Senate Bill sb1646c1
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    Florida Senate - 2003                           CS for SB 1646
    By the Committee on Education; and Senator Constantine
    304-1888-03
  1                      A bill to be entitled
  2         An act relating to implementation of Amendment
  3         9 to the Florida Constitution (November 2002
  4         election); providing a short title; amending s.
  5         121.091, F.S.; authorizing instructional
  6         personnel who receive authorization to extend
  7         participation in the Deferred Retirement Option
  8         Program; amending s. 1001.42, F.S.; clarifying
  9         provisions concerning a school-within-a-school;
10         amending ss. 1003.01 and 1003.02, F.S.;
11         defining the terms "core-curricular courses"
12         and "extracurricular courses"; requiring school
13         districts to notify parents of acceleration
14         mechanisms; eliminating a cross-reference to
15         conform to changes made by the act; amending s.
16         1003.03, F.S.; establishing constitutional
17         class size caps; providing for the
18         determination of averages; providing for the
19         department to calculate averages based upon
20         student membership surveys; providing
21         implementation options for school districts;
22         providing accountability for the class size
23         reduction measures; providing that a district
24         school board that fails to comply with maximum
25         class size requirements is subject to
26         suspension by the Governor; amending s.
27         1003.43, F.S.; removing the requirement that a
28         life management course be offered during the
29         9th and 10th grade years; amending s. 1003.436,
30         F.S.; reducing the number of hours required for
31         one full credit; amending s. 1011.62, F.S.;
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 1         removing a date limitation to provide for
 2         categorical flexibility; amending s. 1011.69,
 3         F.S.; deleting obsolete provisions; providing
 4         that Classrooms for Kids operating categorial
 5         funds are not subject to provisions requiring
 6         equity in school funding; amending s. 1012.56,
 7         F.S.; amending the time period for an
 8         authorized statement of status of eligibility
 9         for educator certification requirements;
10         amending requirements for mastery of general
11         knowledge for a teaching certificate; revising
12         requirements for mastery of subject area
13         knowledge; revising requirements for mastery of
14         professional competence; amending s. 1012.57,
15         F.S.; requiring district school boards to adopt
16         rules to allow for the issuance of adjunct
17         educator certificates; amending s. 1013.03,
18         F.S.; requiring the department to review rules
19         relating to school construction and make
20         recommendations to the State Board of
21         Education; amending s. 1013.31, F.S.; requiring
22         school districts to periodically update the
23         inventory of educational facilities; creating
24         s. 1013.368, F.S.; requiring all new schools
25         constructed by a specified date to meet certain
26         limits on the cost per student station;
27         requiring the Department of Management Services
28         to request a determination from the United
29         States Internal Revenue Service; providing that
30         the changes effected by this act to the
31         Deferred Retirement Option Program are
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 1         contingent upon such determination or other
 2         favorable opinion; creating the Florida
 3         Business and Education in School Together
 4         (Florida BEST) Program; requiring school
 5         districts to seek business partners for Florida
 6         BEST schools; requiring each school district to
 7         create a Florida BEST school evaluation
 8         committee; defining a "Florida Business and
 9         Education in School Together (Florida BEST)
10         school"; providing for priority in admission of
11         students; providing parental responsibility;
12         providing for contracts to operate Florida BEST
13         schools; providing school district and business
14         responsibilities for Florida BEST schools;
15         providing exemptions from local government
16         ordinances or regulations relating to square
17         footage or floor area; repealing ss.
18         1002.33(13), 1012.41, 1013.21, and 1013.43,
19         F.S., relating to number of charter schools,
20         directors of career and technical education,
21         relocatable facilities, and the small school
22         requirement; providing for severability;
23         providing effective dates.
24  
25  Be It Enacted by the Legislature of the State of Florida:
26  
27         Section 1.  This act may be cited as the "Class Size
28  Reduction Implementing Act."
29         Section 2.  Paragraphs (a) and (b) of subsection (13)
30  of section 121.091, Florida Statutes, are amended to read:
31  
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 1         121.091  Benefits payable under the system.--Benefits
 2  may not be paid under this section unless the member has
 3  terminated employment as provided in s. 121.021(39)(a) or
 4  begun participation in the Deferred Retirement Option Program
 5  as provided in subsection (13), and a proper application has
 6  been filed in the manner prescribed by the department. The
 7  department may cancel an application for retirement benefits
 8  when the member or beneficiary fails to timely provide the
 9  information and documents required by this chapter and the
10  department's rules. The department shall adopt rules
11  establishing procedures for application for retirement
12  benefits and for the cancellation of such application when the
13  required information or documents are not received.
14         (13)  DEFERRED RETIREMENT OPTION PROGRAM.--In general,
15  and subject to the provisions of this section, the Deferred
16  Retirement Option Program, hereinafter referred to as the
17  DROP, is a program under which an eligible member of the
18  Florida  Retirement System may elect to participate, deferring
19  receipt of retirement benefits while continuing employment
20  with his or her Florida Retirement System employer. The
21  deferred monthly benefits shall accrue in the System Trust
22  Fund on behalf of the participant, plus interest compounded
23  monthly, for the specified period of the DROP participation,
24  as provided in paragraph (c). Upon termination of employment,
25  the participant shall receive the total DROP benefits and
26  begin to receive the previously determined normal retirement
27  benefits. Participation in the DROP does not guarantee
28  employment for the specified period of DROP.
29         (a)  Eligibility of member to participate in the
30  DROP.--All active Florida Retirement System members in a
31  regularly established position, and all active members of
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 1  either the Teachers' Retirement System established in chapter
 2  238 or the State and County Officers' and Employees'
 3  Retirement System established in chapter 122 which systems are
 4  consolidated within the Florida Retirement System under s.
 5  121.011, are eligible to elect participation in the DROP
 6  provided that:
 7         1.  The member is not a renewed member of the Florida
 8  Retirement System under s. 121.122, or a member of the State
 9  Community College System Optional Retirement Program under s.
10  121.051, the Senior Management Service Optional Annuity
11  Program under s. 121.055, or the optional retirement program
12  for the State University System under s. 121.35.
13         2.  Except as provided in subparagraph 6., election to
14  participate is made within 12 months immediately following the
15  date on which the member first reaches normal retirement date,
16  or, for a member who reaches normal retirement date based on
17  service before he or she reaches age 62, or age 55 for Special
18  Risk Class members, election to participate may be deferred to
19  the 12 months immediately following the date the member
20  attains 57, or age 52 for Special Risk Class members. For a
21  member who first reached normal retirement date or the
22  deferred eligibility date described above prior to the
23  effective date of this section, election to participate shall
24  be made within 12 months after the effective date of this
25  section. A member who fails to make an election within such
26  12-month limitation period shall forfeit all rights to
27  participate in the DROP. The member shall advise his or her
28  employer and the division in writing of the date on which the
29  DROP shall begin. Such beginning date may be subsequent to the
30  12-month election period, but must be within the 60-month or,
31  with respect to members who are instructional personnel as
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 1  defined in s. 1012.01(2)(a)-(d) in grades K-12 and who have
 2  received authorization by the district school superintendent
 3  to participate in DROP for more than 60 months, the 96-month
 4  limitation period as provided in subparagraph (b)1. When
 5  establishing eligibility of the member to participate in the
 6  DROP for the 60-month or, with respect to members who are
 7  instructional personnel as defined in s. 1012.01(2)(a)-(d) in
 8  grades K-12 and who have received authorization by the
 9  district school superintendent to participate in DROP for more
10  than 60 months, the 96-month maximum participation period, the
11  member may elect to include or exclude any optional service
12  credit purchased by the member from the total service used to
13  establish the normal retirement date. A member with dual
14  normal retirement dates shall be eligible to elect to
15  participate in DROP within 12 months after attaining normal
16  retirement date in either class.
17         3.  The employer of a member electing to participate in
18  the DROP, or employers if dually employed, shall acknowledge
19  in writing to the division the date the member's participation
20  in the DROP begins and the date the member's employment and
21  DROP participation will terminate.
22         4.  Simultaneous employment of a participant by
23  additional Florida Retirement System employers subsequent to
24  the commencement of participation in the DROP shall be
25  permissible provided such employers acknowledge in writing a
26  DROP termination date no later than the participant's existing
27  termination date or the 60-month limitation period as provided
28  in subparagraph (b)1.
29         5.  A DROP participant may change employers while
30  participating in the DROP, subject to the following:
31  
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 1         a.  A change of employment must take place without a
 2  break in service so that the member receives salary for each
 3  month of continuous DROP participation.  If a member receives
 4  no salary during a month, DROP participation shall cease
 5  unless the employer verifies a continuation of the employment
 6  relationship for such participant pursuant to s.
 7  121.021(39)(b).
 8         b.  Such participant and new employer shall notify the
 9  division on forms required by the division as to the identity
10  of the new employer.
11         c.  The new employer shall acknowledge, in writing, the
12  participant's DROP termination date, which may be extended but
13  not beyond the original 60-month or, with respect to members
14  who are instructional personnel as defined in s.
15  1012.01(2)(a)-(d) in grades K-12 and who have received
16  authorization by the district school superintendent to
17  participate in DROP for more than 60 months, the 96-month
18  period provided in subparagraph (b)1., shall acknowledge
19  liability for any additional retirement contributions and
20  interest required if the participant fails to timely terminate
21  employment, and shall be subject to the adjustment required in
22  sub-subparagraph (c)5.d.
23         6.  Effective July 1, 2001, for instructional personnel
24  as defined in s. 1012.01(2), election to participate in the
25  DROP shall be made at any time following the date on which the
26  member first reaches normal retirement date. The member shall
27  advise his or her employer and the division in writing of the
28  date on which the Deferred Retirement Option Program shall
29  begin. When establishing eligibility of the member to
30  participate in the DROP for the 60-month or, with respect to
31  members who are instructional personnel as defined in s.
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 1  1012.01(2)(a)-(d) in grades K-12 and who have received
 2  authorization by the district school superintendent to
 3  participate in DROP for more than 60 months, the 96-month
 4  maximum participation period, as provided in subparagraph
 5  (b)1., the member may elect to include or exclude any optional
 6  service credit purchased by the member from the total service
 7  used to establish the normal retirement date. A member with
 8  dual normal retirement dates shall be eligible to elect to
 9  participate in either class.
10         (b)  Participation in the DROP.--
11         1.  An eligible member may elect to participate in the
12  DROP for a period not to exceed a maximum of 60 calendar
13  months or, with respect to members who are instructional
14  personnel as defined in s. 1012.01(2)(a)-(d) in grades K-12
15  and who have received authorization by the district school
16  superintendent to participate in DROP for more than 60
17  calendar months, a maximum of 96 calendar months immediately
18  following the date on which the member first reaches his or
19  her normal retirement date or the date to which he or she is
20  eligible to defer his or her election to participate as
21  provided in subparagraph (a)2. However, a member who has
22  reached normal retirement date prior to the effective date of
23  the DROP shall be eligible to participate in the DROP for a
24  period of time not to exceed 60 calendar months or, with
25  respect to members who are instructional personnel as defined
26  in s. 1012.01(2)(a)-(d) in grades K-12 and who have received
27  authorization by the district school superintendent to
28  participate in DROP for more than 60 calendar months, 96
29  calendar months immediately following the effective date of
30  the DROP, except a member of the Special Risk Class who has
31  reached normal retirement date prior to the effective date of
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 1  the DROP and whose total accrued value exceeds 75 percent of
 2  average final compensation as of his or her effective date of
 3  retirement shall be eligible to participate in the DROP for no
 4  more than 36 calendar months immediately following the
 5  effective date of the DROP.
 6         2.  Upon deciding to participate in the DROP, the
 7  member shall submit, on forms required by the division:
 8         a.  A written election to participate in the DROP;
 9         b.  Selection of the DROP participation and termination
10  dates, which satisfy the limitations stated in paragraph (a)
11  and subparagraph 1. Such termination date shall be in a
12  binding letter of resignation with the employer, establishing
13  a deferred termination date. The member may change the
14  termination date within the limitations of subparagraph 1.,
15  but only with the written approval of his or her employer;
16         c.  A properly completed DROP application for service
17  retirement as provided in this section; and
18         d.  Any other information required by the division.
19         3.  The DROP participant shall be a retiree under the
20  Florida Retirement System for all purposes, except for
21  paragraph (5)(f) and subsection (9) and ss. 112.3173, 112.363,
22  121.053, and 121.122. However, participation in the DROP does
23  not alter the participant's employment status and such
24  employee shall not be deemed retired from employment until his
25  or her deferred resignation is effective and termination
26  occurs as provided in s. 121.021(39).
27         4.  Elected officers shall be eligible to participate
28  in the DROP subject to the following:
29         a.  An elected officer who reaches normal retirement
30  date during a term of office may defer the election to
31  participate in the DROP until the next succeeding term in that
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 1  office. Such elected officer who exercises this option may
 2  participate in the DROP for up to 60 calendar months or a
 3  period of no longer than such succeeding term of office,
 4  whichever is less.
 5         b.  An elected or a nonelected participant may run for
 6  a term of office while participating in DROP and, if elected,
 7  extend the DROP termination date accordingly, except, however,
 8  if such additional term of office exceeds the 60-month
 9  limitation established in subparagraph 1., and the officer
10  does not resign from office within such 60-month limitation,
11  the retirement and the participant's DROP shall be null and
12  void as provided in sub-subparagraph (c)5.d.
13         c.  An elected officer who is dually employed and
14  elects to participate in DROP shall be required to satisfy the
15  definition of termination within the 60-month or, with respect
16  to members who are instructional personnel as defined in s.
17  1012.01(2)(a)-(d) in grades K-12 and who have received
18  authorization by the district school superintendent to
19  participate in DROP for more than 60 months, the 96-month
20  limitation period as provided in subparagraph 1. for the
21  nonelected position and may continue employment as an elected
22  officer as provided in s. 121.053. The elected officer will be
23  enrolled as a renewed member in the Elected Officers' Class or
24  the Regular Class, as provided in ss. 121.053 and 121.22, on
25  the first day of the month after termination of employment in
26  the nonelected position and termination of DROP. Distribution
27  of the DROP benefits shall be made as provided in paragraph
28  (c).
29         Section 3.  Subsection (20) of section 1001.42, Florida
30  Statutes, is amended to read:
31  
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 1         1001.42  Powers and duties of district school
 2  board.--The district school board, acting as a board, shall
 3  exercise all powers and perform all duties listed below:
 4         (20)  SCHOOL-WITHIN-A-SCHOOL.--In order to reduce the
 5  anonymity of students in large schools, adopt policies to
 6  encourage any large school that does not meet the definition
 7  of a small school, as established by s. 1013.43(2), to
 8  subdivide into schools-within-a-school that shall operate
 9  within existing resources in accordance with the provisions of
10  chapter 1003.
11         Section 4.  Subsections (14) and (15) are added to
12  section 1003.01, Florida Statutes, to read:
13         1003.01  Definitions.--As used in this chapter, the
14  term:
15         (14)  "Core-curricula courses" mean courses defined by
16  the Department of Education as mathematics, language
17  arts/reading, science, social studies, foreign language,
18  English for Speakers of Other Languages, exceptional student
19  education, and courses taught in traditional self-contained
20  elementary school classrooms.
21         (15)  "Extracurricular courses" means all courses that
22  are not defined as "core-curricula courses," which may
23  include, but are not limited to, physical education, fine
24  arts, performing fine arts, vocational education, and career
25  and technical education.
26         Section 5.  Paragraph (i) is added to subsection (1) of
27  section 1003.02, Florida Statutes, and subsection (4) of that
28  section is amended, to read:
29         1003.02  District school board operation and control of
30  public K-12 education within the school district.--As provided
31  in part II of chapter 1001, district school boards are
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 1  constitutionally and statutorily charged with the operation
 2  and control of public K-12 education within their school
 3  district. The district school boards must establish, organize,
 4  and operate their public K-12 schools and educational
 5  programs, employees, and facilities. Their responsibilities
 6  include staff development, public K-12 school student
 7  education including education for exceptional students and
 8  students in juvenile justice programs, special programs, adult
 9  education programs, and career and technical education
10  programs. Additionally, district school boards must:
11         (1)  Provide for the proper accounting for all students
12  of school age, for the attendance and control of students at
13  school, and for proper attention to health, safety, and other
14  matters relating to the welfare of students in the following
15  fields:
16         (i)  Parental notification of acceleration
17  mechanisms.--At the beginning of each school year, notify
18  parents of students in or entering high school of the
19  opportunity and benefits of advanced placement, International
20  Baccalaureate, Advanced International Certificate of
21  Education, dual enrollment, and Florida Virtual School
22  courses.
23         (4)  For any school within the district that is not in
24  compliance with the small school size requirements of chapter
25  1013, In order to reduce the anonymity of students in large
26  schools, adopt policies that encourage subdivision of the
27  school into schools-within-a-school, which shall operate
28  within existing resources. A "school-within-a-school" means an
29  operational program that uses flexible scheduling, team
30  planning, and curricular and instructional innovation to
31  organize groups of students with groups of teachers as smaller
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 1  units, so as to functionally operate as a smaller school.
 2  Examples of this include, but are not limited to:
 3         (a)  An organizational arrangement assigning both
 4  students and teachers to smaller units in which the students
 5  take some or all of their coursework with their fellow grouped
 6  students and from the teachers assigned to the smaller unit. A
 7  unit may be grouped together for 1 year or on a vertical,
 8  multiyear basis.
 9         (b)  An organizational arrangement similar to that
10  described in paragraph (a) with additional variations in
11  instruction and curriculum.  The smaller unit usually seeks to
12  maintain a program different from that of the larger school,
13  or of other smaller units. It may be vertically organized, but
14  is dependent upon the school principal for its existence,
15  budget, and staff.
16         (c)  A separate and autonomous smaller unit formally
17  authorized by the district school board or district school
18  superintendent. The smaller unit plans and runs its own
19  program, has its own staff and students, and receives its own
20  separate budget. The smaller unit must negotiate the use of
21  common space with the larger school and defer to the building
22  principal on matters of safety and building operation.
23         Section 6.  Section 1003.03, Florida Statutes, is
24  amended to read:
25         (Substantial rewording of section. See
26         s. 1003.03, F.S., for present text.)
27         1003.03  Maximum class size.--
28         (1)  CONSTITUTIONAL CLASS SIZE MAXIMUM CAPS.--Pursuant
29  to s. 1, Art. IX of the State Constitution, beginning in the
30  2010-2011 school year:
31  
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 1         (a)  The maximum number of students assigned to each
 2  teacher who is teaching core-curricula courses in public
 3  school classrooms for prekindergarten through grade 3 may not
 4  exceed 18 students.
 5         (b)  The maximum number of students assigned to each
 6  teacher who is teaching core-curricula courses in public
 7  school classrooms for grades 4 through 8 may not exceed 22
 8  students.
 9         (c)  The maximum number of students assigned to each
10  teacher who is teaching core-curricula courses in public
11  school classrooms for grades 9 through 12 may not exceed 25
12  students.
13         (2)  IMPLEMENTATION.--
14         (a)  Beginning with the 2003-2004 fiscal year, school
15  districts shall reduce the average number of students per
16  classroom in each of the following grade groupings:
17  prekindergarten through grade 3, grade 4 through grade 8, and
18  grade 9 through grade 12, by at least two students per year
19  until the maximum number of students per classroom does not
20  exceed the constitutional class size maximum caps described in
21  subsection (1).
22         (b)  Determination of the average number of students
23  per classroom in paragraph (a) shall be calculated as follows:
24         1.  For fiscal years 2003-2004 through 2005-2006, the
25  calculation for compliance for each of the 3 grade groupings
26  shall be at the district level.
27         2.  For fiscal years 2006-2007 through 2007-2008, the
28  calculation for compliance for each of the 3 grade groupings
29  shall be at the school level.
30  
31  
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 1         3.  For fiscal years 2008-2009 and 2009-2010, the
 2  calculation for compliance shall be at the individual
 3  classroom level.
 4         (c)  The Department of Education shall annually
 5  calculate each of the three average class size measures
 6  defined in paragraphs (a) and (b) based upon the October and
 7  February student membership surveys. For purposes of
 8  determining the baseline from which each district's average
 9  class size must be reduced for the 2003-2004 school year, the
10  department shall use data from the March 2003 student
11  membership survey.
12         (d)  Prior to the adoption of the district school
13  budget for 2003-2004, each district school board shall hold
14  public hearings to review school attendance zones in order to
15  ensure maximum use of facilities while minimizing the
16  additional use of transportation in order to comply with the
17  two-student-per-year reduction required in paragraph (a).
18  School districts that meet the constitutional class size
19  maximum caps described in subsection (1) are exempt from this
20  requirement.
21         (3)  IMPLEMENTATION OPTIONS.--District school boards
22  must consider, but are not limited to, implementing the
23  following items in order to meet the constitutional class size
24  maximum caps described in subsection (1) and the
25  two-student-per-year reduction required in subsection (2):
26         (a)  Adopt policies to encourage qualified students to
27  take dual enrollment courses.
28         (b)  Adopt policies to encourage students to take
29  courses from the Florida Virtual School.
30  
31  
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 1         (c)  Repeal district school board policies that require
 2  students to have more than 24 credits to graduate from high
 3  school.
 4         (d)  Use methods to maximize use of instructional
 5  staff, such as changing required teaching loads and scheduling
 6  of planning periods, deploying district employees that have
 7  professional certification to the classroom, using adjunct
 8  educators, or any other method not prohibited by law.
 9         (e)  Use innovative methods to reduce the cost of
10  school construction by using prototype school designs, using
11  SMART Schools designs, participating in the School
12  Infrastructure Thrift Program, or any other method not
13  prohibited by law.
14         (f)  Use joint-use facilities through partnerships with
15  community colleges, state universities, and private colleges
16  and universities.
17         (g)  Adopt alternative methods of class scheduling,
18  such as block scheduling.
19         (h)  Redraw school attendance zones to maximize use of
20  facilities while minimizing the additional use of
21  transportation.
22         (i)  Operate schools beyond the normal operating hours
23  to provide classes in the evening or operate more than one
24  session of school during the day.
25         (j)  Use year-round schools and other nontraditional
26  calendars that do not adversely impact annual assessment of
27  student achievement.
28         (k)  Review and consider amending any collective
29  bargaining contracts that hinder the implementation of class
30  size reduction.
31         (l)  Use any other approach not prohibited by law.
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 1         (4)  ACCOUNTABILITY.--
 2         (a)  Beginning in the 2005-2006 school year, the
 3  department shall determine by January 15 of each year which
 4  districts have not met the two-student-per-year reduction
 5  required in subsection (2) for the current year based upon a
 6  comparison of the district's October student membership survey
 7  for the current school year and the October student membership
 8  survey for the prior school year. The department shall report
 9  such districts to the Legislature. Each district that has not
10  met the two-student-per-year reduction shall be required to
11  implement one of the following policies in the subsequent
12  school year unless the department finds that the district
13  comes into compliance based upon the February student
14  membership survey:
15         1.  Year-round schools;
16         2.  Double sessions;
17         3.  Extended school year; or
18         4.  Rezoning.
19  
20  A school district that is required to implement the policies
21  outlined in subparagraphs 1. through 4. shall correct in the
22  year of implementation any past deficiencies and bring the
23  district into compliance with the two-student-per-year
24  reduction goals established for the district by the department
25  pursuant to subsection (2). A school district may choose to
26  implement more than one of these policies. The district school
27  superintendent shall report to the Commissioner of Education
28  on the extent to which the district implemented any of the
29  policies outlined in subparagraphs 1. through 4. in a format
30  to be specified by the Commissioner. The Department of
31  Education shall use the enforcement authority provided in s.
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 1  1008.32, to ensure that districts comply with the provisions
 2  of this paragraph.
 3         (b)  Beginning in the 2006-2007 school year, the
 4  department shall annually determine which districts do not
 5  meet the requirements described in subsection (2). In addition
 6  to enforcement authority provided in s. 1008.32, the
 7  Department of Education shall develop a constitutional
 8  compliance plan for each such district which includes, but is
 9  not limited to, redrawing school attendance zones to maximize
10  use of facilities while minimizing the additional use of
11  transportation unless the department finds that the district
12  comes into compliance based upon the February student
13  membership survey and the other accountability policies listed
14  in paragraph (a). Each district school board shall implement
15  the constitutional compliance plan developed by the state
16  board until the district complies with the constitutional
17  class size maximum caps.
18  
19  Any district school board that does not comply with the
20  requirements of this section and s. 1, Art. IX of the State
21  Constitution shall be subject to suspension by the Governor
22  pursuant to s. 7, Art. IV of the State Constitution.
23         Section 7.  Paragraph (i) of subsection (1) of section
24  1003.43, Florida Statutes, is amended to read:
25         1003.43  General requirements for high school
26  graduation.--
27         (1)  Graduation requires successful completion of
28  either a minimum of 24 academic credits in grades 9 through 12
29  or an International Baccalaureate curriculum. The 24 credits
30  shall be distributed as follows:
31  
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 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  
13  District school boards may award a maximum of one-half credit
14  in social studies and one-half elective credit for student
15  completion of nonpaid voluntary community or school service
16  work.  Students choosing this option must complete a minimum
17  of 75 hours of service in order to earn the one-half credit in
18  either category of instruction.  Credit may not be earned for
19  service provided as a result of court action.  District school
20  boards that approve the award of credit for student volunteer
21  service shall develop guidelines regarding the award of the
22  credit, and school principals are responsible for approving
23  specific volunteer activities. A course designated in the
24  Course Code Directory as grade 9 through grade 12 that is
25  taken below the 9th grade may be used to satisfy high school
26  graduation requirements or Florida Academic Scholars award
27  requirements as specified in a district school board's student
28  progression plan. A student shall be granted credit toward
29  meeting the requirements of this subsection for equivalent
30  courses, as identified pursuant to s. 1007.271(6), taken
31  through dual enrollment.
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 1         Section 8.  Paragraph (a) of subsection (1) of section
 2  1003.436, Florida Statutes, is amended to read:
 3         1003.436  Definition of "credit".--
 4         (1)(a)  For the purposes of requirements for high
 5  school graduation, one full credit means a minimum of 120 135
 6  hours of bona fide instruction in a designated course of study
 7  that contains student performance standards. The State Board
 8  of Education shall determine the number of postsecondary
 9  credit hours earned through dual enrollment pursuant to s.
10  1007.271 that satisfy the requirements of a district's
11  interinstitutional articulation agreement according to s.
12  1007.235 and that equal one full credit of the equivalent high
13  school course identified pursuant to s. 1007.271(6).
14         Section 9.  Paragraph (b) of subsection (5) of section
15  1011.62, Florida Statutes, is amended to read:
16         1011.62  Funds for operation of schools.--If the annual
17  allocation from the Florida Education Finance Program to each
18  district for operation of schools is not determined in the
19  annual appropriations act or the substantive bill implementing
20  the annual appropriations act, it shall be determined as
21  follows:
22         (5)  CATEGORICAL FUNDS.--
23         (b)  For fiscal year 2002-2003, If a district school
24  board finds and declares in a resolution adopted at a regular
25  meeting of the school board that the funds received for any of
26  the following categorical appropriations are urgently needed
27  to maintain school board specified academic classroom
28  instruction, the school board may consider and approve an
29  amendment to the school district operating budget transferring
30  the identified amount of the categorical funds to the
31  appropriate account for expenditure:
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 1         1.  Funds for student transportation.
 2         2.  Funds for in-service educational personnel
 3  training.
 4         3.  Funds for safe schools.
 5         4.  Funds for public school technology.
 6         5.  Funds for teacher recruitment and retention.
 7         5.6.  Funds for supplemental academic instruction.
 8         Section 10.  Section 1011.69, Florida Statutes, is
 9  amended to read:
10         1011.69  Equity in School-Level Funding Act.--
11         (1)  This section may be cited as the "Equity in
12  School-Level Funding Act."
13         (2)(a)  Beginning in the 2000-2001 fiscal year,
14  district school boards shall allocate to each school within
15  the district at least 50 percent of the funds generated by
16  that school based upon the Florida Education Finance Program
17  as provided in s. 1011.62 and the General Appropriations Act,
18  including gross state and local funds, discretionary lottery
19  funds, and funds from the school district's current operating
20  discretionary millage levy.
21         (b)  Beginning in the 2001-2002 fiscal year, district
22  school boards shall allocate to each school within the
23  district at least 65 percent of the funds generated by that
24  school based upon the Florida Education Finance Program as
25  provided in s. 1011.62 and the General Appropriations Act,
26  including gross state and local funds, discretionary lottery
27  funds, and funds from the school district's current operating
28  discretionary millage levy.
29         (c)  Beginning in the 2002-2003 fiscal year, district
30  school boards shall allocate to each school within the
31  district at least 80 percent of the funds generated by that
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 1  school based upon the Florida Education Finance Program as
 2  provided in s. 1011.62 and the General Appropriations Act,
 3  including gross state and local funds, discretionary lottery
 4  funds, and funds from the school district's current operating
 5  discretionary millage levy.
 6         (d)  Beginning in the 2003-2004 fiscal year, district
 7  school boards shall allocate to each school within the
 8  district at least 90 percent of the funds generated by that
 9  school based upon the Florida Education Finance Program as
10  provided in s. 1011.62 and the General Appropriations Act,
11  including gross state and local funds, discretionary lottery
12  funds, and funds from the school district's current operating
13  discretionary millage levy. Total funding for each school
14  shall be recalculated during the year to reflect the revised
15  calculations under the Florida Education Finance Program by
16  the state and the actual weighted full-time equivalent
17  students reported by the school during the full-time
18  equivalent student survey periods designated by the
19  Commissioner of Education. If the district school board is
20  providing programs or services to students funded by federal
21  funds, any eligible students enrolled in the schools in the
22  district shall be provided federal funds. Only those districts
23  that initially applied for charter school district status,
24  pursuant to s. 1003.62, and have been approved by the State
25  Board of Education are exempt from the provisions of this
26  section.
27         (3)  Funds allocated to a school pursuant to this
28  section that are unused at the end of the fiscal year shall
29  not revert to the district, but shall remain with the school.
30  These carryforward funds may be used for any purpose provided
31  by law at the discretion of the principal of the school.
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 1         (4)  The following funds are excluded from the
 2  school-level allocation under this section:
 3         (4)  Recommendations made by the Governor's Equity in
 4  Educational Opportunity Task Force shall be reviewed to
 5  identify potential categorical funds to be included in the
 6  district allocation methodology required in subsection (2).
 7         (a)(5)  Funds appropriated in the General
 8  Appropriations Act for supplemental academic instruction to be
 9  used for the purposes described in s. 1011.62(1)(f); and
10         (b)  Funds appropriated in the General Appropriations
11  Act for the Classrooms for Kids operating categorical
12  established in s. 1011.685 are excluded from the school-level
13  allocation under this section.
14         Section 11.  Paragraph (b) of subsection (1) and
15  subsections (3), (4), and (5) of section 1012.56, Florida
16  Statutes, are amended to read:
17         1012.56  Educator certification requirements.--
18         (1)  APPLICATION.--Each person seeking certification
19  pursuant to this chapter shall submit a completed application
20  containing the applicant's social security number to the
21  Department of Education and remit the fee required pursuant to
22  s. 1012.59 and rules of the State Board of Education. Pursuant
23  to the federal Personal Responsibility and Work Opportunity
24  Reconciliation Act of 1996, each party is required to provide
25  his or her social security number in accordance with this
26  section. Disclosure of social security numbers obtained
27  through this requirement shall be limited to the purpose of
28  administration of the Title IV-D program of the Social
29  Security Act for child support enforcement. Pursuant to s.
30  120.60, the department shall issue within 90 calendar days
31  after the stamped receipted date of the completed application:
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 1         (a)  A certificate covering the classification, level,
 2  and area for which the applicant is deemed qualified; or
 3         (b)  An official statement of status of eligibility.
 4  The statement of status of eligibility must advise the
 5  applicant of any qualifications that must be completed to
 6  qualify for certification. Each statement of status of
 7  eligibility is valid for 2 years after its date of issuance,
 8  except as provided in paragraph (2)(d). A statement of status
 9  of eligibility may be reissued for one additional 2-year
10  period if application is made while the initial statement of
11  status of eligibility is valid or within 1 year after the
12  initial statement expires, and if the certification subject
13  area is authorized to be issued by the state board at the time
14  the application requesting a reissued statement of status of
15  eligibility is received.
16         (3)  MASTERY OF GENERAL KNOWLEDGE.--Acceptable means of
17  demonstrating mastery of general knowledge are:
18         (a)  Achievement of passing scores on basic skills
19  examination required by state board rule;
20         (b)  Achievement of passing scores on the College Level
21  Academic Skills Test earned prior to July 1, 2002;
22         (c)  A valid professional standard teaching certificate
23  issued by another state that requires an examination of
24  mastery of general knowledge;
25         (d)  A valid standard teaching certificate issued by
26  another state and valid certificate issued by the National
27  Board for Professional Teaching Standards or other such
28  nationally recognized organization as determined by the State
29  Board of Education; or
30         (e)  Documentation of two semesters of successful
31  teaching in a community college, state university, or private
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 1  college or university that awards an associate's or higher
 2  degree and is an accredited institution or an institution of
 3  higher education identified by the Department of Education as
 4  having a quality program. A valid standard teaching
 5  certificate issued by another state and documentation of 2
 6  years of continuous successful full-time teaching or
 7  administrative experience during the 5-year period immediately
 8  preceding the date of 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; or
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 other such
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 1  nationally recognized organization as determined by the State
 2  Board of Education.; or
 3         (f)  A valid standard teaching certificate issued by
 4  another state and documentation of 2 years of continuous
 5  successful full-time teaching or administrative experience
 6  during the 5-year period immediately preceding the date of
 7  application for certification.
 8         (5)  MASTERY OF PROFESSIONAL PREPARATION AND EDUCATION
 9  COMPETENCE.--Acceptable means of demonstrating mastery of
10  professional preparation and education competence are:
11         (a)  Completion of an approved teacher preparation
12  program at a postsecondary educational institution within this
13  state and achievement of a passing score on the professional
14  education competency examination required by state board rule;
15         (b)  Completion of a teacher preparation program at a
16  postsecondary educational institution outside Florida and
17  achievement of a passing score on the professional education
18  competency examination required by state board rule;
19         (c)  A valid professional standard teaching certificate
20  issued by another state that requires an examination of
21  mastery of professional education competence;
22         (d)  A valid standard teaching certificate issued by
23  another state and valid certificate issued by the National
24  Board for Professional Teaching Standards or other such
25  nationally recognized organization as determined by the State
26  Board of Education;
27         (e)  Documentation of two semesters of successful
28  teaching in a community college, state university, or private
29  college or university that awards an associate's or higher
30  degree and is an accredited institution or an institution of
31  higher education identified by the Department of Education as
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 1  having a quality program A valid standard teaching certificate
 2  issued by another state and documentation of 2 years of
 3  continuous successful full-time teaching or administrative
 4  experience during the 5-year period immediately preceding the
 5  date of application for certification;
 6         (f)  Completion of professional preparation courses as
 7  specified in state board rule, successful completion of a
 8  professional education competence demonstration program
 9  pursuant to paragraph (7)(b), and achievement of a passing
10  score on the professional education competency examination
11  required by state board rule; or
12         (g)  Successful completion of a professional
13  preparation alternative certification and education competency
14  program, outlined in paragraph (7)(a).
15         Section 12.  Subsection (1) of section 1012.57, Florida
16  Statutes, is amended to read:
17         1012.57  Certification of adjunct educators.--
18         (1)  Notwithstanding the provisions of ss. 1012.32,
19  1012.55, and 1012.56, or any other provision of law or rule to
20  the contrary, district school boards shall adopt rules to
21  allow for the issuance of may issue an adjunct teaching
22  certificate to any applicant who fulfills the requirements of
23  s. 1012.56(2)(a)-(f) and who has expertise in the subject area
24  to be taught. An applicant shall be considered to have
25  expertise in the subject area to be taught if the applicant
26  has at least a major minor in the subject area or demonstrates
27  sufficient subject area mastery through passage of a subject
28  area test as determined by district school board policy. The
29  adjunct teaching certificate shall be used for part-time
30  teaching positions. The intent of this provision is to allow
31  school districts to tap the wealth of talent and expertise
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 1  represented in Florida's citizens who may wish to teach
 2  part-time in a Florida public school by permitting school
 3  districts to issue adjunct certificates. Adjunct
 4  certificateholders should be used as a strategy to reduce the
 5  teacher shortage; thus, adjunct certificateholders should
 6  supplement a school's instructional staff, not supplant it.
 7  Each school principal shall assign an experienced peer mentor
 8  to assist the adjunct teaching certificateholder during the
 9  certificateholder's first year of teaching, and an adjunct
10  certificateholder may participate in a district's new teacher
11  training program. District school boards shall provide the
12  adjunct teaching certificateholder an orientation in classroom
13  management prior to assigning the certificateholder to a
14  school. Each adjunct teaching certificate is valid for 5
15  school years and is renewable if:
16         (a)  The applicant completes a minimum of 60 inservice
17  points or 3 semester hours of college credit. The earned
18  credits must include instruction in classroom management,
19  district school board procedures, school culture, and other
20  activities that enhance the professional teaching skills of
21  the certificateholder.
22         (b)  The applicant has received satisfactory
23  performance evaluations during each year of teaching under
24  adjunct teaching certification.
25         Section 13.  Subsection (13) is added to section
26  1013.03, Florida Statutes, to read:
27         1013.03  Functions of the department.--The functions of
28  the Department of Education as it pertains to educational
29  facilities shall include, but not be limited to, the
30  following:
31  
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 1         (13)  By October 1, 2003, review all rules related to
 2  school construction to identify requirements that are
 3  outdated, obsolete, unnecessary, or otherwise could be amended
 4  in order to provide additional flexibility to school districts
 5  to comply with the constitutional class size maximum caps
 6  described in s. 1003.03(1) and make recommendations concerning
 7  such rules to the State Board of Education. The State Board of
 8  Education shall act on such recommendations by December 31,
 9  2003.
10         Section 14.  Paragraph (d) is added to subsection (1)
11  of section 1013.31, Florida Statutes, to read:
12         1013.31  Educational plant survey; localized need
13  assessment; PECO project funding.--
14         (1)  At least every 5 years, each board shall arrange
15  for an educational plant survey, to aid in formulating plans
16  for housing the educational program and student population,
17  faculty, administrators, staff, and auxiliary and ancillary
18  services of the district or campus, including consideration of
19  the local comprehensive plan. The Office of Workforce and
20  Economic Development shall document the need for additional
21  career and adult education programs and the continuation of
22  existing programs before facility construction or renovation
23  related to career or adult education may be included in the
24  educational plant survey of a school district or community
25  college that delivers career or adult education programs.
26  Information used by the Office of Workforce and Economic
27  Development to establish facility needs must include, but need
28  not be limited to, labor market data, needs analysis, and
29  information submitted by the school district or community
30  college.
31  
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 1         (d)  Periodic update of Florida Inventory of School
 2  Houses.--School districts shall periodically update their
 3  inventory of educational facilities as new capacity becomes
 4  available and as unsatisfactory space is eliminated. The State
 5  Board of Education shall adopt rules to determine the
 6  timeframe in which districts must provide a periodic update.
 7         Section 15.  Section 1013.368, Florida Statutes, is
 8  created to read:
 9         1013.368  Cost-per-student-station requirements for
10  educational facilities.--
11         (1)  Beginning July 1, 2004, all new public schools
12  constructed, including change orders, regardless of the source
13  of funds, may not exceed the following
14  cost-per-student-station amounts:
15         (a)  $12,755 for an elementary school (January 2002);
16         (b)  $14,624 for a middle school (January 2002); or
17         (c)  $19,352 for a high school, (January 2002).
18  
19  The cost-per-student-station limits required by this section
20  shall be adjusted annually to reflect increases or decreases
21  in the Consumer Price Index.
22         (2)  This section does not apply to plans for new
23  educational facilities already under architectural contract on
24  July 1, 2004.
25         (3)  Charter districts are not exempt from this
26  section.
27         Section 16.  (1)  The Department of Management Services
28  shall, as soon as practicable after the effective date of the
29  act, request an expedited opinion from the United States
30  Internal Revenue Service as to the qualified status of the
31  changes to the Deferred Retirement Option Program.
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 1         (2)  The changes effected by this act to the Deferred
 2  Retirement Option Program shall be contingent upon the
 3  Department of Management Services receiving a favorable
 4  determination letter and a favorable private letter ruling
 5  from the Internal Revenue Service. If the Internal Revenue
 6  Service refuses to act upon a request for a private letter
 7  ruling, then a favorable legal opinion from a qualified tax
 8  attorney or firm may be substituted for such private letter
 9  ruling.
10         Section 17.  Florida Business and Education in School
11  Together (Florida BEST) Program.--
12         (1)  In order to increase business partnerships in
13  education, to reduce school and classroom overcrowding
14  throughout the state, and to offset the high costs of
15  educational facilities construction, the Legislature intends
16  to encourage the formation of partnerships between business
17  and education by creating the Florida Business and Education
18  in School Together (Florida BEST) Program.
19         (2)  Each school board shall through advertisements in
20  local media and other means request proposals from area
21  businesses to allow the operation of a business and education
22  partnership school in facilities owned or operated by the
23  business.
24         (3)  Each school district shall establish a Florida
25  BEST school evaluation committee.
26         (a)  The committee shall be appointed by the school
27  board and be composed of one school district administrator, at
28  least one member of the business community, and at least one
29  member of a local chamber of commerce.
30         (b)  The committee shall evaluate the feasibility of
31  each proposal, including the operating cost, number of
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 1  students to be served, proposed student-to-teacher ratio,
 2  proposed number of years the satellite school would operate,
 3  and any other operational or facilities considerations the
 4  school board or committee deems appropriate.
 5         (c)  The committee shall recommend to the school board
 6  those proposals for satellite schools the committee deems
 7  viable and worthy of being established. The school board must
 8  take official action on the recommendation of the committee
 9  within 60 days after receipt of the recommendation.
10         (4)  A "Florida Business and Education in School
11  Together (Florida BEST) school" is defined as a public school
12  offering instruction to students from kindergarten through
13  third grade. The school may offer instruction in any single
14  grade level or for multiple grade levels. Florida BEST schools
15  shall comply with the constitutional class size requirements.
16         (a)  First priority for admission of students to the
17  Florida BEST school shall be given to the children of owners
18  and employees of the host business. If additional student
19  capacity remains after those children are admitted, the host
20  business may choose which other neighboring businesses may
21  also participate to generate a viable number of students for
22  the school. The school board shall make the necessary
23  arrangements to accommodate students from other school
24  districts whose parents are associated with the host business
25  or business partners.
26         (b)  Parents shall be responsible for providing
27  transportation to and from school for the students.
28         (5)  A multiyear contract for operation of the Florida
29  BEST school may be entered into between the school district
30  and the host business. The contract must at least include
31  provisions relating to any cost of facilities modifications,
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 1  provide for the assignment or waiver of appropriate insurance
 2  costs, specify the number of students expected to be served,
 3  provide grounds for canceling the lease, and specify the
 4  advance notice required before the school may be closed.
 5         (a)  The school board shall be responsible for
 6  providing the appropriate instructional, support, and
 7  administrative staff and textbooks, materials, and supplies.
 8  The school district may also agree to operate or contract for
 9  the operation of a before school and after school program
10  using the donated facilities.
11         (b)  The host business shall provide the appropriate
12  types of space for operating the school. If special
13  facilities, such as restrooms or dining, recreational, or
14  other areas are required, the district may contribute a part
15  of the cost of the construction, remodeling, or renovation for
16  such facilities from capital outlay funds of the district. A
17  multiyear lease for operation of the facility must be agreed
18  to if the school district contributes to the cost of such
19  construction. Florida BEST schools are not subject to the
20  Florida Building Code requirements of section 423.25, Florida
21  Statutes, relating to public shelter design criteria or to
22  usage as a hurricane shelter except with the consent of the
23  owner of the facility.
24         Section 18.  Notwithstanding any local government
25  ordinance or regulation, any business or corporation may
26  expand the square footage or floor area of its current or
27  proposed facility to accommodate a Florida Business and
28  Education in School Together (Florida BEST) school. Facilities
29  constructed to house a Florida BEST school must comply with
30  the State Uniform Building Code for Educational Facilities
31  Construction adopted pursuant to section 1013.37, Florida
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 1  Statutes, and must meet state and local health, environmental,
 2  and safety laws and codes, except that a Florida BEST school
 3  is not subject to the Florida Building Code requirements of
 4  section 423.25, Florida Statutes, relating to public shelter
 5  design criteria or to usage as a hurricane shelter except with
 6  the consent of the owner of the facility.
 7         Section 19.  Subsection (13) of section 1002.33,
 8  Florida Statutes, as created by section 98 of ch. 2002-387,
 9  Laws of Florida; section 1012.41, Florida Statutes, as created
10  by section 716 of chapter 2002-387, Laws of Florida; section
11  1013.21, Florida Statutes, as created by section 815 of
12  chapter 2002-387, Laws of Florida; and section 1013.43,
13  Florida Statutes, as created by section 842 of chapter
14  2002-387, Laws of Florida, are repealed.
15         Section 20.  If any provision of this act or its
16  application to any person or circumstance is held invalid, the
17  invalidity does not affect other provisions or applications of
18  the act which can be given effect without the invalid
19  provision or application, and to this end the provisions of
20  this act are severable.
21         Section 21.  This act shall take effect July 1, 2003,
22  except that changes effected by this act to the Deferred
23  Retirement Option Program shall take effect June 1, 2003.
24  
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                                  34
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                           CS for SB 1646
    304-1888-03
 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1646
 3                                 
 4  The CS  made the following changes to SB 1646:
 5  The extension of time to participate in the DROP is limited to
    instructional personnel. School administrators are no longer
 6  included.
 7  Florida Learning Access Grants are removed.
 8  The list of programs which had been identified as excluded
    from the class size requirements of the constitutional
 9  amendment has been removed.
10  Proposed restrictions on the cost of facilities constructed
    with local funds are removed.
11  
    The basis of the calculations to determine whether districts
12  are in compliance with the two-students-per-year reduction
    toward the final constitutional requirements are identified.
13  
    For fiscal years 2003-2004 through 2005-2006, the calculations
14  shall be at the district level.
15  For fiscal years 2006-2007 and 2007-2008, the calculations
    shall be at the school level.
16  
    Beginning with fiscal year 2008-2009, the calculations shall
17  be at the classroom level.
18  The 2005-2006 school year is identified as the year districts
    that are not in compliance must implement one or more of the
19  options listed in the bill.
20  The 2006-2007 school year is identified as the year in which
    the Department of Education shall develop a compliance plan
21  for each district not in compliance with its reduction
    requirements to implement.
22  
    Four options are identified for possible adoption by a
23  district that is out of compliance with the
    two-students-per-year reduction requirement. These options are
24  also available to the Department of Education for the
    mandatory compliance plan. The options are:  1) year round
25  schools; 2) double sessions; 3) extended school year; 4)
    rezoning.
26  
    The Department of Management Services is required to contact
27  the Internal Revenue Service and ascertain that the changes
    included in this bill to the DROP are valid changes.
28  
    The Florida Business and Education in School Together (Florida
29  BEST) school program is created. Businesses are encouraged to
    house K-3 public schools in the facilities of the business.
30  Exemptions from certain local ordinances and regulations are
    provided to businesses which choose to participate in the
31  program.
                                  35
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    Florida Senate - 2003                           CS for SB 1646
    304-1888-03
 1  A new effective date for the changes to the DROP is provided.
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                                  36
CODING: Words stricken are deletions; words underlined are additions.