uniform

22  Building Code, unless mutually agreed. Local government review

23  or approval is not required for:

24         (a)  The placement of temporary or portable classroom

25  facilities; or

26         (b)  Proposed renovation or construction on existing

27  school sites, with the exception of construction that changes

28  the primary use of a facility, includes stadiums, or results

29  in a greater than 5 percent increase in student capacity, or

30  as mutually agreed.

31  


                                 1531

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 829.  Section 1013.34, Florida Statutes, is

 2  created to read:

 3         1013.34  General educational facilities report.--

 4         (1)  It is the policy of the state to foster

 5  coordination between district school boards and the local

 6  general-purpose governments as those local general-purpose

 7  governments develop and implement plans under the Local

 8  Government Comprehensive Planning and Land Development

 9  Regulation Act, part II of chapter 163.

10         (2)  Each district school board shall submit annually

11  on October 1 to each local government within the school

12  board's jurisdiction a general educational facilities report.

13  The general educational facilities report must contain

14  information detailing existing educational facilities and

15  their locations and projected needs. The report must also

16  contain the board's capital improvement plan, including

17  planned facilities with funding over the next 3 years, and the

18  educational facilities representing the district's unmet need.

19  The school board shall also provide a copy of its educational

20  plan survey to each local government at least once every 5

21  years.

22         Section 830.  Section 1013.35, Florida Statutes, is

23  created to read:

24         1013.35  School district facilities work program;

25  definitions; preparation, adoption, and amendment; long-term

26  work programs.--

27         (1)  DEFINITIONS.--As used in this section, the term:

28         (a)  "Adopted district facilities work program" means

29  the 5-year work program adopted by the district school board

30  as provided in subsection (3).

31  


                                 1532

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  "Tentative district facilities work program" means

 2  the 5-year listing of capital outlay projects required:

 3         1.  To properly maintain the educational plant and

 4  ancillary facilities of the district.

 5         2.  To provide an adequate number of satisfactory

 6  student stations for the projected student enrollment of the

 7  district in K-12 programs in accordance with the goal in s.

 8  1013.21.

 9         (2)  PREPARATION OF TENTATIVE DISTRICT FACILITIES WORK

10  PROGRAM.--

11         (a)  Annually, prior to the adoption of the district

12  school budget, each district school board shall prepare a

13  tentative district facilities work program that includes:

14         1.  A schedule of major repair and renovation projects

15  necessary to maintain the educational plant and ancillary

16  facilities of the district.

17         2.  A schedule of capital outlay projects necessary to

18  ensure the availability of satisfactory student stations for

19  the projected student enrollment in K-12 programs. This

20  schedule shall consider:

21         a.  The locations, capacities, and planned utilization

22  rates of current educational facilities of the district.

23         b.  The proposed locations of planned facilities.

24         c.  Plans for the use and location of relocatable

25  facilities, leased facilities, and charter school facilities.

26         d.  Plans for multitrack scheduling, grade level

27  organization, block scheduling, or other alternatives that

28  reduce the need for permanent student stations.

29         e.  Information concerning average class size and

30  utilization rate by grade level within the district that will

31  result if the tentative district facilities work program is


                                 1533

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  fully implemented. The average shall not include exceptional

 2  student education classes or prekindergarten classes.

 3         f.  The number and percentage of district students

 4  planned to be educated in relocatable facilities during each

 5  year of the tentative district facilities work program.

 6         g.  Plans for the closure of any school, including

 7  plans for disposition of the facility or usage of facility

 8  space, and anticipated revenues.

 9         3.  The projected cost for each project identified in

10  the tentative district facilities work program. For proposed

11  projects for new student stations, a schedule shall be

12  prepared comparing the planned cost and square footage for

13  each new student station, by elementary, middle, and high

14  school levels, to the low, average, and high cost of

15  facilities constructed throughout the state during the most

16  recent fiscal year for which data is available from the

17  Department of Education.

18         4.  A schedule of estimated capital outlay revenues

19  from each currently approved source which is estimated to be

20  available for expenditure on the projects included in the

21  tentative district facilities work program.

22         5.  A schedule indicating which projects included in

23  the tentative district facilities work program will be funded

24  from current revenues projected in subparagraph 4.

25         6.  A schedule of options for the generation of

26  additional revenues by the district for expenditure on

27  projects identified in the tentative district facilities work

28  program which are not funded under subparagraph 5. Additional

29  anticipated revenues may include effort index grants, SIT

30  Program awards, and Classrooms First funds.

31  


                                 1534

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  To the extent available, the tentative district

 2  facilities work program shall be based on information produced

 3  by the demographic, revenue, and education estimating

 4  conferences pursuant to s. 216.136.

 5         (c)  Provision shall be made for public comment

 6  concerning the tentative district facilities work program.

 7         (3)  ADOPTED DISTRICT FACILITIES WORK

 8  PROGRAM.--Annually, the district school board shall consider

 9  and adopt the tentative district facilities work program

10  completed pursuant to subsection (2). Upon giving proper

11  public notice and opportunity for public comment, the district

12  school board may amend the program to revise the priority of

13  projects, to add or delete projects, to reflect the impact of

14  change orders, or to reflect the approval of new revenue

15  sources which may become available. The adopted district

16  facilities work program shall:

17         (a)  Be a complete, balanced capital outlay financial

18  plan for the district.

19         (b)  Set forth the proposed commitments and planned

20  expenditures of the district to address the educational

21  facilities needs of its students and to adequately provide for

22  the maintenance of the educational plant and ancillary

23  facilities.

24         (4)  EXECUTION OF ADOPTED DISTRICT FACILITIES WORK

25  PROGRAM.--The first year of the adopted district facilities

26  work program shall constitute the capital outlay budget

27  required in s. 1013.61. The adopted district facilities work

28  program shall include the information required in

29  subparagraphs (2)(a)1., 2., and 3., based upon projects

30  actually funded in the program.

31  


                                 1535

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (5)  10-YEAR AND 20-YEAR WORK PROGRAMS.--In addition to

 2  the adopted district facilities work program covering the

 3  5-year work program, the district school board shall adopt

 4  annually a 10-year and a 20-year work program which include

 5  the information set forth in subsection (2), but based upon

 6  enrollment projections and facility needs for the 10-year and

 7  20-year periods. It is recognized that the projections in the

 8  10-year and 20-year timeframes are tentative and should be

 9  used only for general planning purposes.

10         Section 831.  Section 1013.36, Florida Statutes, is

11  created to read:

12         1013.36  Site planning and selection.--

13         (1)  Before acquiring property for sites, each district

14  school board and community college board of trustees shall

15  determine the location of proposed educational centers or

16  campuses. In making this determination, the board shall

17  consider existing and anticipated site needs and the most

18  economical and practicable locations of sites. The board shall

19  coordinate with the long-range or comprehensive plans of

20  local, regional, and state governmental agencies to assure the

21  compatibility of such plans with site planning. Boards are

22  encouraged to locate educational facilities proximate to urban

23  residential areas to the extent possible, and shall seek to

24  collocate educational facilities with other public facilities,

25  such as parks, libraries, and community centers, to the extent

26  possible.

27         (2)  Each new site selected must be adequate in size to

28  meet the educational needs of the students to be served on

29  that site by the original educational facility or future

30  expansions of the facility through renovation or the addition

31  of relocatables. The State Board of Education shall prescribe


                                 1536

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  by rule recommended sizes for new sites according to

 2  categories of students to be housed and other appropriate

 3  factors determined by the state board. Less-than-recommended

 4  site sizes are allowed if the board recommends such a site and

 5  finds that it can provide an appropriate and equitable

 6  educational program on the site.

 7         (3)  Sites recommended for purchase or purchased must

 8  meet standards prescribed in law and such supplementary

 9  standards as the State Board of Education prescribes to

10  promote the educational interests of the students. Each site

11  must be well drained and suitable for outdoor educational

12  purposes as appropriate for the educational program. As

13  provided in s. 333.03, the site must not be located within any

14  path of flight approach of any airport. Insofar as is

15  practicable, the site must not adjoin a right-of-way of any

16  railroad or through highway and must not be adjacent to any

17  factory or other property from which noise, odors, or other

18  disturbances, or at which conditions, would be likely to

19  interfere with the educational program.

20         (4)  It shall be the responsibility of the board to

21  provide adequate notice to appropriate municipal, county,

22  regional, and state governmental agencies for requested

23  traffic control and safety devices so they can be installed

24  and operating prior to the first day of classes or to satisfy

25  itself that every reasonable effort has been made in

26  sufficient time to secure the installation and operation of

27  such necessary devices prior to the first day of classes. It

28  shall also be the responsibility of the board to review

29  annually traffic control and safety device needs and to

30  request all necessary changes indicated by such review.

31  


                                 1537

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (5)  Each board may request county and municipal

 2  governments to construct and maintain sidewalks and bicycle

 3  trails within a 2-mile radius of each educational facility

 4  within the jurisdiction of the local government. When a board

 5  discovers or is aware of an existing hazard on or near a

 6  public sidewalk, street, or highway within a 2-mile radius of

 7  a school site and the hazard endangers the life or threatens

 8  the health or safety of students who walk, ride bicycles, or

 9  are transported regularly between their homes and the school

10  in which they are enrolled, the board shall, within 24 hours

11  after discovering or becoming aware of the hazard, excluding

12  Saturdays, Sundays, and legal holidays, report such hazard to

13  the governmental entity within the jurisdiction of which the

14  hazard is located. Within 5 days after receiving notification

15  by the board, excluding Saturdays, Sundays, and legal

16  holidays, the governmental entity shall investigate the

17  hazardous condition and either correct it or provide such

18  precautions as are practicable to safeguard students until the

19  hazard can be permanently corrected. However, if the

20  governmental entity that has jurisdiction determines upon

21  investigation that it is impracticable to correct the hazard,

22  or if the entity determines that the reported condition does

23  not endanger the life or threaten the health or safety of

24  students, the entity shall, within 5 days after notification

25  by the board, excluding Saturdays, Sundays, and legal

26  holidays, inform the board in writing of its reasons for not

27  correcting the condition. The governmental entity, to the

28  extent allowed by law, shall indemnify the board from any

29  liability with respect to accidents or injuries, if any,

30  arising out of the hazardous condition.

31  


                                 1538

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 832.  Section 1013.365, Florida Statutes, is

 2  created to read:

 3         1013.365  Schools on contaminated site prohibited.--

 4         (1)  DEFINITIONS.--For purposes of this section, the

 5  following terms shall have the same meaning as provided in the

 6  definitions in s. 376.301:  "contaminant," "contaminated

 7  site," "discharge," "engineering controls," "hazardous

 8  substances," "institutional controls," "pollutants," and "site

 9  rehabilitation."

10         (2)  LEGISLATIVE INTENT.--The Legislature finds:

11         (a)  Steps should be taken to eliminate or reduce the

12  risk to student health posed by attendance at K-12 schools

13  located on or adjacent to a contaminated site.

14         (b)  District school boards have a duty and a

15  responsibility to ensure the safety of school children while

16  attending K-12 schools and engaging in extracurricular

17  activities on school properties.

18         (c)  Ensuring student safety includes preventing,

19  eliminating, or reducing exposure to contaminants that may

20  exist at or adjacent to K-12 school properties.

21         (3)  K-12 SCHOOL SITING LIMITATIONS; PROHIBITIONS.--No

22  K-12 school shall be built on or adjacent to a known

23  contaminated site unless steps have been taken to ensure that

24  children attending the school or playing on school property

25  will not be exposed to contaminants in the air, water, or soil

26  at levels that present a threat to human health or the

27  environment.

28         (4)  DUTIES OF DISTRICT SCHOOL BOARD.--Before taking

29  title to real property upon which a K-12 school may be built

30  or initiating action to locate a K-12 school on real property

31  already owned by the school district, the district school


                                 1539

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  board shall conduct appropriate due diligence including all

 2  appropriate inquiry into the previous ownership and use of the

 3  property consistent with good commercial or customary practice

 4  in an effort to determine the existence of any potential air,

 5  water, or soil contamination that may exist on or adjacent to

 6  the proposed K-12 school site.  The district school board is

 7  encouraged to contact the Department of Environmental

 8  Protection to obtain any information about contaminated sites

 9  on or adjacent to a proposed K-12 school site.  Any evidence

10  of a discharge of pollutants or hazardous substances on or

11  adjacent to a proposed K-12 school site shall prompt the

12  district school board to conduct further investigation using

13  at least a Phase II Environmental Audit, in accordance with

14  standards established by the American Society for Testing and

15  Materials (ASTM), that includes air, water, and soil sampling.

16  If the results of the environmental audit confirm the presence

17  of contaminants or pollution on or adjacent to the proposed

18  K-12 school site at concentrations that pose a threat to human

19  health or the environment, then the district school board

20  shall conduct appropriate site rehabilitation in accordance

21  with the provisions of subsection (5) before initiating K-12

22  school construction at the site.

23         (5)  CORRECTIVE ACTION.--The Department of

24  Environmental Protection may use risk-based corrective action

25  cleanup criteria as described in ss. 376.3071, 376.3078, and

26  376.81, and in Chapter 62-777, F.A.C., in reviewing and

27  approving site rehabilitation conducted by district school

28  boards pursuant to this section.

29         Section 833.  Part III.b. of chapter 1013, Florida

30  Statutes, shall be entitled "Building Codes and Construction

31  


                                 1540

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  for Educational Facilities" and shall consist of ss.

 2  1013.37-1013.45.

 3         Section 834.  Section 1013.37, Florida Statutes, is

 4  created to read:

 5         1013.37  State uniform building code for public

 6  educational facilities construction.--

 7         (1)  UNIFORM BUILDING CODE.--A uniform statewide

 8  building code for the planning and construction of public

 9  educational and ancillary plants by district school boards and

10  community college district boards of trustees shall be adopted

11  by the Florida Building Commission within the Florida Building

12  Code, pursuant to s. 553.73. Included in this code must be

13  flood plain management criteria in compliance with the rules

14  and regulations in 44 C.F.R. parts 59 and 60, and subsequent

15  revisions thereto which are adopted by the Federal Emergency

16  Management Agency. It is also the responsibility of the

17  department to develop, as a part of the uniform building code,

18  standards relating to:

19         (a)  Prefabricated facilities or factory-built

20  facilities that are designed to be portable, relocatable,

21  demountable, or reconstructible; are used primarily as

22  classrooms; and do not fall under the provisions of ss.

23  320.822-320.862. Such standards must permit boards to contract

24  with the Department of Community Affairs for factory

25  inspections by certified building code inspectors to certify

26  conformance with applicable law and rules. The standards must

27  comply with the requirements of s. 1013.20 for relocatable

28  facilities intended for long-term use as classroom space, and

29  the relocatable facilities shall be designed subject to

30  missile impact criteria of s. 423(24)(d)(1) of the Florida

31  Building Code when located in the windborne debris region.


                                 1541

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  The sanitation of educational and ancillary plants

 2  and the health of occupants of educational and ancillary

 3  plants.

 4         (c)  The safety of occupants of educational and

 5  ancillary plants as provided in s. 1013.12, except that the

 6  firesafety criteria shall be established by the State Fire

 7  Marshal in cooperation with the Florida Building Commission

 8  and the department and such firesafety requirements must be

 9  incorporated into the Florida Fire Prevention Code.

10         (d)  Accessibility for children, notwithstanding the

11  provisions of s. 553.512.

12         (e)  The performance of life-cycle cost analyses on

13  alternative architectural and engineering designs to evaluate

14  their energy efficiencies.

15         1.  The life-cycle cost analysis must consist of the

16  sum of:

17         a.  The reasonably expected fuel costs over the life of

18  the building which are required to maintain illumination,

19  water heating, temperature, humidity, ventilation, and all

20  other energy-consuming equipment in a facility; and

21         b.  The reasonable costs of probable maintenance,

22  including labor and materials, and operation of the building.

23         2.  For computation of the life-cycle costs, the

24  department shall develop standards that must include, but need

25  not be limited to:

26         a.  The orientation and integration of the facility

27  with respect to its physical site.

28         b.  The amount and type of glass employed in the

29  facility and the directions of exposure.

30  

31  


                                 1542

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         c.  The effect of insulation incorporated into the

 2  facility design and the effect on solar utilization of the

 3  properties of external surfaces.

 4         d.  The variable occupancy and operating conditions of

 5  the facility and subportions of the facility.

 6         e.  An energy-consumption analysis of the major

 7  equipment of the facility's heating, ventilating, and cooling

 8  system; lighting system; and hot water system and all other

 9  major energy-consuming equipment and systems as appropriate.

10         3.  Life-cycle cost criteria published by the

11  Department of Education for use in evaluating projects.

12         4.  Standards for construction materials and systems

13  based on life-cycle costs that consider initial costs,

14  maintenance costs, custodial costs, operating costs, and life

15  expectancy. The standards may include multiple acceptable

16  materials. It is the intent of the Legislature to require

17  district school boards to comply with these standards when

18  expending funds from the Public Education Capital Outlay and

19  Debt Service Trust Fund or the School District and Community

20  College District Capital Outlay and Debt Service Trust Fund

21  and to prohibit district school boards from expending local

22  capital outlay revenues for any project that includes

23  materials or systems that do not comply with these standards,

24  unless the district school board submits evidence that

25  alternative materials or systems meet or exceed standards

26  developed by the department.

27  

28  It is not a purpose of the Florida Building Code to inhibit

29  the use of new materials or innovative techniques; nor may it

30  specify or prohibit materials by brand names. The code must be

31  flexible enough to cover all phases of construction so as to


                                 1543

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  afford reasonable protection for the public safety, health,

 2  and general welfare. The department may secure the service of

 3  other state agencies or such other assistance as it finds

 4  desirable in recommending to the Florida Building Commission

 5  revisions to the code.

 6         (2)  APPROVAL.--

 7         (a)  Before a contract has been let for the

 8  construction, the department, the district school board, the

 9  community college board, or its authorized review agent must

10  approve the phase III construction documents. A district

11  school board or a community college board may reuse prototype

12  plans on another site, provided the facilities list and phase

13  III construction documents have been updated for the new site

14  and for compliance with the Florida Building Code and the

15  Florida Fire Prevention Code and any laws relating to

16  firesafety, health and sanitation, casualty safety, and

17  requirements for the physically handicapped which are in

18  effect at the time a construction contract is to be awarded.

19         (b)  In reviewing plans for approval, the department,

20  the district school board, the community college board, or its

21  review agent as authorized in s. 1013.38, shall take into

22  consideration:

23         1.  The need for the new facility.

24         2.  The educational and ancillary plant planning.

25         3.  The architectural and engineering planning.

26         4.  The location on the site.

27         5.  Plans for future expansion.

28         6.  The type of construction.

29         7.  Sanitary provisions.

30         8.  Conformity to Florida Building Code standards.

31  


                                 1544

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         9.  The structural design and strength of materials

 2  proposed to be used.

 3         10.  The mechanical design of any heating,

 4  air-conditioning, plumbing, or ventilating system. Typical

 5  heating, ventilating, and air-conditioning systems preapproved

 6  by the department for specific applications may be used in the

 7  design of educational facilities.

 8         11.  The electrical design of educational plants.

 9         12.  The energy efficiency and conservation of the

10  design.

11         13.  Life-cycle cost considerations.

12         14.  The design to accommodate physically handicapped

13  persons.

14         15.  The ratio of net to gross square footage.

15         16.  The proposed construction cost per gross square

16  foot.

17         17.  Conformity with the Florida Fire Prevention Code.

18         (c)  The district school board or the community college

19  board may not occupy a facility until the project has been

20  inspected to verify compliance with statutes, rules, and codes

21  affecting the health and safety of the occupants. Verification

22  of compliance with rules, statutes, and codes for nonoccupancy

23  projects such as roofing, paving, site improvements, or

24  replacement of equipment may be certified by the architect or

25  engineer of record and verification of compliance for other

26  projects may be made by an inspector certified by the

27  department or certified pursuant to chapter 468 who is not the

28  architect or engineer of record. The board shall maintain a

29  record of the project's completion and permanent archive of

30  phase III construction documents, including any addenda and

31  change orders to the project. The boards shall provide project


                                 1545

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  data to the department, as requested, for purposes and reports

 2  needed by the Legislature.

 3         (3)  REVIEW PROCEDURE.--The Commissioner of Education

 4  shall cooperate with the Florida Building Commission in

 5  addressing all questions, disputes, or interpretations

 6  involving the provisions of the Florida Building Code which

 7  govern the construction of public educational and ancillary

 8  facilities, and any objections to decisions made by the

 9  inspectors or the department must be submitted in writing.

10         (4)  BIENNIAL REVIEW AND UPDATE; DISSEMINATION.--The

11  department shall biennially review and recommend to the

12  Florida Building Commission updates and revisions to the

13  provisions of the Florida Building Code which govern the

14  construction of public educational and ancillary facilities.

15  The department shall publish and make available to each board

16  at no cost copies of the state requirements for educational

17  facilities and each amendment and revision thereto. The

18  department shall make additional copies available to all

19  interested persons at a price sufficient to recover costs.

20         (5)  LOCAL LEGISLATION PROHIBITED.--After June 30,

21  1985, pursuant to s. 11(a)(21), Art. III of the State

22  Constitution, there shall not be enacted any special act or

23  general law of local application which proposes to amend,

24  alter, or contravene any provisions of the State Building Code

25  adopted under the authority of this section.

26         Section 835.  Section 1013.371, Florida Statutes, is

27  created to read:

28         1013.371  Conformity to codes.--

29         (1)  CONFORMITY TO FLORIDA BUILDING CODE AND FLORIDA

30  FIRE PREVENTION CODE REQUIRED FOR APPROVAL.--

31  


                                 1546

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (a)  Except as otherwise provided in paragraph (b), all

 2  public educational and ancillary plants constructed by a board

 3  must conform to the Florida Building Code and the Florida Fire

 4  Prevention Code, and the plants are exempt from all other

 5  state building codes; county, municipal, or other local

 6  amendments to the Florida Building Code and local amendments

 7  to the Florida Fire Prevention Code; building permits, and

 8  assessments of fees for building permits, except as provided

 9  in s. 553.80; ordinances; road closures; and impact fees or

10  service availability fees. Any inspection by local or state

11  government must be based on the Florida Building Code and the

12  Florida Fire Prevention Code. Each board shall provide for

13  periodic inspection of the proposed educational plant during

14  each phase of construction to determine compliance with the

15  state requirements for educational facilities.

16         (b)  A board may comply with the Florida Building Code

17  and the Florida Fire Prevention Code and the administration of

18  the codes when constructing ancillary plants that are not

19  attached to educational facilities, if those plants conform to

20  the space size requirements established in the codes.

21         (c)  A board may not approve any plans for the

22  construction, renovation, remodeling, or demolition of any

23  educational or ancillary plants unless these plans conform to

24  the requirements of the Florida Building Code and the Florida

25  Fire Prevention Code. Each board may adopt policies for

26  delegating to the district school superintendent, community

27  college president, or university president authority for

28  submitting documents to the department and for awarding

29  contracts subsequent to and consistent with board approval of

30  the scope, timeframes, funding source, and budget of a

31  survey-recommended project.


                                 1547

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (2)  ENFORCEMENT BY BOARD.--It is the responsibility of

 2  each board to ensure that all plans and educational and

 3  ancillary plants meet the standards of the Florida Building

 4  Code and the Florida Fire Prevention Code and to provide for

 5  the enforcement of these codes in the areas of its

 6  jurisdiction. Each board shall provide for the proper

 7  supervision and inspection of the work. Each board may employ

 8  a chief building official or inspector and such other

 9  inspectors, who have been certified pursuant to chapter 468,

10  and such personnel as are necessary to administer and enforce

11  the provisions of this code. Boards may also use local

12  building department inspectors who are certified by the

13  department to enforce this code. Plans or facilities that fail

14  to meet the standards of the Florida Building Code or the

15  Florida Fire Prevention Code may not be approved. When

16  planning for and constructing an educational, auxiliary, or

17  ancillary facility, a board must use construction materials

18  and systems that meet standards adopted pursuant to s.

19  1013.37(1)(e)3. and 4. If the planned or actual construction

20  of a facility deviates from the adopted standards, the board

21  must, at a public hearing, quantify and compare the costs of

22  constructing the facility with the proposed deviations and in

23  compliance with the adopted standards and the Florida Building

24  Code. The board must explain the reason for the proposed

25  deviations and compare how the total construction costs and

26  projected life-cycle costs of the facility or component system

27  of the facility would be affected by implementing the proposed

28  deviations rather than using materials and systems that meet

29  the adopted standards.

30         (3)  ENFORCEMENT BY DEPARTMENT.--As a further means of

31  ensuring that all educational and ancillary facilities


                                 1548

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  constructed or materially altered or added to conform to the

 2  Florida Building Code standards or Florida Fire Prevention

 3  Code standards, each board that undertakes the construction,

 4  renovation, remodeling, purchasing, or lease-purchase of any

 5  educational plant or ancillary facility, the cost of which

 6  exceeds $200,000, may submit plans to the department for

 7  approval.

 8         Section 836.  Section 1013.372, Florida Statutes, is

 9  created to read:

10         1013.372  Education facilities as emergency shelters.--

11         (1)  The Department of Education shall, in consultation

12  with boards and county and state emergency management offices,

13  include within the standards to be developed under this

14  subsection public shelter design criteria to be incorporated

15  into the Florida Building Code. The new criteria must be

16  designed to ensure that appropriate new educational facilities

17  can serve as public shelters for emergency-management

18  purposes. A facility, or an appropriate area within a

19  facility, for which a design contract is entered into after

20  the effective date of the inclusion of the public shelter

21  criteria in the code must be built in compliance with the

22  amended code unless the facility or a part of it is exempted

23  from using the new shelter criteria due to its location, size,

24  or other characteristics by the applicable board with the

25  concurrence of the applicable local emergency management

26  agency or the Department of Community Affairs. Any educational

27  facility located or proposed to be located in an identified

28  category 1, 2, or 3 evacuation zone is not subject to the

29  requirements of this subsection. If the regional planning

30  council region in which the county is located does not have a

31  hurricane evacuation shelter deficit, as determined by the


                                 1549

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Department of Community Affairs, educational facilities within

 2  the planning council region are not required to incorporate

 3  the public shelter criteria.

 4         (2)  By January 31 of each even-numbered year, the

 5  Department of Community Affairs shall prepare and submit a

 6  statewide emergency shelter plan to the Governor and the

 7  Cabinet for approval. The plan must identify the general

 8  location and square footage of existing shelters, by regional

 9  planning council region, and the general location and square

10  footage of needed shelters, by regional planning council

11  region, during the next 5 years. The plan must identify the

12  types of public facilities that should be constructed to

13  comply with emergency-shelter criteria and must recommend an

14  appropriate and available source of funding for the additional

15  cost of constructing emergency shelters within these public

16  facilities. After the approval of the plan, a board may not be

17  required to build more emergency-shelter space than identified

18  as needed in the plan, and decisions pertaining to exemptions

19  pursuant to subsection (1) must be guided by the plan.

20         (3)  The provisions of s. 1013.74 apply to university

21  facilities as emergency shelters.

22         Section 837.  Section 1013.38, Florida Statutes, is

23  created to read:

24         1013.38  Boards to ensure that facilities comply with

25  building codes and life safety codes.--

26         (1)  Boards shall ensure that all new construction,

27  renovation, remodeling, day labor, and maintenance projects

28  conform to the appropriate sections of the Florida Building

29  Code, Florida Fire Prevention Code, or, where applicable as

30  authorized in other sections of law, other building codes, and

31  life safety codes.


                                 1550

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (2)  Boards may provide compliance as follows:

 2         (a)  Boards or consortia may individually or

 3  cooperatively provide review services under the insurance risk

 4  management oversight through the use of board employees or

 5  consortia employees, registered pursuant to chapter 471,

 6  chapter 481, or part XII of chapter 468.

 7         (b)  Boards may elect to review construction documents

 8  using their own employees registered pursuant to chapter 471,

 9  chapter 481, or part XII of chapter 468.

10         (c)  Boards may submit phase III construction documents

11  for review to the department.

12         (d)  Boards or consortia may contract for plan review

13  services directly with engineers and architects registered

14  pursuant to chapter 471 or chapter 481.

15         (3)  The Department of Management Services may, upon

16  request, provide facilities services for the Florida School

17  for the Deaf and the Blind, the Division of Blind Services,

18  and Public Broadcasting. As used in this section, the term

19  "facilities services" means project management, code and

20  design plan review, and code compliance inspection for

21  projects as defined in s. 287.017(1)(e).

22         Section 838.  Section 1013.39, Florida Statutes, is

23  created to read:

24         1013.39  Building construction standards;

25  exemptions.--Universities are exempt from local amendments to

26  the Florida Building Code and the Florida Fire Prevention

27  Code.

28         Section 839.  Section 1013.40, Florida Statutes, is

29  created to read:

30         1013.40  Planning and construction of community college

31  facilities; property acquisition.--


                                 1551

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (1)  The need for community college facilities shall be

 2  established by a survey conducted pursuant to this chapter.

 3  The facilities recommended by such survey must be approved by

 4  the State Board of Education and the projects must be

 5  constructed according to the provisions of this chapter and

 6  State Board of Education rules.

 7         (2)  No community college may expend public funds for

 8  the acquisition of additional property without the specific

 9  approval of the Legislature.

10         (3)  No facility may be acquired or constructed by a

11  community college or its direct-support organization if such

12  facility requires general revenue funds for operation or

13  maintenance upon project completion or in subsequent years of

14  operation, unless prior approval is received from the

15  Legislature.

16         Section 840.  Section 1013.41, Florida Statutes, is

17  created to read:

18         1013.41  SMART schools; Classrooms First; legislative

19  purpose.--

20         (1)  SMART SCHOOLS.--"SMART schools" are schools that

21  are soundly made, accountable, reasonable, and thrifty. It is

22  the purpose of the Legislature to provide a balanced and

23  principle-based plan for a functional, safe, adequate, and

24  thrifty learning environment for Florida's K-12 students

25  through SMART schools. The plan must be balanced in serving

26  all school districts and must also be balanced between the

27  operating and capital sides of the budget. The principles upon

28  which the plan is based are less government, lower taxes,

29  increased responsibility of school districts, increased

30  freedom through local control, and family and community

31  empowerment.


                                 1552

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (2)  CLASSROOMS FIRST.--It is the purpose of the

 2  Legislature to substantially increase the state's investment

 3  in school construction in an equitable, fair, and reasonable

 4  way.

 5         (3)  SCHOOL DISTRICT FACILITIES WORK PROGRAMS.--It is

 6  the purpose of the Legislature to create s. 1013.35, requiring

 7  each school district annually to adopt a district facilities

 8  5-year work program. The purpose of the district facilities

 9  work program is to keep the district school board and the

10  public fully informed as to whether the district is using

11  sound policies and practices that meet the essential needs of

12  students and that warrant public confidence in district

13  operations. The district facilities work program will be

14  monitored by the Office of Educational Facilities and SMART

15  Schools Clearinghouse, which will also apply performance

16  standards pursuant to s. 1013.04.

17         (4)  OFFICE OF EDUCATIONAL FACILITIES AND SMART SCHOOLS

18  CLEARINGHOUSE.--It is the purpose of the Legislature to create

19  s. 1013.05, establishing the Office of Educational Facilities

20  and SMART Schools Clearinghouse to assist the school districts

21  in building SMART schools utilizing functional and frugal

22  practices. The Office of Educational Facilities and SMART

23  Schools Clearinghouse must review district facilities work

24  programs and projects and identify districts qualified for

25  incentive funding available through School Infrastructure

26  Thrift Program awards; identify opportunities to maximize

27  design and construction savings; develop school district

28  facilities work program performance standards; and provide for

29  review and recommendations to the Governor, the Legislature,

30  and the State Board of Education.

31  


                                 1553

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (5)  EFFORT INDEX GRANTS.--It is the purpose of the

 2  Legislature to create s. 1013.73, in order to provide grants

 3  from state funds to assist school districts that have provided

 4  a specified level of local effort funding.

 5         (6)  SCHOOL INFRASTRUCTURE THRIFT (SIT) PROGRAM

 6  AWARDS.--It is the purpose of the Legislature to convert the

 7  SIT Program established in ss. 1013.42 and 1013.72 to an

 8  incentive award program to encourage functional, frugal

 9  facilities and practices.

10         Section 841.  Section 1013.42, Florida Statutes, is

11  created to read:

12         1013.42  School Infrastructure Thrift (SIT) Program

13  Act.--

14         (1)  This section and s. 1013.72 may be cited as the

15  "School Infrastructure Thrift Program Act."

16         (2)  The School Infrastructure Thrift (SIT) Program is

17  established within the Department of Education, and the State

18  Board of Education may adopt rules as necessary to operate the

19  program. To facilitate the program's purposes, the department

20  shall aggressively seek the elimination or revision of

21  obsolete, excessively restrictive, or unnecessary laws, rules,

22  and regulations for the purpose of reducing the cost of

23  constructing educational facilities and related costs without

24  sacrificing safety or quality of construction. Such efforts

25  must include, but are not limited to, the elimination of

26  duplicate or overlapping inspections; the relaxation of

27  requirements relating to the life cycle of buildings,

28  landscaping, operable glazing, operable windows, radon

29  testing, and firesafety when lawful, safe, and

30  cost-beneficial; and other cost savings identified as lawful,

31  safe, and cost-beneficial.


                                 1554

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (3)  The SIT Program is designed as:

 2         (a)  An incentive program to reward districts for

 3  savings realized through functional, frugal construction.

 4         (b)  A recognition program to provide an annual SMART

 5  school of the year recognition award to the district that

 6  builds the highest quality functional, frugal school.

 7         (4)  Funds shall be appropriated to the SIT Program on

 8  an annual basis as determined by the Legislature.

 9  Notwithstanding the provisions of s. 216.301 and pursuant to

10  s. 216.351, undisbursed balances of appropriations to the SIT

11  Program shall not revert. It is the intent of the Legislature

12  to continue funding the SIT Program with funds available

13  through frugal government operation and agency savings.

14         (5)  Participating school districts may seek SIT

15  Program awards beginning July 1, 1997, for projects commenced

16  after or for projects underway at that time, if the projects

17  comply with s. 1013.72.

18         (6)(a)  Each school district may submit to the Office

19  of Educational Facilities and SMART Schools Clearinghouse,

20  with supporting data, its request, based on eligibility

21  pursuant to s. 1013.72 for an award of SIT Program dollars.

22         (b)  The Office of Educational Facilities and SMART

23  Schools Clearinghouse shall examine the supporting data from

24  each school district and shall report to the commissioner each

25  district's eligibility pursuant to s. 1013.72. Based on the

26  office's report and pursuant to ss. 1013.04 and 1013.05, the

27  office shall make recommendations, ranked in order of

28  priority, for SIT Program awards.

29         (c)  The criteria for SIT Program evaluation and

30  recommendation for awards must be based on the school

31  


                                 1555

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  district's eligibility pursuant to s. 1013.72 and the balance

 2  of dollars in the SIT Program.

 3         (7)  Awards from the SIT Program shall be made by the

 4  commissioner from funds appropriated by the Legislature. An

 5  award funded by an appropriation from the General Revenue Fund

 6  may be used for any lawful capital outlay expenditure. An

 7  award funded by an appropriation of the proceeds of bonds

 8  issued pursuant to s. 1013.70 may be used only for bondable

 9  capital outlay projects.

10         Section 842.  Section 1013.43, Florida Statutes, is

11  created to read:

12         1013.43  Small school requirement.--

13         (1)  LEGISLATIVE FINDINGS.--The Legislature finds that:

14         (a)  Florida's schools are among the largest in the

15  nation.

16         (b)  Smaller schools provide benefits of reduced

17  discipline problems and crime, reduced truancy and gang

18  participation, reduced dropout rates, improved teacher and

19  student attitudes, improved student self-perception, student

20  academic achievement equal to or superior to that of students

21  at larger schools, and increased parental involvement.

22         (c)  Smaller schools can provide these benefits while

23  not increasing administrative and construction costs.

24         (2)  DEFINITION.--As used in this section, "small

25  school" means:

26         (a)  An elementary school with a student population of

27  not more than 500 students.

28         (b)  A middle school with a student population of not

29  more than 700 students.

30         (c)  A high school with a student population of not

31  more than 900 students.


                                 1556

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (d)  A school serving kindergarten through grade 8 with

 2  a student population of not more than 700 students.

 3         (e)  A school serving kindergarten through grade 12

 4  with a student population of not more than 900 students.

 5  

 6  A school on a single campus which operates as a

 7  school-within-a-school, as defined by s. 1003.02(4), shall be

 8  considered a small school if each smaller unit located on the

 9  single campus meets the requirements of this subsection.

10         (3)  REQUIREMENTS.--

11         (a)  Beginning July 1, 2003, all plans for new

12  educational facilities to be constructed within a school

13  district and reflected in the 5-year school district

14  facilities work plan shall be plans for small schools in order

15  to promote increased learning and more effective use of school

16  facilities.

17         (b)  Small schools shall comply with all laws, rules,

18  and court orders relating to racial balance.

19         (4)  EXCEPTIONS.--This section does not apply to plans

20  for new educational facilities already under architectural

21  contract on July 1, 2003.

22         Section 843.  Section 1013.44, Florida Statutes, is

23  created to read:

24         1013.44  Low-energy use design; solar energy systems;

25  swimming pool heaters.--

26         (1)(a)  Passive design elements and low-energy usage

27  features shall be included in the design and construction of

28  new educational facilities. Operable glazing consisting of at

29  least 5 percent of the floor area shall be placed in each

30  classroom located on the perimeter of the building. For a

31  relocatable classroom, the area of operable glazing and the


                                 1557

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  area of exterior doors, together, shall consist of at least 5

 2  percent of the floor area. Operable glazing is not required in

 3  community colleges, auxiliary facilities, music rooms, gyms,

 4  locker and shower rooms, special laboratories requiring

 5  special climate control, and large group instruction areas

 6  having a capacity of more than 100 persons.

 7         (b)  In the remodeling and renovation of educational

 8  facilities which have existing natural ventilation, adequate

 9  sources of natural ventilation shall be retained, or a

10  combination of natural and low-energy usage mechanical

11  equipment shall be provided that will permit the use of the

12  facility without air-conditioning or heat when ambient

13  conditions are moderate. However, the Commissioner of

14  Education is authorized to waive this requirement when

15  environmental conditions, particularly noise and pollution

16  factors, preclude the effective use of natural ventilation.

17         (2)  Each new educational facility for which the

18  projected demand for hot water exceeds 1,000 gallons a day

19  shall be constructed, whenever economically and physically

20  feasible, with a solar energy system as the primary energy

21  source for the domestic hot water system of the facility.  The

22  solar energy system shall be sized so as to provide at least

23  65 percent of the estimated needs of the facility. Sizing

24  shall be determined by generally recognized simulation models,

25  such as F-chart and SOLCOST, or by sizing tables generated by

26  the Florida Solar Energy Center.

27         (3)  If swimming and wading pools constructed as an

28  integral part of an educational facility or plant are heated,

29  such pools shall, whenever feasible, be heated by either a

30  waste heat recovery system or a solar energy system.

31  


                                 1558

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 844.  Section 1013.45, Florida Statutes, is

 2  created to read:

 3         1013.45  Educational facilities contracting and

 4  construction techniques.--

 5         (1)  Boards may employ procedures to contract for

 6  construction of new facilities, or major additions to existing

 7  facilities, that will include, but not be limited to:

 8         (a)  Competitive bids.

 9         (b)  Design-build pursuant to s. 287.055.

10         (c)  Selecting a construction management entity,

11  pursuant to the process provided by s. 287.055, that would be

12  responsible for all scheduling and coordination in both design

13  and construction phases and is generally responsible for the

14  successful, timely, and economical completion of the

15  construction project. The construction management entity must

16  consist of or contract with licensed or registered

17  professionals for the specific fields or areas of construction

18  to be performed, as required by law. At the option of the

19  board, the construction management entity, after having been

20  selected, may be required to offer a guaranteed maximum price

21  or a guaranteed completion date; in which case, the

22  construction management entity must secure an appropriate

23  surety bond pursuant to s. 255.05 and must hold construction

24  subcontracts. The criteria for selecting a construction

25  management entity shall not unfairly penalize an entity that

26  has relevant experience in the delivery of construction

27  projects of similar size and complexity by methods of delivery

28  other than construction management.

29         (d)  Selecting a program management entity, pursuant to

30  the process provided by s. 287.055, that would act as the

31  agent of the board and would be responsible for schedule


                                 1559

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  control, cost control, and coordination in providing or

 2  procuring planning, design, and construction services. The

 3  program management entity must consist of or contract with

 4  licensed or registered professionals for the specific areas of

 5  design or construction to be performed as required by law. The

 6  program management entity may retain necessary design

 7  professionals selected under the process provided in s.

 8  287.055. At the option of the board, the program management

 9  entity, after having been selected, may be required to offer a

10  guaranteed maximum price or a guaranteed completion date, in

11  which case, the program management entity must secure an

12  appropriate surety bond pursuant to s. 255.05 and must hold

13  design and construction subcontracts. The criteria for

14  selecting a program management entity shall not unfairly

15  penalize an entity that has relevant experience in the

16  delivery of construction programs of similar size and

17  complexity by methods of delivery other than program

18  management.

19         (e)  Day-labor contracts not exceeding $200,000 for

20  construction, renovation, remodeling, or maintenance of

21  existing facilities.

22         (2)  For the purposes of this section, "day-labor

23  contract" means a project constructed using persons employed

24  directly by a board or by contracted labor.

25         (3)  Contractors, design-build firms, contract

26  management entities, program management entities, or any other

27  person under contract to construct facilities or major

28  additions to facilities may use any construction techniques

29  allowed by contract and not prohibited by law, including, but

30  not limited to, those techniques known as fast-track

31  


                                 1560

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  construction scheduling, use of components, and systems

 2  building process.

 3         (4)  Except as otherwise provided in this section and

 4  s. 481.229, the services of a registered architect must be

 5  used for the development of plans for the erection,

 6  enlargement, or alteration of any educational facility. The

 7  services of a registered architect are not required for a

 8  minor renovation project for which the construction cost is

 9  less than $50,000 or for the placement or hookup of

10  relocatable educational facilities that conform with standards

11  adopted under s. 1013.37. However, boards must provide

12  compliance with building code requirements and ensure that

13  these structures are adequately anchored for wind resistance

14  as required by law. Boards are encouraged to consider the

15  reuse of existing construction documents or design criteria

16  packages where such reuse is feasible and practical.

17  Notwithstanding s. 287.055, a board may purchase the

18  architectural services for the design of educational or

19  ancillary facilities under an existing contract agreement for

20  professional services held by a district school board in the

21  State of Florida, provided that the purchase is to the

22  economic advantage of the purchasing board, the services

23  conform to the standards prescribed by rules of the State

24  Board of Education, and such reuse is not without notice to,

25  and permission from, the architect of record whose plans or

26  design criteria are being reused. Plans shall be reviewed for

27  compliance with the state requirements for educational

28  facilities. Rules adopted under this section must establish

29  uniform prequalification, selection, bidding, and negotiation

30  procedures applicable to construction management contracts and

31  the design-build process. This section does not supersede any


                                 1561

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  small, woman-owned or minority-owned business enterprise

 2  preference program adopted by a board. Except as otherwise

 3  provided in this section, the negotiation procedures

 4  applicable to construction management contracts and the

 5  design-build process must conform to the requirements of s.

 6  287.055. A board may not modify any rules regarding

 7  construction management contracts or the design-build process.

 8         Section 845.  Part III.c. of chapter 1013, Florida

 9  Statutes, shall be entitled "Contracting for Educational

10  Facilities" and shall consist of ss. 1013.46-1013.51.

11         Section 846.  Section 1013.46, Florida Statutes, is

12  created to read:

13         1013.46  Advertising and awarding contracts;

14  prequalification of contractor.--

15         (1)(a)  As soon as practicable after any bond issue has

16  been voted upon and authorized or funds have been made

17  available for the construction, remodeling, renovation,

18  demolition, or otherwise for the improvement, of any

19  educational or ancillary plant, and after plans for the work

20  have been approved, the board, if competitively bidding the

21  project pursuant to s. 1013.45, after advertising the same in

22  the manner prescribed by law or rule, shall award the contract

23  for the building or improvements to the lowest responsible

24  bidder. However, if after taking all deductive alternates, the

25  bid of the lowest responsible bidder exceeds the construction

26  budget for the project established at the phase III submittal,

27  the board may declare an emergency. After stating the reasons

28  why an emergency exists, the board may negotiate the

29  construction contract or modify the contract, including the

30  specifications, with the lowest responsible bidder and, if the

31  contract is modified, shall resubmit the documents to the


                                 1562

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  authorized review authority for review to confirm that the

 2  project remains in compliance with building and fire codes.

 3  The board may reject all bids received and may readvertise,

 4  calling for new bids.

 5         (b)  Each board may declare an emergency pursuant to

 6  this subsection. A situation created by fire, storm, or other

 7  providential cause resulting in:

 8         1.  Imminent danger to life or safety; or

 9         2.  Overcrowding of students

10  

11  constitutes an emergency.

12         (c)  As an option, any county, municipality, or board

13  may set aside up to 10 percent of the total amount of funds

14  allocated for the purpose of entering into construction

15  capital project contracts with minority business enterprises,

16  as defined in s. 287.094. Such contracts shall be

17  competitively bid only among minority business enterprises.

18  The set-aside shall be used to redress present effects of past

19  discriminatory practices and shall be subject to periodic

20  reassessment to account for changing needs and circumstances.

21         (2)  Boards shall prequalify bidders for construction

22  contracts according to rules prescribed by the State Board of

23  Education which require the prequalification of bidders of

24  educational facilities construction. Boards shall require that

25  all construction or capital improvement bids be accompanied by

26  evidence that the bidder holds an appropriate certificate or

27  license or that the prime contractor has a current valid

28  license.

29         Section 847.  Section 1013.47, Florida Statutes, is

30  created to read:

31  


                                 1563

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         1013.47  Substance of contract; contractors to give

 2  bond; penalties.--Each board shall develop contracts

 3  consistent with this chapter and statutes governing public

 4  facilities. Such a contract must contain the drawings and

 5  specifications of the work to be done and the material to be

 6  furnished, the time limit in which the construction is to be

 7  completed, the time and method by which payments are to be

 8  made upon the contract, and the penalty to be paid by the

 9  contractor for any failure to comply with the terms of the

10  contract. The board may require the contractor to pay a

11  penalty for any failure to comply with the terms of the

12  contract and may provide an incentive for early completion.

13  Upon accepting a satisfactory bid, the board shall enter into

14  a contract with the party or parties whose bid has been

15  accepted. The contractor shall furnish the board with a

16  performance and payment bond as set forth in s. 255.05. A

17  board or other public entity may not require a contractor to

18  secure a surety bond under s. 255.05 from a specific agent or

19  bonding company. Notwithstanding any other provision of this

20  section, if 25 percent or more of the costs of any

21  construction project is paid out of a trust fund established

22  pursuant to 31 U.S.C. s. 1243(a)(1), laborers and mechanics

23  employed by contractors or subcontractors on such construction

24  will be paid wages not less than those prevailing on similar

25  construction projects in the locality, as determined by the

26  Secretary of Labor in accordance with the Davis-Bacon Act, as

27  amended. A person, firm, or corporation that constructs any

28  part of any educational plant, or addition thereto, on the

29  basis of any unapproved plans or in violation of any plans

30  approved in accordance with the provisions of this chapter and

31  rules of the State Board of Education relating to building


                                 1564

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  standards or specifications is subject to forfeiture of bond

 2  and unpaid compensation in an amount sufficient to reimburse

 3  the board for any costs that will need to be incurred in

 4  making any changes necessary to assure that all requirements

 5  are met and is also guilty of a misdemeanor of the second

 6  degree, punishable as provided in s. 775.082 or s. 775.083,

 7  for each separate violation.

 8         Section 848.  Section 1013.48, Florida Statutes, is

 9  created to read:

10         1013.48  Changes in construction requirements after

11  award of contract.--The board may, at its option and by

12  written policy duly adopted and entered in its official

13  minutes, authorize the superintendent or president or other

14  designated individual to approve change orders in the name of

15  the board for preestablished amounts. Approvals shall be for

16  the purpose of expediting the work in progress and shall be

17  reported to the board and entered in its official minutes. For

18  accountability, the school district shall monitor and report

19  the impact of change orders on its district facilities work

20  program pursuant to s. 1013.35.

21         Section 849.  Section 1013.49, Florida Statutes, is

22  created to read:

23         1013.49  Toxic substances in construction, repair, or

24  maintenance of educational facilities.--

25         (1)  All toxic substances enumerated in the Florida

26  Substance List established pursuant to s. 442.103 that are to

27  be used in the construction, repair, or maintenance of

28  educational facilities have restricted usage provisions.

29         (2)  Before any such substance may be used, the

30  contractor shall notify the district school superintendent or

31  public postsecondary institution president in writing at least


                                 1565

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  three working days prior to using the substance.  The

 2  notification shall contain:

 3         (a)  The name of the substance to be used;

 4         (b)  Where the substance is to be used; and

 5         (c)  When the substance is to be used.

 6  

 7  A copy of a material safety data sheet as defined in s.

 8  442.102 shall be attached to the notification for each such

 9  substance.

10         Section 850.  Section 1013.50, Florida Statutes, is

11  created to read:

12         1013.50  Final payment to contractor.--

13         (1)  The final payment to the contractor shall not be

14  made until the construction project has been inspected by the

15  architect or other person designated by the board for that

16  purpose and until he or she has issued a written certificate

17  that the project has been constructed in accordance with the

18  approved plans and specifications and approved change orders

19  and until the board, acting on these recommendations, has

20  accepted the project. After acceptance by the board, a

21  duplicate copy of this written certificate, duly certified as

22  having been accepted by the board, as well as other related

23  data on contract costs and total costs per student station,

24  space inventory update, and other related building information

25  must be filed with the department for budget and cost

26  reporting purposes.

27         (2)  Boards shall have full authority and

28  responsibility for all decisions regarding educational and

29  ancillary plant construction contracts, change orders, and

30  payments.

31  


                                 1566

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 851.  Section 1013.51, Florida Statutes, is

 2  created to read:

 3         1013.51  Expenditures authorized for certain

 4  infrastructure.--

 5         (1)(a)  Subject to exemption from the assessment of

 6  fees pursuant to s. 1013.37(1), education boards, boards of

 7  county commissioners, municipal boards, and other agencies and

 8  boards of the state may expend funds, separately or

 9  collectively, by contract or agreement, for the placement,

10  paving, or maintaining of any road, byway, or sidewalk if the

11  road, byway, or sidewalk is contiguous to or runs through the

12  property of any educational plant or for the maintenance or

13  improvement of the property of any educational plant or of any

14  facility on such property. Expenditures may also be made for

15  sanitary sewer, water, stormwater, and utility improvements

16  upon, or contiguous to, and for the installation, operation,

17  and maintenance of traffic control and safety devices upon, or

18  contiguous to, any existing or proposed educational plant.

19         (b)  A board may pay its proportionate share of the

20  cost of onsite and offsite system improvements necessitated by

21  the educational facility development, but a board is not

22  required to pay for or install any improvements that exceed

23  those required to meet the onsite and offsite needs of a new

24  public educational facility or an expanded site. Development

25  exactions assessed against school boards or community college

26  districts may not exceed the proportionate share of the cost

27  of system improvements necessitated by the educational

28  facility development and may not address existing facility or

29  service backlogs or deficits.

30         (c)  The boards of county commissioners, municipal

31  boards, and other agencies and boards of the state may plant


                                 1567

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  or maintain trees, flowers, shrubbery, and beautifying plants

 2  upon the grounds of any educational plant, upon approval of

 3  the superintendent or president or the designee of either of

 4  them. Payment by a board for any improvement set forth in this

 5  section shall be authorized in any amounts agreed to by the

 6  board. Any payments so authorized to be made are not mandatory

 7  unless the specific improvement and costs have been agreed to

 8  prior to the improvement's being made.

 9         (2)  The provisions of any law, municipal ordinance, or

10  county ordinance to the contrary notwithstanding, the

11  provisions of this section regulate the levying of assessments

12  for special benefits on school or community college districts

13  and the directing of the payment thereof. Any municipal

14  ordinance or county ordinance making provision to the contrary

15  is void.

16         (3)  Notwithstanding any other law, if a board agrees

17  to construct or upgrade water or sewer facilities, or

18  otherwise provide, construct, upgrade, or maintain offsite

19  infrastructure beyond its proportionate share of

20  responsibility, the local government that issues development

21  approvals shall assure that the board is reimbursed for the

22  additional costs incurred, to the extent that other

23  development occurs which demands use of such infrastructure.

24         (4)  Expenditure for infrastructure for universities

25  shall be as authorized in s. 1013.30.

26         Section 852.  Part III.d. of chapter 1013, Florida

27  Statutes, shall be entitled "Cooperative Development of

28  Educational Facilities" and shall consist of ss.

29  1013.52-1013.54.

30         Section 853.  Section 1013.52, Florida Statutes, is

31  created to read:


                                 1568

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         1013.52  Cooperative development and joint use of

 2  facilities by two or more boards.--

 3         (1)  Two or more boards, including district school

 4  boards, community college boards of trustees, the Board of

 5  Trustees for the Florida School for the Deaf and the Blind,

 6  and university boards of trustees, desiring to cooperatively

 7  establish a common educational facility to accommodate

 8  students shall:

 9         (a)  Jointly request a formal assessment by the

10  Commissioner of Education of the academic program need and the

11  need to build new joint-use facilities to house approved

12  programs. Completion of the assessment and approval of the

13  project by the State Board of Education or the Commissioner of

14  Education, as appropriate, should be done prior to conducting

15  an educational facilities survey.

16         (b)  Demonstrate the need for construction of new

17  joint-use facilities involving postsecondary institutions by

18  those institutions presenting evidence of the presence of

19  sufficient actual full-time equivalent enrollments in the

20  locale in leased, rented, or borrowed spaces to justify the

21  requested facility for the programs identified in the formal

22  assessment rather than using projected or anticipated future

23  full-time equivalent enrollments as justification. If the

24  decision is made to construct new facilities to meet this

25  demonstrated need, then building plans should consider

26  full-time equivalent enrollment growth facilitated by this new

27  construction and subsequent new program offerings made

28  possible by the existence of the new facilities.

29         (c)  Adopt and submit to the commissioner a joint

30  resolution of the participating boards indicating their

31  commitment to the utilization of the requested facility and


                                 1569

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  designating the locale of the proposed facility.  The joint

 2  resolution shall contain a statement of determination by the

 3  participating boards that alternate options, including the use

 4  of leased, rented, or borrowed space, were considered and

 5  found less appropriate than construction of the proposed

 6  facility. The joint resolution shall contain assurance that

 7  the development of the proposed facility has been examined in

 8  conjunction with the programs offered by neighboring public

 9  educational facilities offering instruction at the same level.

10  The joint resolution also shall contain assurance that each

11  participating board shall provide for continuity of

12  educational progression. All joint resolutions shall be

13  submitted to the commissioner by August 1 for consideration of

14  funding by the subsequent Legislature.

15         (d)  Submit requests for funding of joint-use

16  facilities projects involving state universities and community

17  colleges for approval by the Commissioner of Education. The

18  Commissioner of Education shall determine the priority for

19  funding these projects in relation to the priority of all

20  other capital outlay projects under their consideration. To be

21  eligible for funding from the Public Education Capital Outlay

22  and Debt Service Trust Fund under the provisions of this

23  section, projects involving both state universities and

24  community colleges shall appear on the 3-year capital outlay

25  priority lists of community colleges and of universities

26  required by s. 1013.64. Projects involving a state university,

27  community college, and a public school, and in which the

28  larger share of the proposed facility is for the use of the

29  state university or the community college, shall appear on the

30  3-year capital outlay priority lists of the community colleges

31  or of the universities, as applicable.


                                 1570

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (e)  Include in their joint resolution for the

 2  joint-use facilities, comprehensive plans for the operation

 3  and management of the facility upon completion. Institutional

 4  responsibilities for specific functions shall be identified,

 5  including designation of one participating board as sole owner

 6  of the facility. Operational funding arrangements shall be

 7  clearly defined.

 8         (2)  An educational plant survey must be conducted

 9  within 90 days after submission of the joint resolution and

10  substantiating data describing the benefits to be obtained,

11  the programs to be offered, and the estimated cost of the

12  proposed project. Upon completion of the educational plant

13  survey, the participating boards may include the recommended

14  projects in their plan as provided in s. 1013.31. Upon

15  approval of the project by the commissioner, 25 percent of the

16  total cost of the project, or the pro rata share based on

17  space utilization of 25 percent of the cost, must be included

18  in the department's legislative capital outlay budget request

19  as provided in s. 1013.60 for educational plants. The

20  participating boards must include in their joint resolution a

21  commitment to finance the remaining funds necessary to

22  complete the planning, construction, and equipping of the

23  facility. Funds from the Public Education Capital Outlay and

24  Debt Service Trust Fund may not be expended on any project

25  unless specifically authorized by the Legislature.

26         (3)  Included in all proposals for joint-use facilities

27  must be documentation that the proposed new campus or new

28  joint-use facility has been reviewed by the State Board of

29  Education and has been formally requested for authorization by

30  the Legislature.

31  


                                 1571

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (4)  No district school board, community college, or

 2  state university shall receive funding for more than one

 3  approved joint-use facility per campus in any 3-year period.

 4         Section 854.  Section 1013.53, Florida Statutes, is

 5  created to read:

 6         1013.53  Cooperative development of educational

 7  facilities in juvenile justice programs.--

 8         (1)  The Department of Juvenile Justice shall provide

 9  early notice to school districts regarding the siting of new

10  juvenile justice facilities. School districts shall include

11  the projected number of students in the districts' annual

12  estimates. School districts must be consulted regarding the

13  types of students expected to be assigned to commitment

14  facilities for education planning and budgeting purposes.

15         (2)  The Department of Juvenile Justice shall notify,

16  in writing, the Department of Education when a request for

17  proposals is issued for the construction or operation of a

18  commitment or detention facility anywhere in the state. The

19  Department of Juvenile Justice shall notify, in writing, the

20  appropriate school district when a request for proposals is

21  issued for the construction or operation of a commitment or

22  detention facility when a county or site is specifically

23  identified.

24         (3)  The Department of Juvenile Justice shall also

25  notify the district school superintendent within 30 days

26  after:

27         (a)  The award of a contract for the construction or

28  operation of a commitment or detention facility within that

29  school district.

30         (b)  Obtaining a permit to begin construction of a new

31  detention or commitment facility within that school district.


                                 1572

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 855.  Section 1013.54, Florida Statutes, is

 2  created to read:

 3         1013.54  Cooperative development and use of satellite

 4  facilities by private industry and district school boards.--

 5         (1)  Each district school board may submit, prior to

 6  August 1 of each year, a request to the commissioner for funds

 7  from the Public Education Capital Outlay and Debt Service

 8  Trust Fund to construct, remodel, or renovate an educational

 9  facility within the industrial environment. No district school

10  board may apply for more than one facility per year. Such

11  request shall contain the following provisions:

12         (a)  A detailed description of the satellite site, the

13  site development necessary for new construction, remodeling,

14  or renovation for the accomplishment of the project, and the

15  facility to be constructed. The facility shall be located on a

16  site owned by the business and leased to the district school

17  board at no cost. However, the minimum agreement shall be for

18  a period of at least 5 years. The amounts provided by the

19  state and the district school board shall be considered full

20  consideration for the lease. If the lease agreement is

21  terminated early, the business shall reimburse the district

22  school board an amount determined by multiplying the amounts

23  contributed by the district school board and the state by a

24  fraction the numerator of which is the number of months

25  remaining in the original agreement and the denominator of

26  which is the total number of months of the agreement.

27         (b)  A detailed description and analysis of the

28  educational programs to be offered and the benefits that will

29  accrue to the students through the instructional programs upon

30  completion of the facility.

31  


                                 1573

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (c)  The estimated number of full-time students whose

 2  regularly scheduled daily instructional program will utilize

 3  the facility.

 4         (d)  The estimated cost of the facility and site

 5  development not to exceed the department's average cost of new

 6  construction adjusted to the respective county cost index. If

 7  a site must be acquired, the estimated cost of the site shall

 8  be provided.

 9         (e)  A resolution or other appropriate indication of

10  intent to participate in the funding and utilization of the

11  educational facility from private industry. Such indication

12  shall include a commitment by private industry to provide at

13  least one-half of the cost of the facility. The district

14  school board shall provide one-fourth of the cost of the

15  facility and, if approved, the state shall provide one-fourth

16  of the cost of the facility. Funds from the Public Education

17  Capital Outlay and Debt Service Trust Fund may not be expended

18  on any project unless specifically authorized by the

19  Legislature.

20         (f)  The designation as to which agency is to assume

21  responsibility for the operation, maintenance, and control of

22  the proposed facility.

23         (g)  Documentation by the district school board that a

24  long-term lease for the use of the educational facility for a

25  period of not less than 40 years or the life expectancy of the

26  permanent facility constructed thereon, whichever is longer,

27  has been obtained from private industry.

28         (2)  The commissioner shall appoint a review committee

29  to make recommendations and prioritize requests. If the

30  project is approved by the commissioner, the commissioner

31  shall include up to one-fourth of the cost of the project in


                                 1574

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the legislative capital outlay budget request, as provided in

 2  s. 1013.60, for the funding of capital outlay projects

 3  involving both educational and private industry. The

 4  commissioner shall prioritize any such projects for each

 5  fiscal year and, notwithstanding the provisions of s.

 6  1013.64(3)(c), limit the recommended state funding amount not

 7  to exceed 5 percent off the top of the total funds recommended

 8  pursuant to s. 1013.64(2) and (3).

 9         (3)  Facilities funded pursuant to this section and all

10  existing satellite facilities shall be exempt from ad valorem

11  taxes as long as the facility is used exclusively for public

12  educational purposes.

13         Section 856.  Part IV of chapter 1013, Florida

14  Statutes, shall be entitled "Funding for Educational

15  Facilities" and shall consist of ss. 1013.60-1013.82.

16         Section 857.  Section 1013.60, Florida Statutes, is

17  created to read:

18         1013.60  Legislative capital outlay budget request.--

19         (1)  The Commissioner of Education shall develop a

20  procedure deemed appropriate in arriving at the amounts

21  required to fund projects as reflected in the integrated,

22  comprehensive budget request required by this section. The

23  official estimates for funds accruing to the Public Education

24  Capital Outlay and Debt Service Trust Fund made by the revenue

25  estimating conference shall be used in determining the budget

26  request pursuant to this section. The commissioner, in

27  consultation with the appropriations committees of the

28  Legislature, shall provide annually an estimate of funds that

29  shall be utilized by community colleges and universities in

30  developing their required 3-year priority lists pursuant to s.

31  1013.64.


                                 1575

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (2)  The commissioner shall submit to the Governor and

 2  to the Legislature an integrated, comprehensive budget request

 3  for educational facilities construction and fixed capital

 4  outlay needs for school districts, community colleges, and

 5  universities, pursuant to the provisions of s. 1013.64 and

 6  applicable provisions of chapter 216. Each community college

 7  board of trustees and each university board of trustees shall

 8  submit to the commissioner a 3-year plan and data required in

 9  the development of the annual capital outlay budget. No

10  further disbursements shall be made from the Public Education

11  Capital Outlay and Debt Service Trust Fund to a board of

12  trustees that fails to timely submit the required data until

13  such board of trustees submits the data.

14         (3)  The commissioner shall submit an integrated,

15  comprehensive budget request to the Executive Office of the

16  Governor and to the Legislature each fiscal year by the

17  submission date specified in s. 216.023(1). Notwithstanding

18  the provisions of s. 216.043, the integrated, comprehensive

19  budget request shall include:

20         (a)  Recommendations for the priority of expenditure of

21  funds in the state system of public education, with reasons

22  for the recommended priorities, and other recommendations

23  which relate to the effectiveness of the educational

24  facilities construction program.

25         (b)  All items in s. 1013.64.

26         Section 858.  Section 1013.61, Florida Statutes, is

27  created to read:

28         1013.61  Annual capital outlay budget.--Each board

29  shall, each year, adopt a capital outlay budget for the

30  ensuing year in order that the capital outlay needs of the

31  board for the entire year may be well understood by the


                                 1576

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  public. This capital outlay budget shall be a part of the

 2  annual budget and shall be based upon and in harmony with the

 3  board's capital outlay plan. This budget shall designate the

 4  proposed capital outlay expenditures by project for the year

 5  from all fund sources. The board may not expend any funds on

 6  any project not included in the budget, as amended. Each

 7  district school board must prepare its tentative district

 8  facilities work program as required by s. 1013.35 before

 9  adopting the capital outlay budget.

10         Section 859.  Section 1013.62, Florida Statutes, is

11  created to read:

12         1013.62  Charter schools capital outlay funding.--

13         (1)  In each year in which funds are appropriated for

14  charter school capital outlay purposes, the Commissioner of

15  Education shall allocate the funds among eligible charter

16  schools. To be eligible for a funding allocation, a charter

17  school must meet the provisions of subsection (6), must have

18  received final approval from its sponsor pursuant to s.

19  1002.33 for operation during that fiscal year, and must serve

20  students in facilities that are not provided by the charter

21  school's sponsor. Prior to the release of capital outlay funds

22  to a school district on behalf of the charter school, the

23  Department of Education shall ensure that the district school

24  board and the charter school governing board enter into a

25  written agreement that includes provisions for the reversion

26  of any unencumbered funds and all equipment and property

27  purchased with public education funds to the ownership of the

28  district school board, as provided for in subsection (3), in

29  the event that the school terminates operations. Any funds

30  recovered by the state shall be deposited in the General

31  Revenue Fund. A charter school is not eligible for a funding


                                 1577

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  allocation if it was created by the conversion of a public

 2  school and operates in facilities provided by the charter

 3  school's sponsor for a nominal fee or at no charge or if it is

 4  directly or indirectly operated by the school district. Unless

 5  otherwise provided in the General Appropriations Act, the

 6  funding allocation for each eligible charter school shall be

 7  determined by multiplying the school's projected student

 8  enrollment by one-fifteenth of the cost-per-student station

 9  specified in s. 1013.64(6)(b) for an elementary, middle, or

10  high school, as appropriate. If the funds appropriated are not

11  sufficient, the commissioner shall prorate the available funds

12  among eligible charter schools. Funds shall be distributed on

13  the basis of the capital outlay full-time equivalent

14  membership by grade level, which shall be calculated by

15  averaging the results of the second and third enrollment

16  surveys. The Department of Education shall distribute capital

17  outlay funds monthly, beginning in the first quarter of the

18  fiscal year, based on one-twelfth of the amount the department

19  reasonably expects the charter school to receive during that

20  fiscal year. The commissioner shall adjust subsequent

21  distributions as necessary to reflect each charter school's

22  actual student enrollment as reflected in the second and third

23  enrollment surveys. The commissioner shall establish the

24  intervals and procedures for determining the projected and

25  actual student enrollment of eligible charter schools.

26         (2)  A charter school's governing body may use charter

27  school capital outlay funds for any capital outlay purpose

28  that is directly related to the functioning of the charter

29  school, including the:

30         (a)  Purchase of real property.

31  


                                 1578

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  Construction, renovation, repair, and maintenance

 2  of school facilities.

 3         (c)  Purchase, lease-purchase, or lease of permanent or

 4  relocatable school facilities.

 5         (d)  Purchase of vehicles to transport students to and

 6  from the charter school.

 7         (3)  When a charter school is nonrenewed or terminated,

 8  any unencumbered funds and all equipment and property

 9  purchased with district public funds shall revert to the

10  ownership of the district school board, as provided for in s.

11  1002.33(8)(e) and (f). In the case of a charter lab school,

12  any unencumbered funds and all equipment and property

13  purchased with university public funds shall revert to the

14  ownership of the state university that issued the charter. The

15  reversion of such equipment, property, and furnishings shall

16  focus on recoverable assets, but not on intangible or

17  irrecoverable costs such as rental or leasing fees, normal

18  maintenance, and limited renovations. The reversion of all

19  property secured with public funds is subject to the complete

20  satisfaction of all lawful liens or encumbrances. If there are

21  additional local issues such as the shared use of facilities

22  or partial ownership of facilities or property, these issues

23  shall be agreed to in the charter contract prior to the

24  expenditure of funds.

25         (4)  The Commissioner of Education shall specify

26  procedures for submitting and approving requests for funding

27  under this section and procedures for documenting

28  expenditures.

29         (5)  The annual legislative budget request of the

30  Department of Education shall include a request for capital

31  outlay funding for charter schools. The request shall be based


                                 1579

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  on the projected number of students to be served in charter

 2  schools who meet the eligibility requirements of this section.

 3  A dedicated funding source, if identified in writing by the

 4  Commissioner of Education and submitted along with the annual

 5  charter school legislative budget request, may be considered

 6  an additional source of funding.

 7         (6)  Unless authorized otherwise by the Legislature,

 8  allocation and proration of charter school capital outlay

 9  funds shall be made to eligible charter schools by the

10  Commissioner of Education in an amount and in a manner

11  authorized by subsection (1).

12         Section 860.  Section 1013.63, Florida Statutes, is

13  created to read:

14         1013.63  University Concurrency Trust

15  Fund.--Notwithstanding any other provision of law, the general

16  revenue service charge deducted pursuant to s. 215.20 on

17  revenues raised by any local option motor fuel tax levied

18  pursuant to s. 336.025(1)(b), as created by chapter 93-206,

19  Laws of Florida, shall be deposited in the University

20  Concurrency Trust Fund, which is administered by the State

21  Board of Education. Moneys in such trust fund shall be for the

22  purpose of funding university offsite improvements required to

23  meet concurrency standards adopted under part II of chapter

24  163. In addition, in any year in which campus master plans are

25  updated pursuant to s. 1013.30, but no more frequently than

26  once every 5 years, up to 25 percent of the balance in the

27  trust fund for that year may be used to defray the costs

28  incurred in updating those campus master plans.

29         Section 861.  Section 1013.64, Florida Statutes, is

30  created to read:

31  


                                 1580

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         1013.64  Funds for comprehensive educational plant

 2  needs; construction cost maximums for school district capital

 3  projects.--Allocations from the Public Education Capital

 4  Outlay and Debt Service Trust Fund to the various boards for

 5  capital outlay projects shall be determined as follows:

 6         (1)(a)  Funds for remodeling, renovation, maintenance,

 7  repairs, and site improvement for existing satisfactory

 8  facilities shall be given priority consideration by the

 9  Legislature for appropriations allocated to the boards from

10  the total amount of the Public Education Capital Outlay and

11  Debt Service Trust Fund appropriated. These funds shall be

12  calculated pursuant to the following basic formula: the

13  building value times the building age over the sum of the

14  years' digits assuming a 50-year building life. For

15  relocatable facilities, a 20-year life shall be used.

16  "Building value" is calculated by multiplying each building's

17  total assignable square feet times the appropriate

18  net-to-gross conversion rate found in state board rules and

19  that product times the current average new construction cost.

20  "Building age" is calculated by multiplying the prior year's

21  building age times 1 minus the prior year's sum received from

22  this subsection divided by the prior year's building value. To

23  the net result shall be added the number 1. Each board shall

24  receive the percentage generated by the preceding formula of

25  the total amount appropriated for the purposes of this

26  section.

27         (b)  Each board is prohibited from using the funds

28  received pursuant to this section to supplant funds in the

29  current fiscal year approved operating budget, and all

30  budgeted funds shall be expended at a rate not less than would

31  


                                 1581

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  have been expended had the funds under this section not been

 2  received.

 3         (c)  Each remodeling, renovation, maintenance, repair,

 4  or site improvement project will expand or upgrade current

 5  educational plants to prolong the useful life of the plant.

 6         (d)  Each board shall maintain fund accounting in a

 7  manner which will permit a detailed audit of the funds

 8  expended in this program.

 9         (e)  Remodeling projects shall be based on the

10  recommendations of a survey pursuant to s. 1013.31.

11         (f)  At least one-tenth of a board's annual allocation

12  provided under this section shall be spent to correct unsafe,

13  unhealthy, or unsanitary conditions in its educational

14  facilities, as required by s. 1013.12, or a lesser amount

15  sufficient to correct all deficiencies cited in its annual

16  comprehensive safety inspection reports. This paragraph shall

17  not be construed to limit the amount a board may expend to

18  correct such deficiencies.

19         (g)  When an existing educational plant is determined

20  to be unsatisfactory pursuant to the survey conducted under s.

21  1013.31, the board may, by resolution, designate the plant as

22  a historic educational facility and may use funds generated

23  for renovation and remodeling pursuant to this section to

24  restore the facility for use by the board. The board shall

25  agree to pay renovation and remodeling costs in excess of

26  funds which such facility would have generated through the

27  depreciation formula in paragraph (a) had the facility been

28  determined to be satisfactory. The board shall further agree

29  that the plant shall continue to house students. The board may

30  designate a plant as a historic educational facility only if

31  the Division of Historical Resources of the Department of


                                 1582

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  State or the appropriate historic preservation board under

 2  chapter 266 certifies that:

 3         1.  The plant is listed or determined eligible for

 4  listing in the National Register of Historic Places pursuant

 5  to the National Historic Preservation Act of 1966, as amended,

 6  16 U.S.C. s. 470;

 7         2.  The plant is designated historic within a certified

 8  local district pursuant to s. 48(g)(3)(B)(ii) of the Internal

 9  Revenue Code; or

10         3.  The division or historic preservation board

11  otherwise finds that the plant is historically significant.

12         (h)  University boards of trustees may utilize funds

13  appropriated pursuant to this section for replacement of minor

14  facilities provided that such projects do not exceed $1

15  million in cost or 10,000 gross square feet in size. Minor

16  facilities may not be replaced from funds provided pursuant to

17  this section unless the board determines that the cost of

18  repair or renovation is greater than or equal to the cost of

19  replacement.

20         (2)(a)  The department shall establish, as a part of

21  the Public Education Capital Outlay and Debt Service Trust

22  Fund, a separate account, in an amount determined by the

23  Legislature, to be known as the "Special Facility Construction

24  Account." The Special Facility Construction Account shall be

25  used to provide necessary construction funds to school

26  districts which have urgent construction needs but which lack

27  sufficient resources at present, and cannot reasonably

28  anticipate sufficient resources within the period of the next

29  3 years, for these purposes from currently authorized sources

30  of capital outlay revenue. A school district requesting

31  funding from the Special Facility Construction Account shall


                                 1583

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  submit one specific construction project, not to exceed one

 2  complete educational plant, to the Special Facility

 3  Construction Committee. No district shall receive funding for

 4  more than one approved project in any 3-year period. The first

 5  year of the 3-year period shall be the first year a district

 6  receives an appropriation. The department shall encourage a

 7  construction program that reduces the average size of schools

 8  in the district. The request must meet the following criteria

 9  to be considered by the committee:

10         1.  The project must be deemed a critical need and must

11  be recommended for funding by the Special Facility

12  Construction Committee. Prior to developing plans for the

13  proposed facility, the district school board must request a

14  preapplication review by the Special Facility Construction

15  Committee or a project review subcommittee convened by the

16  committee to include two representatives of the department and

17  two staff from school districts not eligible to participate in

18  the program. Within 60 days after receiving the preapplication

19  review request, the committee or subcommittee must meet in the

20  school district to review the project proposal and existing

21  facilities. To determine whether the proposed project is a

22  critical need, the committee or subcommittee shall consider,

23  at a minimum, the capacity of all existing facilities within

24  the district as determined by the Florida Inventory of School

25  Houses; the district's pattern of student growth; the

26  district's existing and projected capital outlay full-time

27  equivalent student enrollment as determined by the department;

28  the district's existing satisfactory student stations; the use

29  of all existing district property and facilities; grade level

30  configurations; and any other information that may affect the

31  need for the proposed project.


                                 1584

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         2.  The construction project must be recommended in the

 2  most recent survey or surveys by the district under the rules

 3  of the State Board of Education.

 4         3.  The construction project must appear on the

 5  district's approved project priority list under the rules of

 6  the State Board of Education.

 7         4.  The district must have selected and had approved a

 8  site for the construction project in compliance with s.

 9  1013.36 and the rules of the State Board of Education.

10         5.  The district shall have developed a district school

11  board adopted list of facilities that do not exceed the norm

12  for net square feet occupancy requirements under the State

13  Requirements for Educational Facilities, using all possible

14  programmatic combinations for multiple use of space to obtain

15  maximum daily use of all spaces within the facility under

16  consideration.

17         6.  Upon construction, the total cost per student

18  station, including change orders, must not exceed the cost per

19  student station as provided in subsection (6).

20         7.  There shall be an agreement signed by the district

21  school board stating that it will advertise for bids within 30

22  days of receipt of its encumbrance authorization from the

23  department.

24         8.  The district shall, at the time of the request and

25  for a continuing period of 3 years, levy the maximum millage

26  against their nonexempt assessed property value as allowed in

27  s. 1011.71(2) or shall raise an equivalent amount of revenue

28  from the school capital outlay surtax authorized under s.

29  212.055(6). Any district with a new or active project, funded

30  under the provisions of this subsection, shall be required to

31  budget no more than the value of 1.5 mills per year to the


                                 1585

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  project to satisfy the annual participation requirement in the

 2  Special Facility Construction Account.

 3         9.  If a contract has not been signed 90 days after the

 4  advertising of bids, the funding for the specific project

 5  shall revert to the Special Facility New Construction Account

 6  to be reallocated to other projects on the list. However, an

 7  additional 90 days may be granted by the commissioner.

 8         10.  The department shall certify the inability of the

 9  district to fund the survey-recommended project over a

10  continuous 3-year period using projected capital outlay

11  revenue derived from s. 9(d), Art. XII of the State

12  Constitution, as amended, paragraph (3)(a) of this section,

13  and s. 1011.71(2).

14         11.  The district shall have on file with the

15  department an adopted resolution acknowledging its 3-year

16  commitment of all unencumbered and future revenue acquired

17  from s. 9(d), Art. XII of the State Constitution, as amended,

18  paragraph (3)(a) of this section, and s. 1011.71(2).

19         12.  Final phase III plans must be certified by the

20  board as complete and in compliance with the building and life

21  safety codes prior to August 1.

22         (b)  The Special Facility Construction Committee shall

23  be composed of the following: two representatives of the

24  Department of Education, a representative from the Governor's

25  office, a representative selected annually by the district

26  school boards, and a representative selected annually by the

27  superintendents.

28         (c)  The committee shall review the requests submitted

29  from the districts, evaluate the ability of the project to

30  relieve critical needs, and rank the requests in priority

31  order. This statewide priority list for special facilities


                                 1586

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  construction shall be submitted to the Legislature in the

 2  commissioner's annual capital outlay legislative budget

 3  request at least 45 days prior to the legislative session.

 4         (3)(a)  Each district school board shall receive an

 5  amount from the Public Education Capital Outlay and Debt

 6  Service Trust Fund to be calculated by computing the capital

 7  outlay full-time equivalent membership as determined by the

 8  department. Such membership must include, but is not limited

 9  to:

10         1.  K-12 students, except hospital and homebound

11  part-time students; and

12         2.  Students who are career and technical education

13  students, and adult disabled students and who are enrolled in

14  school district technical centers. The capital outlay

15  full-time equivalent membership shall be determined for

16  kindergarten through the 12th grade and for technical centers

17  by averaging the unweighted full-time equivalent student

18  membership for the second and third surveys and comparing the

19  results on a school-by-school basis with the Florida Inventory

20  for School Houses. The capital outlay full-time equivalent

21  membership by grade level organization shall be used in making

22  the following calculations: The capital outlay full-time

23  equivalent membership by grade level organization for the 4th

24  prior year must be used to compute the base-year allocation.

25  The capital outlay full-time equivalent membership by

26  grade-level organization for the prior year must be used to

27  compute the growth over the highest of the 3 years preceding

28  the prior year. From the total amount appropriated by the

29  Legislature pursuant to this subsection, 40 percent shall be

30  allocated among the base capital outlay full-time equivalent

31  membership and 60 percent among the growth capital outlay


                                 1587

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  full-time equivalent membership. The allocation within each of

 2  these groups shall be prorated to the districts based upon

 3  each district's percentage of base and growth capital outlay

 4  full-time membership.  The most recent 4-year capital outlay

 5  full-time equivalent membership data shall be used in each

 6  subsequent year's calculation for the allocation of funds

 7  pursuant to this subsection. If a change, correction, or

 8  recomputation of data during any year results in a reduction

 9  or increase of the calculated amount previously allocated to a

10  district, the allocation to that district shall be adjusted

11  correspondingly. If such recomputation results in an increase

12  or decrease of the calculated amount, such additional or

13  reduced amounts shall be added to or reduced from the

14  district's future appropriations.  However, no change,

15  correction, or recomputation of data shall be made subsequent

16  to 2 years following the initial annual allocation.

17         (b)  Funds accruing to a district school board from the

18  provisions of this section shall be expended on needed

19  projects as shown by survey or surveys under the rules of the

20  State Board of Education.

21         (c)  A district school board may lease relocatable

22  educational facilities for up to 3 years using nonbonded PECO

23  funds and for any time period using local capital outlay

24  millage.

25         (d)  Funds distributed to the district school boards

26  shall be allocated solely based on the provisions of

27  paragraphs (1)(a) and (2)(a) and paragraph (a) of this

28  subsection. No individual school district projects shall be

29  funded off the top of funds allocated to district school

30  boards.

31  


                                 1588

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (4)(a)  Community college boards of trustees and

 2  university boards of trustees shall receive funds for projects

 3  based on a 3-year priority list, to be updated annually, which

 4  is submitted to the Legislature in the legislative budget

 5  request at least 90 days prior to the legislative session. The

 6  State Board of Education shall submit a 3-year priority list

 7  for community colleges and a 3-year priority list for

 8  universities. The lists shall reflect decisions by the State

 9  Board of Education concerning program priorities that

10  implement the statewide plan for program growth and quality

11  improvement in education. No remodeling or renovation project

12  shall be included on the 3-year priority list unless the

13  project has been recommended pursuant to s. 1013.31 or is for

14  the purpose of correcting health and safety deficiencies. No

15  new construction project shall be included on the first year

16  of the 3-year priority list unless the educational

17  specifications have been approved by the commissioner for a

18  community college or university project, as applicable. The

19  funds requested for a new construction project in the first

20  year of the 3-year priority list shall be in conformance with

21  the scope of the project as defined in the educational

22  specifications. Any new construction project requested in the

23  first year of the 3-year priority list which is not funded by

24  the Legislature shall be carried forward to be listed first in

25  developing the updated 3-year priority list for the subsequent

26  year's capital outlay budget. Should the order of the priority

27  of the projects change from year to year, a justification for

28  such change shall be included with the updated priority list.

29         (b)  Community college boards of trustees and

30  university boards of trustees may lease relocatable

31  


                                 1589

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  educational facilities for up to 3 years using nonbonded PECO

 2  funds.

 3         (c)  Community college boards of trustees and

 4  university boards of trustees shall receive funds for

 5  remodeling, renovation, maintenance and repairs, and site

 6  improvement for existing satisfactory facilities pursuant to

 7  subsection (1).

 8         (5)  District school boards shall identify each fund

 9  source and the use of each proportionate to the project cost,

10  as identified in the bid document, to assure compliance with

11  this section. The data shall be submitted to the department,

12  which shall track this information as submitted by the boards.

13  PECO funds shall not be expended as indicated in the

14  following:

15         (a)  District school boards shall provide landscaping

16  by local funding sources or initiatives. District school

17  boards are exempt from local landscape ordinances but may

18  comply with the local requirements if such compliance is less

19  costly than compliance with the landscape requirements of the

20  Florida Building Code for public educational facilities.

21         (b)  PECO funds shall not be used for the construction

22  of football fields, bleachers, site lighting for athletic

23  facilities, tennis courts, stadiums, racquetball courts, or

24  any other competition-type facilities not required for

25  physical education curriculum. Regional or intradistrict

26  football stadiums may be constructed with these funds provided

27  a minimum of two high schools and two middle schools are

28  assigned to the facility and the stadiums are survey

29  recommended. Sophisticated auditoria shall be limited to

30  magnet performing arts schools, with all other schools using

31  basic lighting and sound systems as determined by rule. Local


                                 1590

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  funds shall be used for enhancement of athletic and performing

 2  arts facilities.

 3         (6)(a)  Each district school board must meet all

 4  educational plant space needs of its elementary, middle, and

 5  high schools before spending funds from the Public Education

 6  Capital Outlay and Debt Service Trust Fund or the School

 7  District and Community College District Capital Outlay and

 8  Debt Service Trust Fund for any ancillary plant or any other

 9  new construction, renovation, or remodeling of ancillary

10  space. Expenditures to meet such space needs may include

11  expenditures for site acquisition; new construction of

12  educational plants; renovation, remodeling, and maintenance

13  and repair of existing educational plants, including auxiliary

14  facilities; and the directly related costs of such services of

15  school district personnel. It is not the intent of the

16  Legislature to preclude the use of capital outlay funding for

17  the labor costs necessary to accomplish the authorized uses

18  for the capital outlay funding. Day-labor contracts or any

19  other educational facilities contracting and construction

20  techniques pursuant to s. 1013.45 are authorized.

21  Additionally, if a school district has salaried maintenance

22  staff whose duties consist solely of performing the labor

23  necessary to accomplish the authorized uses for the capital

24  outlay funding, such funding may be used for those salaries;

25  however, if a school district has salaried staff whose duties

26  consist partially of performing the labor necessary to

27  accomplish the authorized uses for the capital outlay funding,

28  the district shall prorate the portion of salary of each such

29  employee that is based on labor for authorized capital outlay

30  funding, and such funding may be used to pay that portion.

31  


                                 1591

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)1.  A district school board must not use funds from

 2  the Public Education Capital Outlay and Debt Service Trust

 3  Fund or the School District and Community College District

 4  Capital Outlay and Debt Service Trust Fund for any new

 5  construction of educational plant space with a total cost per

 6  student station, including change orders, that equals more

 7  than:

 8         a.  $11,600 for an elementary school,

 9         b.  $13,300 for a middle school, or

10         c.  $17,600 for a high school,

11  

12  (1997) as adjusted annually by the Consumer Price Index.

13         2.  A district school board must not use funds from the

14  Public Education Capital Outlay and Debt Service Trust Fund or

15  the School District and Community College District Capital

16  Outlay and Debt Service Trust Fund for any new construction of

17  an ancillary plant that exceeds 70 percent of the average cost

18  per square foot of new construction for all schools.

19         (c)  Except as otherwise provided, new construction

20  initiated by a district school board after June 30, 1997, must

21  not exceed the cost per student station as provided in

22  paragraph (b).

23         (d)  The department shall compute for each calendar

24  year the statewide average construction costs for facilities

25  serving each instructional level, for relocatable educational

26  facilities, for administrative facilities, and for other

27  ancillary and auxiliary facilities. The department shall

28  compute the statewide average costs per student station for

29  each instructional level. Cost per student station includes

30  contract costs, legal and administrative costs, fees of

31  architects and engineers, furniture and equipment, and site


                                 1592

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  improvement costs. Cost per student station does not include

 2  the cost of purchasing or leasing the site for the

 3  construction or the cost of related offsite improvements.

 4         (e)  The restrictions of this subsection on the cost

 5  per student station of new construction do not apply to a

 6  project funded entirely from proceeds received by districts

 7  through provisions of ss. 212.055 and 1011.73 and s. 9, Art.

 8  VII of the State Constitution, if the school board approves

 9  the project by majority vote.

10         Section 862.  Section 1013.65, Florida Statutes, is

11  created to read:

12         1013.65  Educational and ancillary plant construction

13  funds; Public Education Capital Outlay and Debt Service Trust

14  Fund; allocation of funds.--

15         (1)  The commissioner, through the department, shall

16  administer the Public Education Capital Outlay and Debt

17  Service Trust Fund. The commissioner shall allocate or

18  reallocate funds as authorized by the Legislature. Copies of

19  each allocation or reallocation shall be provided to members

20  of the State Board of Education and to the chairs of the House

21  of Representatives and Senate appropriations committees. The

22  commissioner shall provide for timely encumbrances of funds

23  for duly authorized projects. Encumbrances may include

24  proceeds to be received under a resolution approved by the

25  State Board of Education authorizing the issuance of public

26  education capital outlay bonds pursuant to s. 9(a)(2), Art.

27  XII of the State Constitution, s. 215.61, and other applicable

28  law. The commissioner shall provide for the timely

29  disbursement of moneys necessary to meet the encumbrance

30  authorizations of the boards. Records shall be maintained by

31  the department to identify legislative appropriations,


                                 1593

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  allocations, encumbrance authorizations, disbursements,

 2  transfers, investments, sinking funds, and revenue receipts by

 3  source. The Department of Education shall pay the

 4  administrative costs of the Public Education Capital Outlay

 5  and Debt Service Trust Fund from the funds which comprise the

 6  trust fund.

 7         (2)(a)  The Public Education Capital Outlay and Debt

 8  Service Trust Fund shall be comprised of the following

 9  sources, which are hereby appropriated to the trust fund:

10         1.  Proceeds, premiums, and accrued interest from the

11  sale of public education bonds and that portion of the

12  revenues accruing from the gross receipts tax as provided by

13  s. 9(a)(2), Art. XII of the State Constitution, as amended,

14  interest on investments, and federal interest subsidies.

15         2.  General revenue funds appropriated to the fund for

16  educational capital outlay purposes.

17         3.  All capital outlay funds previously appropriated

18  and certified forward pursuant to s. 216.301.

19         (b)  Any funds required by law to be segregated or

20  maintained in separate accounts shall be segregated or

21  maintained in such manner that the relationship between

22  program and revenue source is retained. Nothing in this

23  subsection shall be construed so as to limit the use by the

24  Public Education Capital Outlay and Debt Service Trust Fund of

25  the resources of funds so segregated or maintained.

26         (3)  Upon the request of each board, the department

27  shall distribute to the board an amount sufficient to cover

28  capital outlay disbursements anticipated from encumbrance

29  authorizations for the following month. For projects costing

30  in excess of $50,000, contracts shall be approved and signed

31  before any disbursements are authorized.


                                 1594

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (4)  The department may authorize each board to enter

 2  into contracts for a period exceeding 1 year, within amounts

 3  appropriated and budgeted for fixed capital outlay needs; but

 4  any contract so made shall be executory only for the value of

 5  the services to be rendered, or agreed to be paid for, in

 6  succeeding fiscal years. This subsection shall be incorporated

 7  verbatim in all executory contracts of a board.

 8         (5)  No board shall, during any fiscal year, expend any

 9  money, incur any liability, or enter into any contract which,

10  by its terms, involves expenditure of money in excess of the

11  amounts appropriated and budgeted or in excess of the cash

12  that will be available to meet the disbursement requirements.

13  Prior to entering into an executory, or any other, contract, a

14  board shall obtain certification from the department that

15  moneys will be available to meet the disbursement

16  requirements. Any contract, verbal or written, made in

17  violation of this subsection shall be null and void, and no

18  payment shall be made thereon.

19         (6)  The State Board of Administration is authorized to

20  invest the trust funds of any state-supported retirement

21  system, and any other state funds available for loans, to the

22  trust fund at a rate of interest that is no less favorable

23  than would have been received had such moneys been invested in

24  accordance with authorized practices.

25         (7)  Boards and entities authorized to participate in

26  the trust fund are district school boards, the community

27  college boards of trustees, the Trustees of the Florida School

28  for the Deaf and the Blind, and university boards of trustees

29  and other units of the state system of public education, and

30  other educational entities for which funds are authorized by

31  the Legislature.


                                 1595

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (8)  The department shall make a monthly report, by

 2  project, of requests for encumbrance authorization from each

 3  agency. Each project shall be tracked in the following manner:

 4         (a)  The date the request is received;

 5         (b)  The anticipated encumbrance date requested by the

 6  agency;

 7         (c)  The date the project is eligible for encumbrance

 8  authorization; and

 9         (d)  The date the encumbrance authorization is issued.

10         (9)  The department shall make a monthly report:

11         (a)  Showing the amount of cash disbursed to the agency

12  from each appropriated allocation and the amount of cash

13  disbursed by the agency to vendors or contractors from each

14  appropriated allocation, by month.

15         (b)  Showing updated adjustments to the budget fiscal

16  year forecast for appropriations, encumbrances, disbursements,

17  and cash available for encumbrance status.

18         Section 863.  Section 1013.66, Florida Statutes, is

19  created to read:

20         1013.66  Financing of approved capital projects.--

21         (1)  Capital projects are to be financed in accordance

22  with s. 9(a)(2), Art. XII of the State Constitution, as

23  amended, or from other legally available state funds or

24  grants, donations, or matching funds, or by a combination of

25  such funds.

26         (2)  The sum designated annually by the Legislature is

27  the maximum sum to be expended from funds accruing under s.

28  9(a)(2), Art. XII of the State Constitution, as amended, and

29  from funds accruing under s. 1013.65(2). However, funds

30  appropriated from this source and remaining unexpended from

31  previously authorized capital projects, along with grants,


                                 1596

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  donations, and matching funds from other sources, may be added

 2  to such maximum sums for any item or category.

 3         (3)  No transfers between appropriations shall be made

 4  without prior approval under the provisions of chapter 216.

 5         (4)  To the extent that appropriations authority for

 6  entitlements from previous years was used for advanced

 7  funding, that authority is hereby restored to the projects for

 8  which appropriations were made by the Legislature in those

 9  previous years.

10         Section 864.  Section 1013.67, Florida Statutes, is

11  created to read:

12         1013.67  Commissioner to provide for encumbrances of

13  funds.--The Commissioner of Education shall provide for timely

14  encumbrances of funds for duly authorized projects.

15  Encumbrances may include proceeds to be received under a

16  resolution approved by the State Board of Education

17  authorizing the issuance of 1997 school capital outlay bonds

18  pursuant to s. 11(d), Art. VII of the State Constitution, s.

19  1013.70, and other applicable law.

20         Section 865.  Section 1013.68, Florida Statutes, is

21  created to read:

22         1013.68  Classrooms First Program; uses.--

23         (1)  The Commissioner of Education shall allocate funds

24  appropriated for the Classrooms First Program among the

25  district school boards. It is the intent of the Legislature

26  that this program be administered as nearly as practicable in

27  the same manner as the capital outlay program authorized under

28  s. 9(d), Art. XII of the State Constitution. Each district

29  school board's share of the annual appropriation for the

30  Classrooms First Program must be calculated according to the

31  following formula, but the share of each district shall, at a


                                 1597

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  minimum, be at least equal to the amount required for all

 2  payments of the district relating to bonds issued by the state

 3  on its behalf:

 4         (a)  Twenty-five percent of the appropriation shall be

 5  prorated to the districts based on each district's percentage

 6  of base capital outlay full-time equivalent membership; and 65

 7  percent shall be based on each district's percentage of growth

 8  capital outlay full-time equivalent membership as specified

 9  for the allocation of funds from the Public Education Capital

10  Outlay and Debt Service Trust Fund by s. 1013.64(3).

11         (b)  Ten percent of the appropriation must be allocated

12  among district school boards according to the allocation

13  formula in s. 1013.64(1)(a).

14         (2)  A district school board shall expend the funds

15  received pursuant to this section only to:

16         (a)  Construct, renovate, remodel, repair, or maintain

17  educational facilities; or

18         (b)  Pay debt service on bonds issued pursuant to this

19  section, the proceeds of which must be expended for new

20  construction, remodeling, renovation, and major repairs. Bond

21  proceeds shall be expended first for providing permanent

22  classroom facilities. Bond proceeds shall not be expended for

23  any other facilities until all unmet needs for permanent

24  classrooms and auxiliary facilities as defined in s. 1013.01

25  have been satisfied.

26  

27  However, if more than 9 percent of a district's total square

28  feet is more than 50 years old, the district must spend at

29  least 25 percent of its allocation on the renovation, major

30  repair, or remodeling of existing schools, except that

31  


                                 1598

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  districts with fewer than 10,000 full-time equivalent students

 2  are exempt from this requirement.

 3         (3)  Each district school board that pledges moneys

 4  under paragraph (2)(b) shall notify the Department of

 5  Education of its election at a time set by the department. The

 6  Department of Education shall review the proposal of each

 7  district school board for compliance with this section and

 8  shall forward all approved proposals to the Division of Bond

 9  Finance with a request to issue bonds on behalf of the

10  approved school districts. The Division of Bond Finance shall

11  pool the pledges from all school districts making the election

12  in that year and shall issue the bonds on behalf of the

13  districts for a period not to exceed the distributions to be

14  received under s. 24.121(2). The bonds must be issued in

15  accordance with s. 11(d), Art. VII of the State Constitution,

16  and each project to be constructed with the proceeds of bonds

17  is hereby approved as provided in s. 11(f), Art. VII of the

18  State Constitution. The bonds shall be issued pursuant to the

19  State Bond Act to the extent not inconsistent with this

20  section.

21         (4)  Bonds issued under this section must be validated

22  as prescribed by chapter 75. The complaint for the validation

23  must be filed in the circuit court of the county where the

24  seat of state government is situated; the notice required to

25  be published by s. 75.06 must be published only in the county

26  where the complaint is filed; and the complaint and order of

27  the circuit court must be served only on the state attorney of

28  the circuit in which the action is pending. The state

29  covenants with holders of bonds issued under this section that

30  it will not take any action that will materially and adversely

31  affect the rights of such holders so long as such bonds are


                                 1599

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  outstanding. The state does hereby additionally authorize the

 2  establishment of a covenant in connection with the bonds which

 3  provides that any additional funds received by the state from

 4  new or enhanced lottery programs, video gaming, or other

 5  similar activities will first be available for payments

 6  relating to bonds pledging revenues available pursuant to s.

 7  24.121(2), prior to use for any other purpose.

 8         (5)  A school district may only receive a distribution

 9  for use pursuant to paragraph (2)(a) if the district school

10  board certifies to the Commissioner of Education that the

11  district has no unmet need for permanent classroom facilities

12  in its 5-year capital outlay work plan. If the work plan

13  contains such unmet needs, the district must use its

14  distribution for the payment of bonds pursuant to paragraph

15  (2)(b). If the district does not require its full bonded

16  distribution to eliminate such unmet need, it may bond only

17  that portion of its allocation necessary to meet the needs.

18         Section 866.  Section 1013.69, Florida Statutes, is

19  created to read:

20         1013.69  Full bonding required to participate in

21  programs.--Any district with unused bonding capacity in its

22  Capital Outlay and Debt Service Trust Fund allocation that

23  certifies in its district facilities work program that it will

24  not be able to meet all of its need for new student stations

25  within existing revenues must fully bond its Capital Outlay

26  and Debt Service Trust Fund allocation before it may

27  participate in Classrooms First, the School Infrastructure

28  Thrift (SIT) Program, or the Effort Index Grants Program.

29         Section 867.  Section 1013.70, Florida Statutes, is

30  created to read:

31  


                                 1600

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         1013.70  The 1997 School Capital Outlay Bond

 2  Program.--There is hereby established the 1997 School Capital

 3  Outlay Bond Program.

 4         (1)  The issuance of revenue bonds payable from the

 5  first lottery revenues transferred to the Educational

 6  Enhancement Trust Fund each fiscal year, as provided by s.

 7  24.121(2), is authorized to finance or refinance the

 8  construction, acquisition, reconstruction, or renovation of

 9  educational facilities. Such bonds shall be issued pursuant to

10  and in compliance with the provisions of s. 11(d), Art. VII of

11  the State Constitution, the provisions of the State Bond Act,

12  ss. 215.57-215.83, as amended, and the provisions of this

13  section. The state does hereby covenant with the holders of

14  such revenue bonds that it will not take any action which will

15  materially and adversely affect the rights of such holders so

16  long as bonds authorized by this section are outstanding. The

17  state does hereby additionally authorize the establishment of

18  a covenant in connection with the bonds which provides that

19  any additional funds received by the state from new or

20  enhanced lottery programs, video gaming, or other similar

21  activities will first be available for payments relating to

22  bonds pledging revenues available pursuant to s. 24.121(2),

23  prior to use for any other purpose.

24         (2)  The bonds shall be issued by the Division of Bond

25  Finance of the State Board of Administration on behalf of the

26  Department of Education in such amount as shall be requested

27  by resolution of the State Board of Education. However, debt

28  service and other amounts payable with respect to the bonds

29  issued pursuant to this section shall not exceed $35 million

30  in any state fiscal year.

31  


                                 1601

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (3)  Proceeds available from bond sales shall be

 2  deposited in the Educational Enhancement Trust Fund within the

 3  Department of Education.

 4         (4)  The facilities to be financed with the proceeds of

 5  such bonds are designated as state fixed capital outlay

 6  projects for purposes of s. 11(d), Art. VII of the State

 7  Constitution and the specific facilities to be financed shall

 8  be determined by the Department of Education in accordance

 9  with state law and appropriations from the Educational

10  Enhancement Trust Fund. Each educational facility to be

11  financed with the proceeds of the bonds issued pursuant to

12  this section is hereby approved as required by s. 11(f), Art.

13  VII of the State Constitution.

14         (5)  Bonds issued pursuant to this section shall be

15  validated in the manner provided by chapter 75. The complaint

16  for such validation shall be filed in the circuit court of the

17  county where the seat of state government is situated, the

18  notice required to be published by s. 75.06 shall be published

19  only in the county where the complaint is filed, and the

20  complaint and order of the circuit court shall be served only

21  on the state attorney of the circuit in which the action is

22  pending.

23         Section 868.  Section 1013.71, Florida Statutes, is

24  created to read:

25         1013.71  Lottery Capital Outlay and Debt Service Trust

26  Fund.--

27         (1)(a)  The Lottery Capital Outlay and Debt Service

28  Trust Fund is hereby created, to be administered by the

29  Department of Education. Funds shall be credited to the trust

30  fund from legislative appropriations and interest earnings.

31  The purpose of the trust fund is to maintain and account for


                                 1602

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  lottery funds appropriated for fixed capital outlay and debt

 2  service separately from lottery funds appropriated for current

 3  operations.

 4         (b)  Notwithstanding the provisions of s. 216.301 and

 5  pursuant to s. 216.351, any balance in the trust fund at the

 6  end of any fiscal year shall remain in the trust fund and

 7  shall be available for carrying out the purposes of the trust

 8  fund.

 9         (2)  Lottery funds appropriated for fixed capital

10  outlay and debt service, along with any interest earned

11  thereon, shall be transferred from the Educational Enhancement

12  Trust Fund to the Lottery Capital Outlay and Debt Service

13  Trust Fund.

14         (3)  Pursuant to the provisions of s. 19(f)(3), Art.

15  III of the State Constitution, the trust fund is not subject

16  to termination under s. 19(f)(2), Art. III of the State

17  Constitution.

18         Section 869.  Section 1013.72, Florida Statutes, is

19  created to read:

20         1013.72  SIT Program award eligibility; maximum cost

21  per student station of educational facilities; frugality

22  incentives; recognition awards.--

23         (1)  It is the intent of the Legislature that district

24  school boards that seek awards of SIT Program funds use due

25  diligence and sound business practices in the design,

26  construction, and use of educational facilities.

27         (2)  A school district may seek an award from the SIT

28  Program, pursuant to this section and s. 1013.42, based on the

29  district's new construction of educational facilities if the

30  cost per student station is less than:

31         (a)  $11,600 for an elementary school,


                                 1603

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  $13,300 for a middle school, or

 2         (c)  $17,600 for a high school,

 3  

 4  (1997) as adjusted annually by the Consumer Price Index. The

 5  award shall be up to 50 percent of such savings, as

 6  recommended by the Office of Educational Facilities and SMART

 7  Schools Clearinghouse.

 8         (3)  A school district may seek a SMART school of the

 9  year recognition award for building the highest quality

10  functional, frugal school. The commissioner may present a

11  trophy or plaque and a cash award to the school recommended by

12  the Office of Educational Facilities and SMART Schools

13  Clearinghouse for a SMART school of the year recognition

14  award.

15         Section 870.  Section 1013.73, Florida Statutes, is

16  created to read:

17         1013.73  Effort index grants for school district

18  facilities.--

19         (1)  The Legislature hereby allocates for effort index

20  grants the sum of $300 million from the funds appropriated

21  from the Educational Enhancement Trust Fund by s. 46, chapter

22  97-384, Laws of Florida, contingent upon the sale of school

23  capital outlay bonds. From these funds, the Commissioner of

24  Education shall allocate to the four school districts deemed

25  eligible for an effort index grant by the SMART Schools

26  Clearinghouse the sums of $7,442,890 to the Clay County School

27  District, $62,755,920 to the Dade County School District,

28  $1,628,590 to the Hendry County School District, and $414,950

29  to the Madison County School District. The remaining funds

30  shall be allocated among the remaining district school boards

31  that qualify for an effort index grant by meeting the local


                                 1604

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  capital outlay effort criteria in paragraph (a) or paragraph

 2  (b).

 3         (a)  Between July 1, 1995, and June 30, 1999, the

 4  school district received direct proceeds from the

 5  one-half-cent sales surtax for public school capital outlay

 6  authorized by s. 212.055(6) or from the local government

 7  infrastructure sales surtax authorized by s. 212.055(2).

 8         (b)  The school district met two of the following

 9  criteria:

10         1.  Levied the full 2 mills of nonvoted discretionary

11  capital outlay authorized by s. 1011.71(2) during 1995-1996,

12  1996-1997, 1997-1998, and 1998-1999.

13         2.  Levied a cumulative voted millage for capital

14  outlay and debt service equal to 2.5 mills for fiscal years

15  1995 through 1999.

16         3.  Received proceeds of school impact fees greater

17  than $500 per dwelling unit which were in effect on July 1,

18  1998.

19         4.  Received direct proceeds from either the

20  one-half-cent sales surtax for public school capital outlay

21  authorized by s. 212.055(6) or from the local government

22  infrastructure sales surtax authorized by s. 212.055(2).

23         (2)  It is the intent of the Legislature that this

24  program be administered as nearly as is practicable in the

25  same manner as the capital outlay program authorized under s.

26  9(d), Art. XII of the State Constitution. Each district school

27  board's share of the appropriation for the effort index grants

28  must be calculated according to the following formula using

29  the same basis as the Classrooms First allocation formula, but

30  the share of each district shall, at a minimum, be at least

31  


                                 1605

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  equal to the amount required for all payments of the district

 2  relating to bonds issued by the state on its behalf:

 3         (a)  Twenty-five percent of the appropriation shall be

 4  prorated to the districts based on each district's percentage

 5  of base capital outlay full-time-equivalent membership; and 65

 6  percent shall be based on each district's percentage of growth

 7  capital outlay full-time-equivalent membership as specified

 8  for the allocation of funds from the Public Education Capital

 9  Outlay and Debt Service Trust Fund by s. 1013.64(3).

10         (b)  Ten percent of the appropriation must be allocated

11  among district school boards according to the allocation

12  formula in s. 1013.64(1)(a).

13         (3)  A district school board shall expend the funds

14  received under this section only to:

15         (a)  Construct, renovate, remodel, repair, or maintain

16  educational facilities; or

17         (b)  Pay debt service on bonds issued under this

18  section, the proceeds of which must be expended for new

19  construction, remodeling, renovation, and major repairs. Bond

20  proceeds shall be expended first for providing permanent

21  classroom facilities and related auxiliary facilities. Bond

22  proceeds may not be expended for any other facilities until

23  all unmet needs for permanent classrooms and auxiliary

24  facilities as defined in s. 1013.01 have been satisfied.

25  

26  However, if more than 9 percent of a district's total square

27  feet is more than 50 years old, the district must spend at

28  least 25 percent of its allocation on the renovation, major

29  repair, or remodeling of existing schools, except that

30  districts having fewer than 10,000 full-time equivalent

31  students are exempt from this requirement.


                                 1606

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (4)  Each district school board that pledges moneys

 2  under paragraph (3)(b) shall notify the Department of

 3  Education of its election at a time set by the department. The

 4  Department of Education shall review the proposal of each

 5  district school board for compliance with this section and

 6  shall forward all approved proposals to the Division of Bond

 7  Finance with a request to issue bonds on behalf of the

 8  approved school districts.

 9         (5)  A district school board that chooses to pledge

10  allocations from the Classrooms First Program for the issuance

11  of bonds must encumber those bond proceeds before pledging

12  funds for the payment of debt service on bonds issued pursuant

13  to this section.

14         (6)  A school district may receive a distribution for

15  use pursuant to paragraph (3)(a) only if the district school

16  board certifies to the Commissioner of Education that the

17  district has no unmet need for permanent classroom facilities

18  in its 5-year capital outlay work plan. If the work plan

19  contains such unmet needs, the district must use its

20  distribution for the payment of bonds under paragraph (2)(b).

21  If the district does not require its full bonded distribution

22  to eliminate such unmet needs, it may bond only that portion

23  of its allocation necessary to meet the needs.

24         Section 871.  Section 1013.74, Florida Statutes, is

25  created to read:

26         1013.74  University authorization for fixed capital

27  outlay projects.--

28         (1)  Notwithstanding the provisions of chapter 216,

29  including s. 216.351, a university may accomplish fixed

30  capital outlay projects consistent with the provisions of this

31  section. Projects authorized by this section shall not require


                                 1607

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  educational plant survey approval as prescribed in chapter

 2  235.

 3         (2)  The following types of projects may be

 4  accomplished pursuant to this section:

 5         (a)  Construction of any new buildings, or remodeling

 6  of existing buildings, when funded from nonstate sources such

 7  as federal grant funds, private gifts, grants, or lease

 8  arrangements if such grants or gifts are given for the

 9  specific purpose of construction;

10         (b)  The replacement of any buildings destroyed by fire

11  or other calamity;

12         (c)  Construction of projects financed as provided in

13  ss. 1010.60-1010.619 or 1013.71;

14         (d)  Construction of new facilities or remodeling of

15  existing facilities to meet needs for research, provided that

16  such projects are financed pursuant to s. 1004.22; or

17         (e)  Construction of facilities or remodeling of

18  existing facilities to meet needs as determined by the

19  university, provided that the amount of funds for any such

20  project does not exceed $1 million, and the trust funds, other

21  than the funds used to accomplish projects contemplated in

22  this subsection, are authorized and available for such

23  purposes.

24         (3)  Other than those projects currently authorized, no

25  project proposed by a university which is to be funded from

26  Capital Improvement Trust Fund fees or building fees shall be

27  submitted to the State Board of Education for approval without

28  prior consultation with the student government association of

29  that university. The State Board of Education shall promulgate

30  rules which are consistent with this requirement.

31  


                                 1608

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (4)  The university board of trustees shall, in

 2  consultation with local and state emergency management

 3  agencies, assess existing facilities to identify the extent to

 4  which each campus has public hurricane evacuation shelter

 5  space. The board shall submit to the Governor and the

 6  Legislature by August 1 of each year a 5-year capital

 7  improvements program that identifies new or retrofitted

 8  facilities that will incorporate enhanced hurricane resistance

 9  standards and that can be used as public hurricane evacuation

10  shelters. Enhanced hurricane resistance standards include

11  fixed passive protection for window and door applications to

12  provide mitigation protection, security protection with

13  egress, and energy efficiencies that meet standards required

14  in the 130-mile-per-hour wind zone areas. The board must also

15  submit proposed facility retrofit projects to the Department

16  of Community Affairs for assessment and inclusion in the

17  annual report prepared in accordance with s. 252.385(3). Until

18  a regional planning council region in which a campus is

19  located has sufficient public hurricane evacuation shelter

20  space, any campus building for which a design contract is

21  entered into subsequent to July 1, 2001, and which has been

22  identified by the board, with the concurrence of the local

23  emergency management agency or the Department of Community

24  Affairs, to be appropriate for use as a public hurricane

25  evacuation shelter, must be constructed in accordance with

26  public shelter standards.

27         Section 872.  Section 1013.75, Florida Statutes, is

28  created to read:

29         1013.75  Cooperative funding of career and technical

30  educational facilities.--

31  


                                 1609

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (1)  Each district school board operating a designated

 2  technical center may submit, prior to August 1 of each year, a

 3  request to the commissioner for funds from the Public

 4  Education Capital Outlay and Debt Service Trust Fund to plan,

 5  construct, and equip a career and technical educational

 6  facility identified as being critical to the economic

 7  development and the workforce needs of the school district.

 8  Prior to submitting a request, each school district shall:

 9         (a)  Adopt and submit to the commissioner a resolution

10  indicating its commitment to fund the planning, construction,

11  and equipping of the proposed facility at 40 percent of the

12  requested project amount. The resolution shall also designate

13  the locale of the proposed facility. If funds from a private

14  or noneducational public entity are to be committed to the

15  project, then a joint resolution shall be required.

16         (b)  Except as provided in paragraph (5)(b), levy the

17  maximum millage against the nonexempt assessed property value

18  as provided in s. 1011.71(2).

19         (c)  Certify to the Office of Workforce and Economic

20  Development that the project has been survey recommended.

21         (d)  Certify to the Office of Workforce and Economic

22  Development that final phase III construction documents comply

23  with applicable building codes and life safety codes.

24         (e)  Sign an agreement that the district school board

25  shall advertise for bids within 90 days of receiving an

26  encumbrance authorization from the department.

27         (f)  If a construction contract has not been signed 90

28  days after the advertising of bids, certify to the Office of

29  Workforce and Economic Development and the department the

30  cause for delay. Upon request, an additional 90 days may be

31  granted by the commissioner.


                                 1610

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (2)  The Office of Workforce and Economic Development

 2  shall establish the need for additional career and technical

 3  education programs and the continuation of existing programs

 4  before facility construction or renovation related to career

 5  and technical education can be included in the educational

 6  plant survey. Information used by the Office of Workforce and

 7  Economic Development to establish facility needs shall

 8  include, but not be limited to, labor market needs analysis

 9  and information submitted by the school districts.

10         (3)  The total cost of the proposed facility shall be

11  determined by the district school board using established

12  state board averages for determining new construction cost.

13         (4)(a)  A career and technical education construction

14  committee shall be composed of the following: three

15  representatives from the Department of Education and one

16  representative from the Executive Office of the Governor.

17         (b)  The committee shall review and evaluate the

18  requests submitted from the school districts and rank the

19  requests in priority order in accordance with statewide

20  critical needs. This statewide priority list shall be

21  submitted to the commissioner.

22         (c)  The commissioner's legislative capital outlay

23  budget request may include up to 2 percent of the new

24  construction allocation to public schools for career and

25  technical capital outlay projects recommended by the career

26  and technical education construction committee.

27         (5)(a)  Upon approval of a project, the commissioner

28  shall include up to 60 percent of the total cost of the

29  project in the legislative capital outlay budget request as

30  provided in s. 1013.60 for educational plants. The

31  participating district school board shall provide 40 percent


                                 1611

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  of the total cost of the project. When practical, the district

 2  school board shall solicit and encourage a private or

 3  noneducational public entity to commit to finance a portion of

 4  the funds to complete the planning, construction, and

 5  equipping of the facility. If a site does not exist, the

 6  purchase price or, if donated, the assessed value of a site

 7  may be included in meeting the funding requirements of the

 8  district school board, a private or noneducational public

 9  entity, or the educational agency. The value of existing

10  sites, intended to satisfy any portion of the funding

11  requirement of a private or noneducational public entity,

12  shall be determined by an independent appraiser under contract

13  with the board. The size of the site to adequately provide for

14  the implementation of the proposed educational programs shall

15  be determined by the board. Funds from the Public Education

16  Capital Outlay and Debt Service Trust Fund may not be expended

17  on any project unless specifically authorized by the

18  Legislature.

19         (b)  In the event that a school district is not levying

20  the maximum millage against the nonexempt assessed property

21  value pursuant to paragraph (1)(b), state and school district

22  funding pursuant to paragraph (a) shall be reduced by the same

23  proportion as the millage actually being levied bears to the

24  maximum allowable millage.

25         Section 873.  Section 1013.76, Florida Statutes, is

26  created to read:

27         1013.76  Multiyear capital improvement contracts.--Any

28  provision of chapters 1010 and 1011 to the contrary

29  notwithstanding, school districts are authorized to award

30  capital improvement contracts involving expenditures to be

31  incurred for a period of more than 1 year on the basis of


                                 1612

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  voter-authorized and unissued general obligation bonding

 2  authority, provided that sufficient funds are available to,

 3  and budgeted by, the school district to pay actual

 4  disbursements during any fiscal year.

 5         Section 874.  Section 1013.78, Florida Statutes, is

 6  created to read:

 7         1013.78  Approval required for certain

 8  university-related facility acquisitions.--

 9         (1)  No university or university direct-support

10  organization shall construct, accept, or purchase facilities

11  for which the state will be asked for operating funds unless

12  there has been prior approval for construction or acquisition

13  granted by the Legislature.

14         (2)  Legislative approval shall not be required for

15  renovations, remodeling, replacement of existing facilities or

16  construction of minor projects as defined in s. 1013.64.

17         Section 875.  Section 1013.79, Florida Statutes, is

18  created to read:

19         1013.79  University Facility Enhancement Challenge

20  Grant Program.--

21         (1)  The Legislature recognizes that the universities

22  do not have sufficient physical facilities to meet the current

23  demands of their instructional and research programs. It

24  further recognizes that, to strengthen and enhance

25  universities, it is necessary to provide facilities in

26  addition to those currently available from existing revenue

27  sources. It further recognizes that there are sources of

28  private support that, if matched with state support, can

29  assist in constructing much-needed facilities and strengthen

30  the commitment of citizens and organizations in promoting

31  excellence throughout the state universities. Therefore, it is


                                 1613

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the intent of the Legislature to establish a trust fund to

 2  provide the opportunity for each university to receive and

 3  match challenge grants for instructional and research-related

 4  capital facilities within the university.

 5         (2)  There is hereby established the Alec P. Courtelis

 6  University Facility Enhancement Challenge Grant Program for

 7  the purpose of assisting universities build high priority

 8  instructional and research-related capital facilities,

 9  including common areas connecting such facilities. The

10  associated foundations that serve the universities shall

11  solicit gifts from private sources to provide matching funds

12  for capital facilities. For the purposes of this act, private

13  sources of funds shall not include any federal, state, or

14  local government funds that a university may receive.

15         (3)  There is established the Alec P. Courtelis Capital

16  Facilities Matching Trust Fund for the purpose of providing

17  matching funds from private contributions for the development

18  of high priority instructional and research-related capital

19  facilities, including common areas connecting such facilities,

20  within a university. The Legislature shall appropriate funds

21  to be transferred to the trust fund. The Public Education

22  Capital Outlay and Debt Service Trust Fund, Capital

23  Improvement Trust Fund, Division of Sponsored Research Trust

24  Fund, and Contracts and Grants Trust Fund shall not be used as

25  the source of the state match for private contributions. All

26  appropriated funds deposited into the trust fund shall be

27  invested pursuant to the provisions of s. 18.125. Interest

28  income accruing to that portion of the trust fund shall

29  increase the total funds available for the challenge grant

30  program. Interest income accruing from the private donations

31  shall be returned to the participating foundation upon


                                 1614

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  completion of the project. The State Board of Education shall

 2  administer the trust fund and all related construction

 3  activities.

 4         (4)  No project shall be initiated unless all private

 5  funds for planning, construction, and equipping the facility

 6  have been received and deposited in the trust fund and the

 7  state's share for the minimum amount of funds needed to begin

 8  the project has been appropriated by the Legislature. The

 9  Legislature may appropriate the state's matching funds in one

10  or more fiscal years for the planning, construction, and

11  equipping of an eligible facility. However, these requirements

12  shall not preclude the university from expending available

13  funds from private sources to develop a prospectus, including

14  preliminary architectural schematics and/or models, for use in

15  its efforts to raise private funds for a facility.

16  Additionally, any private sources of funds expended for this

17  purpose are eligible for state matching funds should the

18  project materialize as provided for in this section.

19         (5)  To be eligible to participate in the Alec P.

20  Courtelis Capital Facilities Matching Trust Fund, a university

21  shall raise a contribution equal to one-half of the total cost

22  of a facilities construction project from private

23  nongovernmental sources which shall be matched by a state

24  appropriation equal to the amount raised for a facilities

25  construction project subject to the General Appropriations

26  Act.

27         (6)  If the state's share of the required match is

28  insufficient to meet the requirements of subsection (5), the

29  university shall renegotiate the terms of the contribution

30  with the donors. If the project is terminated, each private

31  


                                 1615

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  donation, plus accrued interest, reverts to the foundation for

 2  remittance to the donor.

 3         (7)  By September 1 of each year, the State Board of

 4  Education shall transmit to the Legislature a list of projects

 5  which meet all eligibility requirements to participate in the

 6  Alec P. Courtelis Capital Facilities Matching Trust Fund and a

 7  budget request which includes the recommended schedule

 8  necessary to complete each project.

 9         (8)  In order for a project to be eligible under this

10  program, it must be included in the university 5-year Capital

11  Improvement Plan and must receive prior approval from the

12  State Board of Education and the Legislature.

13         (9)  No university's project shall be removed from the

14  approved 3-year PECO priority list because of its successful

15  participation in this program until approved by the

16  Legislature and provided for in the General Appropriations

17  Act. When such a project is completed and removed from the

18  list, all other projects shall move up on the 3-year PECO

19  priority list. A university shall not use PECO funds,

20  including the Capital Improvement Trust Fund fee and the

21  building fee, to complete a project under this section.

22         (10)  Any project funds that are unexpended after a

23  project is completed shall revert to the Capital Facilities

24  Matching Trust Fund. Fifty percent of such unexpended funds

25  shall be reserved for the university which originally received

26  the private contribution for the purpose of providing private

27  matching funds for future facility construction projects as

28  provided in this section. The balance of such unexpended funds

29  shall be available to any state university for future facility

30  construction projects conducted pursuant to this section.

31  


                                 1616

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (11)  The surveys, architectural plans, facility, and

 2  equipment shall be the property of the State of Florida. A

 3  facility constructed pursuant to this section may be named in

 4  honor of a donor at the option of the university and the State

 5  Board of Education. No facility shall be named after a living

 6  person without prior approval by the Legislature.

 7         Section 876.  Section 1013.81, Florida Statutes, is

 8  created to read:

 9         1013.81  Community college indebtedness; bonds and tax

10  anticipation certificates; payment.--

11         (1)  The indebtedness incurred for the benefit of

12  community colleges and represented by bonds or motor vehicle

13  tax anticipation certificates issued from time to time by the

14  State Board of Education, hereinafter called "state board,"

15  pursuant to s. 18, Art. XII of the State Constitution of 1885

16  on behalf of the several former county boards of public

17  instruction shall not be considered by the state board in

18  determining the amount of bonds or motor vehicle tax

19  anticipation certificates which the state board may issue from

20  time to time on behalf of the several school districts under

21  the provisions of s. 9(d), Art. XII of the State Constitution,

22  as amended at the general election held on November 7, 1972,

23  hereinafter called "school capital outlay amendment." Such

24  indebtedness incurred on behalf of community colleges, as

25  described above, shall be considered by the state board in

26  determining the amount of bonds or motor vehicle tax

27  anticipation certificates which the state board may issue from

28  time to time on behalf of the several community college

29  districts under the provisions of the school capital outlay

30  amendment.

31  


                                 1617

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (2)  The debt service requirements on the indebtedness

 2  incurred for the benefit of community colleges and represented

 3  by bonds or motor vehicle tax anticipation certificates issued

 4  from time to time by the state board on behalf of the several

 5  former county boards of public instruction, as described in

 6  subsection (1), shall be paid from funds distributable

 7  pursuant to the school capital outlay amendment to the credit

 8  of the several community college districts, and not from funds

 9  distributable pursuant to the school capital outlay amendment

10  to the credit of the several school districts.

11         (3)  Nothing herein shall be construed to authorize the

12  state board to affect adversely or impair the contractual

13  rights created and vested by reason of the prior issuance of

14  bonds or motor vehicle tax anticipation certificates by the

15  state board.

16         Section 877.  Section 1013.82, Florida Statutes, is

17  created to read:

18         1013.82  Contracts of institutions for supplies,

19  utility services, and building construction exempt from

20  operation of county or municipal ordinance or charter.--

21         (1)  University boards of trustees are authorized to

22  contract for supplies, utility services, and building

23  construction without regulation or restriction by municipal or

24  county charter or ordinance. Contractual arrangements shall be

25  in the best interests of the state and shall give

26  consideration to rates, adequacy of service, and the

27  dependability of the contractor.

28         (2)  Any municipal or county charter, ordinance, or

29  regulation that serves to restrict or prohibit the intent of

30  subsection (1) shall be inoperative.

31  


                                 1618

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 878.  Section 11.061, Florida Statutes, is

 2  amended to read:

 3         11.061  State, state university, and community college

 4  employee lobbyists; registration; recording attendance;

 5  penalty; exemptions.--

 6         (1)  Any person employed by any executive, judicial, or

 7  quasi-judicial department of the state or community college or

 8  state university of the state who seeks to encourage the

 9  passage, defeat, or modification of any legislation by

10  personal appearance or attendance before the House of

11  Representatives or the Senate, or any committee thereof,

12  shall, prior thereto, register as a lobbyist with the joint

13  legislative office on a form to be provided by the joint

14  legislative office in the same manner as any other lobbyist is

15  required to register, whether by rule of either house or

16  otherwise. This shall not preclude any person from contacting

17  her or his legislator regarding any matter during hours other

18  than the established business hours of the person's respective

19  agency, state university, or community college.

20         (2)(a)  Each state, state university, or community

21  college employee or employee of a community college registered

22  pursuant to the provisions of this section shall:

23         1.  Record with the chair of the committee any

24  attendance before any committee during established business

25  hours of the agency, state university, or community college

26  employing the person.

27         2.  Record with the joint legislative office any

28  attendance in the legislative chambers, committee rooms,

29  legislative offices, legislative hallways, and other areas in

30  the immediate vicinity during the established business hours

31  


                                 1619

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  of the agency, state university, or community college

 2  employing the person.

 3         (b)  Any person who appears before a committee or

 4  subcommittee of the House of Representatives or the Senate at

 5  the request of the committee or subcommittee chair as a

 6  witness or for informational purposes shall be exempt from the

 7  provisions of this subsection.

 8         (3)  Any state, state university, or community college

 9  employee or employee of a community college who violates any

10  provision of this section by not registering with the joint

11  legislative office as a lobbyist or by failing to record hours

12  spent as a lobbyist in areas and activities as set forth in

13  this section during the established business hours of the

14  agency, state university, or community college employing the

15  person shall have deducted from her or his salary an amount

16  equivalent to her or his hourly wage times the number of hours

17  that she or he was in violation of this section.

18         (4)  Any person employed by any executive, judicial, or

19  quasi-judicial department of the state or by any community

20  college or state university of the state whose position is

21  designated in that department's budget as being used during

22  all, or a portion of, the fiscal year for lobbying shall

23  comply with the provisions of subsection (1), but shall be

24  exempt from the provisions of subsections (2) and (3).

25         Section 879.  Paragraph (c) of subsection (5) of

26  section 11.40, Florida Statutes, is amended to read:

27         11.40  Legislative Auditing Committee.--

28         (5)  Following notification by the Auditor General, the

29  Department of Banking and Finance, or the Division of Bond

30  Finance of the State Board of Administration of the failure of

31  a local governmental entity, district school board, charter


                                 1620

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  school, or charter technical career center to comply with the

 2  applicable provisions within s. 11.45(5)-(7), s. 218.32(1), or

 3  s. 218.38, the Legislative Auditing Committee may schedule a

 4  hearing. If a hearing is scheduled, the committee shall

 5  determine if the entity should be subject to further state

 6  action.  If the committee determines that the entity should be

 7  subject to further state action, the committee shall:

 8         (c)  In the case of a charter school or charter

 9  technical career center, notify the appropriate sponsoring

10  entity, which may terminate the charter pursuant to ss.

11  1002.33 228.056 and 1002.34 228.505.

12         Section 880.  Paragraph (d) of subsection (2),

13  paragraph (a) of subsection (3), and subsection (8) of section

14  11.45, Florida Statutes, are amended to read:

15         11.45  Definitions; duties; authorities; reports;

16  rules.--

17         (2)  DUTIES.--The Auditor General shall:

18         (d)  Annually conduct financial audits of the accounts

19  and records of all district school boards in counties with

20  populations of fewer than 150,000 125,000, according to the

21  most recent federal decennial statewide census.

22  

23  The Auditor General shall perform his or her duties

24  independently but under the general policies established by

25  the Legislative Auditing Committee. This subsection does not

26  limit the Auditor General's discretionary authority to conduct

27  other audits or engagements of governmental entities as

28  authorized in subsection (3).

29         (3)  AUTHORITY FOR AUDITS AND OTHER ENGAGEMENTS.--

30         (a)  The Auditor General may, pursuant to his or her

31  own authority, or at the direction of the Legislative Auditing


                                 1621

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Committee, conduct audits or other engagements as determined

 2  appropriate by the Auditor General of:

 3         1.  The accounts and records of any governmental entity

 4  created or established by law.

 5         2.  The information technology programs, activities,

 6  functions, or systems of any governmental entity created or

 7  established by law.

 8         3.  The accounts and records of any charter school

 9  created or established by law.

10         4.  The accounts and records of any direct-support

11  organization or citizen support organization created or

12  established by law. The Auditor General is authorized to

13  require and receive any records from the direct-support

14  organization or citizen support organization, or from its

15  independent auditor.

16         5.  The public records associated with any

17  appropriation made by the General Appropriations Act to a

18  nongovernmental agency, corporation, or person. All records of

19  a nongovernmental agency, corporation, or person with respect

20  to the receipt and expenditure of such an appropriation shall

21  be public records and shall be treated in the same manner as

22  other public records are under general law.

23         6.  State financial assistance provided to any nonstate

24  entity.

25         7.  The Tobacco Settlement Financing Corporation

26  created pursuant to s. 215.56005.

27         8.  The Florida Virtual On-Line High School created

28  pursuant to s. 1002.37 228.082.

29         9.  Any purchases of federal surplus lands for use as

30  sites for correctional facilities as described in s. 253.037.

31  


                                 1622

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         10.  Enterprise Florida, Inc., including any of its

 2  boards, advisory committees, or similar groups created by

 3  Enterprise Florida, Inc., and programs.  The audit report may

 4  not reveal the identity of any person who has anonymously made

 5  a donation to Enterprise Florida, Inc., pursuant to this

 6  subparagraph. The identity of a donor or prospective donor to

 7  Enterprise Florida, Inc., who desires to remain anonymous and

 8  all information identifying such donor or prospective donor

 9  are confidential and exempt from the provisions of s.

10  119.07(1) and s. 24(a), Art. I of the State Constitution. Such

11  anonymity shall be maintained in the auditor's report.

12         11.  The Florida Development Finance Corporation or the

13  capital development board or the programs or entities created

14  by the board. The audit or report may not reveal the identity

15  of any person who has anonymously made a donation to the board

16  pursuant to this subparagraph. The identity of a donor or

17  prospective donor to the board who desires to remain anonymous

18  and all information identifying such donor or prospective

19  donor are confidential and exempt from the provisions of s.

20  119.07(1) and s. 24(a), Art. I of the State Constitution. Such

21  anonymity shall be maintained in the auditor's report.

22         12.  The records pertaining to the use of funds from

23  voluntary contributions on a motor vehicle registration

24  application or on a driver's license application authorized

25  pursuant to ss. 320.023 and 322.081.

26         13.  The records pertaining to the use of funds from

27  the sale of specialty license plates described in chapter 320.

28         14.  The transportation corporations under contract

29  with the Department of Transportation that are acting on

30  behalf of the state to secure and obtain rights-of-way for

31  urgently needed transportation systems and to assist in the


                                 1623

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  planning and design of such systems pursuant to ss.

 2  339.401-339.421.

 3         15.  The acquisitions and divestitures related to the

 4  Florida Communities Trust Program created pursuant to chapter

 5  380.

 6         16.  The Florida Water Pollution Control Financing

 7  Corporation created pursuant to s. 403.1837.

 8         17.  The Florida Partnership for School Readiness

 9  created pursuant to s. 411.01.

10         18.  The Occupational Access and Opportunity Commission

11  created pursuant to s. 413.83.

12         19.  The Florida Special Disability Trust Fund

13  Financing Corporation created pursuant to s. 440.49.

14         20.  Workforce Florida, Inc., or the programs or

15  entities created by Workforce Florida, Inc., created pursuant

16  to s. 445.004.

17         21.  The corporation defined in s. 455.32 that is under

18  contract with the Department of Business and Professional

19  Regulation to provide administrative, investigative,

20  examination, licensing, and prosecutorial support services in

21  accordance with the provisions of s. 455.32 and the practice

22  act of the relevant profession.

23         22.  The Florida Engineers Management Corporation

24  created pursuant to chapter 471.

25         23.  The Investment Fraud Restoration Financing

26  Corporation created pursuant to chapter 517.

27         24.  The books and records of any permitholder that

28  conducts race meetings or jai alai exhibitions under chapter

29  550.

30  

31  


                                 1624

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         25.  The corporation defined in part II of chapter 946,

 2  known as the Prison Rehabilitative Industries and Diversified

 3  Enterprises, Inc., or PRIDE Enterprises.

 4         (8)  RULES OF THE AUDITOR GENERAL.--The Auditor

 5  General, in consultation with the Board of Accountancy, shall

 6  adopt rules for the form and conduct of all financial audits

 7  performed by independent certified public accountants pursuant

 8  to ss. 215.981, 218.39, 1004.28, 1004.70, and 1013.77  237.40,

 9  240.299, and 240.331. The rules for audits of local

10  governmental entities and district school boards must include,

11  but are not limited to, requirements for the reporting of

12  information necessary to carry out the purposes of the Local

13  Government Financial Emergencies Act as stated in s. 218.501.

14         Section 881.  Notwithstanding subsection (7) of section

15  3 of chapter 2000-321, Laws of Florida, section 20.15, Florida

16  Statutes, shall not stand repealed on January 7, 2003, as

17  scheduled by that act, but is reenacted and amended to read:

18         20.15  Department of Education.--There is created a

19  Department of Education.

20         (1)  STATE BOARD OF EDUCATION.--In accordance with s.

21  2, Art. IX of the State Constitution, the State Board of

22  Education is a body corporate and must supervise the system of

23  free public education as is provided by law. The State Board

24  of Education is the head of the Department of Education the

25  chief policymaking body of public education in the state as

26  specified in chapter 229. The Governor is chair of the board,

27  and the Commissioner of Education is the secretary and

28  executive officer and in the absence of the Governor shall

29  serve as chair.

30         (2)  COMMISSIONER OF EDUCATION.--The Commissioner of

31  Education is appointed by the State Board of Education and


                                 1625

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  serves as the Executive Director of the Department of

 2  Education head of the Department of Education is the

 3  Commissioner of Education who shall be elected by vote of the

 4  qualified electors of the state pursuant to s. 5, Art. IV of

 5  the State Constitution.

 6         (a)  The Commissioner of Education shall appoint a

 7  Deputy Commissioner for Educational Programs who has such

 8  powers, duties, responsibilities, and functions as are

 9  necessary to ensure the greatest possible coordination,

10  efficiency, and effectiveness of kindergarten through

11  12th-grade education and vocational and continuing education

12  programs, including workforce development.

13         (b)  The Commissioner of Education shall appoint a

14  Deputy Commissioner for Planning, Budgeting, and Management

15  who has such powers, duties, responsibilities, and functions

16  as are necessary to ensure the greatest possible coordination

17  of policies, programs, and procedures for the statewide system

18  of education and the department.

19         (c)  The Commissioner of Education shall appoint a

20  Deputy Commissioner for Technology and Administration who has

21  such powers, duties, responsibilities, and functions as are

22  necessary to ensure the greatest possible coordination and

23  development of technological supports for the education system

24  and efficient administration of the department.

25         (3)  DIVISIONS.--The following divisions of the

26  Department of Education are established:

27         (a)  Division of Community Colleges.

28         (b)  Division of Public Schools and Community

29  Education.

30         (c)  Division of Colleges and Universities.

31  


                                 1626

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (d)  Division of Vocational Rehabilitation Workforce

 2  Development.

 3         (e)  Division of Professional Educators.

 4         (f)  Division of Administration.

 5         (g)  Division of Financial Services.

 6         (h)  Division of Support Services.

 7         (i)  Division of Technology.

 8         (e)(j)  Division of Blind Services.

 9         (4)  DIRECTORS.--The Board of Regents is the director

10  of the Division of Universities, and the State Board of

11  Community Colleges is the director of the Division of

12  Community Colleges, pursuant to chapter 240. The directors of

13  all other divisions shall be appointed by the commissioner

14  subject to approval by the state board.

15         (5)  POWERS AND DUTIES.--The State Board of Education

16  and the Commissioner of Education:

17         (a)  shall assign to the divisions Division of Public

18  Schools and Community Education such powers, duties,

19  responsibilities, and functions as are necessary to ensure the

20  greatest possible coordination, efficiency, and effectiveness

21  of education for students in K-20 education prekindergarten

22  through 12th grade, for secondary school vocational education,

23  and for community education.

24         (b)  Shall assign to the Division of Workforce

25  Development such powers, duties, responsibilities, and

26  functions as are necessary to ensure the greatest possible

27  coordination, efficiency, and effectiveness of workforce

28  development education.

29         (c)  Shall assign to the State Board of Community

30  Colleges such powers, duties, responsibilities, and functions

31  as are necessary to ensure the coordination, efficiency, and


                                 1627

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  effectiveness of community colleges, except those duties

 2  specifically assigned to the Commissioner of Education in ss.

 3  229.512 and 229.551, the duties concerning physical facilities

 4  in chapter 235, and the duties assigned to the Division of

 5  Workforce Development in chapter 239.

 6         (6)  COUNCILS AND COMMITTEES.--Notwithstanding anything

 7  contained in law to the contrary, the commissioner of

 8  Education shall appoint all members of all councils and

 9  committees of the Department of Education, except the

10  Commission for Independent Education and Board of Regents, the

11  State Board of Community Colleges, the community college

12  district boards of trustees, the Postsecondary Education

13  Planning Commission, the Education Practices Commission, the

14  Education Standards Commission, the State Board of Independent

15  Colleges and Universities, and the State Board of Nonpublic

16  Career Education.

17         (7)  BOARDS.--Notwithstanding anything contained in law

18  to the contrary, all members of the university Board of

19  Regents, the State Board of Community Colleges, and the

20  community college district boards of trustees must be

21  appointed according to chapter 1001 240.

22         Section 882.  Paragraphs (a) and (b) of subsection (1),

23  paragraph (d) of subsection (3), and paragraph (a) of

24  subsection (5) of section 23.1225, Florida Statutes, are

25  amended to read:

26         23.1225  Mutual aid agreements.--

27         (1)  The term "mutual aid agreement," as used in this

28  part, refers to one of the following types of agreement:

29         (a)  A voluntary cooperation written agreement between

30  two or more law enforcement agencies, or between one or more

31  law enforcement agencies and either a school board that


                                 1628

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  employs school safety officers or a state university that

 2  employs or appoints university police officers in accordance

 3  with s. 1012.97 240.268, which agreement permits voluntary

 4  cooperation and assistance of a routine law enforcement nature

 5  across jurisdictional lines.  The agreement must specify the

 6  nature of the law enforcement assistance to be rendered, the

 7  agency or entity that shall bear any liability arising from

 8  acts undertaken under the agreement, the procedures for

 9  requesting and for authorizing assistance, the agency or

10  entity that has command and supervisory responsibility, a time

11  limit for the agreement, the amount of any compensation or

12  reimbursement to the assisting agency or entity, and any other

13  terms and conditions necessary to give it effect. Examples of

14  law enforcement activities that may be addressed in a

15  voluntary cooperation written agreement include, but are not

16  limited to, establishing a joint city-county task force on

17  narcotics smuggling, authorizing school safety officers to

18  enforce laws in an area within 1,000 feet of a school or

19  school board property, or establishing a joint city-county

20  traffic enforcement task force.

21         (b)  A requested operational assistance written

22  agreement between two or more law enforcement agencies, or

23  between one or more law enforcement agencies and either a

24  school board that employs school safety officers or a state

25  university that employs or appoints university police officers

26  in accordance with s. 1012.97 240.268, which agreement is for

27  the rendering of assistance in a law enforcement emergency.

28  The agreement must specify the nature of the law enforcement

29  assistance to be rendered, the agency or entity that shall

30  bear any liability arising from acts undertaken under the

31  agreement, the procedures for requesting and for authorizing


                                 1629

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  assistance, the agency or entity that has command and

 2  supervisory responsibility, a time limit for the agreement,

 3  the amount of any compensation or reimbursement to the

 4  assisting agency or entity, and any other terms and conditions

 5  necessary to give it effect.  An example of the use of a

 6  requested operational assistance written agreement is to meet

 7  a request for assistance due to a civil disturbance or other

 8  emergency as defined in s. 252.34.

 9         (3)  A mutual aid agreement may be entered into by:

10         (d)  A state university that employs or appoints

11  university police officers in accordance with s. 1012.97

12  240.268.

13         (5)  In the event of a disaster or emergency such that

14  a state of emergency is declared by the Governor pursuant to

15  chapter 252, the requirement that a requested operational

16  assistance agreement be a written agreement for rendering of

17  assistance in a law enforcement emergency may be waived by the

18  participating agencies for a period of up to 90 days from the

19  declaration of the disaster.

20         (a)  When a law enforcement agency, a school board

21  employing school safety officers, or a state university

22  employing or appointing university police officers in

23  accordance with s. 1012.97 240.268 lends assistance pursuant

24  to this subsection, all powers, privileges, and immunities

25  listed in s. 23.127, except with regard to interstate mutual

26  aid agreements, apply to the agency or entity, provided that

27  the law enforcement, school board, or university employees

28  rendering services are being requested and coordinated by the

29  affected local law enforcement executive in charge of law

30  enforcement operations.

31  


                                 1630

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 883.  Subsection (2) and paragraphs (c) and (d)

 2  of subsection (5) of section 24.121, Florida Statutes, are

 3  amended to read:

 4         24.121  Allocation of revenues and expenditure of funds

 5  for public education.--

 6         (2)  Each fiscal year, at least 38 percent of the gross

 7  revenue from the sale of lottery tickets and other earned

 8  revenue, excluding application processing fees, shall be

 9  deposited in the Educational Enhancement Trust Fund, which is

10  hereby created in the State Treasury to be administered by the

11  Department of Education. The Department of the Lottery shall

12  transfer moneys to the Educational Enhancement Trust Fund at

13  least once each quarter. Funds in the Educational Enhancement

14  Trust Fund shall be used to the benefit of public education in

15  accordance with the provisions of this act. Notwithstanding

16  any other provision of law, a maximum of $180 million of

17  lottery revenues transferred to the Educational Enhancement

18  Trust Fund in fiscal year 1997-1998 and for 30 years

19  thereafter shall be reserved as needed and used to meet the

20  requirements of the documents authorizing the bonds issued by

21  the state pursuant to s. 1013.68 235.187 or s. 1013.70

22  235.2195 or distributed to school districts for the Classrooms

23  First Program as provided in s. 1013.68 235.187. Such lottery

24  revenues are hereby pledged to the payment of debt service on

25  bonds issued by the state pursuant to s. 1013.68 235.187 or s.

26  1013.70 235.2195. Debt service payable on bonds issued by the

27  state pursuant to s. 1013.68 235.187 or s. 1013.70 235.2195

28  shall be payable from the first lottery revenues transferred

29  to the Educational Enhancement Trust Fund in each fiscal year.

30  Amounts distributable to school districts that request the

31  issuance of bonds pursuant to s. 1013.68(3) 235.187(3) are


                                 1631

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  hereby pledged to such bonds pursuant to s. 11(d), Art. VII of

 2  the State Constitution. The amounts distributed through the

 3  Classrooms First Program shall equal $145 million in each

 4  fiscal year. These funds are intended to provide up to $2.5

 5  billion for public school facilities.

 6         (5)

 7         (c)  A portion of such net revenues, as determined

 8  annually by the Legislature, shall be distributed to each

 9  school district and shall be made available to each public

10  school in the district for enhancing school performance

11  through development and implementation of a school improvement

12  plan pursuant to s. 1001.42(16) 230.23(16). A portion of these

13  moneys, as determined annually in the General Appropriations

14  Act, must be allocated to each school in an equal amount for

15  each student enrolled.  These moneys may be expended only on

16  programs or projects selected by the school advisory council

17  or by a parent advisory committee created pursuant to this

18  paragraph.  If a school does not have a school advisory

19  council, the district advisory council must appoint a parent

20  advisory committee composed of parents of students enrolled in

21  that school, which committee is representative of the ethnic,

22  racial, and economic community served by the school, to advise

23  the school's principal on the programs or projects to be

24  funded.  A principal may not override the recommendations of

25  the school advisory council or the parent advisory committee.

26  These moneys may not be used for capital improvements, nor may

27  they be used for any project or program that has a duration of

28  more than 1 year; however, a school advisory council or parent

29  advisory committee may independently determine that a program

30  or project formerly funded under this paragraph should receive

31  funds in a subsequent year.


                                 1632

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (d)  No funds shall be released for any purpose from

 2  the Educational Enhancement Trust Fund to any school district

 3  in which one or more schools do not have an approved school

 4  improvement plan pursuant to s. 1001.42(16) 230.23(16) or do

 5  not comply with school advisory council membership composition

 6  requirements pursuant to s. 229.58(1). Effective July 1, 2002,

 7  the Commissioner of Education shall withhold disbursements

 8  from the trust fund to any school district that fails to adopt

 9  the performance-based salary schedule required by s.

10  1012.22(1) 230.23(5).

11         Section 884.  Paragraph (a) of subsection (5) of

12  section 39.0015, Florida Statutes, is amended to read:

13         39.0015  Child abuse prevention training in the

14  district school system.--

15         (5)  PREVENTION TRAINING CENTERS; FUNCTIONS; SELECTION

16  PROCESS; MONITORING AND EVALUATION.--

17         (a)  Each training center shall perform the following

18  functions:

19         1.  Act as a clearinghouse to provide information on

20  prevention curricula which meet the requirements of this

21  section and the requirements of s. ss. 39.001 and 231.17.

22         2.  Assist the local school district in selecting a

23  prevention program model which meets the needs of the local

24  community.

25         3.  At the request of the local school district, design

26  and administer training sessions to develop or expand local

27  primary prevention and training programs.

28         4.  Provide assistance to local school districts,

29  including, but not limited to, all of the following:

30  administration, management, program development, multicultural

31  


                                 1633

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  staffing, and community education, in order to better meet the

 2  requirements of this section and of s. ss. 39.001 and 231.17.

 3         5.  At the request of the department or the local

 4  school district, provide ongoing program development and

 5  training to achieve all of the following:

 6         a.  Meet the special needs of children, including, but

 7  not limited to, the needs of disabled and high-risk children.

 8         b.  Conduct an outreach program to inform the

 9  surrounding communities of the existence of primary prevention

10  and training programs and of funds to conduct such programs.

11         6.  Serve as a resource to the Department of Children

12  and Family Services and its districts.

13         Section 885.  Paragraph (c) of subsection (3) of

14  section 39.407, Florida Statutes, is amended to read:

15         39.407  Medical, psychiatric, and psychological

16  examination and treatment of child; physical or mental

17  examination of parent or person requesting custody of child.--

18         (3)

19         (c)  The judge may also order such child to be

20  evaluated by a district school board educational needs

21  assessment team. The educational needs assessment provided by

22  the district school board educational needs assessment team

23  shall include, but not be limited to, reports of intelligence

24  and achievement tests, screening for learning disabilities and

25  other handicaps, and screening for the need for alternative

26  education as defined in s. 1001.42 230.23.

27         Section 886.  Subsection (1) of section 61.13015,

28  Florida Statutes, is amended to read:

29         61.13015  Petition for suspension or denial of

30  professional licenses and certificates.--

31  


                                 1634

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (1)  An obligee may petition the court which entered

 2  the support order or the court which is enforcing the support

 3  order for an order to suspend or deny the license or

 4  certificate issued pursuant to chapters 231, 409, 455, 456,

 5  and 559, and 1012 of any obligor with a delinquent support

 6  obligation. However, no petition may be filed until the

 7  obligee has exhausted all other available remedies. The

 8  purpose of this section is to promote the public policy of s.

 9  409.2551.

10         Section 887.  Subsection (2) of section 105.061,

11  Florida Statutes, is amended to read:

12         105.061  Electors qualified to vote.--

13         (2)  The election of members of a school board shall be

14  by vote of the qualified electors as prescribed in chapter

15  1001 230.

16         Section 888.  Paragraph (a) of subsection (1) of

17  section 110.1228, Florida Statutes, is amended to read:

18         110.1228  Participation by small counties, small

19  municipalities, and district school boards located in small

20  counties.--

21         (1)  As used in this section, the term:

22         (a)  "District school board" means a district school

23  board located in a small county or a district school board

24  that receives funding pursuant to s. 1011.62(6) 236.081(6).

25         Section 889.  Paragraphs (b), (c), (f), (g), and (h) of

26  subsection (2) of section 110.123, Florida Statutes, are

27  amended to read:

28         110.123  State group insurance program.--

29         (2)  DEFINITIONS.--As used in this section, the term:

30         (b)  "Enrollee" means all state officers and employees,

31  retired state officers and employees, surviving spouses of


                                 1635

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  deceased state officers and employees, and terminated

 2  employees or individuals with continuation coverage who are

 3  enrolled in an insurance plan offered by the state group

 4  insurance program. "Enrollee" includes all state university

 5  officers and employees, retired state university officers and

 6  employees, surviving spouses of deceased state university

 7  officers and employees, and terminated state university

 8  employees or individuals with continuation coverage who are

 9  enrolled in an insurance plan offered by the state group

10  insurance program.

11         (c)  "Full-time state employees" includes all full-time

12  employees of all branches or agencies of state government

13  holding salaried positions and paid by state warrant or from

14  agency funds, and employees paid from regular salary

15  appropriations for 8 months' employment, including university

16  personnel on academic contracts, but in no case shall "state

17  employee" or "salaried position" include persons paid from

18  other-personal-services (OPS) funds. "Full-time employees"

19  includes all full-time employees of the state universities.

20         (f)  "Part-time state employee" means any employee of

21  any branch or agency of state government paid by state warrant

22  from salary appropriations or from agency funds, and who is

23  employed for less than the normal full-time workweek

24  established by the department or, if on academic contract or

25  seasonal or other type of employment which is less than

26  year-round, is employed for less than 8 months during any

27  12-month period, but in no case shall "part-time" employee

28  include a person paid from other-personal-services (OPS)

29  funds. "Part-time state employee" includes any part-time

30  employee of the state universities.

31  


                                 1636

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (g)  "Retired state officer or employee" or "retiree"

 2  means any state or state university officer or state employee

 3  who retires under a state retirement system or a state

 4  optional annuity or retirement program or is placed on

 5  disability retirement, and who was insured under the state

 6  group insurance program at the time of retirement, and who

 7  begins receiving retirement benefits immediately after

 8  retirement from state or state university office or

 9  employment.

10         (h)  "State agency" or "agency" means any branch,

11  department, or agency of state government. "State agency" or

12  "agency" includes any state university for purposes of this

13  section only.

14         Section 890.  Subsection (1) of section 110.151,

15  Florida Statutes, is amended to read:

16         110.151  State officers' and employees' child care

17  services.--

18         (1)  The Department of Management Services shall

19  approve, administer, and coordinate child care services for

20  state officers' and employees' children or dependents.  Duties

21  shall include, but not be limited to, reviewing and approving

22  requests from state agencies for child care services;

23  providing technical assistance on child care program startup

24  and operation; and assisting other agencies in conducting

25  needs assessments, designing centers, and selecting service

26  providers.  Primary emphasis for child care services shall be

27  given to children who are not subject to compulsory school

28  attendance pursuant to part II of chapter 1003 chapter 232,

29  and, to the extent possible, emphasis shall be placed on child

30  care for children aged 2 and under.

31  


                                 1637

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 891.  Subsection (5) of section 110.181,

 2  Florida Statutes, is amended to read:

 3         110.181  Florida State Employees' Charitable

 4  Campaign.--

 5         (5)  PARTICIPATION OF STATE UNIVERSITIES.--Each

 6  university may elect to participate in the Florida State

 7  Employees' Charitable Campaign, upon timely notice to the

 8  department.  Each university may also conduct annual

 9  charitable fundraising drives for employees under the

10  authority granted in s. 1001.74(19) 240.209(3)(f).

11         Section 892.  Paragraph (d) of subsection (2) of

12  section 110.205, Florida Statutes, is amended to read:

13         110.205  Career service; exemptions.--

14         (2)  EXEMPT POSITIONS.--The exempt positions that are

15  not covered by this part include the following:

16         (d)  All officers and employees of the state

17  universities University System and the Correctional Education

18  Program within the Department of Corrections, and the academic

19  personnel and academic administrative personnel of the Florida

20  School for the Deaf and the Blind. In accordance with the

21  provisions of s. 1002.36 chapter 242, the salaries for

22  academic personnel and academic administrative personnel of

23  the Florida School for the Deaf and the Blind shall be set by

24  the board of trustees for the school, subject only to the

25  approval of the State Board of Education. The salaries for all

26  instructional personnel and all administrative and

27  noninstructional personnel of the Correctional Education

28  Program shall be set by the Department of Corrections, subject

29  to the approval of the Department of Management Services.

30         Section 893.  Paragraphs (b) and (c) of subsection (1)

31  of section 112.1915, Florida Statutes, are amended to read:


                                 1638

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         112.1915  Teachers and school administrators; death

 2  benefits.--Any other provision of law to the contrary

 3  notwithstanding:

 4         (1)  As used in this section, the term:

 5         (b)  "Teacher" means any instructional staff personnel

 6  as described in s. 1012.01(2) 228.041(9).

 7         (c)  "School administrator" means any school

 8  administrator as described in s. 1012.01(3) 228.041(10)(c).

 9         Section 894.  Paragraph (h) of subsection (12) of

10  section 112.313, Florida Statutes, is amended to read:

11         112.313  Standards of conduct for public officers,

12  employees of agencies, and local government attorneys.--

13         (12)  EXEMPTION.--The requirements of subsections (3)

14  and (7) as they pertain to persons serving on advisory boards

15  may be waived in a particular instance by the body which

16  appointed the person to the advisory board, upon a full

17  disclosure of the transaction or relationship to the

18  appointing body prior to the waiver and an affirmative vote in

19  favor of waiver by two-thirds vote of that body.  In instances

20  in which appointment to the advisory board is made by an

21  individual, waiver may be effected, after public hearing, by a

22  determination by the appointing person and full disclosure of

23  the transaction or relationship by the appointee to the

24  appointing person.  In addition, no person shall be held in

25  violation of subsection (3) or subsection (7) if:

26         (h)  The transaction is made pursuant to s. 1004.22

27  240.229 or s. 1004.23 240.241 and is specifically approved by

28  the president and the chair of the university board of

29  trustees Chancellor.  The chair of the university board of

30  trustees Chancellor shall submit to the Governor and the

31  Legislature by March 1 of each year a report of the


                                 1639

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  transactions approved pursuant to this paragraph during the

 2  preceding year.

 3         Section 895.  Subsection (6) of section 120.52, Florida

 4  Statutes, is amended to read:

 5         120.52  Definitions.--As used in this act:

 6         (6)  "Educational unit" means a local school district,

 7  a community college district, the Florida School for the Deaf

 8  and the Blind, or a state university unit of the State

 9  University System other than the Board of Regents.

10         Section 896.  Paragraph (a) of subsection (1) of

11  section 120.55, Florida Statutes, is amended to read:

12         120.55  Publication.--

13         (1)  The Department of State shall:

14         (a)1.  Publish in a permanent compilation entitled

15  "Florida Administrative Code" all rules adopted by each

16  agency, citing the specific rulemaking authority pursuant to

17  which each rule was adopted, all history notes as authorized

18  in s. 120.545(9), and complete indexes to all rules contained

19  in the code. Supplementation shall be made as often as

20  practicable, but at least monthly.  The department may

21  contract with a publishing firm for the publication, in a

22  timely and useful form, of the Florida Administrative Code;

23  however, the department shall retain responsibility for the

24  code as provided in this section.  This publication shall be

25  the official compilation of the administrative rules of this

26  state.  The Department of State shall retain the copyright

27  over the Florida Administrative Code.

28         2.  Rules general in form but applicable to only one

29  school district, community college district, or county, or a

30  part thereof, or state university rules relating to internal

31  personnel or business and finance shall not be published in


                                 1640

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the Florida Administrative Code. Exclusion from publication in

 2  the Florida Administrative Code shall not affect the validity

 3  or effectiveness of such rules.

 4         3.  At the beginning of the section of the code dealing

 5  with an agency that files copies of its rules with the

 6  department, the department shall publish the address and

 7  telephone number of the executive offices of each agency, the

 8  manner by which the agency indexes its rules, a listing of all

 9  rules of that agency excluded from publication in the code,

10  and a statement as to where those rules may be inspected.

11         4.  Forms shall not be published in the Florida

12  Administrative Code; but any form which an agency uses in its

13  dealings with the public, along with any accompanying

14  instructions, shall be filed with the committee before it is

15  used. Any form or instruction which meets the definition of

16  "rule" provided in s. 120.52 shall be incorporated by

17  reference into the appropriate rule.  The reference shall

18  specifically state that the form is being incorporated by

19  reference and shall include the number, title, and effective

20  date of the form and an explanation of how the form may be

21  obtained.

22         Section 897.  Paragraphs (a), (c), (e), (g), (i), and

23  (j) of subsection (1) of section 120.81, Florida Statutes, are

24  amended to read:

25         120.81  Exceptions and special requirements; general

26  areas.--

27         (1)  EDUCATIONAL UNITS.--

28         (a)  Notwithstanding s. 120.536(1) and the flush left

29  provisions of s. 120.52(8), district school boards may adopt

30  rules to implement their general powers under s. 1001.41

31  230.22.


                                 1641

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (c)  Notwithstanding s. 120.52(15), any tests, test

 2  scoring criteria, or testing procedures relating to student

 3  assessment which are developed or administered by the

 4  Department of Education pursuant to s. 1003.43 229.57, s.

 5  1003.438, s. 1008.22 232.245, or s. 1008.25 232.246, or s.

 6  232.247, or any other statewide educational tests required by

 7  law, are not rules.

 8         (e)  Educational units, other than the state

 9  universities units of the State University System and the

10  Florida School for the Deaf and the Blind, shall not be

11  required to make filings with the committee of the documents

12  required to be filed by s. 120.54 or s. 120.55(1)(a)4.

13         (g)  Sections 120.569 and 120.57 do not apply to any

14  proceeding in which the substantial interests of a student are

15  determined by a state university the State University System

16  or a community college district. The Board of Regents shall

17  establish a committee, at least half of whom shall be

18  appointed by the Council of Student Body Presidents, which

19  shall establish rules and guidelines ensuring fairness and due

20  process in judicial proceedings involving students in the

21  State University System.

22         (i)  For purposes of s. 120.68, a district school board

23  whose decision is reviewed under the provisions of s. 1012.33

24  231.36 and whose final action is modified by a superior

25  administrative decision shall be a party entitled to judicial

26  review of the final action.

27         (j)  Notwithstanding s. 120.525(2), the agenda for a

28  special meeting of a district school board under authority of

29  s. 1001.372(1) 230.16 shall be prepared upon the calling of

30  the meeting, but not less than 48 hours prior to the meeting.

31  


                                 1642

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 898.  Paragraph (c) of subsection (2) of

 2  section 121.051, Florida Statutes, is amended to read:

 3         121.051  Participation in the system.--

 4         (2)  OPTIONAL PARTICIPATION.--

 5         (c)  Employees of members of the Florida community

 6  colleges College System or charter technical career centers

 7  sponsored by members of the Florida community colleges College

 8  System, as designated in s. 1000.21(3) 240.3031, who are

 9  members of the Regular Class of the Florida Retirement System

10  and who comply with the criteria set forth in this paragraph

11  and in s. 1012.875 240.3195 may elect, in lieu of

12  participating in the Florida Retirement System, to withdraw

13  from the Florida Retirement System altogether and participate

14  in a lifetime monthly annuity program, to be known as the

15  State Community College System Optional Retirement Program,

16  which may be provided by the employing agency under s.

17  1012.875 240.3195. Pursuant thereto:

18         1.  Through June 30, 2001, the cost to the employer for

19  such annuity shall equal the normal cost portion of the

20  employer retirement contribution which would be required if

21  the employee were a member of the Regular Class defined

22  benefit program, plus the portion of the contribution rate

23  required by s. 112.363(8) that would otherwise be assigned to

24  the Retiree Health Insurance Subsidy Trust Fund. Effective

25  July 1, 2001, each employer shall contribute on behalf of each

26  participant in the optional program an amount equal to 10.43

27  percent of the participant's gross monthly compensation. The

28  employer shall deduct an amount to provide for the

29  administration of the optional retirement program. The

30  employer providing such annuity shall contribute an additional

31  amount to the Florida Retirement System Trust Fund equal to


                                 1643

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the unfunded actuarial accrued liability portion of the

 2  Regular Class contribution rate.

 3         2.  The decision to participate in such an optional

 4  retirement program shall be irrevocable for as long as the

 5  employee holds a position eligible for participation. Any

 6  service creditable under the Florida Retirement System shall

 7  be retained after the member withdraws from the Florida

 8  Retirement System; however, additional service credit in the

 9  Florida Retirement System shall not be earned while a member

10  of the optional retirement program.

11         3.  Participation in an optional annuity program shall

12  be limited to those employees who satisfy the following

13  eligibility criteria:

14         a.  The employee must be otherwise eligible for

15  membership in the Regular Class of the Florida Retirement

16  System, as provided in s. 121.021(11) and (12).

17         b.  The employee must be employed in a full-time

18  position classified in the Accounting Manual for Florida's

19  Public Community Colleges as:

20         (I)  Instructional; or

21         (II)  Executive Management, Instructional Management,

22  or Institutional Management, if a community college determines

23  that recruiting to fill a vacancy in the position is to be

24  conducted in the national or regional market, and:

25         (A)  The duties and responsibilities of the position

26  include either the formulation, interpretation, or

27  implementation of policies; or

28         (B)  The duties and responsibilities of the position

29  include the performance of functions that are unique or

30  specialized within higher education and that frequently

31  involve the support of the mission of the community college.


                                 1644

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         c.  The employee must be employed in a position not

 2  included in the Senior Management Service Class of the Florida

 3  Retirement System, as described in s. 121.055.

 4         4.  Participants in the program are subject to the same

 5  reemployment limitations, renewed membership provisions, and

 6  forfeiture provisions as are applicable to regular members of

 7  the Florida Retirement System under ss. 121.091(9), 121.122,

 8  and 121.091(5), respectively.

 9         5.  Eligible community college employees shall be

10  compulsory members of the Florida Retirement System until,

11  pursuant to the procedures set forth in s. 1012.875 240.3195,

12  the first day of the next full calendar month following the

13  filing of both a written election to withdraw and a completed

14  application for an individual contract or certificate with the

15  program administrator and receipt of such election by the

16  division.

17         Section 899.  Paragraph (a) of subsection (13) of

18  section 121.091, Florida Statutes, is amended to read:

19         121.091  Benefits payable under the system.--Benefits

20  may not be paid under this section unless the member has

21  terminated employment as provided in s. 121.021(39)(a) or

22  begun participation in the Deferred Retirement Option Program

23  as provided in subsection (13), and a proper application has

24  been filed in the manner prescribed by the department. The

25  department may cancel an application for retirement benefits

26  when the member or beneficiary fails to timely provide the

27  information and documents required by this chapter and the

28  department's rules. The department shall adopt rules

29  establishing procedures for application for retirement

30  benefits and for the cancellation of such application when the

31  required information or documents are not received.


                                 1645

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (13)  DEFERRED RETIREMENT OPTION PROGRAM.--In general,

 2  and subject to the provisions of this section, the Deferred

 3  Retirement Option Program, hereinafter referred to as the

 4  DROP, is a program under which an eligible member of the

 5  Florida  Retirement System may elect to participate, deferring

 6  receipt of retirement benefits while continuing employment

 7  with his or her Florida Retirement System employer. The

 8  deferred monthly benefits shall accrue in the System Trust

 9  Fund on behalf of the participant, plus interest compounded

10  monthly, for the specified period of the DROP participation,

11  as provided in paragraph (c). Upon termination of employment,

12  the participant shall receive the total DROP benefits and

13  begin to receive the previously determined normal retirement

14  benefits. Participation in the DROP does not guarantee

15  employment for the specified period of DROP.

16         (a)  Eligibility of member to participate in the

17  DROP.--All active Florida Retirement System members in a

18  regularly established position, and all active members of

19  either the Teachers' Retirement System established in chapter

20  238 or the State and County Officers' and Employees'

21  Retirement System established in chapter 122 which systems are

22  consolidated within the Florida Retirement System under s.

23  121.011, are eligible to elect participation in the DROP

24  provided that:

25         1.  The member is not a renewed member of the Florida

26  Retirement System under s. 121.122, or a member of the State

27  Community College System Optional Retirement Program under s.

28  121.051, the Senior Management Service Optional Annuity

29  Program under s. 121.055, or the optional retirement program

30  for the State University System under s. 121.35.

31  


                                 1646

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         2.  Except as provided in subparagraph 6., election to

 2  participate is made within 12 months immediately following the

 3  date on which the member first reaches normal retirement date,

 4  or, for a member who reaches normal retirement date based on

 5  service before he or she reaches age 62, or age 55 for Special

 6  Risk Class members, election to participate may be deferred to

 7  the 12 months immediately following the date the member

 8  attains 57, or age 52 for Special Risk Class members. For a

 9  member who first reached normal retirement date or the

10  deferred eligibility date described above prior to the

11  effective date of this section, election to participate shall

12  be made within 12 months after the effective date of this

13  section. A member who fails to make an election within such

14  12-month limitation period shall forfeit all rights to

15  participate in the DROP. The member shall advise his or her

16  employer and the division in writing of the date on which the

17  DROP shall begin. Such beginning date may be subsequent to the

18  12-month election period, but must be within the 60-month

19  limitation period as provided in subparagraph (b)1. When

20  establishing eligibility of the member to participate in the

21  DROP for the 60-month maximum participation period, the member

22  may elect to include or exclude any optional service credit

23  purchased by the member from the total service used to

24  establish the normal retirement date. A member with dual

25  normal retirement dates shall be eligible to elect to

26  participate in DROP within 12 months after attaining normal

27  retirement date in either class.

28         3.  The employer of a member electing to participate in

29  the DROP, or employers if dually employed, shall acknowledge

30  in writing to the division the date the member's participation

31  


                                 1647

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  in the DROP begins and the date the member's employment and

 2  DROP participation will terminate.

 3         4.  Simultaneous employment of a participant by

 4  additional Florida Retirement System employers subsequent to

 5  the commencement of participation in the DROP shall be

 6  permissible provided such employers acknowledge in writing a

 7  DROP termination date no later than the participant's existing

 8  termination date or the 60-month limitation period as provided

 9  in subparagraph (b)1.

10         5.  A DROP participant may change employers while

11  participating in the DROP, subject to the following:

12         a.  A change of employment must take place without a

13  break in service so that the member receives salary for each

14  month of continuous DROP participation.  If a member receives

15  no salary during a month, DROP participation shall cease

16  unless the employer verifies a continuation of the employment

17  relationship for such participant pursuant to s.

18  121.021(39)(b).

19         b.  Such participant and new employer shall notify the

20  division on forms required by the division as to the identity

21  of the new employer.

22         c.  The new employer shall acknowledge, in writing, the

23  participant's DROP termination date, which may be extended but

24  not beyond the original 60-month period provided in

25  subparagraph (b)1., shall acknowledge liability for any

26  additional retirement contributions and interest required if

27  the participant fails to timely terminate employment, and

28  shall be subject to the adjustment required in

29  sub-subparagraph (c)5.d.

30         6.  Effective July 1, 2001, for instructional personnel

31  as defined in s. 1012.01(2) 228.041(9)(a)-(d), election to


                                 1648

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  participate in the DROP shall be made at any time following

 2  the date on which the member first reaches normal retirement

 3  date. The member shall advise his or her employer and the

 4  division in writing of the date on which the Deferred

 5  Retirement Option Program shall begin. When establishing

 6  eligibility of the member to participate in the DROP for the

 7  60-month maximum participation period, as provided in

 8  subparagraph (b)1., the member may elect to include or exclude

 9  any optional service credit purchased by the member from the

10  total service used to establish the normal retirement date. A

11  member with dual normal retirement dates shall be eligible to

12  elect to participate in either class.

13         Section 900.  Subsection (2) of section 145.131,

14  Florida Statutes, is amended to read:

15         145.131  Repeal of other laws relating to compensation;

16  exceptions.--

17         (2)  The compensation of any official whose salary is

18  fixed by this chapter shall be the subject of general law

19  only, except that the compensation of certain school

20  superintendents may be set by school boards in accordance with

21  the provisions of s. 1001.47 230.303.

22         Section 901.  Subsection (2) of section 145.19, Florida

23  Statutes, is amended to read:

24         145.19  Annual percentage increases based on increase

25  for state career service employees; limitation.--

26         (2)  Each fiscal year, the salaries of all officials

27  listed in this chapter and s. 1001.47 ss. 230.202 and 230.303

28  shall be adjusted by the annual factor. The Department of

29  Management Services shall certify the annual factor and the

30  cumulative annual factors.  The adjusted salary rate shall be

31  the product, rounded to the nearest dollar, of the salary rate


                                 1649

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  granted by the appropriate section of this chapter multiplied

 2  first by the initial factor, then by the cumulative annual

 3  factor, and finally by the annual factor.  Any special

 4  qualification salary received under this chapter shall be

 5  added to such adjusted salary rate, which special

 6  qualification salary shall be $2,000, but shall not exceed

 7  $2,000.

 8         Section 902.  Section 153.77, Florida Statutes, is

 9  amended to read:

10         153.77  District bonds as securities for public

11  bodies.--All revenue bonds, general obligation bonds, or

12  assessment bonds issued pursuant to this law shall be and

13  constitute legal investments for state, county, municipal, and

14  all other public funds and for banks, savings banks, insurance

15  companies, executors, administrators, trustees, and all other

16  fiduciaries and shall also be and constitute securities

17  eligible as collateral security for all state, county,

18  municipal, or other public funds, subject to the restrictions

19  and limitations of chapters 18, 136, 237, 518, 655, 657, 658,

20  and 660-665, and 1011.

21         Section 903.  Subsection (22) of section 159.27,

22  Florida Statutes, is amended to read:

23         159.27  Definitions.--The following words and terms,

24  unless the context clearly indicates a different meaning,

25  shall have the following meanings:

26         (22)  "Educational facility" means:

27         (a)  Property, limited to a structure suitable for use

28  as a dormitory or other housing facility or a dining facility,

29  that is operated in the public sector and used for or useful

30  in connection with the operation of an institution for higher

31  education, as defined in s. 243.20(8), which offers the


                                 1650

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  baccalaureate or a higher degree and that is constructed in

 2  compliance with applicable codes as determined by appropriate

 3  state agencies.

 4         (b)  Property that comprises the buildings and

 5  equipment, structures, and special education use areas that

 6  are built, installed, or established to serve primarily the

 7  educational purposes of operating any nonprofit private

 8  preschool, kindergarten, elementary school, middle school, or

 9  high school that is established under chapter 617 or chapter

10  623, or that is owned or operated by an organization described

11  in s. 501(c)(3) of the United States Internal Revenue Code, or

12  operating any preschool, kindergarten, elementary school,

13  middle school, or high school that is owned or operated as

14  part of the state's system of public education, including, but

15  not limited to, a charter school or a developmental research

16  school operated under chapter 1002 228. The requirements of

17  this part for the financing of projects through local agencies

18  shall also apply to such schools. Bonds issued under the

19  provisions of this part for such schools shall not be deemed

20  to constitute a debt, liability, or obligation of the state or

21  any political subdivision thereof, or a pledge of the faith

22  and credit of the state or of any such political subdivision,

23  but shall be payable solely from the revenues provided

24  therefor.

25         Section 904.  Paragraph (h) of subsection (6) and

26  paragraph (a) of subsection (12) of section 163.3177, Florida

27  Statutes, are amended to read:

28         163.3177  Required and optional elements of

29  comprehensive plan; studies and surveys.--

30  

31  


                                 1651

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (6)  In addition to the requirements of subsections

 2  (1)-(5), the comprehensive plan shall include the following

 3  elements:

 4         (h)1.  An intergovernmental coordination element

 5  showing relationships and stating principles and guidelines to

 6  be used in the accomplishment of coordination of the adopted

 7  comprehensive plan with the plans of school boards and other

 8  units of local government providing services but not having

 9  regulatory authority over the use of land, with the

10  comprehensive plans of adjacent municipalities, the county,

11  adjacent counties, or the region, and with the state

12  comprehensive plan, as the case may require and as such

13  adopted plans or plans in preparation may exist.  This element

14  of the local comprehensive plan shall demonstrate

15  consideration of the particular effects of the local plan,

16  when adopted, upon the development of adjacent municipalities,

17  the county, adjacent counties, or the region, or upon the

18  state comprehensive plan, as the case may require.

19         a.  The intergovernmental coordination element shall

20  provide for procedures to identify and implement joint

21  planning areas, especially for the purpose of annexation,

22  municipal incorporation, and joint infrastructure service

23  areas.

24         b.  The intergovernmental coordination element shall

25  provide for recognition of campus master plans prepared

26  pursuant to s. 1013.30 240.155.

27         c.  The intergovernmental coordination element may

28  provide for a voluntary dispute resolution process as

29  established pursuant to s. 186.509 for bringing to closure in

30  a timely manner intergovernmental disputes.  A local

31  


                                 1652

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  government may develop and use an alternative local dispute

 2  resolution process for this purpose.

 3         2.  The intergovernmental coordination element shall

 4  further state principles and guidelines to be used in the

 5  accomplishment of coordination of the adopted comprehensive

 6  plan with the plans of school boards and other units of local

 7  government providing facilities and services but not having

 8  regulatory authority over the use of land.  In addition, the

 9  intergovernmental coordination element shall describe joint

10  processes for collaborative planning and decisionmaking on

11  population projections and public school siting, the location

12  and extension of public facilities subject to concurrency, and

13  siting facilities with countywide significance, including

14  locally unwanted land uses whose nature and identity are

15  established in an agreement. Within 1 year of adopting their

16  intergovernmental coordination elements, each county, all the

17  municipalities within that county, the district school board,

18  and any unit of local government service providers in that

19  county shall establish by interlocal or other formal agreement

20  executed by all affected entities, the joint processes

21  described in this subparagraph consistent with their adopted

22  intergovernmental coordination elements.

23         3.  To foster coordination between special districts

24  and local general-purpose governments as local general-purpose

25  governments implement local comprehensive plans, each

26  independent special district must submit a public facilities

27  report to the appropriate local government as required by s.

28  189.415.

29         4.  The state land planning agency shall establish a

30  schedule for phased completion and transmittal of plan

31  amendments to implement subparagraphs 1., 2., and 3. from all


                                 1653

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  jurisdictions so as to accomplish their adoption by December

 2  31, 1999.  A local government may complete and transmit its

 3  plan amendments to carry out these provisions prior to the

 4  scheduled date established by the state land planning agency.

 5  The plan amendments are exempt from the provisions of s.

 6  163.3187(1).

 7         (12)  A public school facilities element adopted to

 8  implement a school concurrency program shall meet the

 9  requirements of this subsection.

10         (a)  A public school facilities element shall be based

11  upon data and analyses that address, among other items, how

12  level-of-service standards will be achieved and maintained.

13  Such data and analyses must include, at a minimum, such items

14  as: the 5-year school district facilities work program adopted

15  pursuant to s. 1013.35 235.185; the educational plant survey

16  and an existing educational and ancillary plant map or map

17  series; information on existing development and development

18  anticipated for the next 5 years and the long-term planning

19  period; an analysis of problems and opportunities for existing

20  schools and schools anticipated in the future; an analysis of

21  opportunities to collocate future schools with other public

22  facilities such as parks, libraries, and community centers; an

23  analysis of the need for supporting public facilities for

24  existing and future schools; an analysis of opportunities to

25  locate schools to serve as community focal points; projected

26  future population and associated demographics, including

27  development patterns year by year for the upcoming 5-year and

28  long-term planning periods; and anticipated educational and

29  ancillary plants with land area requirements.

30         Section 905.  Paragraph (k) of subsection (2) of

31  section 163.3191, Florida Statutes, is amended to read:


                                 1654

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         163.3191  Evaluation and appraisal of comprehensive

 2  plan.--

 3         (2)  The report shall present an evaluation and

 4  assessment of the comprehensive plan and shall contain

 5  appropriate statements to update the comprehensive plan,

 6  including, but not limited to, words, maps, illustrations, or

 7  other media, related to:

 8         (k)  The coordination of the comprehensive plan with

 9  existing public schools and those identified in the applicable

10  5-year school district facilities work program adopted

11  pursuant to s. 1013.35 235.185. The assessment shall address,

12  where relevant, the success or failure of the coordination of

13  the future land use map and associated planned residential

14  development with public schools and their capacities, as well

15  as the joint decisionmaking processes engaged in by the local

16  government and the school board in regard to establishing

17  appropriate population projections and the planning and siting

18  of public school facilities. If the issues are not relevant,

19  the local government shall demonstrate that they are not

20  relevant.

21         Section 906.  Paragraph (b) of subsection (3) of

22  section 195.096, Florida Statutes, is amended to read:

23         195.096  Review of assessment rolls.--

24         (3)

25         (b)  When necessary for compliance with s. 1011.62

26  236.081, and for those counties not being studied in the

27  current year, the department shall project value-weighted mean

28  levels of assessment for each county. The department shall

29  make its projection based upon the best information available,

30  utilizing professionally accepted methodology, and shall

31  separately allocate changes in total assessed value to:


                                 1655

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         1.  New construction, additions, and deletions.

 2         2.  Changes in the value of the dollar.

 3         3.  Changes in the market value of property other than

 4  those attributable to changes in the value of the dollar.

 5         4.  Changes in the level of assessment.

 6  

 7  In lieu of the statistical and analytical measures published

 8  pursuant to paragraph (a), the department shall publish

 9  details concerning the computation of estimated assessment

10  levels and the allocation of changes in assessed value for

11  those counties not subject to an in-depth review.

12         Section 907.  Subsection (5) of section 196.012,

13  Florida Statutes, is amended to read:

14         196.012  Definitions.--For the purpose of this chapter,

15  the following terms are defined as follows, except where the

16  context clearly indicates otherwise:

17         (5)  "Educational institution" means a federal, state,

18  parochial, church, or private school, college, or university

19  conducting regular classes and courses of study required for

20  eligibility to certification by, accreditation to, or

21  membership in the State Department of Education of Florida,

22  Southern Association of Colleges and Schools, or the Florida

23  Council of Independent Schools; a nonprofit private school the

24  principal activity of which is conducting regular classes and

25  courses of study accepted for continuing postgraduate dental

26  education credit by a board of the Division of Medical Quality

27  Assurance; educational direct-support organizations created

28  pursuant to ss. 1001.24, 1004.28, and 1004.70 229.8021,

29  240.299, and 240.331; facilities located on the property of

30  eligible entities which will become owned by those entities on

31  a date certain; and institutions of higher education, as


                                 1656

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  defined under and participating in the Higher Educational

 2  Facilities Financing Act.

 3         Section 908.  Subsection (4) of section 196.031,

 4  Florida Statutes, is amended to read:

 5         196.031  Exemption of homesteads.--

 6         (4)  The property appraisers of the various counties

 7  shall each year compile a list of taxable property and its

 8  value removed from the assessment rolls of each school

 9  district as a result of the excess of exempt value above that

10  amount allowed for nonschool levies as provided in subsections

11  (1) and (3), as well as a statement of the loss of tax revenue

12  to each school district from levies other than the minimum

13  financial effort required pursuant to s. 1011.60(6) 236.02(6),

14  and shall deliver a copy thereof to the Department of Revenue

15  upon certification of the assessment roll to the tax

16  collector.

17         Section 909.  Section 196.1983, Florida Statutes, is

18  amended to read:

19         196.1983  Charter school exemption from ad valorem

20  taxes.--Any facility, or portion thereof, used to house a

21  charter school whose charter has been approved by the sponsor

22  and the governing board pursuant to s. 1002.33(9) 228.056(9)

23  shall be exempt from ad valorem taxes. For leasehold

24  properties, the landlord must certify by affidavit to the

25  charter school that the lease payments shall be reduced to the

26  extent of the exemption received.  The owner of the property

27  shall disclose to a charter school the full amount of the

28  benefit derived from the exemption and the method for ensuring

29  that the charter school receives such benefit.  The charter

30  school shall receive the full benefit derived from the

31  


                                 1657

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  exemption through either an annual or monthly credit to the

 2  charter school's lease payments.

 3         Section 910.  Paragraphs (a), (b), and (d) of

 4  subsection (3) of section 200.001, Florida Statutes, are

 5  amended to read:

 6         200.001  Millages; definitions and general

 7  provisions.--

 8         (3)  School millages shall be composed of five

 9  categories of millage rates, as follows:

10         (a)  Nonvoted required school operating millage, which

11  shall be that nonvoted millage rate set by the county school

12  board for current operating purposes and imposed pursuant to

13  s. 1011.60(6) 236.02(6).

14         (b)  Nonvoted discretionary school operating millage,

15  which shall be that nonvoted millage rate set by the county

16  school board for operating purposes other than the rate

17  imposed pursuant to s. 1011.60(6) 236.02(6) and other than the

18  rate authorized in s. 1011.71(2) 236.25(2).

19         (d)  Nonvoted district school capital improvement

20  millage, which shall be that millage rate set by the district

21  school board for capital improvements as authorized in s.

22  1011.71(2) 236.25(2).

23         Section 911.  Paragraph (a) of subsection (2),

24  paragraphs (c) and (d) of subsection (3), paragraph (a) of

25  subsection (9), subsection (10), and paragraph (b) of

26  subsection (12) of section 200.065, Florida Statutes, are

27  amended to read:

28         200.065  Method of fixing millage.--

29         (2)  No millage shall be levied until a resolution or

30  ordinance has been approved by the governing board of the

31  taxing authority which resolution or ordinance must be


                                 1658

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  approved by the taxing authority according to the following

 2  procedure:

 3         (a)1.  Upon preparation of a tentative budget, but

 4  prior to adoption thereof, each taxing authority shall compute

 5  a proposed millage rate necessary to fund the tentative budget

 6  other than the portion of the budget to be funded from sources

 7  other than ad valorem taxes.  In computing proposed or final

 8  millage rates, each taxing authority shall utilize not less

 9  than 95 percent of the taxable value certified pursuant to

10  subsection (1).

11         2.  The tentative budget of the county commission shall

12  be prepared and submitted in accordance with s. 129.03.

13         3.  The tentative budget of the school district shall

14  be prepared and submitted in accordance with chapter 1011 237,

15  provided that the date of submission shall not be later than

16  24 days after certification of value pursuant to subsection

17  (1).

18         4.  Taxing authorities other than the county and school

19  district shall prepare and consider tentative and final

20  budgets in accordance with this section and applicable

21  provisions of law, including budget procedures applicable to

22  the taxing authority, provided such procedures do not conflict

23  with general law.

24         (3)  The advertisement shall be no less than

25  one-quarter page in size of a standard size or a tabloid size

26  newspaper, and the headline in the advertisement shall be in a

27  type no smaller than 18 point.  The advertisement shall not be

28  placed in that portion of the newspaper where legal notices

29  and classified advertisements appear.  The advertisement shall

30  be published in a newspaper of general paid circulation in the

31  county or in a geographically limited insert of such


                                 1659

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  newspaper.  The geographic boundaries in which such insert is

 2  circulated shall include the geographic boundaries of the

 3  taxing authority.  It is the legislative intent that, whenever

 4  possible, the advertisement appear in a newspaper that is

 5  published at least 5 days a week unless the only newspaper in

 6  the county is published less than 5 days a week, or that the

 7  advertisement appear in a geographically limited insert of

 8  such newspaper which insert is published throughout the taxing

 9  authority's jurisdiction at least twice each week.  It is

10  further the legislative intent that the newspaper selected be

11  one of general interest and readership in the community and

12  not one of limited subject matter, pursuant to chapter 50.

13         (c)  For school districts which have proposed a millage

14  rate in excess of 100 percent of the rolled-back rate computed

15  pursuant to subsection (1) and which propose to levy nonvoted

16  millage in excess of the minimum amount required pursuant to

17  s. 1011.60(6) 236.02(6), the advertisement shall be in the

18  following form:

19  

20                 NOTICE OF PROPOSED TAX INCREASE

21  

22         The ...(name of school district)... will soon consider

23  a measure to increase its property tax levy.

24  Last year's property tax levy:

25         A.  Initially proposed tax levy.............$XX,XXX,XXX

26         B.  Less tax reductions due to Value Adjustment Board

27  and other assessment changes.....................($XX,XXX,XXX)

28         C.  Actual property tax levy................$XX,XXX,XXX

29  This year's proposed tax levy......................$XX,XXX,XXX

30         A portion of the tax levy is required under state law

31  in order for the school board to receive $...(amount A)... in


                                 1660

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  state education grants. The required portion has ...(increased

 2  or decreased)... by ...(amount B)... percent and represents

 3  approximately ...(amount C)... of the total proposed taxes.

 4         The remainder of the taxes is proposed solely at the

 5  discretion of the school board.

 6         All concerned citizens are invited to a public hearing

 7  on the tax increase to be held on ...(date and time)... at

 8  ...(meeting place)....

 9         A DECISION on the proposed tax increase and the budget

10  will be made at this hearing.

11  

12         1.  AMOUNT A shall be an estimate, provided by the

13  Department of Education, of the amount to be received in the

14  current fiscal year by the district from state appropriations

15  for the Florida Education Finance Program.

16         2.  AMOUNT B shall be the percent increase over the

17  rolled-back rate necessary to levy only the required local

18  effort in the current fiscal year, computed as though in the

19  preceding fiscal year only the required local effort was

20  levied.

21         3.  AMOUNT C shall be the quotient of required

22  local-effort millage divided by the total proposed nonvoted

23  millage, rounded to the nearest tenth and stated in words;

24  however, the stated amount shall not exceed nine-tenths.

25  

26         (d)  For school districts which have proposed a millage

27  rate in excess of 100 percent of the rolled-back rate computed

28  pursuant to subsection (1) and which propose to levy as

29  nonvoted millage only the minimum amount required pursuant to

30  s. 1011.60(6) 236.02(6), the advertisement shall be the same

31  


                                 1661

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  as provided in paragraph (c), except that the second and third

 2  paragraphs shall be replaced with the following paragraph:

 3  

 4         This increase is required under state law in order for

 5  the school board to receive $...(amount A)... in state

 6  education grants.

 7  

 8         (9)(a)  In addition to the notice required in

 9  subsection (3), a district school board shall publish a second

10  notice of intent to levy additional taxes under s. 1011.71(2)

11  236.25(2).  Such notice shall specify the projects or number

12  of school buses anticipated to be funded by such additional

13  taxes and shall be published in the size, within the time

14  periods, adjacent to, and in substantial conformity with the

15  advertisement required under subsection (3). The projects

16  shall be listed in priority within each category as follows:

17  construction and remodeling; maintenance, renovation, and

18  repair; motor vehicle purchases; new and replacement

19  equipment; payments for educational facilities and sites due

20  under a lease-purchase agreement; payments for renting and

21  leasing educational facilities and sites; payments of loans

22  approved pursuant to ss. 1011.14 237.161 and 1011.15 237.162;

23  payment of costs of compliance with environmental statutes and

24  regulations; and payment of costs of leasing relocatable

25  educational facilities. The additional notice shall be in the

26  following form, except that if the district school board is

27  proposing to levy the same millage under s. 1011.71(2)

28  236.25(2) which it levied in the prior year, the words

29  "continue to" shall be inserted before the word "impose" in

30  the first sentence, and except that the second sentence of the

31  


                                 1662

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  second paragraph shall be deleted if the district is

 2  advertising pursuant to paragraph (3)(e):

 3  

 4                     NOTICE OF TAX FOR SCHOOL

 5                          CAPITAL OUTLAY

 6  

 7         The ...(name of school district)... will soon consider

 8  a measure to impose a ...(number)... mill property tax for the

 9  capital outlay projects listed herein.

10         This tax is in addition to the school board's proposed

11  tax of ...(number)... mills for operating expenses and is

12  proposed solely at the discretion of the school board.  THE

13  PROPOSED COMBINED SCHOOL BOARD TAX INCREASE FOR BOTH OPERATING

14  EXPENSES AND CAPITAL OUTLAY IS SHOWN IN THE ADJACENT NOTICE.

15         The capital outlay tax will generate approximately

16  $...(amount)..., to be used for the following projects:

17  

18             ...(list of capital outlay projects)...

19  

20         All concerned citizens are invited to a public hearing

21  to be held on ...(date and time)... at ...(meeting place)....

22         A DECISION on the proposed CAPITAL OUTLAY TAXES will be

23  made at this hearing.

24  

25         (10)  Notwithstanding the provisions of paragraph

26  (2)(b) and s. 200.069(4)(c) to the contrary, the proposed

27  millage rates provided to the property appraiser by the taxing

28  authority, except for millage rates adopted by referendum, for

29  rates authorized by s. 1011.71 236.25, and for rates required

30  by law to be in a specified millage amount, shall be adjusted

31  in the event that a review notice is issued pursuant to s.


                                 1663

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  193.1142(4) and the taxable value on the approved roll is at

 2  variance with the taxable value certified pursuant to

 3  subsection (1).  The adjustment shall be made by the property

 4  appraiser, who shall notify the taxing authorities affected by

 5  the adjustment within 5 days of the date the roll is approved

 6  pursuant to s. 193.1142(4).  The adjustment shall be such as

 7  to provide for no change in the dollar amount of taxes levied

 8  from that initially proposed by the taxing authority.

 9         (12)

10         (b)  Within 30 days of the deadline for certification

11  of compliance required by s. 200.068, the department shall

12  notify any taxing authority in violation of this section that

13  it is subject to paragraph (c). Except for revenues from voted

14  levies or levies imposed pursuant to s. 1011.60(6) 236.02(6),

15  the revenues of any taxing authority in violation of this

16  section collected in excess of the rolled-back rate shall be

17  held in escrow until the process required by paragraph (c) is

18  completed and approved by the department. The department shall

19  direct the tax collector to so hold such funds.

20         Section 912.  Subsection (3) and paragraph (a) of

21  subsection (4) of section 200.069, Florida Statutes, are

22  amended to read:

23         200.069  Notice of proposed property taxes and non-ad

24  valorem assessments.--Pursuant to s. 200.065(2)(b), the

25  property appraiser, in the name of the taxing authorities and

26  local governing boards levying non-ad valorem assessments

27  within his or her jurisdiction and at the expense of the

28  county, shall prepare and deliver by first-class mail to each

29  taxpayer to be listed on the current year's assessment roll a

30  notice of proposed property taxes, which notice shall be in

31  substantially the following form. Notwithstanding the


                                 1664

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  provisions of s. 195.022, no county officer shall use a form

 2  other than that provided by the department for this purpose,

 3  except as provided in s. 200.065(13).

 4         (3)  There shall be under each column heading an entry

 5  for the county; the school district levy required pursuant to

 6  s. 1011.60(6) 236.02(6); other operating school levies; the

 7  municipality or municipal service taxing unit or units in

 8  which the parcel lies, if any; the water management district

 9  levying pursuant to s. 373.503; the independent special

10  districts in which the parcel lies, if any; and for all voted

11  levies for debt service applicable to the parcel, if any.

12         (4)  For each entry listed in subsection (3), there

13  shall appear on the notice the following:

14         (a)  In the first column, a brief, commonly used name

15  for the taxing authority or its governing body. The entry in

16  the first column for the levy required pursuant to s.

17  1011.60(6) 236.02(6) shall be "By State Law." The entry for

18  other operating school district levies shall be "By Local

19  Board." Both school levy entries shall be indented and

20  preceded by the notation "Public Schools:". For each voted

21  levy for debt service, the entry shall be "Voter Approved Debt

22  Payments."

23         Section 913.  Subsection (2) of section 201.24, Florida

24  Statutes, is amended to read:

25         201.24  Obligations of municipalities, political

26  subdivisions, and agencies of the state.--There shall be

27  exempt from all taxes imposed by this chapter:

28         (2)  Any assignment, transfer, or other disposition, or

29  any document, which arises out of a rental, lease, or

30  lease-purchase for real property agreement entered pursuant to

31  s. 1013.15(2) or (4) 235.056(2) or (3).


                                 1665

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 914.  Paragraph (b) of subsection (2) of

 2  section 210.20, Florida Statutes, is amended to read:

 3         210.20  Employees and assistants; distribution of

 4  funds.--

 5         (2)  As collections are received by the division from

 6  such cigarette taxes, it shall pay the same into a trust fund

 7  in the State Treasury designated "Cigarette Tax Collection

 8  Trust Fund" which shall be paid and distributed as follows:

 9         (b)  Beginning January 1, 1999, and continuing for 10

10  years thereafter, the division shall from month to month

11  certify to the Comptroller the amount derived from the

12  cigarette tax imposed by s. 210.02, less the service charges

13  provided for in s. 215.20 and less 0.9 percent of the amount

14  derived from the cigarette tax imposed by s. 210.02 which

15  shall be deposited into the Alcoholic Beverage and Tobacco

16  Trust Fund, specifying an amount equal to 2.59 percent of the

17  net collections, and that amount shall be paid to the Board of

18  Directors of the H. Lee Moffitt Cancer Center and Research

19  Institute, established under s. 1004.43 240.512, by warrant

20  drawn by the Comptroller upon the State Treasury. These funds

21  are hereby appropriated monthly out of the Cigarette Tax

22  Collection Trust Fund, to be used for the purpose of

23  constructing, furnishing, and equipping a cancer research

24  facility at the University of South Florida adjacent to the H.

25  Lee Moffitt Cancer Center and Research Institute.  In fiscal

26  years 1999-2000 and thereafter with the exception of fiscal

27  year 2008-2009, the appropriation to the H. Lee Moffitt Cancer

28  Center and Research Institute authorized by this paragraph

29  shall not be less than the amount which would have been paid

30  to the H. Lee Moffitt Cancer Center and Research Institute for

31  


                                 1666

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  fiscal year 1998-1999 had payments been made for the entire

 2  fiscal year rather than for a 6-month period thereof.

 3         Section 915.  Paragraph (a) of subsection (2) of

 4  section 212.04, Florida Statutes, is amended to read:

 5         212.04  Admissions tax; rate, procedure, enforcement.--

 6         (2)(a)1.  No tax shall be levied on admissions to

 7  athletic or other events sponsored by elementary schools,

 8  junior high schools, middle schools, high schools, community

 9  colleges, public or private colleges and universities, deaf

10  and blind schools, facilities of the youth services programs

11  of the Department of Children and Family Services, and state

12  correctional institutions when only student, faculty, or

13  inmate talent is used. However, this exemption shall not apply

14  to admission to athletic events sponsored by a an institution

15  within the state university System, and the proceeds of the

16  tax collected on such admissions shall be retained and used by

17  each institution to support women's athletics as provided in

18  s. 1006.71(2)(c) 240.533(3)(c).

19         2.a.  No tax shall be levied on dues, membership fees,

20  and admission charges imposed by not-for-profit sponsoring

21  organizations. To receive this exemption, the sponsoring

22  organization must qualify as a not-for-profit entity under the

23  provisions of s. 501(c)(3) of the Internal Revenue Code of

24  1954, as amended.

25         b.  No tax shall be levied on admission charges to an

26  event sponsored by a governmental entity, sports authority, or

27  sports commission when held in a convention hall, exhibition

28  hall, auditorium, stadium, theater, arena, civic center,

29  performing arts center, or publicly owned recreational

30  facility and when 100 percent of the risk of success or

31  failure lies with the sponsor of the event and 100 percent of


                                 1667

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the funds at risk for the event belong to the sponsor, and

 2  student or faculty talent is not exclusively used.  As used in

 3  this sub-subparagraph, the terms "sports authority" and

 4  "sports commission" mean a nonprofit organization that is

 5  exempt from federal income tax under s. 501(c)(3) of the

 6  Internal Revenue Code and that contracts with a county or

 7  municipal government for the purpose of promoting and

 8  attracting sports-tourism events to the community with which

 9  it contracts.

10         3.  No tax shall be levied on an admission paid by a

11  student, or on the student's behalf, to any required place of

12  sport or recreation if the student's participation in the

13  sport or recreational activity is required as a part of a

14  program or activity sponsored by, and under the jurisdiction

15  of, the student's educational institution, provided his or her

16  attendance is as a participant and not as a spectator.

17         4.  No tax shall be levied on admissions to the

18  National Football League championship game, on admissions to

19  any semifinal game or championship game of a national

20  collegiate tournament, or on admissions to a Major League

21  Baseball all-star game.

22         5.  A participation fee or sponsorship fee imposed by a

23  governmental entity as described in s. 212.08(6) for an

24  athletic or recreational program is exempt when the

25  governmental entity by itself, or in conjunction with an

26  organization exempt under s. 501(c)(3) of the Internal Revenue

27  Code of 1954, as amended, sponsors, administers, plans,

28  supervises, directs, and controls the athletic or recreational

29  program.

30         6.  Also exempt from the tax imposed by this section to

31  the extent provided in this subparagraph are admissions to


                                 1668

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  live theater, live opera, or live ballet productions in this

 2  state which are sponsored by an organization that has received

 3  a determination from the Internal Revenue Service that the

 4  organization is exempt from federal income tax under s.

 5  501(c)(3) of the Internal Revenue Code of 1954, as amended, if

 6  the organization actively participates in planning and

 7  conducting the event, is responsible for the safety and

 8  success of the event, is organized for the purpose of

 9  sponsoring live theater, live opera, or live ballet

10  productions in this state, has more than 10,000 subscribing

11  members and has among the stated purposes in its charter the

12  promotion of arts education in the communities which it

13  serves, and will receive at least 20 percent of the net

14  profits, if any, of the events which the organization sponsors

15  and will bear the risk of at least 20 percent of the losses,

16  if any, from the events which it sponsors if the organization

17  employs other persons as agents to provide services in

18  connection with a sponsored event. Prior to March 1 of each

19  year, such organization may apply to the department for a

20  certificate of exemption for admissions to such events

21  sponsored in this state by the organization during the

22  immediately following state fiscal year. The application shall

23  state the total dollar amount of admissions receipts collected

24  by the organization or its agents from such events in this

25  state sponsored by the organization or its agents in the year

26  immediately preceding the year in which the organization

27  applies for the exemption. Such organization shall receive the

28  exemption only to the extent of $1.5 million multiplied by the

29  ratio that such receipts bear to the total of such receipts of

30  all organizations applying for the exemption in such year;

31  however, in no event shall such exemption granted to any


                                 1669

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  organization exceed 6 percent of such admissions receipts

 2  collected by the organization or its agents in the year

 3  immediately preceding the year in which the organization

 4  applies for the exemption. Each organization receiving the

 5  exemption shall report each month to the department the total

 6  admissions receipts collected from such events sponsored by

 7  the organization during the preceding month and shall remit to

 8  the department an amount equal to 6 percent of such receipts

 9  reduced by any amount remaining under the exemption. Tickets

10  for such events sold by such organizations shall not reflect

11  the tax otherwise imposed under this section.

12         7.  Also exempt from the tax imposed by this section

13  are entry fees for participation in freshwater fishing

14  tournaments.

15         8.  Also exempt from the tax imposed by this section

16  are participation or entry fees charged to participants in a

17  game, race, or other sport or recreational event if spectators

18  are charged a taxable admission to such event.

19         9.  No tax shall be levied on admissions to any

20  postseason collegiate football game sanctioned by the National

21  Collegiate Athletic Association.

22         Section 916.  Effective July 1, 2003, paragraph (a) of

23  subsection (2) of section 212.04, Florida Statutes, as amended

24  by section 4 of chapter 2000-345, Laws of Florida, is amended

25  to read:

26         212.04  Admissions tax; rate, procedure, enforcement.--

27         (2)(a)1.  No tax shall be levied on admissions to

28  athletic or other events sponsored by elementary schools,

29  junior high schools, middle schools, high schools, community

30  colleges, public or private colleges and universities, deaf

31  and blind schools, facilities of the youth services programs


                                 1670

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  of the Department of Children and Family Services, and state

 2  correctional institutions when only student, faculty, or

 3  inmate talent is used. However, this exemption shall not apply

 4  to admission to athletic events sponsored by a an institution

 5  within the state university System, and the proceeds of the

 6  tax collected on such admissions shall be retained and used by

 7  each institution to support women's athletics as provided in

 8  s. 1006.71(2)(c) 240.533(3)(c).

 9         2.  No tax shall be levied on dues, membership fees,

10  and admission charges imposed by not-for-profit sponsoring

11  organizations. To receive this exemption, the sponsoring

12  organization must qualify as a not-for-profit entity under the

13  provisions of s. 501(c)(3) of the Internal Revenue Code of

14  1954, as amended.

15         3.  No tax shall be levied on an admission paid by a

16  student, or on the student's behalf, to any required place of

17  sport or recreation if the student's participation in the

18  sport or recreational activity is required as a part of a

19  program or activity sponsored by, and under the jurisdiction

20  of, the student's educational institution, provided his or her

21  attendance is as a participant and not as a spectator.

22         4.  No tax shall be levied on admissions to the

23  National Football League championship game, on admissions to

24  any semifinal game or championship game of a national

25  collegiate tournament, or on admissions to a Major League

26  Baseball all-star game.

27         5.  A participation fee or sponsorship fee imposed by a

28  governmental entity as described in s. 212.08(6) for an

29  athletic or recreational program is exempt when the

30  governmental entity by itself, or in conjunction with an

31  organization exempt under s. 501(c)(3) of the Internal Revenue


                                 1671

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Code of 1954, as amended, sponsors, administers, plans,

 2  supervises, directs, and controls the athletic or recreational

 3  program.

 4         6.  Also exempt from the tax imposed by this section to

 5  the extent provided in this subparagraph are admissions to

 6  live theater, live opera, or live ballet productions in this

 7  state which are sponsored by an organization that has received

 8  a determination from the Internal Revenue Service that the

 9  organization is exempt from federal income tax under s.

10  501(c)(3) of the Internal Revenue Code of 1954, as amended, if

11  the organization actively participates in planning and

12  conducting the event, is responsible for the safety and

13  success of the event, is organized for the purpose of

14  sponsoring live theater, live opera, or live ballet

15  productions in this state, has more than 10,000 subscribing

16  members and has among the stated purposes in its charter the

17  promotion of arts education in the communities which it

18  serves, and will receive at least 20 percent of the net

19  profits, if any, of the events which the organization sponsors

20  and will bear the risk of at least 20 percent of the losses,

21  if any, from the events which it sponsors if the organization

22  employs other persons as agents to provide services in

23  connection with a sponsored event. Prior to March 1 of each

24  year, such organization may apply to the department for a

25  certificate of exemption for admissions to such events

26  sponsored in this state by the organization during the

27  immediately following state fiscal year. The application shall

28  state the total dollar amount of admissions receipts collected

29  by the organization or its agents from such events in this

30  state sponsored by the organization or its agents in the year

31  immediately preceding the year in which the organization


                                 1672

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  applies for the exemption. Such organization shall receive the

 2  exemption only to the extent of $1.5 million multiplied by the

 3  ratio that such receipts bear to the total of such receipts of

 4  all organizations applying for the exemption in such year;

 5  however, in no event shall such exemption granted to any

 6  organization exceed 6 percent of such admissions receipts

 7  collected by the organization or its agents in the year

 8  immediately preceding the year in which the organization

 9  applies for the exemption. Each organization receiving the

10  exemption shall report each month to the department the total

11  admissions receipts collected from such events sponsored by

12  the organization during the preceding month and shall remit to

13  the department an amount equal to 6 percent of such receipts

14  reduced by any amount remaining under the exemption. Tickets

15  for such events sold by such organizations shall not reflect

16  the tax otherwise imposed under this section.

17         7.  Also exempt from the tax imposed by this section

18  are entry fees for participation in freshwater fishing

19  tournaments.

20         8.  Also exempt from the tax imposed by this section

21  are participation or entry fees charged to participants in a

22  game, race, or other sport or recreational event if spectators

23  are charged a taxable admission to such event.

24         9.  No tax shall be levied on admissions to any

25  postseason collegiate football game sanctioned by the National

26  Collegiate Athletic Association.

27         Section 917.  Section 212.0602, Florida Statutes, is

28  amended to read:

29         212.0602  Education; limited exemption.--To facilitate

30  investment in education and job training, there is also exempt

31  from the taxes levied under this chapter, subject to the


                                 1673

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  provisions of this section, the purchase or lease of

 2  materials, equipment, and other items or the license in or

 3  lease of real property by any entity, institution, or

 4  organization that is primarily engaged in teaching students to

 5  perform any of the activities or services described in s.

 6  212.031(1)(a)9., that conducts classes at a fixed location

 7  located in this state, that is licensed under chapter 1005

 8  246, and that has at least 500 enrolled students.  Any entity,

 9  institution, or organization meeting the requirements of this

10  section shall be deemed to qualify for the exemptions in ss.

11  212.031(1)(a)9. and 212.08(5)(f) and (12), and to qualify for

12  an exemption for its purchase or lease of materials,

13  equipment, and other items used for education or demonstration

14  of the school's curriculum, including supporting operations.

15  Nothing in this section shall preclude an entity described in

16  this section from qualifying for any other exemption provided

17  for in this chapter.

18         Section 918.  Paragraph (q) of subsection (5) of

19  section 212.08, Florida Statutes, is amended to read:

20         212.08  Sales, rental, use, consumption, distribution,

21  and storage tax; specified exemptions.--The sale at retail,

22  the rental, the use, the consumption, the distribution, and

23  the storage to be used or consumed in this state of the

24  following are hereby specifically exempt from the tax imposed

25  by this chapter.

26         (5)  EXEMPTIONS; ACCOUNT OF USE.--

27         (q)  Community contribution tax credit for donations.--

28         1.  Authorization.--Beginning July 1, 2001, persons who

29  are registered with the department under s. 212.18 to collect

30  or remit sales or use tax and who make donations to eligible

31  


                                 1674

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  sponsors are eligible for tax credits against their state

 2  sales and use tax liabilities as provided in this paragraph:

 3         a.  The credit shall be computed as 50 percent of the

 4  person's approved annual community contribution;

 5         b.  The credit shall be granted as a refund against

 6  state sales and use taxes reported on returns and remitted in

 7  the 12 months preceding the date of application to the

 8  department for the credit as required in sub-subparagraph 3.c.

 9  If the annual credit is not fully used through such refund

10  because of insufficient tax payments during the applicable

11  12-month period, the unused amount may be included in an

12  application for a refund made pursuant to sub-subparagraph

13  3.c. in subsequent years against the total tax payments made

14  for such year. Carryover credits may be applied for a 3-year

15  period without regard to any time limitation that would

16  otherwise apply under s. 215.26;

17         c.  No person shall receive more than $200,000 in

18  annual tax credits for all approved community contributions

19  made in any one year;

20         d.  All proposals for the granting of the tax credit

21  shall require the prior approval of the Office of Tourism,

22  Trade, and Economic Development;

23         e.  The total amount of tax credits which may be

24  granted for all programs approved under this paragraph, s.

25  220.183, and s. 624.5105 is $10 million annually; and

26         f.  A person who is eligible to receive the credit

27  provided for in this paragraph, s. 220.183, or s. 624.5105 may

28  receive the credit only under the one section of the person's

29  choice.

30         2.  Eligibility requirements.--

31  


                                 1675

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         a.  A community contribution by a person must be in the

 2  following form:

 3         (I)  Cash or other liquid assets;

 4         (II)  Real property;

 5         (III)  Goods or inventory; or

 6         (IV)  Other physical resources as identified by the

 7  Office of Tourism, Trade, and Economic Development.

 8         b.  All community contributions must be reserved

 9  exclusively for use in a project. As used in this

10  sub-subparagraph, the term "project" means any activity

11  undertaken by an eligible sponsor which is designed to

12  construct, improve, or substantially rehabilitate housing that

13  is affordable to low-income or very-low-income households as

14  defined in s. 420.9071(19) and (28); designed to provide

15  commercial, industrial, or public resources and facilities; or

16  designed to improve entrepreneurial and job-development

17  opportunities for low-income persons. A project may be the

18  investment necessary to increase access to high-speed

19  broadband capability in rural communities with enterprise

20  zones, including projects that result in improvements to

21  communications assets that are owned by a business. A project

22  may include the provision of museum educational programs and

23  materials that are directly related to any project approved

24  between January 1, 1996, and December 31, 1999, and located in

25  an enterprise zone as referenced in s. 290.00675. This

26  paragraph does not preclude projects that propose to construct

27  or rehabilitate housing for low-income or very-low-income

28  households on scattered sites. The Office of Tourism, Trade,

29  and Economic Development may reserve up to 50 percent of the

30  available annual tax credits for housing for very-low-income

31  households pursuant to s. 420.9071(28) for the first 6 months


                                 1676

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  of the fiscal year. With respect to housing, contributions may

 2  be used to pay the following eligible low-income and

 3  very-low-income housing-related activities:

 4         (I)  Project development impact and management fees for

 5  low-income or very-low-income housing projects;

 6         (II)  Down payment and closing costs for eligible

 7  persons, as defined in s. 420.9071(19) and (28);

 8         (III)  Administrative costs, including housing

 9  counseling and marketing fees, not to exceed 10 percent of the

10  community contribution, directly related to low-income or

11  very-low-income projects; and

12         (IV)  Removal of liens recorded against residential

13  property by municipal, county, or special district local

14  governments when satisfaction of the lien is a necessary

15  precedent to the transfer of the property to an eligible

16  person, as defined in s. 420.9071(19) and (28), for the

17  purpose of promoting home ownership. Contributions for lien

18  removal must be received from a nonrelated third party.

19         c.  The project must be undertaken by an "eligible

20  sponsor," which includes:

21         (I)  A community action program;

22         (II)  A nonprofit community-based development

23  organization whose mission is the provision of housing for

24  low-income or very-low-income households or increasing

25  entrepreneurial and job-development opportunities for

26  low-income persons;

27         (III)  A neighborhood housing services corporation;

28         (IV)  A local housing authority created under chapter

29  421;

30         (V)  A community redevelopment agency created under s.

31  163.356;


                                 1677

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (VI)  The Florida Industrial Development Corporation;

 2         (VII)  A historic preservation district agency or

 3  organization;

 4         (VIII)  A regional workforce board;

 5         (IX)  A direct-support organization as provided in s.

 6  1009.983 240.551;

 7         (X)  An enterprise zone development agency created

 8  under s. 290.0056;

 9         (XI)  A community-based organization incorporated under

10  chapter 617 which is recognized as educational, charitable, or

11  scientific pursuant to s. 501(c)(3) of the Internal Revenue

12  Code and whose bylaws and articles of incorporation include

13  affordable housing, economic development, or community

14  development as the primary mission of the corporation;

15         (XII)  Units of local government;

16         (XIII)  Units of state government; or

17         (XIV)  Any other agency that the Office of Tourism,

18  Trade, and Economic Development designates by rule.

19  

20  In no event may a contributing person have a financial

21  interest in the eligible sponsor.

22         d.  The project must be located in an area designated

23  an enterprise zone or a Front Porch Florida Community pursuant

24  to s. 14.2015(9)(b), unless the project increases access to

25  high-speed broadband capability for rural communities with

26  enterprise zones but is physically located outside the

27  designated rural zone boundaries. Any project designed to

28  construct or rehabilitate housing for low-income or

29  very-low-income households as defined in s. 420.0971(19) and

30  (28) is exempt from the area requirement of this

31  sub-subparagraph.


                                 1678

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         3.  Application requirements.--

 2         a.  Any eligible sponsor seeking to participate in this

 3  program must submit a proposal to the Office of Tourism,

 4  Trade, and Economic Development which sets forth the name of

 5  the sponsor, a description of the project, and the area in

 6  which the project is located, together with such supporting

 7  information as is prescribed by rule. The proposal must also

 8  contain a resolution from the local governmental unit in which

 9  the project is located certifying that the project is

10  consistent with local plans and regulations.

11         b.  Any person seeking to participate in this program

12  must submit an application for tax credit to the Office of

13  Tourism, Trade, and Economic Development which sets forth the

14  name of the sponsor, a description of the project, and the

15  type, value, and purpose of the contribution. The sponsor

16  shall verify the terms of the application and indicate its

17  receipt of the contribution, which verification must be in

18  writing and accompany the application for tax credit. The

19  person must submit a separate tax credit application to the

20  office for each individual contribution that it makes to each

21  individual project.

22         c.  Any person who has received notification from the

23  Office of Tourism, Trade, and Economic Development that a tax

24  credit has been approved must apply to the department to

25  receive the refund. Application must be made on the form

26  prescribed for claiming refunds of sales and use taxes and be

27  accompanied by a copy of the notification. A person may submit

28  only one application for refund to the department within any

29  12-month period.

30         4.  Administration.--

31  


                                 1679

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         a.  The Office of Tourism, Trade, and Economic

 2  Development may adopt rules pursuant to ss. 120.536(1) and

 3  120.54 necessary to administer this paragraph, including rules

 4  for the approval or disapproval of proposals by a person.

 5         b.  The decision of the Office of Tourism, Trade, and

 6  Economic Development must be in writing, and, if approved, the

 7  notification shall state the maximum credit allowable to the

 8  person. Upon approval, the office shall transmit a copy of the

 9  decision to the Department of Revenue.

10         c.  The Office of Tourism, Trade, and Economic

11  Development shall periodically monitor all projects in a

12  manner consistent with available resources to ensure that

13  resources are used in accordance with this paragraph; however,

14  each project must be reviewed at least once every 2 years.

15         d.  The Office of Tourism, Trade, and Economic

16  Development shall, in consultation with the Department of

17  Community Affairs, the Florida Housing Finance Corporation,

18  and the statewide and regional housing and financial

19  intermediaries, market the availability of the community

20  contribution tax credit program to community-based

21  organizations.

22         5.  Expiration.--This paragraph expires June 30, 2005;

23  however, any accrued credit carryover that is unused on that

24  date may be used until the expiration of the 3-year carryover

25  period for such credit.

26         Section 919.  Subsection (6) of section 213.053,

27  Florida Statutes, is amended to read:

28         213.053  Confidentiality and information sharing.--

29         (6)  Any information received by the Department of

30  Revenue in connection with the administration of taxes,

31  including, but not limited to, information contained in


                                 1680

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  returns, reports, accounts, or declarations filed by persons

 2  subject to tax, shall be made available by the department to

 3  the Auditor General or his or her authorized agent, the

 4  director of the Office of Program Policy Analysis and

 5  Government Accountability or his or her authorized agent, the

 6  Comptroller or his or her authorized agent, the Insurance

 7  Commissioner or his or her authorized agent, the Treasurer or

 8  his or her authorized agent, or a property appraiser or tax

 9  collector or their authorized agents pursuant to s.

10  195.084(1), in the performance of their official duties, or to

11  designated employees of the Department of Education solely for

12  determination of each school district's price level index

13  pursuant to s. 1011.62(2) 236.081(2); however, no information

14  shall be disclosed to the Auditor General or his or her

15  authorized agent, the director of the Office of Program Policy

16  Analysis and Government Accountability or his or her

17  authorized agent, the Comptroller or his or her authorized

18  agent, the Insurance Commissioner or his or her authorized

19  agent, the Treasurer or his or her authorized agent, or to a

20  property appraiser or tax collector or their authorized

21  agents, or to designated employees of the Department of

22  Education if such disclosure is prohibited by federal law. The

23  Auditor General or his or her authorized agent, the director

24  of the Office of Program Policy Analysis and Government

25  Accountability or his or her authorized agent, the Comptroller

26  or his or her authorized agent, the Treasurer or his or her

27  authorized agent, and the property appraiser or tax collector

28  and their authorized agents, or designated employees of the

29  Department of Education shall be subject to the same

30  requirements of confidentiality and the same penalties for

31  violation of the requirements as the department. For the


                                 1681

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  purpose of this subsection, "designated employees of the

 2  Department of Education" means only those employees directly

 3  responsible for calculation of price level indices pursuant to

 4  s. 1011.62(2) 236.081(2). It does not include the supervisors

 5  of such employees or any other employees or elected officials

 6  within the Department of Education.

 7         Section 920.  Paragraph (j) of subsection (4) of

 8  section 215.20, Florida Statutes, is amended to read:

 9         215.20  Certain income and certain trust funds to

10  contribute to the General Revenue Fund.--

11         (4)  The income of a revenue nature deposited in the

12  following described trust funds, by whatever name designated,

13  is that from which the deductions authorized by subsection (3)

14  shall be made:

15         (j)  The Educational Certification and Service Trust

16  Fund created by s. 1012.59 231.30.

17  

18  The enumeration of the foregoing moneys or trust funds shall

19  not prohibit the applicability thereto of s. 215.24 should the

20  Governor determine that for the reasons mentioned in s. 215.24

21  the money or trust funds should be exempt herefrom, as it is

22  the purpose of this law to exempt income from its force and

23  effect when, by the operation of this law, federal matching

24  funds or contributions or private grants to any trust fund

25  would be lost to the state.

26         Section 921.  Subsection (2) of section 215.82, Florida

27  Statutes, is amended to read:

28         215.82  Validation; when required.--

29         (2)  Any bonds issued pursuant to this act which are

30  validated shall be validated in the manner provided by chapter

31  75. In actions to validate bonds to be issued in the name of


                                 1682

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the State Board of Education under s. 9(a) and (d), Art. XII

 2  of the State Constitution and bonds to be issued pursuant to

 3  chapter 259, the Land Conservation Act of 1972, the complaint

 4  shall be filed in the circuit court of the county where the

 5  seat of state government is situated, the notice required to

 6  be published by s. 75.06 shall be published only in the county

 7  where the complaint is filed, and the complaint and order of

 8  the circuit court shall be served only on the state attorney

 9  of the circuit in which the action is pending. In any action

10  to validate bonds issued pursuant to ss. 1010.61-1010.619 part

11  I of chapter 243 or issued pursuant to s. 9(a)(1), Art. XII of

12  the State Constitution or issued pursuant to s. 215.605 or s.

13  338.227, the complaint shall be filed in the circuit court of

14  the county where the seat of state government is situated, the

15  notice required to be published by s. 75.06 shall be published

16  in a newspaper of general circulation in the county where the

17  complaint is filed and in two other newspapers of general

18  circulation in the state, and the complaint and order of the

19  circuit court shall be served only on the state attorney of

20  the circuit in which the action is pending; provided, however,

21  that if publication of notice pursuant to this section would

22  require publication in more newspapers than would publication

23  pursuant to s. 75.06, such publication shall be made pursuant

24  to s. 75.06.

25         Section 922.  Subsection (7) of section 216.181,

26  Florida Statutes, is amended to read:

27         216.181  Approved budgets for operations and fixed

28  capital outlay.--

29         (7)  The Executive Office of the Governor may, for the

30  purpose of improved contract administration, authorize the

31  consolidation of two or more fixed capital outlay


                                 1683

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  appropriations for an agency, and the Chief Justice of the

 2  Supreme Court for the judicial branch, except for projects

 3  authorized under chapter 1013 235, provided the original scope

 4  and purpose of each project are not changed.

 5         Section 923.  Subsection (3) of section 216.301,

 6  Florida Statutes, is amended to read:

 7         216.301  Appropriations; undisbursed balances.--

 8         (3)  Notwithstanding the provisions of subsection (2),

 9  the unexpended balance of any appropriation for fixed capital

10  outlay subject to but not under the terms of a binding

11  contract or a general construction contract prior to February

12  1 of the second fiscal year, or the third fiscal year if it is

13  for an educational facility as defined in chapter 1013 235 or

14  a construction project of the Board of Regents, of the

15  appropriation shall revert on February 1 of such year to the

16  fund from which appropriated and shall be available for

17  reappropriation. The Executive Office of the Governor shall,

18  not later than February 20 of each year, furnish the

19  Comptroller, the legislative appropriations committees, and

20  the Auditor General a report listing in detail the items and

21  amounts reverting under the authority of this subsection,

22  including the fund to which reverted and the agency affected.

23         Section 924.  Paragraphs (e) and (f) of subsection (1)

24  of section 218.39, Florida Statutes, are amended to read:

25         218.39  Annual financial audit reports.--

26         (1)  If, by the first day in any fiscal year, a local

27  governmental entity, district school board, charter school, or

28  charter technical career center has not been notified that a

29  financial audit for that fiscal year will be performed by the

30  Auditor General, each of the following entities shall have an

31  annual financial audit of its accounts and records completed


                                 1684

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  within 12 months after the end of its fiscal year by an

 2  independent certified public accountant retained by it and

 3  paid from its public funds:

 4         (e)  Each charter school established under s. 1002.33

 5  228.056.

 6         (f)  Each charter technical center established under s.

 7  1002.34 228.505.

 8         Section 925.  Paragraph (c) of subsection (2) of

 9  section 220.183, Florida Statutes, is amended to read:

10         220.183  Community contribution tax credit.--

11         (2)  ELIGIBILITY REQUIREMENTS.--

12         (c)  The project must be undertaken by an "eligible

13  sponsor," defined here as:

14         1.  A community action program;

15         2.  A nonprofit community-based development

16  organization whose mission is the provision of housing for

17  low-income or very-low-income households or increasing

18  entrepreneurial and job-development opportunities for

19  low-income persons;

20         3.  A neighborhood housing services corporation;

21         4.  A local housing authority, created pursuant to

22  chapter 421;

23         5.  A community redevelopment agency, created pursuant

24  to s. 163.356;

25         6.  The Florida Industrial Development Corporation;

26         7.  An historic preservation district agency or

27  organization;

28         8.  A regional workforce board;

29         9.  A direct-support organization as provided in s.

30  1009.983 240.551;

31  


                                 1685

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         10.  An enterprise zone development agency created

 2  pursuant to s. 290.0056;

 3         11.  A community-based organization incorporated under

 4  chapter 617 which is recognized as educational, charitable, or

 5  scientific pursuant to s. 501(c)(3) of the Internal Revenue

 6  Code and whose bylaws and articles of incorporation include

 7  affordable housing, economic development, or community

 8  development as the primary mission of the corporation;

 9         12.  Units of local government;

10         13.  Units of state government; or

11         14.  Such other agency as the Office of Tourism, Trade,

12  and Economic Development may, from time to time, designate by

13  rule.

14  

15  In no event shall a contributing business firm have a

16  financial interest in the eligible sponsor.

17         Section 926.  Subsection (1) of section 222.22, Florida

18  Statutes, is amended to read:

19         222.22  Exemption of moneys in the Prepaid College

20  Trust Fund or in a Medical Savings Account from legal

21  process.--

22         (1)(a)  Moneys paid into or out of the Florida Prepaid

23  College Trust Fund by or on behalf of a purchaser or qualified

24  beneficiary pursuant to an advance payment contract made under

25  part IV of chapter 1009 s. 240.551, which contract has not

26  been terminated, are not liable to attachment, garnishment, or

27  legal process in the state in favor of any creditor of the

28  purchaser or beneficiary of such advance payment contract.

29         (b)  Moneys paid into or out of the Prepaid College

30  Trust Fund by or on behalf of a benefactor or designated

31  beneficiary pursuant to a participation agreement made under


                                 1686

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  s. 1009.981 240.553, which agreement has not been terminated,

 2  are not liable to attachment, garnishment, or legal process in

 3  the state in favor of any creditor of the purchaser or

 4  beneficiary of such participation agreement.

 5         Section 927.  Subsection (4) of section 250.115,

 6  Florida Statutes, is amended to read:

 7         250.115  Department of Military Affairs direct-support

 8  organization.--

 9         (4)  ACTIVITIES; RESTRICTIONS.--Any transaction or

10  agreement between the direct-support organization organized

11  pursuant to this section and another direct-support

12  organization or center of technology innovation designated

13  under s. 1004.77 240.3335 must be approved by the Adjutant

14  General.

15         Section 928.  Section 255.0515, Florida Statutes, is

16  amended to read:

17         255.0515  Bids for state contracts; substitution of

18  subcontractors.--With respect to state contracts let pursuant

19  to competitive bidding, whether under chapter 1013 235,

20  relating to educational facilities, or this chapter, relating

21  to public buildings, the contractor shall not remove or

22  replace subcontractors listed in the bid subsequent to the

23  lists being made public at the bid opening, except upon good

24  cause shown.

25         Section 929.  Section 255.0516, Florida Statutes, is

26  amended to read:

27         255.0516  Bid protests by educational boards.--With

28  respect to state contracts and bids pursuant to competitive

29  bidding, whether under chapter 1013 235, relating to

30  educational facilities, or under this chapter, relating to

31  public buildings, if a school board, a community college board


                                 1687

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  of trustees, or a state university board of trustees the Board

 2  of Regents uses procedures pursuant to chapter 120 for bid

 3  protests, the board may require the protestor to post a bond

 4  amounting to:

 5         (1)  Twenty-five thousand dollars or 2 percent of the

 6  lowest accepted bid, whichever is greater, for projects valued

 7  over $500,000; and

 8         (2)  Five percent of the lowest accepted bid for all

 9  other projects,

10  

11  conditioned upon payment of all costs and fees which may be

12  adjudged against the protestor in the administrative hearing.

13  If at the hearing the agency prevails, it shall recover all

14  costs and attorney's fees from the protestor; if the protestor

15  prevails, the protestor shall recover from the agency all

16  costs and attorney's fees.

17         Section 930.  Paragraph (e) of subsection (1) of

18  section 265.2861, Florida Statutes, is amended to read:

19         265.2861  Cultural Institutions Program; trust fund.--

20         (1)  CULTURAL INSTITUTIONS TRUST FUND.--There is

21  created a Cultural Institutions Trust Fund to be administered

22  by the Department of State for the purposes set forth in this

23  section and to support the following programs as follows:

24         (e)1.  For the officially designated Art Museum of the

25  State of Florida described in s. 1004.45 240.711, $2.2

26  million, and for state-owned cultural facilities assigned to

27  the Department of State, which receive a portion of any

28  operating funds from the Department of State and one of the

29  primary purposes of which is the presentation of fine arts or

30  performing arts, $500,000.

31  


                                 1688

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         2.  For fiscal year 2001-2002 only, the provisions of

 2  subparagraph 1. relating to state-owned cultural facilities

 3  shall not be applicable. This subparagraph expires July 1,

 4  2002.

 5  

 6  The trust fund shall consist of moneys appropriated by the

 7  Legislature, moneys deposited pursuant to s. 607.1901(2), and

 8  moneys contributed to the fund from any other source.

 9         Section 931.  Paragraph (d) of subsection (5) of

10  section 265.603, Florida Statutes, is amended to read:

11         265.603  Definitions relating to Cultural Endowment

12  Program.--The following terms and phrases when used in ss.

13  265.601-265.607 shall have the meaning ascribed to them in

14  this section, except where the context clearly indicates a

15  different meaning:

16         (5)  "Sponsoring organization" means a cultural

17  organization which:

18         (d)  Is primarily and directly responsible for

19  conducting, creating, producing, presenting, staging, or

20  sponsoring a cultural exhibit, performance, or event.  This

21  provision includes museums owned and operated by political

22  subdivisions of the state, except those constituted pursuant

23  to s. 1004.67 240.317.

24         Section 932.  Subsection (8) of section 267.173,

25  Florida Statutes, is amended to read:

26         267.173  Historic preservation in West Florida; goals;

27  contracts for historic preservation; powers and duties.--

28         (8)  Notwithstanding any other provision of law, the

29  University of West Florida and its direct-support organization

30  are eligible to match state funds in the Trust Fund for Major

31  Gifts established pursuant to s. 1011.94 240.2605.


                                 1689

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 933.  Subsections (4), (5), (7), and (9) of

 2  section 267.1732, Florida Statutes, are amended to read:

 3         267.1732  Direct-support organization.--

 4         (4)  The university may authorize a direct-support

 5  organization to use its property (except money), facilities,

 6  and personal services, subject to the provisions of this

 7  section and s. 1004.28 240.299.  A direct-support organization

 8  that does not provide equal employment opportunities to all

 9  persons regardless of race, color, religion, sex, age, or

10  national origin may not use the property, facilities, or

11  personal services of the university.  For the purposes of this

12  subsection, the term "personal services" includes full-time

13  personnel and part-time personnel as well as payroll

14  processing.

15         (5)  The university shall establish policies and may

16  adopt rules pursuant to s. 1004.28 240.299 prescribing the

17  procedures by which the direct-support organization is

18  governed and any conditions with which a direct-support

19  organization must comply to use property, facilities, or

20  personal services of the university.

21         (7)  The direct-support organization shall provide for

22  an annual financial and compliance audit in accordance with s.

23  1004.28 of its financial accounts and records by an

24  independent certified public accountant in accordance with s.

25  251.981 and generally accepted accounting standards. The

26  annual audit report must be submitted to the university for

27  review and approval. The university, the Auditor General, and

28  others authorized in s. 240.299 shall have the authority to

29  require and receive from the direct-support organization, or

30  from its independent auditor, any detail or supplemental data

31  relative to the operation of the organization. Upon approval,


                                 1690

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the university shall certify the audit report to the Auditor

 2  General for review.

 3         (9)  Provisions governing direct-support organizations

 4  in s. 1004.28 240.99 and not provided in this section shall

 5  apply to the direct-support organization.

 6         Section 934.  Subsection (9) of section 282.005,

 7  Florida Statutes, is amended to read:

 8         282.005  Legislative findings and intent.--The

 9  Legislature finds that:

10         (9)  To ensure the best management of the state's

11  information technology and notwithstanding other provisions of

12  law to the contrary, the functions of information technology

13  are hereby assigned to the university boards of trustees Board

14  of Regents as the agency responsible for the development and

15  implementation of policy, planning, management, rulemaking,

16  standards, and guidelines for the state universities State

17  University System; to the community college boards of trustees

18  State Board of Community Colleges as the agency responsible

19  for establishing and developing rules and policies for the

20  community colleges Florida Community College System; to the

21  Supreme Court, for the judicial branch; to each state attorney

22  and public defender; and to the State Technology Office for

23  the executive branch of state government.

24         Section 935.  Subsections (1) and (3) of section

25  282.103, Florida Statutes, are amended to read:

26         282.103  SUNCOM Network; exemptions from the required

27  use.--

28         (1)  There is created within the State Technology

29  Office the SUNCOM Network which shall be developed to serve as

30  the state communications system for providing local and

31  long-distance communications services to state agencies,


                                 1691

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  political subdivisions of the state, municipalities, state

 2  universities, and nonprofit corporations pursuant to ss.

 3  282.101-282.111. The SUNCOM Network shall be developed to

 4  transmit all types of communications signals, including, but

 5  not limited to, voice, data, video, image, and radio. State

 6  agencies shall cooperate and assist in the development and

 7  joint use of communications systems and services.

 8         (3)  All state agencies and state universities are

 9  required to use the SUNCOM Network for agency and state

10  university communications services as the services become

11  available; however, no agency or university is relieved of

12  responsibility for maintaining communications services

13  necessary for effective management of its programs and

14  functions. If a SUNCOM Network service does not meet the

15  communications requirements of an agency or university, the

16  agency or university shall notify the State Technology Office

17  in writing and detail the requirements for that communications

18  service. If the office is unable to meet an agency's or

19  university's requirements by enhancing SUNCOM Network service,

20  the office may grant the agency or university an exemption

21  from the required use of specified SUNCOM Network services.

22         Section 936.  Subsection (4) of section 282.105,

23  Florida Statutes, is amended to read:

24         282.105  Use of state SUNCOM Network by nonprofit

25  corporations.--

26         (4)  Institutions qualified to participate in the

27  William L. Boyd, IV, Florida Resident Access Grant Program

28  pursuant to s. 1009.89 240.605 shall be eligible to use the

29  state SUNCOM Network, subject to the terms and conditions of

30  the office. Such entities shall not be required to satisfy the

31  other criteria of this section.


                                 1692

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 937.  Section 282.106, Florida Statutes, is

 2  amended to read:

 3         282.106  Use of SUNCOM Network by libraries.--The State

 4  Technology Office may provide SUNCOM Network services to any

 5  library in the state, including libraries in public schools,

 6  community colleges, state universities the State University

 7  System, and nonprofit private postsecondary educational

 8  institutions, and libraries owned and operated by

 9  municipalities and political subdivisions.

10         Section 938.  Section 282.3031, Florida Statutes, is

11  amended to read:

12         282.3031  Assignment of information resources

13  management responsibilities.--For purposes of ss.

14  282.303-282.322, to ensure the best management of state

15  information technology resources, and notwithstanding other

16  provisions of law to the contrary, the functions of

17  information resources management are hereby assigned to the

18  university boards of trustees Board of Regents as the agency

19  responsible for the development and implementation of policy,

20  planning, management, rulemaking, standards, and guidelines

21  for the state universities State University System; to the

22  community college boards of trustees State Board of Community

23  Colleges as the agency responsible for establishing and

24  developing rules and policies for the community colleges

25  Florida Community College System; to the Supreme Court for the

26  judicial branch; to each state attorney and public defender;

27  and to the State Technology Office for the agencies within the

28  executive branch of state government.

29         Section 939.  Subsection (1) of section 282.3063,

30  Florida Statutes, is amended to read:

31  


                                 1693

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         282.3063  Agency Annual Enterprise Resource Planning

 2  and Management Report.--

 3         (1)  By September 1 of each year, and for the State

 4  University System within 90 days after completion of the

 5  expenditure analysis developed pursuant to s. 240.271(4), each

 6  Agency Chief Information Officer shall prepare and submit to

 7  the State Technology Office an Agency Annual Enterprise

 8  Resource Planning and Management Report.  Following

 9  consultation with the State Technology Office and the Agency

10  Chief Information Officers Council, the Executive Office of

11  the Governor and the fiscal committees of the Legislature

12  shall jointly develop and issue instructions for the format

13  and contents of the report.

14         Section 940.  Subsection (2) of section 282.310,

15  Florida Statutes, is amended to read:

16         282.310  State Annual Report on Enterprise Resource

17  Planning and Management.--

18         (2)  The State Annual Report on Enterprise Resource

19  Planning and Management shall contain, at a minimum, the

20  following:

21         (a)  The state vision for enterprise resource planning

22  and management.

23         (b)  A forecast of the state enterprise resource

24  planning and management priorities and initiatives for the

25  ensuing 2 years.

26         (c)  A summary of major statewide policies recommended

27  by the State Technology Office for enterprise resource

28  planning and management.

29         (d)  A summary of memoranda issued by the Executive

30  Office of the Governor.

31  


                                 1694

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (e)  An assessment of the overall progress toward an

 2  integrated electronic system for deploying government

 3  products, services, and information to individuals and

 4  businesses and state enterprise resource planning and

 5  management initiatives and priorities for the past fiscal

 6  year.

 7         (f)  A summary of major statewide issues related to

 8  improving enterprise resource planning and management by the

 9  state.

10         (g)  An inventory list, by major categories, of state

11  information technology resources.

12         (h)  A summary of the total agency expenditures or

13  descriptions of agreements, contracts, or partnerships for

14  enterprise resource planning and management and of

15  enterprise-wide procurements done by the office on behalf of

16  the state.

17         (i)  A summary of the opportunities for government

18  agencies or entities to share enterprise resource planning and

19  management projects or initiatives with other governmental or

20  private sector entities.

21  

22  The state annual report shall also include enterprise resource

23  planning and management information from the annual reports

24  prepared by the state universities and the community colleges

25  Board of Regents for the State University System, from the

26  State Board of Community Colleges for the Florida Community

27  College System, from the Supreme Court for the judicial

28  branch, and from the Justice Administrative Commission on

29  behalf of the state attorneys and public defenders.

30  Expenditure information shall be taken from each agency's

31  annual report as well as the annual reports of the state


                                 1695

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  universities and the community colleges Board of Regents, the

 2  State Board of Community Colleges, the Supreme Court, and the

 3  Justice Administrative Commission.

 4         Section 941.  Section 284.34, Florida Statutes, is

 5  amended to read:

 6         284.34  Professional medical liability of the

 7  university boards of trustees Board of Regents and nuclear

 8  energy liability excluded.--Unless specifically authorized by

 9  the Department of Insurance, no coverages shall be provided by

10  this fund for professional medical liability insurance for the

11  university boards of trustees Board of Regents or the

12  physicians, officers, employees, or agents of any the board or

13  for liability related to nuclear energy which is ordinarily

14  subject to the standard nuclear energy liability exclusion of

15  conventional liability insurance policies.  This section does

16  shall not affect be construed as affecting the self-insurance

17  programs of the university boards of trustees Board of Regents

18  established pursuant to s. 1004.24 240.213.

19         Section 942.  Paragraph (b) of subsection (2) of

20  section 285.18, Florida Statutes, is amended to read:

21         285.18  Tribal council as governing body; powers and

22  duties.--

23         (2)  The governing bodies of the special improvement

24  districts shall have the duty and power:

25         (b)  To contract with the district school board of any

26  district adjoining the local school district, when deemed

27  necessary by the tribal council, to provide public education

28  and educational programs for their members, notwithstanding

29  the provisions of s. 1001.42 230.23 that authorize school

30  boards to establish attendance areas for their districts or

31  approve plans for attendance in other districts.


                                 1696

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 943.  Paragraph (a) of subsection (2) of

 2  section 287.042, Florida Statutes, is amended to read:

 3         287.042  Powers, duties, and functions.--The department

 4  shall have the following powers, duties, and functions:

 5         (2)(a)  To plan and coordinate purchases in volume and

 6  to negotiate and execute purchasing agreements and contracts

 7  for commodities and contractual services under which state

 8  agencies shall make purchases pursuant to s. 287.056, and

 9  under which a federal, county, municipality, institutions

10  qualified to participate in the William L. Boyd, IV, Florida

11  Resident Access Grant Program pursuant to s. 1009.89 240.605,

12  private nonprofit community transportation coordinator

13  designated pursuant to chapter 427, while conducting business

14  related solely to the Commission for the Transportation

15  Disadvantaged, or other local public agency may make

16  purchases. The department may restrict purchases from some

17  term contracts to state agencies only for those term contracts

18  where the inclusion of other governmental entities will have

19  an adverse effect on competition or to those federal

20  facilities located in this state. In such planning or

21  purchasing the Office of Supplier Diversity may monitor to

22  ensure that opportunities are afforded for contracting with

23  minority business enterprises. The department, for state term

24  contracts, and all agencies, for multiyear contractual

25  services or term contracts, shall explore reasonable and

26  economical means to utilize certified minority business

27  enterprises. Purchases by any county, municipality, private

28  nonprofit community transportation coordinator designated

29  pursuant to chapter 427, while conducting business related

30  solely to the Commission for the Transportation Disadvantaged,

31  or other local public agency under the provisions in the state


                                 1697

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  purchasing contracts, and purchases, from the corporation

 2  operating the correctional work programs, of products or

 3  services that are subject to paragraph (1)(f), are exempt from

 4  the competitive sealed bid requirements otherwise applying to

 5  their purchases.

 6         Section 944.  Paragraph (c) of subsection (9) and

 7  subsections (10) and (11) of section 287.055, Florida

 8  Statutes, are amended to read:

 9         287.055  Acquisition of professional architectural,

10  engineering, landscape architectural, or surveying and mapping

11  services; definitions; procedures; contingent fees prohibited;

12  penalties.--

13         (9)  APPLICABILITY TO DESIGN-BUILD CONTRACTS.--

14         (c)  Except as otherwise provided in s. 240.209(3) or

15  s. 337.11(7), the Department of Management Services shall

16  adopt rules for the award of design-build contracts to be

17  followed by state agencies.  Each other agency must adopt

18  rules or ordinances for the award of design-build contracts.

19  Municipalities, political subdivisions, school districts, and

20  school boards shall award design-build contracts by the use of

21  a competitive proposal selection process as described in this

22  subsection, or by the use of a qualifications-based selection

23  process pursuant to subsections (3), (4), and (5) for entering

24  into a contract whereby the selected firm will subsequently

25  establish a guaranteed maximum price and guaranteed completion

26  date.  If the procuring agency elects the option of

27  qualifications-based selection, during the selection of the

28  design-build firm the procuring agency shall employ or retain

29  a licensed design professional appropriate to the project to

30  serve as the agency's representative.  Procedures for the use

31  


                                 1698

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  of a competitive proposal selection process must include as a

 2  minimum the following:

 3         1.  The preparation of a design criteria package for

 4  the design and construction of the public construction

 5  project.

 6         2.  The qualification and selection of no fewer than

 7  three design-build firms as the most qualified, based on the

 8  qualifications, availability, and past work of the firms,

 9  including the partners or members thereof.

10         3.  The criteria, procedures, and standards for the

11  evaluation of design-build contract proposals or bids, based

12  on price, technical, and design aspects of the public

13  construction project, weighted for the project.

14         4.  The solicitation of competitive proposals, pursuant

15  to a design criteria package, from those qualified

16  design-build firms and the evaluation of the responses or bids

17  submitted by those firms based on the evaluation criteria and

18  procedures established prior to the solicitation of

19  competitive proposals.

20         5.  For consultation with the employed or retained

21  design criteria professional concerning the evaluation of the

22  responses or bids submitted by the design-build firms, the

23  supervision or approval by the agency of the detailed working

24  drawings of the project; and for evaluation of the compliance

25  of the project construction with the design criteria package

26  by the design criteria professional.

27         6.  In the case of public emergencies, for the agency

28  head to declare an emergency and authorize negotiations with

29  the best qualified design-build firm available at that time.

30         (10)  REUSE OF EXISTING PLANS.--Notwithstanding any

31  other provision of this section, there shall be no public


                                 1699

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  notice requirement or utilization of the selection process as

 2  provided in this section for projects in which the agency is

 3  able to reuse existing plans from a prior project of the

 4  agency, or, in the case of a board as defined in s. 1013.01

 5  chapter 235, a prior project of that or any other board.

 6  Except for plans of a board as defined in s. 1013.01 chapter

 7  235, public notice for any plans that are intended to be

 8  reused at some future time must contain a statement that

 9  provides that the plans are subject to reuse in accordance

10  with the provisions of this subsection.

11         (11)  CONSTRUCTION OF LAW.--Nothing in the amendment of

12  this section by chapter 75-281, Laws of Florida, is intended

13  to supersede the provisions of ss. 1013.45 and 1013.46 235.211

14  and 235.31.

15         Section 945.  Subsection (1) of section 287.064,

16  Florida Statutes, is amended to read:

17         287.064  Consolidated financing of deferred-payment

18  purchases.--

19         (1)  The Division of Bond Finance of the State Board of

20  Administration and the Comptroller shall plan and coordinate

21  deferred-payment purchases made by or on behalf of the state

22  or its agencies or by or on behalf of state community colleges

23  participating under this section pursuant to s. 1001.64(26)

24  240.319(4)(p). The Division of Bond Finance shall negotiate

25  and the Comptroller shall execute agreements and contracts to

26  establish master equipment financing agreements for

27  consolidated financing of deferred-payment, installment sale,

28  or lease purchases with a financial institution or a

29  consortium of financial institutions. As used in this act, the

30  term "deferred-payment" includes installment sale and

31  lease-purchase.


                                 1700

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (a)  The period during which equipment may be acquired

 2  under any one master equipment financing agreement shall be

 3  limited to not more than 3 years.

 4         (b)  Repayment of the whole or a part of the funds

 5  drawn pursuant to the master equipment financing agreement may

 6  continue beyond the period established pursuant to paragraph

 7  (a).

 8         (c)  The interest rate component of any master

 9  equipment financing agreement shall be deemed to comply with

10  the interest rate limitation imposed in s. 287.063 so long as

11  the interest rate component of every interagency or community

12  college agreement entered into under such master equipment

13  financing agreement complies with the interest rate limitation

14  imposed in s. 287.063. Such interest rate limitation does not

15  apply when the payment obligation under the master equipment

16  financing agreement is rated by a nationally recognized rating

17  service in any one of the three highest classifications, which

18  rating services and classifications are determined pursuant to

19  rules adopted by the Comptroller.

20         Section 946.  Paragraph (f) of subsection (1) of

21  section 288.039, Florida Statutes, is amended to read:

22         288.039  Employing and Training our Youths (ENTRY).--

23         (1)  DEFINITIONS.--As used in this section:

24         (f)  "Public school" shall have the same meaning as in

25  s. 1000.04(1) 228.041(1)(a).

26         Section 947.  Subsection (6) of section 288.8175,

27  Florida Statutes, is amended to read:

28         288.8175  Linkage institutes between postsecondary

29  institutions in this state and foreign countries.--

30         (6)  Each institute is allowed to exempt from s.

31  1009.21 240.1201 up to 25 full-time equivalent students per


                                 1701

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  year from the respective host countries to study in any of the

 2  state universities or community colleges in this state as

 3  resident students for tuition purposes. The institute

 4  directors shall develop criteria, to be approved by the

 5  Department of Education, for the selection of these students.

 6  Students must return home within 3 years after their tenure of

 7  graduate or undergraduate study for a length of time equal to

 8  their exemption period.

 9         Section 948.  Subsection (2) of section 295.01, Florida

10  Statutes, is amended to read:

11         295.01  Children of deceased or disabled veterans;

12  education.--

13         (2)  The provisions of ss. 240.404, 295.03, 295.04, and

14  295.05, and 1009.40 shall apply.

15         Section 949.  Subsection (2) of section 295.015,

16  Florida Statutes, is amended to read:

17         295.015  Children of prisoners of war and persons

18  missing in action; education.--

19         (2)  The provisions of ss. 240.404, 295.03, 295.04, and

20  295.05, and 1009.40 shall apply.

21         Section 950.  Subsection (2) of section 295.016,

22  Florida Statutes, is amended to read:

23         295.016  Children of service members who died or became

24  disabled in Operation Eagle Claw.--

25         (2)  The provisions of ss. 240.404, 295.03, 295.04, and

26  295.05, and 1009.40 shall apply.

27         Section 951.  Subsection (2) of section 295.017,

28  Florida Statutes, is amended to read:

29         295.017  Children of service members who died or became

30  disabled in the Lebanon and Grenada military arenas;

31  educational opportunity.--


                                 1702

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (2)  The provisions of ss. 240.404, 295.03, 295.04, and

 2  295.05, and 1009.40 shall apply.

 3         Section 952.  Subsection (2) of section 295.018,

 4  Florida Statutes, is amended to read:

 5         295.018  Children of service members who died in

 6  Newfoundland air tragedy; educational opportunity.--

 7         (2)  The provisions of ss. 240.404, 295.03, 295.04, and

 8  295.05, and 1009.40 shall apply.

 9         Section 953.  Subsection (2) of section 295.019,

10  Florida Statutes, is amended to read:

11         295.019  Children of service members who died in U.S.S.

12  Stark attack.--

13         (2)  The provisions of ss. 240.404, 295.03, 295.04, and

14  295.05, and 1009.40 shall apply.

15         Section 954.  Subsection (2) of section 295.0195,

16  Florida Statutes, is amended to read:

17         295.0195  Children of deceased or disabled military

18  personnel who died or became disabled in the Mideast Persian

19  Gulf military arena during hostilities with Iraq or in the

20  military action in Panama known as Operation Just Cause.--

21         (2)  The provisions of ss. 240.404, 295.03, 295.04, and

22  295.05, and 1009.40 shall apply.

23         Section 955.  Subsection (45) of section 316.003,

24  Florida Statutes, is amended to read:

25         316.003  Definitions.--The following words and phrases,

26  when used in this chapter, shall have the meanings

27  respectively ascribed to them in this section, except where

28  the context otherwise requires:

29         (45)  SCHOOL BUS.--Any motor vehicle that complies with

30  the color and identification requirements of chapter 1006 234

31  and is used to transport children to or from public or private


                                 1703

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  school or in connection with school activities, but not

 2  including buses operated by common carriers in urban

 3  transportation of school children. The term "school" includes

 4  all preelementary, elementary, secondary, and postsecondary

 5  schools.

 6         Section 956.  Subsection (4) of section 316.027,

 7  Florida Statutes, is amended to read:

 8         316.027  Crash involving death or personal injuries.--

 9         (4)  A person whose commission of a noncriminal traffic

10  infraction or any violation of this chapter or s. 1006.66

11  240.265 causes or results in the death of another person may,

12  in addition to any other civil, criminal, or administrative

13  penalty imposed, be required by the court to serve 120

14  community service hours in a trauma center or hospital that

15  regularly receives victims of vehicle accidents, under the

16  supervision of a registered nurse, an emergency room

17  physician, or an emergency medical technician pursuant to a

18  voluntary community service program operated by the trauma

19  center or hospital.

20         Section 957.  Paragraph (b) of subsection (9) of

21  section 316.515, Florida Statutes, is amended to read:

22         316.515  Maximum width, height, length.--

23         (9)  BUSES AND PRIVATE MOTOR COACHES.--

24         (b)  School buses which are subject to the provisions

25  of chapter 234 or s. 316.615 or chapter 1006 are exempt from

26  the provisions of this subsection.

27         Section 958.  Subsection (5) of section 316.6145,

28  Florida Statutes, is amended to read:

29         316.6145  School buses; safety belts or other restraint

30  systems required.--

31  


                                 1704

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (5)  The provisions of this section shall not apply to

 2  vehicles as defined in s. 1006.25(1)(b) 234.051(1)(b).

 3         Section 959.  Paragraphs (a) and (c) of subsection (1)

 4  of section 316.615, Florida Statutes, are amended to read:

 5         316.615  School buses; physical requirements of

 6  drivers.--

 7         (1)(a)  All motor vehicles, with a seating capacity of

 8  24 or more pupils, which are regularly used for the

 9  transportation of pupils to or from school, or to or from

10  school activities, shall comply with the requirements for

11  school buses of chapter 1006 234.

12         (c)  A bus operated by an organization that holds a tax

13  exemption pursuant to 26 U.S.C. s. 501(c)(3) is exempt from

14  the color, pupil-warning-lamp-system, stop-arm, and

15  crossing-arm requirements for school buses in chapter 1006 234

16  if:

17         1.  The bus does not pick up pupils from home or

18  deliver pupils to home;

19         2.  The bus makes no intermittent stops to unload or

20  load pupils; and

21         3.  The bus is not operated by or under the purview of

22  the state or political subdivision.

23         Section 960.  Subsection (3) of section 316.70, Florida

24  Statutes, is amended to read:

25         316.70  Nonpublic sector buses; safety rules.--

26         (3)  School buses subject to the provisions of chapter

27  1006 234 or s. 316.615 are exempt from the provisions of this

28  section.

29         Section 961.  Subsection (2) of section 316.72, Florida

30  Statutes, is amended to read:

31  


                                 1705

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         316.72  Buses simulating school buses in color and

 2  insignia; conditions of use.--

 3         (2)  Any educational, recreational, religious, or

 4  charitable organization may own, operate, rent, or lease any

 5  bus which has been painted the orange or yellow color known as

 6  "school bus chrome" and which has been equipped with the

 7  signs, lights, insignia, and other features which normally

 8  characterize a school bus, as defined in s. 1006.25 234.051,

 9  consistent with the provisions of this section.

10         Section 962.  Section 318.12, Florida Statutes, is

11  amended to read:

12         318.12  Purpose.--It is the legislative intent in the

13  adoption of this chapter to decriminalize certain violations

14  of chapter 316, the Florida Uniform Traffic Control Law;

15  chapter 320, Motor Vehicle Licenses; chapter 322, Drivers'

16  Licenses; chapter 240, Postsecondary Education; and chapter

17  338, Florida Intrastate Highway System and Toll Facilities;

18  and chapter 1006, Support of Learning, thereby facilitating

19  the implementation of a more uniform and expeditious system

20  for the disposition of traffic infractions.

21         Section 963.  Subsection (1) of section 318.14, Florida

22  Statutes, is amended to read:

23         318.14  Noncriminal traffic infractions; exception;

24  procedures.--

25         (1)  Except as provided in ss. 318.17 and 320.07(3)(c),

26  any person cited for a violation of s. 1006.66(3) 240.265,

27  chapter 316, s. 320.0605, s. 320.07(3)(a) or (b), s. 322.065,

28  s. 322.15(1), s. 322.16(2) or (3), s. 322.161(5), or s.

29  322.19, or s. 1006.66 is charged with a noncriminal infraction

30  and must be cited for such an infraction and cited to appear

31  before an official. If another person dies as a result of the


                                 1706

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  noncriminal infraction, the person cited may be required to

 2  perform 120 community service hours under s. 316.027(4), in

 3  addition to any other penalties.

 4         Section 964.  Paragraph (c) of subsection (2) of

 5  section 320.08058, Florida Statutes, is amended to read:

 6         320.08058  Specialty license plates.--

 7         (2)  CHALLENGER LICENSE PLATES.--

 8         (c)  Fifty percent must be distributed to the

 9  Technological Research and Development Authority created by s.

10  2, chapter 87-455, Laws of Florida, for the purpose of funding

11  space-related research grants, the Teacher/Quest Scholarship

12  Program under s. 1009.61 240.4082 as approved by the Florida

13  Department of Education, and space-related economic

14  development programs.  The Technological Research and

15  Development Authority shall coordinate and distribute

16  available resources among state universities and independent

17  colleges and universities based on the research strengths of

18  such institutions in space science technology, community

19  colleges, public school districts, and not-for-profit

20  educational organizations.

21         Section 965.  Subsection (1) of section 320.20, Florida

22  Statutes, is amended to read:

23         320.20  Disposition of license tax moneys.--The revenue

24  derived from the registration of motor vehicles, including any

25  delinquent fees and excluding those revenues collected and

26  distributed under the provisions of s. 320.081, must be

27  distributed monthly, as collected, as follows:

28         (1)  The first proceeds, to the extent necessary to

29  comply with the provisions of s. 18, Art. XII of the State

30  Constitution of 1885, as adopted by s. 9(d), Art. XII, 1968

31  revised constitution, and the additional provisions of s. 9(d)


                                 1707

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  and s. 1010.57 236.602, must be deposited in the district

 2  Capital Outlay and Debt Service School Trust Fund.

 3         Section 966.  Section 320.38, Florida Statutes, is

 4  amended to read:

 5         320.38  When nonresident exemption not allowed.--The

 6  provisions of s. 320.37 authorizing the operation of motor

 7  vehicles over the roads of this state by nonresidents of this

 8  state when such vehicles are duly registered or licensed under

 9  the laws of some other state or foreign country do not apply

10  to any nonresident who accepts employment or engages in any

11  trade, profession, or occupation in this state, except a

12  nonresident migrant farm worker as defined in s. 316.003(61).

13  In every case in which a nonresident, except a nonresident

14  migrant farm worker as defined in s. 316.003(61), accepts

15  employment or engages in any trade, profession, or occupation

16  in this state or enters his or her children to be educated in

17  the public schools of this state, such nonresident shall,

18  within 10 days after the commencement of such employment or

19  education, register his or her motor vehicles in this state if

20  such motor vehicles are proposed to be operated on the roads

21  of this state.  Any person who is enrolled as a student in a

22  college or university and who is a nonresident but who is in

23  this state for a period of up to 6 months engaged in a

24  work-study program for which academic credits are earned from

25  a college whose credits or degrees are accepted for credit by

26  at least three accredited institutions of higher learning, as

27  defined in s. 1005.02 246.021, is not required to have a

28  Florida registration for the duration of the work-study

29  program if the person's vehicle is properly registered in

30  another jurisdiction.  Any nonresident who is enrolled as a

31  


                                 1708

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  full-time student in such institution of higher learning is

 2  also exempt for the duration of such enrollment.

 3         Section 967.  Subsection (3) of section 322.031,

 4  Florida Statutes, is amended to read:

 5         322.031  Nonresident; when license required.--

 6         (3)  A nonresident who is domiciled in another state

 7  and who commutes into this state in order to work shall not be

 8  required to obtain a Florida driver's license under this

 9  section solely because he or she has accepted employment or

10  engages in any trade, profession, or occupation in this state

11  if he or she has a valid driver's license issued by another

12  state. Further, any person who is enrolled as a student in a

13  college or university and who is a nonresident but is in this

14  state for a period of up to 6 months engaged in a work-study

15  program for which academic credits are earned from a college

16  whose credits or degrees are accepted for credit by at least

17  three accredited institutions of higher learning, as defined

18  in s. 1005.02 246.021, shall not be required to obtain a

19  Florida driver's license for the duration of the work-study

20  program if such person has a valid driver's license issued by

21  another state. Any nonresident who is enrolled as a full-time

22  student in any such institution of higher learning is also

23  exempt from the requirement of obtaining a Florida driver's

24  license for the duration of such enrollment.

25         Section 968.  Paragraph (e) of subsection (1) and

26  paragraph (a) of subsection (2) of section 322.091, Florida

27  Statutes, are amended to read:

28         322.091  Attendance requirements.--

29         (1)  ELIGIBILITY REQUIREMENTS FOR DRIVING

30  PRIVILEGES.--A minor is not eligible for driving privileges

31  unless that minor:


                                 1709

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (e)  Has been issued a certificate of exemption

 2  according to s. 1003.21(3) 232.06; or

 3  

 4  The department may not issue a driver's license or learner's

 5  driver's license to, or shall suspend the driver's license or

 6  learner's driver's license of, any minor concerning whom the

 7  department receives notification of noncompliance with the

 8  requirements of this section.

 9         (2)  NOTIFICATION OF INTENT TO SUSPEND; SUSPENSION;

10  RECORD OF NONCOMPLIANCE.--

11         (a)  The department shall notify each minor for whom

12  the department has received notification of noncompliance with

13  the requirements of this section as provided in s. 1003.27

14  232.19, and the minor's parent or guardian, of the

15  department's intent to suspend the minor's driving privileges.

16         Section 969.  Subsection (5) of section 322.095,

17  Florida Statutes, is amended to read:

18         322.095  Traffic law and substance abuse education

19  program for driver's license applicants.--

20         (5)  The provisions of this section do not apply to any

21  person who has been licensed in any other jurisdiction or who

22  has satisfactorily completed a Department of Education

23  driver's education course offered pursuant to s. 1003.48

24  233.063.

25         Section 970.  Paragraphs (a), (b), (c), and (d) of

26  subsection (1) of section 322.21, Florida Statutes, are

27  amended to read:

28         322.21  License fees; procedure for handling and

29  collecting fees.--

30         (1)  Except as otherwise provided herein, the fee for:

31  


                                 1710

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (a)  An original or renewal commercial driver's license

 2  is $50, which shall include the fee for driver education

 3  provided by s. 1003.48 233.063; however, if an applicant has

 4  completed training and is applying for employment or is

 5  currently employed in a public or nonpublic school system that

 6  requires the commercial license, the fee shall be the same as

 7  for a Class E driver's license.  A delinquent fee of $1 shall

 8  be added for a renewal made not more than 12 months after the

 9  license expiration date.

10         (b)  An original Class D or Class E driver's license is

11  $20, which shall include the fee for driver's education

12  provided by s. 1003.48 233.063; however, if an applicant has

13  completed training and is applying for employment or is

14  currently employed in a public or nonpublic school system that

15  requires a commercial driver license, the fee shall be the

16  same as for a Class E license.

17         (c)  The renewal or extension of a Class D or Class E

18  driver's license or of a license restricted to motorcycle use

19  only is $15, except that a delinquent fee of $1 shall be added

20  for a renewal or extension made not more than 12 months after

21  the license expiration date.  The fee provided in this

22  paragraph shall include the fee for driver's education

23  provided by s. 1003.48 233.063.

24         (d)  An original driver's license restricted to

25  motorcycle use only is $20, which shall include the fee for

26  driver's education provided by s. 1003.48 233.063.

27         Section 971.  Paragraphs (c) and (d) of subsection (2)

28  and subsection (6) of section 333.03, Florida Statutes, are

29  amended to read:

30         333.03  Power to adopt airport zoning regulations.--

31  


                                 1711

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (2)  In the manner provided in subsection (1), interim

 2  airport land use compatibility zoning regulations shall be

 3  adopted. When political subdivisions have adopted land

 4  development regulations in accordance with the provisions of

 5  chapter 163 which address the use of land in the manner

 6  consistent with the provisions herein, adoption of airport

 7  land use compatibility regulations pursuant to this subsection

 8  shall not be required. Interim airport land use compatibility

 9  zoning regulations shall consider the following:

10         (c)  Where an airport authority or other governing body

11  operating a publicly owned, public-use airport has conducted a

12  noise study in accordance with the provisions of 14 C.F.R.

13  part 150, neither residential construction nor any educational

14  facility as defined in chapter 1013 235, with the exception of

15  aviation school facilities, shall be permitted within the area

16  contiguous to the airport defined by an outer noise contour

17  that is considered incompatible with that type of construction

18  by 14 C.F.R. part 150, Appendix A or an equivalent noise level

19  as established by other types of noise studies.

20         (d)  Where an airport authority or other governing body

21  operating a publicly owned, public-use airport has not

22  conducted a noise study, neither residential construction nor

23  any educational facility as defined in chapter 1013 235, with

24  the exception of aviation school facilities, shall be

25  permitted within an area contiguous to the airport measuring

26  one-half the length of the longest runway on either side of

27  and at the end of each runway centerline.

28         (6)  Nothing in subsection (2) or subsection (3) shall

29  be construed to require the removal, alteration, sound

30  conditioning, or other change, or to interfere with the

31  continued use or adjacent expansion of any educational


                                 1712

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  structure or site in existence on July 1, 1993, or be

 2  construed to prohibit the construction of any new structure

 3  for which a site has been determined as provided in former s.

 4  235.19, as of July 1, 1993.

 5         Section 972.  Subsection (7) of section 364.508,

 6  Florida Statutes, is amended to read:

 7         364.508  Definitions.--As used in this part:

 8         (7)  "Eligible facilities" means all approved campuses

 9  and instructional centers of all public universities, public

10  community colleges, area technical centers, public elementary

11  schools, middle schools, and high schools, including school

12  administrative offices, public libraries, teaching hospitals,

13  the research institute described in s. 1004.43 240.512, and

14  rural public hospitals as defined in s. 395.602.  If no rural

15  public hospital exists in a community, the public health

16  clinic which is responsible for individuals before they can be

17  transferred to a regional hospital shall be considered

18  eligible.

19         Section 973.  Paragraph (k) of subsection (3) of

20  section 380.0651, Florida Statutes, is amended to read:

21         380.0651  Statewide guidelines and standards.--

22         (3)  The following statewide guidelines and standards

23  shall be applied in the manner described in s. 380.06(2) to

24  determine whether the following developments shall be required

25  to undergo development-of-regional-impact review:

26         (k)  Schools.--

27         1.  The proposed construction of any public, private,

28  or proprietary postsecondary educational campus which provides

29  for a design population of more than 5,000 full-time

30  equivalent students, or the proposed physical expansion of any

31  public, private, or proprietary postsecondary educational


                                 1713

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  campus having such a design population that would increase the

 2  population by at least 20 percent of the design population.

 3         2.  As used in this paragraph, "full-time equivalent

 4  student" means enrollment for 15 or more quarter hours during

 5  a single academic semester.  In technical area vocational

 6  schools or other institutions which do not employ semester

 7  hours or quarter hours in accounting for student

 8  participation, enrollment for 18 contact hours shall be

 9  considered equivalent to one quarter hour, and enrollment for

10  27 contact hours shall be considered equivalent to one

11  semester hour.

12         3.  This paragraph does not apply to institutions which

13  are the subject of a campus master plan adopted by the

14  university board of trustees Board of Regents pursuant to s.

15  1013.30 240.155.

16         Section 974.  Paragraph (e) of subsection (1) of

17  section 381.003, Florida Statutes, is amended to read:

18         381.003  Communicable disease and AIDS prevention and

19  control.--

20         (1)  The department shall conduct a communicable

21  disease prevention and control program as part of fulfilling

22  its public health mission. A communicable disease is any

23  disease caused by transmission of a specific infectious agent,

24  or its toxic products, from an infected person, an infected

25  animal, or the environment to a susceptible host, either

26  directly or indirectly. The communicable disease program must

27  include, but need not be limited to:

28         (e)  Programs for the prevention and control of

29  vaccine-preventable diseases, including programs to immunize

30  school children as required by s. 1003.22(3)-(11) 232.032 and

31  the development of an automated, electronic, and centralized


                                 1714

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  database or registry of immunizations. The department shall

 2  ensure that all children in this state are immunized against

 3  vaccine-preventable diseases. The immunization registry shall

 4  allow the department to enhance current immunization

 5  activities for the purpose of improving the immunization of

 6  all children in this state.

 7         1.  Except as provided in subparagraph 2., the

 8  department shall include all children born in this state in

 9  the immunization registry by using the birth records from the

10  Office of Vital Statistics. The department shall add other

11  children to the registry as immunization services are

12  provided.

13         2.  The parent or guardian of a child may refuse to

14  have the child included in the immunization registry by

15  signing a form obtained from the department, or from the

16  health care practitioner or entity that provides the

17  immunization, which indicates that the parent or guardian does

18  not wish to have the child included in the immunization

19  registry. The decision to not participate in the immunization

20  registry must be noted in the registry.

21         3.  The immunization registry shall allow for

22  immunization records to be electronically transferred to

23  entities that are required by law to have such records,

24  including schools, licensed child care facilities, and any

25  other entity that is required by law to obtain proof of a

26  child's immunizations.

27         4.  Any health care practitioner licensed under chapter

28  458, chapter 459, or chapter 464 in this state who complies

29  with rules adopted by the department to access the

30  immunization registry may, through the immunization registry,

31  directly access immunization records and update a child's


                                 1715

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  immunization history or exchange immunization information with

 2  another authorized practitioner, entity, or agency involved in

 3  a child's care. The information included in the immunization

 4  registry must include the child's name, date of birth,

 5  address, and any other unique identifier necessary to

 6  correctly identify the child; the immunization record,

 7  including the date, type of administered vaccine, and vaccine

 8  lot number; and the presence or absence of any adverse

 9  reaction or contraindication related to the immunization.

10  Information received by the department for the immunization

11  registry retains its status as confidential medical

12  information and the department must maintain the

13  confidentiality of that information as otherwise required by

14  law. A health care practitioner or other agency that obtains

15  information from the immunization registry must maintain the

16  confidentiality of any medical records in accordance with s.

17  456.057 or as otherwise required by law.

18         Section 975.  Paragraph (d) of subsection (1) of

19  section 381.005, Florida Statutes, is amended to read:

20         381.005  Primary and preventive health services.--

21         (1)  The department shall conduct a primary and

22  preventive health care program as part of fulfilling its

23  public health mission.  This program shall include, but is not

24  limited to:

25         (d)  School health services in accordance with chapters

26  1003 and 1006 chapter 232.

27         Section 976.  Paragraph (p) of subsection (5) of

28  section 381.0056, Florida Statutes, is amended to read:

29         381.0056  School health services program.--

30         (5)  Each county health department shall develop,

31  jointly with the district school board and the local school


                                 1716

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  health advisory committee, a school health services plan; and

 2  the plan shall include, at a minimum, provisions for:

 3         (p)  Maintenance of records on incidents of health

 4  problems, corrective measures taken, and such other

 5  information as may be needed to plan and evaluate health

 6  programs; except, however, that provisions in the plan for

 7  maintenance of health records of individual students must be

 8  in accordance with s. 1002.22 228.093;

 9         Section 977.  Subsection (9) of section 381.0302,

10  Florida Statutes, is amended to read:

11         381.0302  Florida Health Services Corps.--

12         (9)  Persons who receive loan repayment assistance

13  under s. 1009.65 240.4067 shall be members of the Florida

14  Health Services Corps.

15         Section 978.  Subsection (3) of section 391.055,

16  Florida Statutes, is amended to read:

17         391.055  Service delivery systems.--

18         (3)  The Children's Medical Services network may

19  contract with school districts participating in the certified

20  school match program pursuant to ss. 236.0812 and 409.908(21)

21  and 1011.70 for the provision of school-based services, as

22  provided for in s. 409.9071, for Medicaid-eligible children

23  who are enrolled in the Children's Medical Services network.

24         Section 979.  Section 393.0657, Florida Statutes, is

25  amended to read:

26         393.0657  Persons not required to be refingerprinted or

27  rescreened.--Any provision of law to the contrary

28  notwithstanding, human resource personnel who have been

29  fingerprinted or screened pursuant to chapters 393, 394, 397,

30  402, and 409, and teachers who have been fingerprinted

31  pursuant to chapter 1012 231, who have not been unemployed for


                                 1717

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  more than 90 days thereafter, and who under the penalty of

 2  perjury attest to the completion of such fingerprinting or

 3  screening and to compliance with the provisions of this

 4  section and the standards for good moral character as

 5  contained in such provisions as ss. 110.1127(3), 393.0655(1),

 6  394.457(6), 397.451, 402.305(2), and 409.175(4), shall not be

 7  required to be refingerprinted or rescreened in order to

 8  comply with any direct service provider screening or

 9  fingerprinting requirements.

10         Section 980.  Subsection (3) of section 394.4572,

11  Florida Statutes, is amended to read:

12         394.4572  Screening of mental health personnel.--

13         (3)  Prospective mental health personnel who have

14  previously been fingerprinted or screened pursuant to this

15  chapter, chapter 393, chapter 397, chapter 402, or chapter

16  409, or teachers who have been fingerprinted pursuant to

17  chapter 1012 231, who have not been unemployed for more than

18  90 days thereafter, and who under the penalty of perjury

19  attest to the completion of such fingerprinting or screening

20  and to compliance with the provisions of this section and the

21  standards for level 1 screening contained in chapter 435,

22  shall not be required to be refingerprinted or rescreened in

23  order to comply with any screening requirements of this part.

24         Section 981.  Subsection (5) of section 394.495,

25  Florida Statutes, is amended to read:

26         394.495  Child and adolescent mental health system of

27  care; programs and services.--

28         (5)  In order to enhance collaboration between agencies

29  and to facilitate the provision of services by the child and

30  adolescent mental health treatment and support system and the

31  school district, the local child and adolescent mental health


                                 1718

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  system of care shall include the local educational multiagency

 2  network for severely emotionally disturbed students specified

 3  in s. 1006.04 230.2317.

 4         Section 982.  Paragraph (c) of subsection (4) of

 5  section 394.498, Florida Statutes, is amended to read:

 6         394.498  Child and Adolescent Interagency System of

 7  Care Demonstration Models.--

 8         (4)  ESSENTIAL ELEMENTS.--

 9         (c)  In order for children, adolescents, and families

10  of children and adolescents to receive timely and effective

11  services, the basic provider network identified in each

12  demonstration model must be well designed and managed. The

13  provider network should be able to meet the needs of a

14  significant proportion of the target population. The applicant

15  must demonstrate the capability to manage the network of

16  providers for the purchasers that participate in the

17  demonstration model. The applicant must demonstrate its

18  ability to perform the following network management functions:

19         1.  Identify providers within the designated area of

20  the demonstration model which are currently funded by the

21  state agencies included in the model, and identify additional

22  providers that are needed to provide additional services for

23  the target population. The network of providers may include:

24         a.  Licensed mental health professionals as defined in

25  s. 394.455(2), (4), (21), (23), or (24);

26         b.  Professionals licensed under chapter 491;

27         c.  Teachers certified under s. 1012.56 231.17;

28         d.  Facilities licensed under chapter 395, as a

29  hospital; s. 394.875, as a crisis stabilization unit or

30  short-term residential facility; or s. 409.175, as a

31  residential child-caring agency; and


                                 1719

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         e.  Other community agencies.

 2         2.  Define access points and service linkages of

 3  providers in the network.

 4         3.  Define the ways in which providers and

 5  participating state agencies are expected to collaborate in

 6  providing services.

 7         4.  Define methods to measure the collective

 8  performance outcomes of services provided by providers and

 9  state agencies, measure the performance of individual

10  agencies, and implement a quality improvement process across

11  the provider network.

12         5.  Develop brochures for family members which are

13  written in understandable terminology, to help families

14  identify appropriate service providers, choose the provider,

15  and access care directly whenever possible.

16         6.  Ensure that families are given a substantial role

17  in planning and monitoring the provider network.

18         7.  Train all providers with respect to the principles

19  of care outlined in this section, including effective

20  techniques of cooperation, the wraparound process and

21  strengths-based assessment, the development of service plans,

22  and techniques of case management.

23         Section 983.  Subsection (3) of section 395.602,

24  Florida Statutes, is amended to read:

25         395.602  Rural hospitals.--

26         (3)  USE OF FUNDS.--It is the intent of the Legislature

27  that funds as appropriated shall be utilized by the department

28  for the purpose of increasing the number of primary care

29  physicians, physician assistants, certified nurse midwives,

30  nurse practitioners, and nurses in rural areas, either through

31  the Medical Education Reimbursement and Loan Repayment Program


                                 1720

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  as defined by s. 1009.65 240.4067 or through a federal loan

 2  repayment program which requires state matching funds.  The

 3  department may use funds appropriated for the Medical

 4  Education Reimbursement and Loan Repayment Program as matching

 5  funds for federal loan repayment programs for health care

 6  personnel, such as that authorized in Pub. L. No. 100-177, s.

 7  203.  If the department receives federal matching funds, the

 8  department shall only implement the federal program.

 9  Reimbursement through either program shall be limited to:

10         (a)  Primary care physicians, physician assistants,

11  certified nurse midwives, nurse practitioners, and nurses

12  employed by or affiliated with rural hospitals, as defined in

13  this act; and

14         (b)  Primary care physicians, physician assistants,

15  certified nurse midwives, nurse practitioners, and nurses

16  employed by or affiliated with rural area health education

17  centers, as defined in this section.  These personnel shall

18  practice:

19         1.  In a county with a population density of no greater

20  than 100 persons per square mile; or

21         2.  Within the boundaries of a hospital tax district

22  which encompasses a population of no greater than 100 persons

23  per square mile.

24  

25  If the department administers a federal loan repayment

26  program, priority shall be given to obligating state and

27  federal matching funds pursuant to paragraphs (a) and (b).

28  The department may use federal matching funds in other health

29  workforce shortage areas and medically underserved areas in

30  the state for loan repayment programs for primary care

31  physicians, physician assistants, certified nurse midwives,


                                 1721

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  nurse practitioners, and nurses who are employed by publicly

 2  financed health care programs that serve medically indigent

 3  persons.

 4         Section 984.  Subsection (3) of section 395.605,

 5  Florida Statutes, is amended to read:

 6         395.605  Emergency care hospitals.--

 7         (3)  For the purpose of participation in the Medical

 8  Education Reimbursement and Loan Repayment Program as defined

 9  in s. 1009.65 240.4067 or other loan repayment or incentive

10  programs designed to relieve medical workforce shortages, the

11  department shall treat emergency care hospitals in the same

12  manner as rural hospitals.

13         Section 985.  Subsection (3) of section 397.405,

14  Florida Statutes, is amended to read:

15         397.405  Exemptions from licensure.--The following are

16  exempt from the licensing provisions of this chapter:

17         (3)  A substance abuse education program established

18  pursuant to s. 1003.42 233.061.

19  

20  The exemptions from licensure in this section do not apply to

21  any facility or entity which receives an appropriation, grant,

22  or contract from the state to operate as a service provider as

23  defined in this chapter or to any substance abuse program

24  regulated pursuant to s. 397.406.  No provision of this

25  chapter shall be construed to limit the practice of a

26  physician licensed under chapter 458 or chapter 459, a

27  psychologist licensed under chapter 490, or a psychotherapist

28  licensed under chapter 491, providing outpatient or inpatient

29  substance abuse treatment to a voluntary patient, so long as

30  the physician, psychologist, or psychotherapist does not

31  represent to the public that he or she is a licensed service


                                 1722

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  provider under this act. Failure to comply with any

 2  requirement necessary to maintain an exempt status under this

 3  section is a misdemeanor of the first degree, punishable as

 4  provided in s. 775.082 or s. 775.083.

 5         Section 986.  Subsection (4) of section 397.451,

 6  Florida Statutes, is amended to read:

 7         397.451  Background checks of service provider

 8  personnel who have direct contact with unmarried minor clients

 9  or clients who are developmentally disabled.--

10         (4)  PERSONNEL EXEMPT FROM BEING REFINGERPRINTED OR

11  RECHECKED.--Service provider personnel who have been

12  fingerprinted or had their backgrounds checked pursuant to

13  chapter 393, chapter 394, chapter 402, or chapter 409, or this

14  section, and teachers who have been fingerprinted pursuant to

15  chapter 1012 231, who have not been unemployed for more than

16  90 days thereafter and who, under the penalty of perjury,

17  attest to the completion of such fingerprinting or background

18  checks and to compliance with the provisions of this section

19  and the standards contained in chapter 435 and this section,

20  are not required to be refingerprinted or rechecked in order

21  to comply with service provider personnel fingerprinting or

22  background check requirements.

23         Section 987.  Paragraph (h) of subsection (2) of

24  section 397.951, Florida Statutes, is amended to read:

25         397.951  Treatment and sanctions.--The Legislature

26  recognizes that the integration of treatment and sanctions

27  greatly increases the effectiveness of substance abuse

28  treatment. It is the responsibility of the department and the

29  substance abuse treatment provider to employ the full measure

30  of sanctions available to require participation and completion

31  


                                 1723

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  of treatment to ensure successful outcomes for children in

 2  substance abuse treatment.

 3         (2)  The department shall ensure that substance abuse

 4  treatment providers employ any and all appropriate available

 5  sanctions necessary to engage, motivate, and maintain a child

 6  in treatment, including, but not limited to, provisions in law

 7  that:

 8         (h)  Provide that the use, possession, or sale of

 9  controlled substances, as defined in chapter 893, or

10  possession of electronic telephone pagers, by any student

11  while such student is upon school property or in attendance at

12  a school function is grounds for disciplinary action by the

13  school and may also result in criminal penalties being imposed

14  pursuant to s. 1006.09(1)-(4) 232.26.

15         Section 988.  Subsection (2), (4), and (7) of section

16  402.22, Florida Statutes, are amended to read:

17         402.22  Education program for students who reside in

18  residential care facilities operated by the Department of

19  Children and Family Services.--

20         (2)  District school boards shall establish educational

21  programs for all students ages 5 through 18 under the

22  residential care of the Department of Children and Family

23  Services and may provide for students below age 3 as provided

24  for in s. 1003.21(1)(e) 232.01(1)(e). Funding of such programs

25  shall be pursuant to s. 1011.62 236.081.

26         (4)  Students age 18 and under who are under the

27  residential care of the Department of Children and Family

28  Services and who receive an education program shall be

29  calculated as full-time equivalent student membership in the

30  appropriate cost factor as provided for in s. 1011.62(1)(c)

31  236.081(1)(c). Residential care facilities of the Department


                                 1724

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  of Children and Family Services shall include, but not be

 2  limited to, developmental services institutions and state

 3  mental health facilities.  All students shall receive their

 4  education program from the district school system, and funding

 5  shall be allocated through the Florida Education Finance

 6  Program for the district school system.

 7         (7)  Notwithstanding the provisions of s. 1001.42(4)(n)

 8  230.23(4)(n), the educational program at the Marianna Sunland

 9  Center in Jackson County shall be operated by the Department

10  of Education, either directly or through grants or contractual

11  agreements with other public educational agencies.  The annual

12  state allocation to any such agency shall be computed pursuant

13  to s. 1011.62(1), (2), and (5) 236.081(1), (2), and (5) and

14  allocated in the amount that would have been provided the

15  local school district in which the residential facility is

16  located.

17         Section 989.  Subsection (3) of section 402.302,

18  Florida Statutes, is amended to read:

19         402.302  Definitions.--

20         (3)  "Child care personnel" means all owners,

21  operators, employees, and volunteers working in a child care

22  facility. The term does not include persons who work in a

23  child care facility after hours when children are not present

24  or parents of children in Head Start.  For purposes of

25  screening, the term includes any member, over the age of 12

26  years, of a child care facility operator's family, or person,

27  over the age of 12 years, residing with a child care facility

28  operator if the child care facility is located in or adjacent

29  to the home of the operator or if the family member of, or

30  person residing with, the child care facility operator has any

31  direct contact with the children in the facility during its


                                 1725

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  hours of operation. Members of the operator's family or

 2  persons residing with the operator who are between the ages of

 3  12 years and 18 years shall not be required to be

 4  fingerprinted but shall be screened for delinquency records.

 5  For purposes of screening, the term shall also include persons

 6  who work in child care programs which provide care for

 7  children 15 hours or more each week in public or nonpublic

 8  schools, summer day camps, family day care homes, or those

 9  programs otherwise exempted under s. 402.316.  The term does

10  not include public or nonpublic school personnel who are

11  providing care during regular school hours, or after hours for

12  activities related to a school's program for grades

13  kindergarten through 12 as required under chapter 232.  A

14  volunteer who assists on an intermittent basis for less than

15  40 hours per month is not included in the term "personnel" for

16  the purposes of screening and training, provided that the

17  volunteer is under direct and constant supervision by persons

18  who meet the personnel requirements of s. 402.305(2).

19  Students who observe and participate in a child care facility

20  as a part of their required coursework shall not be considered

21  child care personnel, provided such observation and

22  participation are on an intermittent basis and the students

23  are under direct and constant supervision of child care

24  personnel.

25         Section 990.  Section 402.3057, Florida Statutes, is

26  amended to read:

27         402.3057  Persons not required to be refingerprinted or

28  rescreened.--Any provision of law to the contrary

29  notwithstanding, human resource personnel who have been

30  fingerprinted or screened pursuant to chapters 393, 394, 397,

31  402, and 409, and teachers and noninstructional personnel who


                                 1726

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  have been fingerprinted pursuant to chapter 1012 231, who have

 2  not been unemployed for more than 90 days thereafter, and who

 3  under the penalty of perjury attest to the completion of such

 4  fingerprinting or screening and to compliance with the

 5  provisions of this section and the standards for good moral

 6  character as contained in such provisions as ss. 110.1127(3),

 7  393.0655(1), 394.457(6), 397.451, 402.305(2), and 409.175(4),

 8  shall not be required to be refingerprinted or rescreened in

 9  order to comply with any caretaker screening or fingerprinting

10  requirements.

11         Section 991.  Paragraphs (a) and (b) of subsection (3)

12  of section 409.145, Florida Statutes, are amended to read:

13         409.145  Care of children.--

14         (3)(a)  The department is authorized to continue to

15  provide the services of the children's foster care program to

16  individuals 18 to 21 years of age who are enrolled in high

17  school, in a program leading to a high school equivalency

18  diploma as defined in s. 1003.435 229.814, or in a full-time

19  career education program, and to continue to provide services

20  of the children's foster care program to individuals 18 to 23

21  years of age who are enrolled full-time in a postsecondary

22  educational institution granting a degree, a certificate, or

23  an applied technology diploma, if the following requirements

24  are met:

25         1.  The individual was committed to the legal custody

26  of the department for placement in foster care as a dependent

27  child;

28         2.  All other resources have been thoroughly explored,

29  and it can be clearly established that there are no

30  alternative resources for placement; and

31  


                                 1727

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         3.  A written service agreement which specifies

 2  responsibilities and expectations for all parties involved has

 3  been signed by a representative of the department, the

 4  individual, and the foster parent or licensed child-caring

 5  agency providing the placement resources.

 6         (b)  The services of the foster care program shall

 7  continue for those individuals 18 to 21 years of age only for

 8  the period of time the individual is continuously enrolled in

 9  high school, in a program leading to a high school equivalency

10  diploma as defined in s. 1003.435 229.814, or in a full-time

11  career education program; and shall continue for those

12  individuals 18 to 23 years of age only for the period of time

13  the individual is continuously enrolled full-time in a

14  postsecondary educational institution granting a degree, a

15  certificate, or an applied technology diploma. Services shall

16  be terminated upon completion of or withdrawal or permanent

17  expulsion from high school, the program leading to a high

18  school equivalency diploma, the full-time career and technical

19  education program, or the postsecondary educational

20  institution granting a degree, a certificate, or an applied

21  technology diploma. In addition, the department may, based

22  upon the availability of funds, provide assistance to those

23  individuals who leave foster care when they attain 18 years of

24  age and subsequently request assistance prior to their 21st

25  birthday. The following are examples of assistance that may be

26  provided: referrals for employment, services for educational

27  or career vocational development, and housing assistance.

28         Section 992.  Section 409.1757, Florida Statutes, is

29  amended to read:

30         409.1757  Persons not required to be refingerprinted or

31  rescreened.--Any provision of law to the contrary


                                 1728

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  notwithstanding, human resource personnel who have been

 2  fingerprinted or screened pursuant to chapters 393, 394, 397,

 3  402, and this chapter, and teachers who have been

 4  fingerprinted pursuant to chapter 1012 231, who have not been

 5  unemployed for more than 90 days thereafter, and who under the

 6  penalty of perjury attest to the completion of such

 7  fingerprinting or screening and to compliance with the

 8  provisions of this section and the standards for good moral

 9  character as contained in such provisions as ss. 110.1127(3),

10  393.0655(1), 394.457(6), 397.451, 402.305(2), and 409.175(4),

11  shall not be required to be refingerprinted or rescreened in

12  order to comply with any caretaker screening or fingerprinting

13  requirements.

14         Section 993.  Subsections (1) and (2) of section

15  409.2598, Florida Statutes, are amended to read:

16         409.2598  Suspension or denial of new or renewal

17  licenses; registrations; certifications.--

18         (1)  The Title IV-D agency may petition the court that

19  entered the support order or the court that is enforcing the

20  support order to deny or suspend the license, registration, or

21  certificate issued under chapter 231, chapter 370, chapter

22  372, chapter 409, chapter 455, chapter 456, chapter 559,

23  chapter 1012, s. 328.42, or s. 597.010 of any obligor with a

24  delinquent support obligation or who fails, after receiving

25  appropriate notice, to comply with subpoenas, orders to

26  appear, orders to show cause, or similar orders relating to

27  paternity or support proceedings. However, a petition may not

28  be filed until the Title IV-D agency has exhausted all other

29  available remedies. The purpose of this section is to promote

30  the public policy of the state as established in s. 409.2551.

31  


                                 1729

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (2)  The Title IV-D agency is authorized to screen all

 2  applicants for new or renewal licenses, registrations, or

 3  certificates and current licenses, registrations, or

 4  certificates and current licensees, registration holders, and

 5  certificateholders of all licenses, registrations, and

 6  certificates issued under chapter 231, chapter 370, chapter

 7  372, chapter 409, chapter 455, chapter 456, or chapter 559,

 8  chapter 1012, or s. 328.42 to ensure compliance with any

 9  support obligation and any subpoenas, orders to appear, orders

10  to show cause, or similar orders relating to paternity or

11  support proceedings. If the Title IV-D agency determines that

12  an applicant, licensee, registration holder, or

13  certificateholder is an obligor who is delinquent on a support

14  obligation or who is not in compliance with a subpoena, order

15  to appear, order to show cause, or similar order relating to

16  paternity or support proceedings, the Title IV-D agency shall

17  certify the delinquency pursuant to s. 61.14.

18         Section 994.  Subsections (1) and (6) of section

19  409.9071, Florida Statutes, as amended by section 2 of chapter

20  97-168, Laws of Florida, are amended to read:

21         409.9071  Medicaid provider agreements for school

22  districts certifying state match.--

23         (1)  The agency shall submit a state plan amendment by

24  September 1, 1997, for the purpose of obtaining federal

25  authorization to reimburse school-based services as provided

26  in former s. 236.0812 pursuant to the rehabilitative services

27  option provided under 42 U.S.C. s. 1396d(a)(13). For purposes

28  of this section, billing agent consulting services shall be

29  considered billing agent services, as that term is used in s.

30  409.913(9), and, as such, payments to such persons shall not

31  be based on amounts for which they bill nor based on the


                                 1730

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  amount a provider receives from the Medicaid program. This

 2  provision shall not restrict privatization of Medicaid

 3  school-based services. Subject to any limitations provided for

 4  in the General Appropriations Act, the agency, in compliance

 5  with appropriate federal authorization, shall develop policies

 6  and procedures and shall allow for certification of state and

 7  local education funds which have been provided for

 8  school-based services as specified in s. 1011.70 236.0812 and

 9  authorized by a physician's order where required by federal

10  Medicaid law.  Any state or local funds certified pursuant to

11  this section shall be for children with specified disabilities

12  who are eligible for both Medicaid and part B or part H of the

13  Individuals with Disabilities Education Act (IDEA), or the

14  exceptional student education program, or who have an

15  individualized educational plan.

16         (6)  Retroactive reimbursements for services as

17  specified in former s. 236.0812 as of July 1, 1996, including

18  reimbursement for the 1995-1996 and 1996-1997 school years,

19  subject to federal approval.

20         Section 995.  Subsection (1) of section 409.9071,

21  Florida Statutes, as amended by sections 13 and 18 of chapter

22  97-263, Laws of Florida, is amended to read:

23         409.9071  Medicaid provider agreements for school

24  districts certifying state match.--

25         (1)  Subject to any limitations provided for in the

26  General Appropriations Act, the agency, in compliance with

27  appropriate federal authorization, shall develop policies and

28  procedures to allow for certification of state and local

29  education funds which have been provided for services as

30  authorized in s. 1011.70 236.0812.  Any state or local funds

31  certified pursuant to this section shall be for children with


                                 1731

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  specified disabilities who are eligible for Medicaid and who

 2  have an individualized educational plan that demonstrates that

 3  such services are medically necessary and a physician

 4  authorization order if required by federal Medicaid laws.

 5         Section 996.  Subsection (21) of section 409.908,

 6  Florida Statutes, is amended to read:

 7         409.908  Reimbursement of Medicaid providers.--Subject

 8  to specific appropriations, the agency shall reimburse

 9  Medicaid providers, in accordance with state and federal law,

10  according to methodologies set forth in the rules of the

11  agency and in policy manuals and handbooks incorporated by

12  reference therein.  These methodologies may include fee

13  schedules, reimbursement methods based on cost reporting,

14  negotiated fees, competitive bidding pursuant to s. 287.057,

15  and other mechanisms the agency considers efficient and

16  effective for purchasing services or goods on behalf of

17  recipients.  Payment for Medicaid compensable services made on

18  behalf of Medicaid eligible persons is subject to the

19  availability of moneys and any limitations or directions

20  provided for in the General Appropriations Act or chapter 216.

21  Further, nothing in this section shall be construed to prevent

22  or limit the agency from adjusting fees, reimbursement rates,

23  lengths of stay, number of visits, or number of services, or

24  making any other adjustments necessary to comply with the

25  availability of moneys and any limitations or directions

26  provided for in the General Appropriations Act, provided the

27  adjustment is consistent with legislative intent.

28         (21)  The agency shall reimburse school districts which

29  certify the state match pursuant to ss. 1011.70 236.0812 and

30  409.9071 for the federal portion of the school district's

31  allowable costs to deliver the services, based on the


                                 1732

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  reimbursement schedule.  The school district shall determine

 2  the costs for delivering services as authorized in ss. 1011.70

 3  236.0812 and 409.9071 for which the state match will be

 4  certified. Reimbursement of school-based providers is

 5  contingent on such providers being enrolled as Medicaid

 6  providers and meeting the qualifications contained in 42

 7  C.F.R. s. 440.110, unless otherwise waived by the federal

 8  Health Care Financing Administration. Speech therapy providers

 9  who are certified through the Department of Education pursuant

10  to rule 6A-4.0176, Florida Administrative Code, are eligible

11  for reimbursement for services that are provided on school

12  premises. Any employee of the school district who has been

13  fingerprinted and has received a criminal background check in

14  accordance with Department of Education rules and guidelines

15  shall be exempt from any agency requirements relating to

16  criminal background checks.

17         Section 997.  Paragraph (a) of subsection (2) of

18  section 409.9122, Florida Statutes, is amended to read:

19         409.9122  Mandatory Medicaid managed care enrollment;

20  programs and procedures.--

21         (2)(a)  The agency shall enroll in a managed care plan

22  or MediPass all Medicaid recipients, except those Medicaid

23  recipients who are: in an institution; enrolled in the

24  Medicaid medically needy program; or eligible for both

25  Medicaid and Medicare.  However, to the extent permitted by

26  federal law, the agency may enroll in a managed care plan or

27  MediPass a Medicaid recipient who is exempt from mandatory

28  managed care enrollment, provided that:

29         1.  The recipient's decision to enroll in a managed

30  care plan or MediPass is voluntary;

31  


                                 1733

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         2.  If the recipient chooses to enroll in a managed

 2  care plan, the agency has determined that the managed care

 3  plan provides specific programs and services which address the

 4  special health needs of the recipient; and

 5         3.  The agency receives any necessary waivers from the

 6  federal Health Care Financing Administration.

 7  

 8  The agency shall develop rules to establish policies by which

 9  exceptions to the mandatory managed care enrollment

10  requirement may be made on a case-by-case basis. The rules

11  shall include the specific criteria to be applied when making

12  a determination as to whether to exempt a recipient from

13  mandatory enrollment in a managed care plan or MediPass.

14  School districts participating in the certified school match

15  program pursuant to ss. 1011.70 236.0812 and 409.908(21) shall

16  be reimbursed by Medicaid, subject to the limitations of s.

17  1011.70(1) 236.0812(1) and (2), for a Medicaid-eligible child

18  participating in the services as authorized in s. 1011.70

19  236.0812, as provided for in s. 409.9071, regardless of

20  whether the child is enrolled in MediPass or a managed care

21  plan. Managed care plans shall make a good faith effort to

22  execute agreements with school districts regarding the

23  coordinated provision of services authorized under s. 1011.70

24  236.0812. County health departments delivering school-based

25  services pursuant to ss. 381.0056 and 381.0057 shall be

26  reimbursed by Medicaid for the federal share for a

27  Medicaid-eligible child who receives Medicaid-covered services

28  in a school setting, regardless of whether the child is

29  enrolled in MediPass or a managed care plan.  Managed care

30  plans shall make a good faith effort to execute agreements

31  with county health departments regarding the coordinated


                                 1734

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  provision of services to a Medicaid-eligible child. To ensure

 2  continuity of care for Medicaid patients, the agency, the

 3  Department of Health, and the Department of Education shall

 4  develop procedures for ensuring that a student's managed care

 5  plan or MediPass provider receives information relating to

 6  services provided in accordance with ss. 236.0812, 381.0056,

 7  381.0057, and 409.9071, and 1011.70.

 8         Section 998.  Paragraph (d) of subsection (5) and

 9  subsection (10) of section 411.01, Florida Statutes, are

10  amended to read:

11         411.01  Florida Partnership for School Readiness;

12  school readiness coalitions.--

13         (5)  CREATION OF SCHOOL READINESS COALITIONS.--

14         (d)  Implementation.--

15         1.  The school readiness program is to be phased in.

16  Until the coalition implements its plan, the county shall

17  continue to receive the services identified in subsection (3)

18  through the various agencies that would be responsible for

19  delivering those services under current law.  Plan

20  implementation is subject to approval of the coalition and the

21  plan by the Florida Partnership for School Readiness.

22         2.  Each school readiness coalition shall develop a

23  plan for implementing the school readiness program to meet the

24  requirements of this section and the performance standards and

25  outcome measures established by the partnership. The plan must

26  include a written description of the role of the program in

27  the coalition's effort to meet the first state education goal,

28  readiness to start school, including a description of the plan

29  to involve the prekindergarten early intervention programs,

30  Head Start Programs, programs offered by public or private

31  providers of child care, preschool programs for children with


                                 1735

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  disabilities, programs for migrant children, Title I programs,

 2  subsidized child care programs, and teen parent programs. The

 3  plan must also demonstrate how the program will ensure that

 4  each 3-year-old and 4-year-old child in a publicly funded

 5  school readiness program receives scheduled activities and

 6  instruction designed to prepare children to enter kindergarten

 7  ready to learn. Prior to implementation of the program, the

 8  school readiness coalition must submit the plan to the

 9  partnership for approval. The partnership may approve the

10  plan, reject the plan, or approve the plan with conditions.

11  The Florida Partnership for School Readiness shall review

12  coalition plans at least annually.

13         3.  The plan for the school readiness program must

14  include the following minimum standards and provisions:

15         a.  A sliding fee scale establishing a copayment for

16  parents based upon their ability to pay, which is the same for

17  all program providers, to be implemented and reflected in each

18  program's budget.

19         b.  A choice of settings and locations in licensed,

20  registered, religious-exempt, or school-based programs to be

21  provided to parents.

22         c.  Instructional staff who have completed the training

23  course as required in s. 402.305(2)(d)1., as well as staff who

24  have additional training or credentials as required by the

25  partnership. The plan must provide a method for assuring the

26  qualifications of all personnel in all program settings.

27         d.  Specific eligibility priorities for children within

28  the coalition's county pursuant to subsection (6).

29         e.  Performance standards and outcome measures

30  established by the partnership or alternatively, standards and

31  


                                 1736

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  outcome measures to be used until such time as the partnership

 2  adopts such standards and outcome measures.

 3         f.  Reimbursement rates that have been developed by the

 4  coalition. Reimbursement rates shall not have the effect of

 5  limiting parental choice or creating standards or levels of

 6  services that have not been authorized by the Legislature.

 7         g.  Systems support services, including a central

 8  agency, child care resource and referral, eligibility

 9  determinations, training of providers, and parent support and

10  involvement.

11         h.  Direct enhancement services to families and

12  children. System support and direct enhancement services shall

13  be in addition to payments for the placement of children in

14  school readiness programs.

15         i.  A business plan, which must include the contract

16  with a school readiness agent if the coalition is not a

17  legally established corporate entity. Coalitions may contract

18  with other coalitions to achieve efficiency in multiple-county

19  services, and such contracts may be part of the coalition's

20  business plan.

21         j.  Strategies to meet the needs of unique populations,

22  such as migrant workers.

23  

24  As part of the plan, the coalition may request the Governor to

25  apply for a waiver to allow the coalition to administer the

26  Head Start Program to accomplish the purposes of the school

27  readiness program.  If any school readiness plan can

28  demonstrate that specific statutory goals can be achieved more

29  effectively by using procedures that require modification of

30  existing rules, policies, or procedures, a request for a

31  waiver to the partnership may be made as part of the plan.


                                 1737

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Upon review, the partnership may grant the proposed

 2  modification.

 3         4.  Persons with an early childhood teaching

 4  certificate may provide support and supervision to other staff

 5  in the school readiness program.

 6         5.  The coalition may not implement its plan until it

 7  submits the plan to and receives approval from the

 8  partnership. Once the plan has been approved, the plan and the

 9  services provided under the plan shall be controlled by the

10  coalition rather than by the state agencies or departments.

11  The plan shall be reviewed and revised as necessary, but at

12  least biennially.

13         6.  The following statutes will not apply to local

14  coalitions with approved plans: ss. 125.901(2)(a)3., 411.221,

15  and 411.232. To facilitate innovative practices and to allow

16  local establishment of school readiness programs, a school

17  readiness coalition may apply to the Governor and Cabinet for

18  a waiver of, and the Governor and Cabinet may waive, any of

19  the provisions of ss. 230.23166, 411.223, and 411.232, and

20  1003.54 if the waiver is necessary for implementation of the

21  coalition's school readiness plan.

22         7.  Two or more counties may join for the purpose of

23  planning and implementing a school readiness program.

24         8.  A coalition may, subject to approval of the

25  partnership as part of the coalition's plan, receive

26  subsidized child care funds for all children eligible for any

27  federal subsidized child care program and be the provider of

28  the program services.

29         9.  Coalitions are authorized to enter into multiparty

30  contracts with multicounty service providers in order to meet

31  the needs of unique populations such as migrant workers.


                                 1738

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (10)  SCHOOL READINESS UNIFORM SCREENING.--The

 2  Department of Education shall implement a school readiness

 3  uniform screening, including a pilot program during the

 4  2001-2002 school year, to validate the system recommended by

 5  the Florida Partnership for School Readiness as part of a

 6  comprehensive evaluation design. Beginning with the 2002-2003

 7  school year, the department shall require that all school

 8  districts administer the school readiness uniform screening to

 9  each kindergarten student in the district school system upon

10  the student's entry into kindergarten. Children who enter

11  public school for the first time in first grade must undergo a

12  uniform screening adopted for use in first grade. The

13  department shall incorporate school readiness data into the

14  K-20 data warehouse for longitudinal tracking. Notwithstanding

15  s. 1002.22 228.093, the department shall provide the

16  partnership and the Agency for Workforce Innovation with

17  complete and full access to kindergarten uniform screening

18  data at the student, school, district, and state levels in a

19  format that will enable the partnership and the agency to

20  prepare reports needed by state policymakers and local school

21  readiness coalitions to access progress toward school

22  readiness goals and provide input for continuous improvement

23  of local school readiness services and programs.

24         Section 999.  Paragraph (f) of subsection (8) of

25  section 411.203, Florida Statutes, is amended to read:

26         411.203  Continuum of comprehensive services.--The

27  Department of Education and the Department of Health and

28  Rehabilitative Services shall utilize the continuum of

29  prevention and early assistance services for high-risk

30  pregnant women and for high-risk and handicapped children and

31  their families, as outlined in this section, as a basis for


                                 1739

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  the intraagency and interagency program coordination,

 2  monitoring, and analysis required in this chapter.  The

 3  continuum shall be the guide for the comprehensive statewide

 4  approach for services for high-risk pregnant women and for

 5  high-risk and handicapped children and their families, and may

 6  be expanded or reduced as necessary for the enhancement of

 7  those services.  Expansion or reduction of the continuum shall

 8  be determined by intraagency or interagency findings and

 9  agreement, whichever is applicable. Implementation of the

10  continuum shall be based upon applicable eligibility criteria,

11  availability of resources, and interagency prioritization when

12  programs impact both agencies, or upon single agency

13  prioritization when programs impact only one agency.  The

14  continuum shall include, but not be limited to:

15         (8)  SUPPORT SERVICES FOR ALL EXPECTANT PARENTS AND

16  PARENTS OF HIGH-RISK CHILDREN.--

17         (f)  Parent support groups, such as the community

18  resource mother or father program as established in s. 402.45,

19  the Florida First Start Program as established in s. 230.2303,

20  or parents as first teachers, to strengthen families and to

21  enable families of high-risk children to better meet their

22  needs.

23         Section 1000.  Subsection (2) of section 411.223,

24  Florida Statutes, is amended to read:

25         411.223  Uniform standards.--

26         (2)  Duplicative diagnostic and planning practices

27  shall be eliminated to the extent possible. Diagnostic and

28  other information necessary to provide quality services to

29  high-risk or handicapped children shall be shared among the

30  program offices of the Department of Children and Family

31  Services, pursuant to the provisions of s. 1002.22 228.093.


                                 1740

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 1001.  Subsection (1) of section 414.1251,

 2  Florida Statutes, is amended to read:

 3         414.1251  Learnfare program.--

 4         (1)  The department shall reduce the temporary cash

 5  assistance for a participant's eligible dependent child or for

 6  an eligible teenage participant who has not been exempted from

 7  education participation requirements, if the eligible

 8  dependent child or eligible teenage participant has been

 9  identified either as a habitual truant, pursuant to s.

10  1003.01(8) 228.041(28), or as a dropout, pursuant to s.

11  1003.01(9) 228.041(29). For a student who has been identified

12  as a habitual truant, the temporary cash assistance must be

13  reinstated after a subsequent grading period in which the

14  child's attendance has substantially improved. For a student

15  who has been identified as a dropout, the temporary cash

16  assistance must be reinstated after the student enrolls in a

17  public school, receives a high school diploma or its

18  equivalency, enrolls in preparation for the General

19  Educational Development Tests, or enrolls in other educational

20  activities approved by the district school board. Good cause

21  exemptions from the rule of unexcused absences include the

22  following:

23         (a)  The student is expelled from school and

24  alternative schooling is not available.

25         (b)  No licensed day care is available for a child of

26  teen parents subject to Learnfare.

27         (c)  Prohibitive transportation problems exist (e.g.,

28  to and from day care).

29  

30  Within 10 days after sanction notification, the participant

31  parent of a dependent child or the teenage participant may


                                 1741

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  file an internal fair hearings process review procedure

 2  appeal, and no sanction shall be imposed until the appeal is

 3  resolved.

 4         Section 1002.  Paragraph (c) of subsection (1) of

 5  section 440.16, Florida Statutes, is amended to read:

 6         440.16  Compensation for death.--

 7         (1)  If death results from the accident within 1 year

 8  thereafter or follows continuous disability and results from

 9  the accident within 5 years thereafter, the employer shall

10  pay:

11         (c)  To the surviving spouse, payment of postsecondary

12  student fees for instruction at any area technical center

13  established under s. 1001.44 230.63 for up to 1,800 classroom

14  hours or payment of student fees at any community college

15  established under part III of chapter 1004 240 for up to 80

16  semester hours.  The spouse of a deceased state employee shall

17  be entitled to a full waiver of such fees as provided in ss.

18  1009.22 239.117 and 1009.23 240.345 in lieu of the payment of

19  such fees.  The benefits provided for in this paragraph shall

20  be in addition to other benefits provided for in this section

21  and shall terminate 7 years after the death of the deceased

22  employee, or when the total payment in eligible compensation

23  under paragraph (b) has been received.  To qualify for the

24  educational benefit under this paragraph, the spouse shall be

25  required to meet and maintain the regular admission

26  requirements of, and be registered at, such area technical

27  center or community college, and make satisfactory academic

28  progress as defined by the educational institution in which

29  the student is enrolled.

30  

31  


                                 1742

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 1003.  Paragraph (e) of subsection (6) and

 2  paragraph (e) of subsection (9) of section 445.004, Florida

 3  Statutes, are amended to read:

 4         445.004  Workforce Florida, Inc.; creation; purpose;

 5  membership; duties and powers.--

 6         (6)  Workforce Florida, Inc., may take action that it

 7  deems necessary to achieve the purposes of this section,

 8  including, but not limited to:

 9         (e)  Providing policy direction for a system to project

10  and evaluate labor market supply and demand using the results

11  of the Workforce Estimating Conference created in s. 216.136

12  and the career education performance standards identified

13  under s. 1008.43 239.233.

14         (9)  Workforce Florida, Inc., in collaboration with the

15  regional workforce boards and appropriate state agencies and

16  local public and private service providers, and in

17  consultation with the Office of Program Policy Analysis and

18  Government Accountability, shall establish uniform measures

19  and standards to gauge the performance of the workforce

20  development strategy. These measures and standards must be

21  organized into three outcome tiers.

22         (e)  Job placement must be reported pursuant to s.

23  1008.39 229.8075. Positive outcomes for providers of education

24  and training must be consistent with ss. 1008.42 239.233 and

25  1008.43 239.245.

26         Section 1004.  Paragraph (a) of subsection (1) of

27  section 445.0121, Florida Statutes, is amended to read:

28         445.0121  Student eligibility requirements for initial

29  awards.--

30         (1)  To be eligible for an initial award for

31  lower-division college credit courses that lead to a


                                 1743

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  baccalaureate degree, as defined in s. 445.0122(5), a student

 2  must:

 3         (a)1.  Have been a resident of this state for no less

 4  than 3 years for purposes other than to obtain an education;

 5  or

 6         2.  Have received a standard Florida high school

 7  diploma, as provided in s. 1003.43 232.246, or its equivalent,

 8  as described in s. 229.814, unless:

 9         a.  The student is enrolled full-time in the

10  early-admission program of an eligible postsecondary education

11  institution or completes a home education program in

12  accordance with s. 1002.41 232.0201; or

13         b.  The student earns a high school diploma from a

14  non-Florida school while living with a parent or guardian who

15  is on military or public service assignment outside this

16  state.

17         Section 1005.  Paragraph (i) of subsection (1) of

18  section 445.024, Florida Statutes, is amended to read:

19         445.024  Work requirements.--

20         (1)  WORK ACTIVITIES.--The following activities may be

21  used individually or in combination to satisfy the work

22  requirements for a participant in the temporary cash

23  assistance program:

24         (i)  Education services related to employment for

25  participants 19 years of age or younger.--Education services

26  provided under this paragraph are designed to prepare a

27  participant for employment in an occupation. The agency shall

28  coordinate education services with the school-to-work

29  activities provided under s. 1006.02 229.595. Activities

30  provided under this paragraph are restricted to participants

31  


                                 1744

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  19 years of age or younger who have not completed high school

 2  or obtained a high school equivalency diploma.

 3         Section 1006.  Subsection (2), paragraph (i) of

 4  subsection (3), paragraph (a) of subsection (4), subsection

 5  (10), and subsection (18) of section 447.203, Florida

 6  Statutes, are amended to read:

 7         447.203  Definitions.--As used in this part:

 8         (2)  "Public employer" or "employer" means the state or

 9  any county, municipality, or special district or any

10  subdivision or agency thereof which the commission determines

11  has sufficient legal distinctiveness properly to carry out the

12  functions of a public employer.  With respect to all public

13  employees determined by the commission as properly belonging

14  to a statewide bargaining unit composed of State Career

15  Service System employees or Selected Professional Service

16  employees, the Governor shall be deemed to be the public

17  employer; and the university board of trustees Board of

18  Regents shall be deemed to be the public employer with respect

19  to all public employees of the respective state university

20  within the State University System as provided in s.

21  240.209(3)(f), except that such employees shall have the

22  right, in elections to be conducted at each university by the

23  commission pursuant to its rules, to elect not to participate

24  in collective bargaining. In the event that a majority of such

25  voting employees at any university elect not to participate in

26  collective bargaining, they shall be removed from the

27  applicable Board of Regents bargaining unit.  If, thereafter,

28  by election conducted by the commission pursuant to its rules,

29  a majority of such voting employees elect to participate in

30  collective bargaining, they shall be included again in the

31  applicable Board of Regents bargaining unit for such purpose.


                                 1745

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  The board of trustees of a community college shall be deemed

 2  to be the public employer with respect to all employees of the

 3  community college. The district school board shall be deemed

 4  to be the public employer with respect to all employees of the

 5  school district.  The Board of Trustees of the Florida School

 6  for the Deaf and the Blind shall be deemed to be the public

 7  employer with respect to the academic and academic

 8  administrative personnel of the Florida School for the Deaf

 9  and the Blind.  The Governor shall be deemed to be the public

10  employer with respect to all employees in the Correctional

11  Education Program of the Department of Corrections established

12  pursuant to s. 944.801.

13         (3)  "Public employee" means any person employed by a

14  public employer except:

15         (i)  Those persons enrolled as graduate students in the

16  State University System who are employed as graduate

17  assistants, graduate teaching assistants, graduate teaching

18  associates, graduate research assistants, or graduate research

19  associates and those persons enrolled as undergraduate

20  students in a state university the State University System who

21  perform part-time work for the state university State

22  University System.

23         (4)  "Managerial employees" are those employees who:

24         (a)  Perform jobs that are not of a routine, clerical,

25  or ministerial nature and require the exercise of independent

26  judgment in the performance of such jobs and to whom one or

27  more of the following applies:

28         1.  They formulate or assist in formulating policies

29  which are applicable to bargaining unit employees.

30  

31  


                                 1746

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         2.  They may reasonably be required on behalf of the

 2  employer to assist in the preparation for the conduct of

 3  collective bargaining negotiations.

 4         3.  They have a role in the administration of

 5  agreements resulting from collective bargaining negotiations.

 6         4.  They have a significant role in personnel

 7  administration.

 8         5.  They have a significant role in employee relations.

 9         6.  They are included in the definition of

10  administrative personnel contained in s. 1012.01(3)

11  228.041(10).

12         7.  They have a significant role in the preparation or

13  administration of budgets for any public agency or institution

14  or subdivision thereof.

15  

16  However, in determining whether an individual is a managerial

17  employee pursuant to either paragraph (a) or paragraph (b),

18  above, the commission may consider historic relationships of

19  the employee to the public employer and to coemployees.

20         (10)  "Legislative body" means the State Legislature,

21  the board of county commissioners, the district school board,

22  the governing body of a municipality, or the governing body of

23  an instrumentality or unit of government having authority to

24  appropriate funds and establish policy governing the terms and

25  conditions of employment and which, as the case may be, is the

26  appropriate legislative body for the bargaining unit. For

27  purposes of s. 447.403, the state university board of trustees

28  shall be deemed to be the legislative body with respect to all

29  employees of the state university. For purposes of s. 447.403

30  the board of trustees of a community college shall be deemed

31  


                                 1747

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  to be the legislative body with respect to all employees of

 2  the community college.

 3         (18)  "Student representative" means the representative

 4  selected by each community college or university student

 5  government association and the council of student body

 6  presidents. Each representative may be present at all

 7  negotiating sessions that which take place between the

 8  appropriate public employer and an exclusive bargaining agent.

 9  The Said representative must shall be enrolled as a student

10  with at least 8 credit hours in the respective community

11  college or university or in the State University System during

12  his or her term as student representative.

13         Section 1007.  Subsection (5) of section 447.301,

14  Florida Statutes, is amended to read:

15         447.301  Public employees' rights; organization and

16  representation.--

17         (5)  In negotiations over the terms and conditions of

18  service and other matters affecting the working environment of

19  employees, or the learning environment of students, in

20  institutions of higher education, one student representative

21  selected by the council of student body presidents may, at his

22  or her discretion, be present at all negotiating sessions

23  which take place between the Board of Regents and the

24  bargaining agent for an employee bargaining unit. In the case

25  of community colleges and universities, the student government

26  association of each community college or university shall

27  establish procedures for the selection of, and shall select, a

28  student representative to be present, at his or her

29  discretion, at negotiations between the bargaining agent of

30  the employees and the board of trustees.  Each student

31  representative shall have access to all written draft


                                 1748

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  agreements and all other written documents pertaining to

 2  negotiations exchanged by the appropriate public employer and

 3  the bargaining agent, including a copy of any prepared written

 4  transcripts of any negotiating session. Each student

 5  representative shall have the right at reasonable times during

 6  the negotiating session to comment to the parties and to the

 7  public upon the impact of proposed agreements on the

 8  educational environment of students. Each student

 9  representative shall have the right to be accompanied by

10  alternates or aides, not to exceed a combined total of two in

11  number. Each student representative shall be obligated to

12  participate in good faith during all negotiations and shall be

13  subject to the rules and regulations of the Public Employees

14  Relations Commission.  The student representatives shall have

15  neither voting nor veto power in any negotiation, action, or

16  agreement.  The state or any branch, agency, division, agent,

17  or institution of the state, including community colleges and

18  universities, may shall not expend any moneys from any source

19  for the payment of reimbursement for travel expenses or per

20  diem to aides, alternates, or student representatives

21  participating in, observing, or contributing to any

22  negotiating sessions between the bargaining parties; however,

23  this limitation does not apply to the use of student activity

24  fees for the reimbursement of travel expenses and per diem to

25  the university student representative, aides, or alternates

26  participating in the aforementioned negotiations between the

27  Board of Regents and the bargaining agent for an employee

28  bargaining unit.

29         Section 1008.  Subsection (4) of section 447.403,

30  Florida Statutes, is amended to read:

31         447.403  Resolution of impasses.--


                                 1749

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (4)  If In the event that either the public employer or

 2  the employee organization does not accept, in whole or in

 3  part, the recommended decision of the special master:

 4         (a)  The chief executive officer of the governmental

 5  entity involved shall, within 10 days after rejection of a

 6  recommendation of the special master, submit to the

 7  legislative body of the governmental entity involved a copy of

 8  the findings of fact and recommended decision of the special

 9  master, together with the chief executive officer's

10  recommendations for settling the disputed impasse issues.  The

11  chief executive officer shall also transmit his or her

12  recommendations to the employee organization. If the dispute

13  involves employees for whom the Board of Regents is the public

14  employer, the Governor may also submit recommendations to the

15  legislative body for settling The disputed impasse issues;

16         (b)  The employee organization shall submit its

17  recommendations for settling the disputed impasse issues to

18  such legislative body and to the chief executive officer;

19         (c)  The legislative body or a duly authorized

20  committee thereof shall forthwith conduct a public hearing at

21  which the parties shall be required to explain their positions

22  with respect to the rejected recommendations of the special

23  master;

24         (d)  Thereafter, the legislative body shall take such

25  action as it deems to be in the public interest, including the

26  interest of the public employees involved, to resolve all

27  disputed impasse issues; and

28         (e)  Following the resolution of the disputed impasse

29  issues by the legislative body, the parties shall reduce to

30  writing an agreement which includes those issues agreed to by

31  the parties and those disputed impasse issues resolved by the


                                 1750

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  legislative body's action taken pursuant to paragraph (d). The

 2  agreement shall be signed by the chief executive officer and

 3  the bargaining agent and shall be submitted to the public

 4  employer and to the public employees who are members of the

 5  bargaining unit for ratification. If such agreement is not

 6  ratified by all parties, pursuant to the provisions of s.

 7  447.309, the legislative body's action taken pursuant to the

 8  provisions of paragraph (d) shall take effect as of the date

 9  of such legislative body's action for the remainder of the

10  first fiscal year which was the subject of negotiations;

11  however, the legislative body's action shall not take effect

12  with respect to those disputed impasse issues which establish

13  the language of contractual provisions which could have no

14  effect in the absence of a ratified agreement, including, but

15  not limited to, preambles, recognition clauses, and duration

16  clauses.

17         Section 1009.  Paragraph (b) of subsection (5) of

18  section 450.081, Florida Statutes, is amended to read:

19         450.081  Hours of work in certain occupations.--

20         (5)  The provisions of subsections (1)-(4) shall not

21  apply to:

22         (b)  Minors who are within the compulsory school

23  attendance age limit who hold a valid certificate of exemption

24  issued by the school superintendent or his or her designee

25  pursuant to the provisions of s. 1003.21(3) 232.06.

26         Section 1010.  Subsection (2) of section 450.121,

27  Florida Statutes, is amended to read:

28         450.121  Enforcement of Child Labor Law.--

29         (2)  It is the duty of the department and its agents

30  and all sheriffs or other law enforcement officers of the

31  state or of any municipality of the state to enforce the


                                 1751

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  provisions of this law, to make complaints against persons

 2  violating its provisions, and to prosecute violations of the

 3  same. The department and its agents have authority to enter

 4  and inspect at any time any place or establishment covered by

 5  this law and to have access to age certificates kept on file

 6  by the employer and such other records as may aid in the

 7  enforcement of this law. A designated school representative

 8  acting in accordance with s. 1003.26 232.17 shall report to

 9  the department all violations of the Child Labor Law that may

10  come to his or her knowledge.

11         Section 1011.  Subsection (4) of section 458.3145,

12  Florida Statutes, is amended to read:

13         458.3145  Medical faculty certificate.--

14         (4)  In any year, the maximum number of extended

15  medical faculty certificateholders as provided in subsection

16  (2) may not exceed 15 persons at each institution named in

17  subparagraphs (1)(i)1.-4. and at the facility named in s.

18  1004.43 240.512 and may not exceed 5 persons at the

19  institution named in subparagraph (1)(i)5.

20         Section 1012.  Subsection (1) and paragraph (a) of

21  subsection (2) of section 458.324, Florida Statutes, are

22  amended to read:

23         458.324  Breast cancer; information on treatment

24  alternatives.--

25         (1)  DEFINITION.--As used in this section, the term

26  "medically viable," as applied to treatment alternatives,

27  means modes of treatment generally considered by the medical

28  profession to be within the scope of current, acceptable

29  standards, including treatment alternatives described in the

30  written summary prepared by the Florida Cancer Control and

31  


                                 1752

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Research Advisory Council in accordance with s. 1004.435(4)(m)

 2  240.5121(4)(m).

 3         (2)  COMMUNICATION OF TREATMENT ALTERNATIVES.--Each

 4  physician treating a patient who is, or in the judgment of the

 5  physician is at high risk of being, diagnosed as having breast

 6  cancer shall inform such patient of the medically viable

 7  treatment alternatives available to such patient; shall

 8  describe such treatment alternatives; and shall explain the

 9  relative advantages, disadvantages, and risks associated with

10  the treatment alternatives to the extent deemed necessary to

11  allow the patient to make a prudent decision regarding such

12  treatment options.  In compliance with this subsection:

13         (a)  The physician may, in his or her discretion:

14         1.  Orally communicate such information directly to the

15  patient or the patient's legal representative;

16         2.  Provide the patient or the patient's legal

17  representative with a copy of the written summary prepared in

18  accordance with s. 1004.435(4)(m) 240.5121(4)(m) and express a

19  willingness to discuss the summary with the patient or the

20  patient's legal representative; or

21         3.  Both communicate such information directly and

22  provide a copy of the written summary to the patient or the

23  patient's legal representative for further consideration and

24  possible later discussion.

25  

26  Nothing in this subsection shall reduce other provisions of

27  law regarding informed consent.

28         Section 1013.  Subsection (1) and paragraph (a) of

29  subsection (2) of section 459.0125, Florida Statutes, are

30  amended to read:

31  


                                 1753

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         459.0125  Breast cancer; information on treatment

 2  alternatives.--

 3         (1)  DEFINITION.--As used in this section, the term

 4  "medically viable," as applied to treatment alternatives,

 5  means modes of treatment generally considered by the medical

 6  profession to be within the scope of current, acceptable

 7  standards, including treatment alternatives described in the

 8  written summary prepared by the Florida Cancer Control and

 9  Research Advisory Council in accordance with s. 1004.435(4)(m)

10  240.5121(4)(m).

11         (2)  COMMUNICATION OF TREATMENT ALTERNATIVES.--It is

12  the obligation of every physician treating a patient who is,

13  or in the judgment of the physician is at high risk of being,

14  diagnosed as having breast cancer to inform such patient of

15  the medically viable treatment alternatives available to such

16  patient; to describe such treatment alternatives; and to

17  explain the relative advantages, disadvantages, and risks

18  associated with the treatment alternatives to the extent

19  deemed necessary to allow the patient to make a prudent

20  decision regarding such treatment options.  In compliance with

21  this subsection:

22         (a)  The physician may, in her or his discretion:

23         1.  Orally communicate such information directly to the

24  patient or the patient's legal representative;

25         2.  Provide the patient or the patient's legal

26  representative with a copy of the written summary prepared in

27  accordance with s. 1004.435(4)(m) 240.5121(4)(m) and express

28  her or his willingness to discuss the summary with the patient

29  or the patient's legal representative; or

30         3.  Both communicate such information directly and

31  provide a copy of the written summary to the patient or the


                                 1754

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  patient's legal representative for further consideration and

 2  possible later discussion.

 3  

 4  Nothing in this subsection shall reduce other provisions of

 5  law regarding informed consent.

 6         Section 1014.  Paragraph (c) of subsection (2) of

 7  section 468.1115, Florida Statutes, is amended to read:

 8         468.1115  Exemptions.--

 9         (2)  The provisions of this part shall not apply to:

10         (c)  Persons certified in the areas of speech-language

11  impairment or hearing impairment in this state under chapter

12  1012 231 when engaging in the profession for which they are

13  certified, or any person under the direct supervision of such

14  a certified person, or of a licensee under this chapter, when

15  the person under such supervision is performing hearing

16  screenings in a school setting for prekindergarten through

17  grade 12.

18         Section 1015.  Section 468.607, Florida Statutes, is

19  amended to read:

20         468.607  Certification of building code administration

21  and inspection personnel.--The board shall issue a certificate

22  to any individual whom the board determines to be qualified,

23  within such class and level as provided in this part and with

24  such limitations as the board may place upon it.  No person

25  may be employed by a state agency or local governmental

26  authority to perform the duties of a building code

27  administrator, plans examiner, or building code inspector

28  after October 1, 1993, without possessing the proper valid

29  certificate issued in accordance with the provisions of this

30  part. Any person who acts as an inspector and plans examiner

31  under s. 1013.37 235.26 while conducting activities authorized


                                 1755

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  by certification under that section is certified to continue

 2  to conduct inspections for a local enforcement agency until

 3  the person's UBCI certification expires, after which time such

 4  person must possess the proper valid certificate issued in

 5  accordance with this part.

 6         Section 1016.  Subsection (3) of section 468.723,

 7  Florida Statutes, is amended to read:

 8         468.723  Exemptions.--Nothing in this part shall be

 9  construed as preventing or restricting:

10         (3)  A person employed as a teacher apprentice trainer

11  I, a teacher apprentice trainer II, or a teacher athletic

12  trainer under s. 1012.46 232.435.

13         Section 1017.  Section 471.0035, Florida Statutes, is

14  amended to read:

15         471.0035  Instructors in postsecondary educational

16  institutions; exemption from registration requirement.--For

17  the sole purpose of teaching the principles and methods of

18  engineering design, notwithstanding the provisions of s.

19  471.005(7), a person employed by a public postsecondary

20  educational institution, or by an independent postsecondary

21  educational institution licensed or exempt from licensure

22  pursuant to the provisions of chapter 1005 246, is not

23  required to register under the provisions of this chapter as a

24  registered engineer.

25         Section 1018.  Paragraph (c) of subsection (2) of

26  section 476.114, Florida Statutes, is amended to read:

27         476.114  Examination; prerequisites.--

28         (2)  An applicant shall be eligible for licensure by

29  examination to practice barbering if the applicant:

30         (c)1.  Holds an active valid license to practice

31  barbering in another state, has held the license for at least


                                 1756

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  1 year, and does not qualify for licensure by endorsement as

 2  provided for in s. 476.144(5); or

 3         2.  Has received a minimum of 1,200 hours of training

 4  as established by the board, which shall include, but shall

 5  not be limited to, the equivalent of completion of services

 6  directly related to the practice of barbering at one of the

 7  following:

 8         a.  A school of barbering licensed pursuant to chapter

 9  1005 246;

10         b.  A barbering program within the public school

11  system; or

12         c.  A government-operated barbering program in this

13  state.

14  

15  The board shall establish by rule procedures whereby the

16  school or program may certify that a person is qualified to

17  take the required examination after the completion of a

18  minimum of 1,000 actual school hours. If the person passes the

19  examination, she or he shall have satisfied this requirement;

20  but if the person fails the examination, she or he shall not

21  be qualified to take the examination again until the

22  completion of the full requirements provided by this section.

23         Section 1019.  Paragraph (a) of subsection (6) of

24  section 476.144, Florida Statutes, is amended to read:

25         476.144  Licensure.--

26         (6)  A person may apply for a restricted license to

27  practice barbering. The board shall adopt rules specifying

28  procedures for an applicant to obtain a restricted license if

29  the applicant:

30         (a)1.  Has successfully completed a restricted barber

31  course, as established by rule of the board, at a school of


                                 1757

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  barbering licensed pursuant to chapter 1005 246, a barbering

 2  program within the public school system, or a

 3  government-operated barbering program in this state; or

 4         2.a.  Holds or has within the previous 5 years held an

 5  active valid license to practice barbering in another state or

 6  country or has held a Florida barbering license which has been

 7  declared null and void for failure to renew the license, and

 8  the applicant fulfilled the requirements of s. 476.114(2)(c)2.

 9  for initial licensure; and

10         b.  Has not been disciplined relating to the practice

11  of barbering in the previous 5 years; and

12  

13  The restricted license shall limit the licensee's practice to

14  those specific areas in which the applicant has demonstrated

15  competence pursuant to rules adopted by the board.

16         Section 1020.  Section 476.178, Florida Statutes, is

17  amended to read:

18         476.178  Schools of barbering; licensure.--No private

19  school of barbering shall be permitted to operate without a

20  license issued by the Commission for Independent State Board

21  of Nonpublic Career Education pursuant to chapter 1005 246.

22  However, this section shall not be construed to prevent

23  certification by the Department of Education of barber

24  training programs within the public school system or to

25  prevent government operation of any other program of barbering

26  in this state.

27         Section 1021.  Paragraph (d) of subsection (1) of

28  section 477.0132, Florida Statutes, is amended to read:

29         477.0132  Hair braiding, hair wrapping, and body

30  wrapping registration.--

31         (1)


                                 1758

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (d)  Only the board may review, evaluate, and approve a

 2  course required of an applicant for registration under this

 3  subsection in the occupation or practice of hair braiding,

 4  hair wrapping, or body wrapping. A provider of such a course

 5  is not required to hold a license under chapter 1005 246.

 6         Section 1022.  Paragraph (c) of subsection (2) of

 7  section 477.019, Florida Statutes, is amended to read:

 8         477.019  Cosmetologists; qualifications; licensure;

 9  supervised practice; license renewal; endorsement; continuing

10  education.--

11         (2)  An applicant shall be eligible for licensure by

12  examination to practice cosmetology if the applicant:

13         (c)1.  Is authorized to practice cosmetology in another

14  state or country, has been so authorized for at least 1 year,

15  and does not qualify for licensure by endorsement as provided

16  for in subsection (6); or

17         2.  Has received a minimum of 1,200 hours of training

18  as established by the board, which shall include, but shall

19  not be limited to, the equivalent of completion of services

20  directly related to the practice of cosmetology at one of the

21  following:

22         a.  A school of cosmetology licensed pursuant to

23  chapter 1005 246.

24         b.  A cosmetology program within the public school

25  system.

26         c.  The Cosmetology Division of the Florida School for

27  the Deaf and the Blind, provided the division meets the

28  standards of this chapter.

29         d.  A government-operated cosmetology program in this

30  state.

31  


                                 1759

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  The board shall establish by rule procedures whereby the

 2  school or program may certify that a person is qualified to

 3  take the required examination after the completion of a

 4  minimum of 1,000 actual school hours. If the person then

 5  passes the examination, he or she shall have satisfied this

 6  requirement; but if the person fails the examination, he or

 7  she shall not be qualified to take the examination again until

 8  the completion of the full requirements provided by this

 9  section.

10         Section 1023.  Paragraph (b) of subsection (1) of

11  section 477.0201, Florida Statutes, is amended to read:

12         477.0201  Specialty registration; qualifications;

13  registration renewal; endorsement.--

14         (1)  Any person is qualified for registration as a

15  specialist in any one or more of the specialty practices

16  within the practice of cosmetology under this chapter who:

17         (b)  Has received a certificate of completion in a

18  specialty pursuant to s. 477.013(6) from one of the following:

19         1.  A school licensed pursuant to s. 477.023.

20         2.  A school licensed pursuant to chapter 1005 246 or

21  the equivalent licensing authority of another state.

22         3.  A specialty program within the public school

23  system.

24         4.  A specialty division within the Cosmetology

25  Division of the Florida School for the Deaf and the Blind,

26  provided the training programs comply with minimum curriculum

27  requirements established by the board.

28         Section 1024.  Section 477.023, Florida Statutes, is

29  amended to read:

30         477.023  Schools of cosmetology; licensure.--No private

31  school of cosmetology shall be permitted to operate without a


                                 1760

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  license issued by the Commission for Independent State Board

 2  of Nonpublic Career Education pursuant to chapter 1005 246.

 3  However, nothing herein shall be construed to prevent

 4  certification by the Department of Education of cosmetology

 5  training programs within the public school system or to

 6  prevent government operation of any other program of

 7  cosmetology in this state.

 8         Section 1025.  Subsection (9) of section 480.033,

 9  Florida Statutes, is amended to read:

10         480.033  Definitions.--As used in this act:

11         (9)  "Board-approved massage school" means a facility

12  which meets minimum standards for training and curriculum as

13  determined by rule of the board and which is licensed by the

14  Department of Education pursuant to chapter 1005 246 or the

15  equivalent licensing authority of another state or is within

16  the public school system of this state.

17         Section 1026.  Paragraph (c) of subsection (1) of

18  section 481.229, Florida Statutes, is amended to read:

19         481.229  Exceptions; exemptions from licensure.--

20         (1)  No person shall be required to qualify as an

21  architect in order to make plans and specifications for, or

22  supervise the erection, enlargement, or alteration of:

23         (c)  Any other type of building costing less than

24  $25,000, except a school, auditorium, or other building

25  intended for public use, provided that the services of a

26  registered architect shall not be required for minor school

27  projects pursuant to s. 1013.45 235.211.

28         Section 1027.  Section 488.01, Florida Statutes, is

29  amended to read:

30         488.01  License to engage in business of operating a

31  driver's school required.--The Department of Highway Safety


                                 1761

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  and Motor Vehicles shall oversee and license all commercial

 2  driver's schools except truck driving schools.  All commercial

 3  truck driving schools shall be required to be licensed

 4  pursuant to chapter 1005 246, and additionally shall be

 5  subject to the provisions of ss. 488.04 and 488.05.  No

 6  person, group, organization, institution, business entity, or

 7  corporate entity may engage in the business of operating a

 8  driver's school without first obtaining a license therefor

 9  from the Department of Highway Safety and Motor Vehicles

10  pursuant to this chapter or from the State Board of Nonpublic

11  Career Education pursuant to chapter 1005 246.

12         Section 1028.  Subsections (12) and (13) of section

13  553.415, Florida Statutes, are amended to read:

14         553.415  Factory-built school buildings.--

15         (12)  Such identification label shall be permanently

16  affixed by the manufacturer in the case of newly constructed

17  factory-built school buildings, or by the department or its

18  designee in the case of an existing factory-built building

19  altered to comply with provisions of s. 1013.20 235.061.

20         (13)  As of July 1, 2001, all newly constructed

21  factory-built school buildings shall bear a label pursuant to

22  subsection (12). As of July 1, 2002, existing factory-built

23  school buildings and manufactured buildings used as classrooms

24  and not bearing such label shall not be used as classrooms

25  pursuant to s. 1013.20 235.061.

26         Section 1029.  Subsection (5) of section 559.902,

27  Florida Statutes, is amended to read:

28         559.902  Scope and application.--This act shall apply

29  to all motor vehicle repair shops in Florida, except:

30  

31  


                                 1762

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (5)  Those located in public schools as defined in s.

 2  1000.04 228.041 or charter technical career centers as defined

 3  in s. 1002.34 228.505.

 4  

 5  However, such person may voluntarily register under this act.

 6         Section 1030.  Section 589.09, Florida Statutes, is

 7  amended to read:

 8         589.09  Use of lands acquired.--All lands acquired by

 9  the Division of Forestry on behalf of the state shall be in

10  the custody of and subject to the jurisdiction, management,

11  and control of the said division, and, for such purposes and

12  the utilization and development of such land, the said

13  division may use the proceeds of the sale of any products

14  therefrom, the proceeds of the sale of any such lands, save

15  the 25 percent of such proceeds which shall be paid into the

16  State School Fund as required by s. 1010.71(1) 228.151, and

17  such other funds as may be appropriated for use by the

18  division, and in the opinion of such division, available for

19  such uses and purposes.

20         Section 1031.  Subsection (1) of section 627.733,

21  Florida Statutes, is amended to read:

22         627.733  Required security.--

23         (1)  Every owner or registrant of a motor vehicle,

24  other than a motor vehicle used as a taxicab, school bus as

25  defined in s. 1006.25 234.051, or limousine, required to be

26  registered and licensed in this state shall maintain security

27  as required by subsection (3) in effect continuously

28  throughout the registration or licensing period.

29         Section 1032.  Subsection (2) of section 627.742,

30  Florida Statutes, is amended to read:

31  


                                 1763

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         627.742  Nonpublic sector buses; additional liability

 2  insurance coverage.--

 3         (2)  School buses subject to the provisions of chapter

 4  1006 234 or s. 316.615 are exempt from the provisions of this

 5  section.

 6         Section 1033.  Subsection (5) of section 627.912,

 7  Florida Statutes, is amended to read:

 8         627.912  Professional liability claims and actions;

 9  reports by insurers.--

10         (5)  Any self-insurance program established under s.

11  1004.24 240.213 shall report in duplicate to the Department of

12  Insurance any claim or action for damages for personal

13  injuries claimed to have been caused by error, omission, or

14  negligence in the performance of professional services

15  provided by the state university board of trustees Board of

16  Regents through an employee or agent of the state university

17  board of trustees Board of Regents, including practitioners of

18  medicine licensed under chapter 458, practitioners of

19  osteopathic medicine licensed under chapter 459, podiatric

20  physicians licensed under chapter 461, and dentists licensed

21  under chapter 466, or based on a claimed performance of

22  professional services without consent if the claim resulted in

23  a final judgment in any amount, or a settlement in any amount.

24  The reports required by this subsection shall contain the

25  information required by subsection (3) and the name, address,

26  and specialty of the employee or agent of the state university

27  board of trustees Board of Regents whose performance or

28  professional services is alleged in the claim or action to

29  have caused personal injury.

30         Section 1034.  Paragraph (b) of subsection (7) of

31  section 633.445, Florida Statutes, is amended to read:


                                 1764

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         633.445  State Fire Marshal Scholarship Grant

 2  Program.--

 3         (7)  The criteria and procedures for establishing

 4  standards of eligibility shall be recommended by the council

 5  to the Department of Insurance.  The council shall recommend

 6  to the Department of Insurance a rating system upon which to

 7  base the approval of scholarship grants.  However, to be

 8  eligible to receive a scholarship pursuant to this section, an

 9  applicant must:

10         (b)  Have graduated from high school, have earned an

11  equivalency diploma issued by the Department of Education

12  pursuant to s. 1003.435 229.814, or have earned an equivalency

13  diploma issued by the United States Armed Forces Institute;

14         Section 1035.  Paragraph (e) of subsection (1) of

15  section 633.50, Florida Statutes, is amended to read:

16         633.50  Division powers and duties; Florida State Fire

17  College.--

18         (1)  The Division of State Fire Marshal of the

19  Department of Insurance, in performing its duties related to

20  the Florida State Fire College, specified in ss.

21  633.43-633.49, shall:

22         (e)  Develop a staffing and funding formula for the

23  Florida State Fire College.  The formula shall include

24  differential funding levels for various types of programs,

25  shall be based on the number of full-time equivalent students

26  and information obtained from scheduled attendance counts

27  taken the first day of each program, and shall provide the

28  basis for the legislative budget request.  As used in this

29  section, a full-time equivalent student is equal to a minimum

30  of 900 hours in a technical certificate vocational program and

31  400 hours in a degree-seeking program.  The funding formula


                                 1765

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  shall be as prescribed pursuant to s. 1011.62 236.081, shall

 2  include procedures to document daily attendance, and shall

 3  require that attendance records be retained for audit

 4  purposes.

 5         Section 1036.  Paragraph (c) of subsection (2) of

 6  section 732.402, Florida Statutes, is amended to read:

 7         732.402  Exempt property.--

 8         (2)  Exempt property shall consist of:

 9         (c)  Florida Prepaid College Program contracts

10  purchased under s. 240.551 and Florida College Savings

11  agreements established under part IV of chapter 1009 s.

12  240.553.

13         Section 1037.  Section 784.081, Florida Statutes, is

14  amended to read:

15         784.081  Assault or battery on specified officials or

16  employees; reclassification of offenses.--Whenever a person is

17  charged with committing an assault or aggravated assault or a

18  battery or aggravated battery upon any elected official or

19  employee of: a school district; a private school; the Florida

20  School for the Deaf and the Blind; a university developmental

21  research school; a state university or any other entity of the

22  state system of public education, as defined in s. 1000.04

23  228.041; an employee or protective investigator of the

24  Department of Children and Family Services; or an employee of

25  a lead community-based provider and its direct service

26  contract providers, when the person committing the offense

27  knows or has reason to know the identity or position or

28  employment of the victim, the offense for which the person is

29  charged shall be reclassified as follows:

30         (1)  In the case of aggravated battery, from a felony

31  of the second degree to a felony of the first degree.


                                 1766

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (2)  In the case of aggravated assault, from a felony

 2  of the third degree to a felony of the second degree.

 3         (3)  In the case of battery, from a misdemeanor of the

 4  first degree to a felony of the third degree.

 5         (4)  In the case of assault, from a misdemeanor of the

 6  second degree to a misdemeanor of the first degree.

 7         Section 1038.  Section 817.566, Florida Statutes, is

 8  amended to read:

 9         817.566  Misrepresentation of association with, or

10  academic standing at, postsecondary educational

11  institution.--Any person who, with intent to defraud,

12  misrepresents his or her association with, or academic

13  standing or other progress at, any postsecondary educational

14  institution by falsely making, altering, simulating, or

15  forging a document, degree, certificate, diploma, award,

16  record, letter, transcript, form, or other paper; or any

17  person who causes or procures such a misrepresentation; or any

18  person who utters and publishes or otherwise represents such a

19  document, degree, certificate, diploma, award, record, letter,

20  transcript, form, or other paper as true, knowing it to be

21  false, is guilty of a misdemeanor of the first degree,

22  punishable as provided in s. 775.082 or s. 775.083.

23  Individuals who present a religious academic degree from any

24  college, university, seminary, or institution which is not

25  licensed by the State Board of Independent Colleges and

26  Universities or which is not exempt pursuant to the provisions

27  of s. 246.085 shall disclose the religious nature of the

28  degree upon presentation.

29         Section 1039.  Subsection (1) of section 817.567,

30  Florida Statutes, is amended to read:

31  


                                 1767

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         817.567  Making false claims of academic degree or

 2  title.--

 3         (1)  No person in the state may claim, either orally or

 4  in writing, to possess an academic degree, as defined in s.

 5  1005.02 246.021, or the title associated with said degree,

 6  unless the person has, in fact, been awarded said degree from

 7  an institution that is:

 8         (a)  Accredited by a regional or professional

 9  accrediting agency recognized by the United States Department

10  of Education or the Commission on Recognition of Postsecondary

11  Accreditation;

12         (b)  Provided, operated, and supported by a state

13  government or any of its political subdivisions or by the

14  Federal Government;

15         (c)  A school, institute, college, or university

16  chartered outside the United States, the academic degree from

17  which has been validated by an accrediting agency approved by

18  the United States Department of Education as equivalent to the

19  baccalaureate or postbaccalaureate degree conferred by a

20  regionally accredited college or university in the United

21  States;

22         (d)  Licensed by the State Board of Independent

23  Colleges and Universities pursuant to ss. 1005.01-1005.38

24  246.011-246.151 or exempt from licensure pursuant to s.

25  246.085; or

26         (e)  A religious seminary, institute, college, or

27  university which offers only educational programs that prepare

28  students for a religious vocation, career, occupation,

29  profession, or lifework, and the nomenclature of whose

30  certificates, diplomas, or degrees clearly identifies the

31  religious character of the educational program.


                                 1768

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 1040.  Paragraph (a) of subsection (1) of

 2  section 877.18, Florida Statutes, is amended to read:

 3         877.18  Identification card or document purporting to

 4  contain applicant's age or date of birth; penalties for

 5  failure to comply with requirements for sale or issuance.--

 6         (1)  It is unlawful for any person, except a

 7  governmental agency or instrumentality, to sell or issue, or

 8  to offer to sell or issue, in this state any identification

 9  card or document purporting to contain the age or date of

10  birth of the person in whose name it was issued, unless:

11         (a)  Prior to selling or issuing such card or document,

12  the person has first obtained from the applicant and retains

13  for a period of 3 years from the date of sale:

14         1.  An authenticated or certified copy of proof of age

15  as provided in s. 1003.21(4) 232.03; and

16         2.  A notarized affidavit from the applicant attesting

17  to the applicant's age and that the proof-of-age document

18  required by subparagraph 1. is for such applicant.

19         Section 1041.  Paragraph (a) of subsection (1) of

20  section 921.187, Florida Statutes, is amended to read:

21         921.187  Disposition and sentencing; alternatives;

22  restitution.--

23         (1)  The alternatives provided in this section for the

24  disposition of criminal cases shall be used in a manner that

25  will best serve the needs of society, punish criminal

26  offenders, and provide the opportunity for rehabilitation.

27         (a)  If the offender does not receive a state prison

28  sentence, the court may:

29         1.  Impose a split sentence whereby the offender is to

30  be placed on probation upon completion of any specified period

31  


                                 1769

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  of such sentence, which period may include a term of years or

 2  less.

 3         2.  Make any other disposition that is authorized by

 4  law.

 5         3.  Place the offender on probation with or without an

 6  adjudication of guilt pursuant to s. 948.01.

 7         4.  Impose a fine and probation pursuant to s. 948.011

 8  when the offense is punishable by both a fine and imprisonment

 9  and probation is authorized.

10         5.  Place the offender into community control requiring

11  intensive supervision and surveillance pursuant to chapter

12  948.

13         6.  Impose, as a condition of probation or community

14  control, a period of treatment which shall be restricted to a

15  county facility, a Department of Corrections probation and

16  restitution center, a probation program drug punishment

17  treatment community, or a community residential or

18  nonresidential facility, excluding a community correctional

19  center as defined in s. 944.026, which is owned and operated

20  by any qualified public or private entity providing such

21  services. Before admission to such a facility, the court shall

22  obtain an individual assessment and recommendations on the

23  appropriate treatment needs, which shall be considered by the

24  court in ordering such placements. Placement in such a

25  facility, except for a county residential probation facility,

26  may not exceed 364 days. Placement in a county residential

27  probation facility may not exceed 3 years. Early termination

28  of placement may be recommended to the court, when

29  appropriate, by the center supervisor, the supervising

30  probation officer, or the probation program manager.

31  


                                 1770

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         7.  Sentence the offender pursuant to s. 922.051 to

 2  imprisonment in a county jail when a statute directs

 3  imprisonment in a state prison, if the offender's cumulative

 4  sentence, whether from the same circuit or from separate

 5  circuits, is not more than 364 days.

 6         8.  Sentence the offender who is to be punished by

 7  imprisonment in a county jail to a jail in another county if

 8  there is no jail within the county suitable for such prisoner

 9  pursuant to s. 950.01.

10         9.  Require the offender to participate in a

11  work-release or educational or technical vocational training

12  program pursuant to s. 951.24 while serving a sentence in a

13  county jail, if such a program is available.

14         10.  Require the offender to perform a specified public

15  service pursuant to s. 775.091.

16         11.  Require the offender who violates chapter 893 or

17  violates any law while under the influence of a controlled

18  substance or alcohol to participate in a substance abuse

19  program.

20         12.a.  Require the offender who violates any criminal

21  provision of chapter 893 to pay an additional assessment in an

22  amount up to the amount of any fine imposed, pursuant to ss.

23  938.21 and 938.23.

24         b.  Require the offender who violates any provision of

25  s. 893.13 to pay an additional assessment in an amount of

26  $100, pursuant to ss. 938.25 and 943.361.

27         13.  Impose a split sentence whereby the offender is to

28  be placed in a county jail or county work camp upon the

29  completion of any specified term of community supervision.

30         14.  Impose split probation whereby upon satisfactory

31  completion of half the term of probation, the Department of


                                 1771

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  Corrections may place the offender on administrative probation

 2  pursuant to s. 948.01 for the remainder of the term of

 3  supervision.

 4         15.  Require residence in a state probation and

 5  restitution center or private drug treatment program for

 6  offenders on community control or offenders who have violated

 7  conditions of probation.

 8         16.  Impose any other sanction which is provided within

 9  the community and approved as an intermediate sanction by the

10  county public safety coordinating council as described in s.

11  951.26.

12         17.  Impose, as a condition of community control,

13  probation, or probation following incarceration, a requirement

14  that an offender who has not obtained a high school diploma or

15  high school equivalency diploma or who lacks basic or

16  functional literacy skills, upon acceptance by an adult

17  education program, make a good faith effort toward completion

18  of such basic or functional literacy skills or high school

19  equivalency diploma, as defined in s. 1003.435 229.814, in

20  accordance with the assessed adult general education needs of

21  the individual offender.

22         Section 1042.  Subsection (15) of section 943.10,

23  Florida Statutes, is amended to read:

24         943.10  Definitions; ss. 943.085-943.255.--The

25  following words and phrases as used in ss. 943.085-943.255 are

26  defined as follows:

27         (15)  "Public criminal justice training school" means

28  any school defined in s. 228.041, or any academy operated by

29  an employing agency, that is certified by the commission to

30  conduct criminal justice training courses.

31  


                                 1772

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 1043.  Paragraph (c) of subsection (1) of

 2  section 943.22, Florida Statutes, is amended to read:

 3         943.22  Salary incentive program for full-time

 4  officers.--

 5         (1)  For the purpose of this section, the term:

 6         (c)  "Community college degree or equivalent" means

 7  graduation from an accredited community college or having been

 8  granted a degree pursuant to s. 1007.25(10) 240.239 or

 9  successful completion of 60 semester hours or 90 quarter hours

10  and eligibility to receive an associate degree from an

11  accredited college, university, or community college.

12         Section 1044.  Paragraphs (b), (c), and (i) of

13  subsection (3) of section 944.801, Florida Statutes, are

14  amended to read:

15         944.801  Education for state prisoners.--

16         (3)  The responsibilities of the Correctional Education

17  Program shall be to:

18         (b)  In cooperation with the Department of Education,

19  pursuant to s. 229.565, Monitor and assess all inmate

20  education program services and report the results of such

21  evaluation in the annual report of activities.

22         (c)  In cooperation with the Department of Education,

23  pursuant to s. 229.8075, Develop complete and reliable

24  statistics on the educational histories, the city/intracity

25  area and school district where the inmate was domiciled prior

26  to incarceration, the participation in state educational and

27  training programs, and the occupations of inmates confined to

28  state correctional facilities.  The compiled statistics shall

29  be summarized and analyzed in the annual report of

30  correctional educational activities required by paragraph (f).

31  


                                 1773

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (i)  Ensure that every inmate who has 2 years or more

 2  remaining to serve on his or her sentence at the time that he

 3  or she is received at an institution and who lacks basic and

 4  functional literacy skills as defined in s. 1004.02 239.105

 5  attends not fewer than 150 hours of sequential instruction in

 6  a correctional adult basic education program.  The basic and

 7  functional literacy level of an inmate shall be determined by

 8  the average composite test score obtained on a test approved

 9  for this purpose by the State Board of Education.

10         1.  Upon completion of the 150 hours of instruction,

11  the inmate shall be retested and, if a composite test score of

12  functional literacy is not attained, the department is

13  authorized to require the inmate to remain in the

14  instructional program.

15         2.  Highest priority of inmate participation shall be

16  focused on youthful offenders and those inmates nearing

17  release from the correctional system.

18         3.  An inmate shall be required to attend the 150 hours

19  of adult basic education instruction unless such inmate:

20         a.  Is serving a life sentence or is under sentence of

21  death.

22         b.  Is specifically exempted for security or health

23  reasons.

24         c.  Is housed at a community correctional center, road

25  prison, work camp, or vocational center.

26         d.  Attains a functional literacy level after

27  attendance in fewer than 150 hours of adult basic education

28  instruction.

29         e.  Is unable to enter such instruction because of

30  insufficient facilities, staff, or classroom capacity.

31  


                                 1774

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         4.  The Department of Corrections shall provide classes

 2  to accommodate those inmates assigned to correctional or

 3  public work programs after normal working hours. The

 4  department shall develop a plan to provide academic and

 5  vocational classes on a more frequent basis and at times that

 6  accommodate the increasing number of inmates with work

 7  assignments, to the extent that resources permit.

 8         5.  If an inmate attends and actively participates in

 9  the 150 hours of instruction, the Department of Corrections

10  may grant a one-time award of up to 6 additional days of

11  incentive gain-time, which must be credited and applied as

12  provided by law.  Active participation means, at a minimum,

13  that the inmate is attentive, responsive, cooperative, and

14  completes assigned work.

15         Section 1045.  Paragraphs (a) and (b) of subsection (9)

16  of section 948.03, Florida Statutes, are amended to read:

17         948.03  Terms and conditions of probation or community

18  control.--

19         (9)(a)  As a condition of community control, probation,

20  or probation following incarceration, require an offender who

21  has not obtained a high school diploma or high school

22  equivalency diploma or who lacks basic or functional literacy

23  skills, upon acceptance by an adult education program, to make

24  a good faith effort toward completion of such basic or

25  functional literacy skills or high school equivalency diploma,

26  as defined in s. 1003.435 229.814, in accordance with the

27  assessed adult general education needs of the individual

28  offender.  The court shall not revoke community control,

29  probation, or probation following incarceration because of the

30  offender's inability to achieve such skills or diploma but may

31  revoke community control, probation, or probation following


                                 1775

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  incarceration if the offender fails to make a good faith

 2  effort to achieve such skills or diploma.  The court may grant

 3  early termination of community control, probation, or

 4  probation following incarceration upon the offender's

 5  successful completion of the approved program.  As used in

 6  this subsection, "good faith effort" means the offender is

 7  enrolled in a program of instruction and is attending and

 8  making satisfactory progress toward completion of the

 9  requirements.

10         (b)  A juvenile on community control who is a public

11  school student must attend a public adult education program or

12  a dropout prevention program, pursuant to s. 1003.53 230.2316,

13  which includes a second chance school or an alternative to

14  expulsion, if the school district where the juvenile is

15  enrolled offers such programs, unless the principal of the

16  school determines that special circumstances warrant

17  continuation in the regular educational school program.

18         Section 1046.  Paragraph (b) of subsection (9) and

19  subsection (27) of section 984.03, Florida Statutes, are

20  amended to read:

21         984.03  Definitions.--When used in this chapter, the

22  term:

23         (9)  "Child in need of services" means a child for whom

24  there is no pending investigation into an allegation or

25  suspicion of abuse, neglect, or abandonment; no pending

26  referral alleging the child is delinquent; or no current

27  supervision by the Department of Juvenile Justice or the

28  Department of Children and Family Services for an adjudication

29  of dependency or delinquency. The child must also, pursuant to

30  this chapter, be found by the court:

31  


                                 1776

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (b)  To be habitually truant from school, while subject

 2  to compulsory school attendance, despite reasonable efforts to

 3  remedy the situation pursuant to ss. 1003.26 232.17 and

 4  1003.27 232.19 and through voluntary participation by the

 5  child's parents or legal custodians and by the child in family

 6  mediation, services, and treatment offered by the Department

 7  of Juvenile Justice or the Department of Children and Family

 8  Services; or

 9         (27)  "Habitually truant" means that:

10         (a)  The child has 15 unexcused absences within 90

11  calendar days with or without the knowledge or justifiable

12  consent of the child's parent or legal guardian, is subject to

13  compulsory school attendance under s. 1003.21(1) and (2)(a)

14  232.01, and is not exempt under s. 1003.21(3) 232.06, s.

15  1003.24 232.09, or any other exemptions specified by law or

16  the rules of the State Board of Education.

17         (b)  Activities to determine the cause, and to attempt

18  the remediation, of the child's truant behavior under ss.

19  1003.26 232.17 and 1003.27(3) 232.19(3), have been completed.

20  

21  If a child who is subject to compulsory school attendance is

22  responsive to the interventions described in ss. 1003.26

23  232.17 and 1003.27(3) 232.19(3) and has completed the

24  necessary requirements to pass the current grade as indicated

25  in the district pupil progression plan, the child shall not be

26  determined to be habitually truant and shall be passed. If a

27  child within the compulsory school attendance age has 15

28  unexcused absences within 90 calendar days or fails to enroll

29  in school, the State Attorney may, or the appropriate

30  jurisdictional agency shall, file a child-in-need-of-services

31  petition if recommended by the case staffing committee, unless


                                 1777

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  it is determined that another alternative action is

 2  preferable. The failure or refusal of the parent or legal

 3  guardian or the child to participate, or make a good faith

 4  effort to participate, in the activities prescribed to remedy

 5  the truant behavior, or the failure or refusal of the child to

 6  return to school after participation in activities required by

 7  this subsection, or the failure of the child to stop the

 8  truant behavior after the school administration and the

 9  Department of Juvenile Justice have worked with the child as

10  described in ss. 1003.26 232.17 and 1003.27(3) 232.19(3) shall

11  be handled as prescribed in s. 1003.27 232.19.

12         Section 1047.  Section 984.05, Florida Statutes, is

13  amended to read:

14         984.05  Rules relating to habitual truants; adoption by

15  State Board Department of Education and Department of Juvenile

16  Justice.--The Department of Juvenile Justice and the State

17  Board Department of Education shall work together on the

18  development of, and shall adopt, rules as necessary for the

19  implementation of ss. 232.19, 984.03(27), and 985.03(25), and

20  1003.27.

21         Section 1048.  Subsection (1) of section 984.151,

22  Florida Statutes, is amended to read:

23         984.151  Truancy petition; prosecution; disposition.--

24         (1)  If the school determines that a student subject to

25  compulsory school attendance has had at least five unexcused

26  absences, or absences for which the reasons are unknown,

27  within a calendar month or 10 unexcused absences, or absences

28  for which the reasons are unknown, within a 90-calendar-day

29  period pursuant to s. 1003.26(1)(b) 232.17(1)(b), or has had

30  more than 15 unexcused absences in a 90-calendar-day period,

31  the superintendent of schools may file a truancy petition.


                                 1778

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 1049.  Subsection (3) of section 984.19,

 2  Florida Statutes, is amended to read:

 3         984.19  Medical, psychiatric, and psychological

 4  examination and treatment of child; physical or mental

 5  examination of parent, guardian, or person requesting custody

 6  of child.--

 7         (3)  A judge may order that a child alleged to be or

 8  adjudicated a child in need of services be examined by a

 9  licensed health care professional. The judge may also order

10  such child to be evaluated by a psychiatrist or a

11  psychologist, by a district school board educational needs

12  assessment team, or, if a developmental disability is

13  suspected or alleged, by the developmental disability

14  diagnostic and evaluation team of the Department of Children

15  and Family Services.  The judge may order a family assessment

16  if that assessment was not completed at an earlier time.  If

17  it is necessary to place a child in a residential facility for

18  such evaluation, then the criteria and procedure established

19  in s. 394.463(2) or chapter 393 shall be used, whichever is

20  applicable.  The educational needs assessment provided by the

21  district school board educational needs assessment team shall

22  include, but not be limited to, reports of intelligence and

23  achievement tests, screening for learning disabilities and

24  other handicaps, and screening for the need for alternative

25  education pursuant to s. 1003.53 230.2316.

26         Section 1050.  Paragraph (b) of subsection (8) and

27  subsection (25) of section 985.03, Florida Statutes, are

28  amended to read:

29         985.03  Definitions.--When used in this chapter, the

30  term:

31  


                                 1779

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         (8)  "Child in need of services" means a child for whom

 2  there is no pending investigation into an allegation or

 3  suspicion of abuse, neglect, or abandonment; no pending

 4  referral alleging the child is delinquent; or no current

 5  supervision by the Department of Juvenile Justice or the

 6  Department of Children and Family Services for an adjudication

 7  of dependency or delinquency. The child must also, pursuant to

 8  this chapter, be found by the court:

 9         (b)  To be habitually truant from school, while subject

10  to compulsory school attendance, despite reasonable efforts to

11  remedy the situation pursuant to ss. 1003.26 232.17 and

12  1003.27 232.19 and through voluntary participation by the

13  child's parents or legal custodians and by the child in family

14  mediation, services, and treatment offered by the Department

15  of Juvenile Justice or the Department of Children and Family

16  Services; or

17         (25)  "Habitually truant" means that:

18         (a)  The child has 15 unexcused absences within 90

19  calendar days with or without the knowledge or justifiable

20  consent of the child's parent or legal guardian, is subject to

21  compulsory school attendance under s. 1003.21(1) and (2)(a)

22  232.01, and is not exempt under s. 1003.21(3) 232.06, s.

23  1003.24 232.09, or any other exemptions specified by law or

24  the rules of the State Board of Education.

25         (b)  Escalating activities to determine the cause, and

26  to attempt the remediation, of the child's truant behavior

27  under ss. 1003.26 232.17 and 1003.27 232.19 have been

28  completed.

29  

30  If a child who is subject to compulsory school attendance is

31  responsive to the interventions described in ss. 1003.26


                                 1780

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  232.17 and 1003.27 232.19 and has completed the necessary

 2  requirements to pass the current grade as indicated in the

 3  district pupil progression plan, the child shall not be

 4  determined to be habitually truant and shall be passed. If a

 5  child within the compulsory school attendance age has 15

 6  unexcused absences within 90 calendar days or fails to enroll

 7  in school, the state attorney may file a

 8  child-in-need-of-services petition. Prior to filing a

 9  petition, the child must be referred to the appropriate agency

10  for evaluation.  After consulting with the evaluating agency,

11  the state attorney may elect to file a

12  child-in-need-of-services petition.

13         (c)  A school representative, designated according to

14  school board policy, and a juvenile probation officer of the

15  Department of Juvenile Justice have jointly investigated the

16  truancy problem or, if that was not feasible, have performed

17  separate investigations to identify conditions that could be

18  contributing to the truant behavior; and if, after a joint

19  staffing of the case to determine the necessity for services,

20  such services were determined to be needed, the persons who

21  performed the investigations met jointly with the family and

22  child to discuss any referral to appropriate community

23  agencies for economic services, family or individual

24  counseling, or other services required to remedy the

25  conditions that are contributing to the truant behavior.

26         (d)  The failure or refusal of the parent or legal

27  guardian or the child to participate, or make a good faith

28  effort to participate, in the activities prescribed to remedy

29  the truant behavior, or the failure or refusal of the child to

30  return to school after participation in activities required by

31  this subsection, or the failure of the child to stop the


                                 1781

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  truant behavior after the school administration and the

 2  Department of Juvenile Justice have worked with the child as

 3  described in s. 1003.27(3) 232.19(3) shall be handled as

 4  prescribed in s. 1003.27 232.19.

 5         Section 1051.  Paragraph (b) of subsection (7) of

 6  section 985.04, Florida Statutes, is amended to read:

 7         985.04  Oaths; records; confidential information.--

 8         (7)

 9         (b)  Notwithstanding paragraph (a) or any other

10  provision of this section, when a child of any age is formally

11  charged by a state attorney with a felony or a delinquent act

12  that would be a felony if committed by an adult, the state

13  attorney shall notify the superintendent of the child's school

14  that the child has been charged with such felony or delinquent

15  act. The information obtained by the superintendent of schools

16  pursuant to this section must be released within 48 hours

17  after receipt to appropriate school personnel, including the

18  principal of the school of the child. The principal must

19  immediately notify the child's immediate classroom teachers.

20  Upon notification, the principal is authorized to begin

21  disciplinary actions pursuant to s. 1006.09(1)-(4) 232.26.

22         Section 1052.  Subsection (5) of section 985.316,

23  Florida Statutes, is amended to read:

24         985.316  Conditional release.--

25         (5)  Participation in the educational program by

26  students of compulsory school attendance age pursuant to s.

27  1003.21(1) and (2)(a) 232.01 is mandatory for juvenile justice

28  youth on conditional release or postcommitment probation

29  status. A student of noncompulsory school-attendance age who

30  has not received a high school diploma or its equivalent must

31  participate in the educational program. A youth who has


                                 1782

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  received a high school diploma or its equivalent and is not

 2  employed must participate in workforce development or other

 3  career vocational or technical education or attend a community

 4  college or a university while in the program, subject to

 5  available funding.

 6         Section 1053.  Subsection (3) of section 985.412,

 7  Florida Statutes, is amended to read:

 8         985.412  Quality assurance and cost-effectiveness.--

 9         (3)  The department shall annually collect and report

10  cost data for every program operated or contracted by the

11  department. The cost data shall conform to a format approved

12  by the department and the Legislature. Uniform cost data shall

13  be reported and collected for state-operated and contracted

14  programs so that comparisons can be made among programs. The

15  department shall ensure that there is accurate cost accounting

16  for state-operated services including market-equivalent rent

17  and other shared cost. The cost of the educational program

18  provided to a residential facility shall be reported and

19  included in the cost of a program. The department shall submit

20  an annual cost report to the President of the Senate, the

21  Speaker of the House of Representatives, the Minority Leader

22  of each house of the Legislature, the appropriate substantive

23  and fiscal committees of each house of the Legislature, and

24  the Governor, no later than December 1 of each year.

25  Cost-benefit analysis for educational programs will be

26  developed and implemented in collaboration with and in

27  cooperation with the Department of Education, local providers,

28  and local school districts. Cost data for the report shall

29  include data collected by the Department of Education for the

30  purposes of preparing the annual report required by s.

31  1003.52(20) 230.23161(21).


                                 1783

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1         Section 1054.  The purpose of the Legislature in

 2  revising this education code is to rearrange, renumber,

 3  reword, reorder, streamline, consolidate, and update the code

 4  consistent with current law and the new K-20 education

 5  governance structure. It is not the purpose of the Legislature

 6  in revising the education code to affect existing judicial or

 7  administrative law.

 8         Section 1055.  Effective upon this act becoming a law,

 9  the Secretary of Education, in consultation with the

10  Commissioner of Education, may establish, abolish, or

11  consolidate bureaus, sections, and subsections and may

12  reallocate duties and functions within the Department of

13  Education in order to promote effective and efficient

14  operation of the department and to implement changes to the

15  state system of education initiated by the adoption of the

16  1998 amendment to Art. IX of the State Constitution as

17  implemented by the Legislature in chapter 2001-170, Laws of

18  Florida. Authorized positions and appropriations may be

19  transferred from one budget entity to another as required to

20  implement the reorganization. This section is repealed

21  December 31, 2002.

22         Section 1056.  Subsection (1) of section 187.201,

23  Florida Statutes, is repealed.

24         Section 1057.  Section 2 of chapter 2000-181, Laws of

25  Florida, is repealed.

26         Section 1058.  Part I of chapter 243 and chapters 228,

27  229, 230, 231, 232, 233, 234, 235, 236, 237, 239, 240, 241,

28  242, 244, and 246, Florida Statutes (2001), are repealed,

29  except that any exemption from public records or public

30  meetings laws contained in such part or chapters that has been

31  continued in effect by this act shall be considered to have


                                 1784

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  been transferred effective January 7, 2003, rather than

 2  repealed.

 3         Section 1059.  In editing the manuscript for the 2002

 4  Florida Statutes, the Division of Statutory Revision is

 5  directed to incorporate any amendments, by laws passed during

 6  the 2002 Regular Session of the Legislature or any 2002

 7  Special Sessions of the Legislature, to provisions repealed by

 8  this act into the parallel successor provisions created by

 9  this act.  The division is further directed to transfer any

10  provisions enacted within part I of chapter 243 or chapters

11  228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 239, 240,

12  241, 242, 244, and 246, Florida Statutes, by 2002 legislation

13  to parallel locations in accordance with this act.

14         Section 1060.  (1)  Chapters 1000, 1001, 1002, 1003,

15  1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, and

16  1013, Florida Statutes, as created by this act, shall be

17  reviewed by the Legislature in the 2003 Regular Session of the

18  Legislature.

19         (2)  This section is repealed July 1, 2003.

20         Section 1061.  Each district school board shall develop

21  a plan for a K-12 foreign language curriculum and must submit

22  its plan to the Commissioner of Education by June 30, 2004.

23         Section 1062.  Paragraph (a) of subsection (1) of

24  section 110.1099, Florida Statutes, is amended to read:

25         110.1099  Education and training opportunities for

26  state employees.--

27         (1)(a)  Education and training are an integral

28  component in improving the delivery of services to the public.

29  Recognizing that the application of productivity-enhancing

30  technology and practice demands continuous educational and

31  training opportunities, a state employee may be authorized to


                                 1785

CODING: Words stricken are deletions; words underlined are additions.






    SB 20-E                                  First Engrossed (ntc)



 1  receive a voucher or grant, for matriculation fees, to attend

 2  work-related courses at public community colleges, public

 3  technical centers, or public universities. Student credit

 4  hours generated by state employee fee waivers shall be

 5  fundable credit hours. The department may implement the

 6  provisions of this section from funds appropriated to the

 7  department for this purpose. In the event insufficient funds

 8  are appropriated to the department, each state agency may

 9  supplement these funds to support the training and education

10  needs of its employees from funds appropriated to the agency.

11         Section 1063.  The Department of Education shall each

12  year distribute for informational purposes to all district

13  school board members, district school superintendents, school

14  principals, and teachers the entire guidelines on "Religious

15  Expression in Public Schools" published by the United States

16  Department of Education, as updated from time to time.

17         Section 1064.  If any provision of this act or its

18  application to any person or circumstance is held invalid, the

19  invalidity shall not affect other provisions or applications

20  of the act which can be given effect without the invalid

21  provision or application, and to this end the provisions of

22  this act are declared severable.

23         Section 1065.  Except as otherwise provided herein,

24  this act shall take effect January 7, 2003.

25  

26  

27  

28  

29  

30  

31  


                                 1786

CODING: Words stricken are deletions; words underlined are additions.