HB 1747, Engrossed 1 2003
1	A bill to be entitled
2	An act relating to career education nomenclature; amending
3	ss. 20.18, 112.19, 112.191, 112.1915, 238.01, 250.10,
4	288.047, 288.9511, 295.02, 295.125, 339.0805, 364.508,
5	376.0705, 380.0651, 402.305, 402.3051, 403.716, 414.0252,
6	420.0004, 420.524, 420.602, 440.16, 445.003, 445.004,
7	445.009, 445.012, 445.0123, 445.024, 445.049, 446.011,
8	446.052, 446.22, 475.17, 475.451, 475.617, 475.627,
9	494.0029, 509.302, 553.841, 790.06, 790.115, 810.095,
10	943.14, 958.12, 985.315, 1000.04, 1000.05, 1001.42,
11	1001.44, 1001.452, 1001.453, 1001.64, 1002.01, 1002.20,
12	1002.22, 1002.34, 1002.42, 1003.01, 1003.02, 1003.43,
13	1003.47, 1003.491, 1003.51, 1003.52, 1004.02, 1004.07,
14	1004.54, 1004.65, 1004.73, 1004.91, 1004.92, 1004.93,
15	1004.98, 1005.21, 1006.035, 1006.051, 1006.21, 1006.31,
16	1007.21, 1007.23, 1007.24, 1007.25, 1007.27, 1007.271,
17	1008.37, 1008.385, 1008.405, 1008.41, 1008.42, 1008.43,
18	1008.45, 1009.22, 1009.25, 1009.40, 1009.532, 1009.533,
19	1009.536, 1009.55, 1009.61, 1009.64, 1009.98, 1010.20,
20	1010.58, 1011.62, 1011.68, 1011.80, 1011.83, 1012.01,
21	1012.39, 1012.41, 1012.43, 1013.03, 1013.31, 1013.64, and
22	1013.75, F.S.; changing terminology relating to vocational
23	and technical education to career education; changing
24	terminology relating to workforce education; providing an
25	effective date.
26
27	Be It Enacted by the Legislature of the State of Florida:
28
29	Section 1. Paragraph (a) of subsection (4) of section
30	20.18, Florida Statutes, is amended to read:
31	20.18 Department of Community Affairs.--There is created a
32	Department of Community Affairs.
33	(4) In addition to its other powers, duties, and
34	functions, the department shall, under the general supervision
35	of the secretary and the Interdepartmental Coordinating Council
36	on Community Services, assist and encourage the development of
37	state programs by the various departments for the productive use
38	of human resources, and the department shall work with other
39	state agencies in order that together they might:
40	(a) Effect the coordination, by the responsible agencies
41	of the state, of the careervocational, technical,and adult
42	educational programs of the state in order to provide the
43	maximum use and meaningful employment of persons completing
44	courses of study from such programs;
45	Section 2. Subsection (3) of section 112.19, Florida
46	Statutes, is amended to read:
47	112.19 Law enforcement, correctional, and correctional
48	probation officers; death benefits.--
49	(3) If a law enforcement, correctional, or correctional
50	probation officer is accidentally killed as specified in
51	paragraph (2)(b) on or after June 22, 1990, or unlawfully and
52	intentionally killed as specified in paragraph (2)(c) on or
53	after July 1, 1980, the state shall waive certain educational
54	expenses that the child or spouse of the deceased officer incurs
55	while obtaining a careervocational-technicalcertificate, an
56	undergraduate education, or a postgraduate education. The amount
57	waived by the state shall be an amount equal to the cost of
58	tuition and matriculation and registration fees for a total of
59	120 credit hours. The child or spouse may attend a state career
60	institutevocational-technical school, a state community
61	college, or a state university. The child or spouse may attend
62	any or all of the institutions specified in this subsection, on
63	either a full-time or part-time basis. The benefits provided to
64	a child under this subsection shall continue until the child's
65	25th birthday. The benefits provided to a spouse under this
66	subsection must commence within 5 years after the death occurs,
67	and entitlement thereto shall continue until the 10th
68	anniversary of that death.
69	(a) Upon failure of any child or spouse benefited by the
70	provisions of this subsection to comply with the ordinary and
71	minimum requirements of the institution attended, both as to
72	discipline and scholarship, the benefits shall be withdrawn as
73	to the child or spouse and no further moneys may be expended for
74	the child's or spouse's benefits so long as such failure or
75	delinquency continues.
76	(b) Only a student in good standing in his or her
77	respective institution may receive the benefits thereof.
78	(c) A child or spouse receiving benefits under this
79	subsection must be enrolled according to the customary rules and
80	requirements of the institution attended.
81	Section 3. Subsection (3) of section 112.191, Florida
82	Statutes, is amended to read:
83	112.191 Firefighters; death benefits.--
84	(3) If a firefighter is accidentally killed as specified
85	in paragraph (2)(b) on or after June 22, 1990, or unlawfully and
86	intentionally killed as specified in paragraph (2)(c), on or
87	after July 1, 1980, the state shall waive certain educational
88	expenses that the child or spouse of the deceased firefighter
89	incurs while obtaining a careervocational-technical
90	certificate, an undergraduate education, or a postgraduate
91	education. The amount waived by the state shall be an amount
92	equal to the cost of tuition and matriculation and registration
93	fees for a total of 120 credit hours. The child or spouse may
94	attend a state career institutevocational-technical school, a
95	state community college, or a state university. The child or
96	spouse may attend any or all of the institutions specified in
97	this subsection, on either a full-time or part-time basis. The
98	benefits provided to a child under this subsection shall
99	continue until the child's 25th birthday. The benefits provided
100	to a spouse under this subsection must commence within 5 years
101	after the death occurs, and entitlement thereto shall continue
102	until the 10th anniversary of that death.
103	(a) Upon failure of any child or spouse benefited by the
104	provisions of this subsection to comply with the ordinary and
105	minimum requirements of the institution attended, both as to
106	discipline and scholarship, the benefits thereof shall be
107	withdrawn as to the child or spouse and no further moneys
108	expended for the child's or spouse's benefits so long as such
109	failure or delinquency continues.
110	(b) Only students in good standing in their respective
111	institutions shall receive the benefits thereof.
112	(c) A child or spouse receiving benefits under this
113	subsection must be enrolled according to the customary rules and
114	requirements of the institution attended.
115	Section 4. Paragraph (d) of subsection (3) of section
116	112.1915, Florida Statutes, is amended to read:
117	112.1915 Teachers and school administrators; death
118	benefits.--Any other provision of law to the contrary
119	notwithstanding:
120	(3) If a teacher or school administrator dies under the
121	conditions in subsection (2), benefits shall be provided as
122	follows:
123	(d) Waiver of certain educational expenses which children
124	of the deceased teacher or school administrator incur while
125	obtaining a careervocational-technicalcertificate or an
126	undergraduate education shall be according to conditions set
127	forth in this paragraph. The amount waived by the state shall be
128	an amount equal to the cost of tuition and matriculation and
129	registration fees for a total of 120 credit hours at a
130	university. The child may attend a state career institute
131	vocational-technical school, a state community college, or a
132	state university. The child may attend any or all of the
133	institutions specified in this paragraph, on either a full-time
134	or part-time basis. The benefits provided under this paragraph
135	shall continue to the child until the child's 25th birthday.
136	1. Upon failure of any child benefited by the provisions
137	of this paragraph to comply with the ordinary and minimum
138	requirements of the institution attended, both as to discipline
139	and scholarship, the benefits shall be withdrawn as to the child
140	and no further moneys may be expended for the child's benefits
141	so long as such failure or delinquency continues.
142	2. A student who becomes eligible for benefits under the
143	provisions of this paragraph while enrolled in an institution
144	must be in good standing with the institution to receive the
145	benefits provided herein.
146	3. A child receiving benefits under this paragraph must be
147	enrolled according to the customary rules and requirements of
148	the institution attended.
149	Section 5. Subsection (3) of section 238.01, Florida
150	Statutes, is amended to read:
151	238.01 Definitions.--The following words and phrases as
152	used in this chapter shall have the following meanings unless a
153	different meaning is plainly required by the context:
154	(3) "Teacher" means any member of the teaching or
155	professional staff and any certificated employee of any public
156	free school, of any district school system and career institute
157	vocational school, any member of the teaching or professional
158	staff of the Florida School for the Deaf and Blind, child
159	training schools of the Department of Juvenile Justice, the
160	Department of Corrections, and any tax-supported institution of
161	higher learning of the state, and any member and any certified
162	employee of the Department of Education, any certified employee
163	of the retirement system, any full-time employee of any
164	nonprofit professional association or corporation of teachers
165	functioning in Florida on a statewide basis, which seeks to
166	protect and improve public school opportunities for children and
167	advance the professional and welfare status of its members, any
168	person now serving as superintendent, or who was serving as
169	county superintendent of public instruction on July 1, 1939, and
170	any hereafter duly elected or appointed superintendent, who
171	holds a valid Florida teachers' certificate. In all cases of
172	doubt the Department of Management Services shall determine
173	whether any person is a teacher as defined herein.
174	Section 6. Paragraph (c) of subsection (7) of section
175	250.10, Florida Statutes, is amended to read:
176	250.10 Appointment and duties of the Adjutant General.--
177	(7) The Adjutant General and representatives of the Board
178	of Regents, the State Board of Community Colleges, and the State
179	Board of Education shall design and develop a tuition assistance
180	program for members in good standing of the active Florida
181	National Guard who enroll in a public institution of higher
182	learning in the state in accordance with the provisions of
183	subsection (8).
184	(c) The program shall define those members of the active
185	Florida National Guard ineligible to participate in the program
186	and those courses of study not authorized for the program.
187	1. Such members shall include, but not be limited to:
188	a. Any member, commissioned officer or warrant officer or
189	enlisted person, who has a baccalaureate degree.
190	b. Any member who has 15 years or more of total military
191	service creditable toward retirement.
192	c. Any member who has not completed basic military
193	training.
194	2. Courses not authorized include noncredit courses,
195	courses which do not meet degree requirements, or courses which
196	do not meet requirements for completion of careervocational-
197	technicaltraining.
198	Section 7. Subsection (3) of section 288.047, Florida
199	Statutes, is amended to read:
200	288.047 Quick-response training for economic
201	development.--
202	(3) Requests for funding through the Quick-Response
203	Training Program may be produced through inquiries from a
204	specific business or industry, inquiries from a school district
205	director of career education or community college occupational
206	dean on behalf of a business or industry, or through official
207	state or local economic development efforts. In allocating funds
208	for the purposes of the program, Workforce Florida, Inc., shall
209	establish criteria for approval of requests for funding and
210	shall select the entity that provides the most efficient, cost-
211	effective instruction meeting such criteria. Program funds may
212	be allocated to any career institutearea technical center,
213	community college, or state university. Program funds may be
214	allocated to private postsecondary institutions only upon a
215	review that includes, but is not limited to, accreditation and
216	licensure documentation and prior approval by Workforce Florida,
217	Inc. Instruction funded through the program must terminate when
218	participants demonstrate competence at the level specified in
219	the request; however, the grant term may not exceed 24 months.
220	Costs and expenditures for the Quick-Response Training Program
221	must be documented and separated from those incurred by the
222	training provider.
223	Section 8. Subsection (1) of section 288.9511, Florida
224	Statutes, is amended to read:
225	288.9511 Definitions.--As used in ss. 288.9511-288.9517,
226	the term:
227	(1) "Educational institutions" means Florida career
228	technical institutes and vocational schools,and public and
229	private community colleges, colleges, and universities in the
230	state.
231	Section 9. Section 295.02, Florida Statutes, is amended to
232	read:
233	295.02 Use of funds; age, etc.--All sums appropriated and
234	expended under this chapter shall be used to pay tuition and
235	registration fees, board, and room rent and to buy books and
236	supplies for the children of deceased or disabled veterans or
237	service members, as defined and limited in s. 295.01, s.
238	295.016, s. 295.017, s. 295.018, or s. 295.0195, or of parents
239	classified as prisoners of war or missing in action, as defined
240	and limited in s. 295.015, who are between the ages of 16 and 22
241	years and who are in attendance at a state-supported institution
242	of higher learning, including a community college or career
243	institute vocational-technical school. Any child having entered
244	upon a course of training or education under the provisions of
245	this chapter, consisting of a course of not more than 4 years,
246	and arriving at the age of 22 years before the completion of
247	such course may continue the course and receive all benefits of
248	the provisions of this chapter until the course is completed.
249	The Department of Education shall administer this educational
250	program subject to regulations of the department.
251	Section 10. Subsections (1) and (2) of section 295.125,
252	Florida Statutes, are amended to read:
253	295.125 Preference for admission to careervocational
254	training.--
255	(1) It is the intent of the Legislature through enactment
256	of this section to assist returning veterans of the Southeast
257	Asian conflict to train themselves for a civilian future.
258	Although the provisions of this section apply only to state-
259	supported career institutevocational-technicalfacilities and
260	programs, it is the further intent of the Legislature to
261	encourage privately supported career institutesvocational-
262	technical schools and centersto join with the state in
263	assisting our returning veterans by providing preferences for
264	them in admission procedures and standards.
265	(2) In determining order of admission or acceptance for
266	students, every career institutevocational training center,
267	vocational-technical school, or careervocationalprogram which
268	receives state funding or support shall give preference as
269	provided in subsection (3) to a person who served in the Armed
270	Forces of the United States at any time during the Vietnam Era,
271	as defined in s. 1.01(14), and who has been separated therefrom
272	under honorable conditions, if such person's enrollment is
273	directly related to his or her present employment or to his or
274	her securing employment.
275	Section 11. Paragraph (d) of subsection (3) of section
276	339.0805, Florida Statutes, is amended to read:
277	339.0805 Funds to be expended with certified disadvantaged
278	business enterprises; specified percentage to be expended;
279	construction management development program; bond guarantee
280	program.--It is the policy of the state to meaningfully assist
281	socially and economically disadvantaged business enterprises
282	through a program that will provide for the development of
283	skills through construction and business management training, as
284	well as by providing contracting opportunities and financial
285	assistance in the form of bond guarantees, to primarily remedy
286	the effects of past economic disparity.
287	(3) The head of the department is authorized to expend up
288	to 6 percent of the funds specified in subsection (1) which are
289	designated to be expended on small business firms owned and
290	controlled by socially and economically disadvantaged
291	individuals to conduct, by contract or otherwise, a construction
292	management development program. Participation in the program
293	will be limited to those firms which are certified under the
294	provisions of subsection (1) by the department or the federal
295	Small Business Administration or to any firm which has annual
296	gross receipts not exceeding $2 million averaged over a 3-year
297	period. The program will consist of classroom instruction and
298	on-the-job instruction. To the extent feasible, the registration
299	fee shall be set to cover the cost of instruction and overhead.
300	No salary will be paid to any participant.
301	(d) The department shall develop, under contract with the
302	State University System, the community college system, a school
303	district in behalf of its career institutevocational-technical
304	center, or a private consulting firm, a curriculum for
305	instruction in the courses that will lead to a certification of
306	proficiency in the construction management development program.
307	Section 12. Subsection (7) of section 364.508, Florida
308	Statutes, is amended to read:
309	364.508 Definitions.--As used in this part:
310	(7) "Eligible facilities" means all approved campuses and
311	instructional centers of all public universities, public
312	community colleges, career institutesarea technical centers,
313	public elementary schools, middle schools, and high schools,
314	including school administrative offices, public libraries,
315	teaching hospitals, the research institute described in s.
316	1004.43, and rural public hospitals as defined in s. 395.602. If
317	no rural public hospital exists in a community, the public
318	health clinic which is responsible for individuals before they
319	can be transferred to a regional hospital shall be considered
320	eligible.
321	Section 13. Section 376.0705, Florida Statutes, is amended
322	to read:
323	376.0705 Development of training programs and educational
324	materials.--The department shall encourage the development of
325	training programs for personnel needed for pollutant discharge
326	prevention and cleanup activities. The department shall work
327	with accredited community colleges, career institutes
328	vocational-technical centers, state universities, and private
329	institutions in developing educational materials, courses of
330	study, and other such information to be made available for
331	persons seeking to be trained for pollutant discharge prevention
332	and cleanup activities.
333	Section 14. Paragraph (k) of subsection (3) of section
334	380.0651, Florida Statutes, is amended to read:
335	380.0651 Statewide guidelines and standards.--
336	(3) The following statewide guidelines and standards shall
337	be applied in the manner described in s. 380.06(2) to determine
338	whether the following developments shall be required to undergo
339	development-of-regional-impact review:
340	(k) Schools.--
341	1. The proposed construction of any public, private, or
342	proprietary postsecondary educational campus which provides for
343	a design population of more than 5,000 full-time equivalent
344	students, or the proposed physical expansion of any public,
345	private, or proprietary postsecondary educational campus having
346	such a design population that would increase the population by
347	at least 20 percent of the design population.
348	2. As used in this paragraph, "full-time equivalent
349	student" means enrollment for 15 or more quarter hours during a
350	single academic semester. In career institutestechnical schools
351	or other institutions which do not employ semester hours or
352	quarter hours in accounting for student participation,
353	enrollment for 18 contact hours shall be considered equivalent
354	to one quarter hour, and enrollment for 27 contact hours shall
355	be considered equivalent to one semester hour.
356	3. This paragraph does not apply to institutions which are
357	the subject of a campus master plan adopted by the university
358	board of trustees pursuant to s. 1013.30.
359	Section 15. Paragraph (d) of subsection (2) of section
360	402.305, Florida Statutes, is amended to read:
361	402.305 Licensing standards; child care facilities.--
362	(2) PERSONNEL.--Minimum standards for child care personnel
363	shall include minimum requirements as to:
364	(d) Minimum training requirements for child care
365	personnel.
366	1. Such minimum standards for training shall ensure that
367	all child care personnel take an approved 40-clock-hour
368	introductory course in child care, which course covers at least
369	the following topic areas:
370	a. State and local rules and regulations which govern
371	child care.
372	b. Health, safety, and nutrition.
373	c. Identifying and reporting child abuse and neglect.
374	d. Child development, including typical and atypical
375	language, cognitive, motor, social, and self-help skills
376	development.
377	e. Observation of developmental behaviors, including using
378	a checklist or other similar observation tools and techniques to
379	determine the child's developmental age level.
380	f. Specialized areas, including computer technology for
381	professional and classroom use, as determined by the department,
382	for owner-operators and child care personnel of a child care
383	facility.
384
385	Within 90 days after employment, child care personnel shall
386	begin training to meet the training requirements. Child care
387	personnel shall successfully complete such training within 1
388	year after the date on which the training began, as evidenced by
389	passage of a competency examination. Successful completion of
390	the 40-clock-hour introductory course shall articulate into
391	community college credit in early childhood education, pursuant
392	to ss. 1007.24 and 1007.25. Exemption from all or a portion of
393	the required training shall be granted to child care personnel
394	based upon educational credentials or passage of competency
395	examinations. Child care personnel possessing a 2-year degree or
396	higher that includes 6 college credit hours in early childhood
397	development or child growth and development, or a child
398	development associate credential or an equivalent state-approved
399	child development associate credential, or a child development
400	associate waiver certificate shall be automatically exempted
401	from the training requirements in sub-subparagraphs b., d., and
402	e.
403	2. The introductory course in child care shall stress, to
404	the extent possible, an interdisciplinary approach to the study
405	of children.
406	3. On an annual basis in order to further their child care
407	skills and, if appropriate, administrative skills, child care
408	personnel who have fulfilled the requirements for the child care
409	training shall be required to take an additional approved 8
410	clock hours of inservice training or an equivalent as determined
411	by the department.
412	4. Procedures for ensuring the training of qualified child
413	care professionals to provide training of child care personnel,
414	including onsite training, shall be included in the minimum
415	standards. It is recommended that the state community child care
416	coordination agencies (central agencies) be contracted by the
417	department to coordinate such training when possible. Other
418	district educational resources, such as community colleges and
419	careervocational-technicalprograms, can be designated in such
420	areas where central agencies may not exist or are determined not
421	to have the capability to meet the coordination requirements set
422	forth by the department.
423	5. Training requirements shall not apply to certain
424	occasional or part-time support staff, including, but not
425	limited to, swimming instructors, piano teachers, dance
426	instructors, and gymnastics instructors.
427	6. The department shall evaluate or contract for an
428	evaluation for the general purpose of determining the status of
429	and means to improve staff training requirements and testing
430	procedures. The evaluation shall be conducted every 2 years. The
431	evaluation shall include, but not be limited to, determining the
432	availability, quality, scope, and sources of current staff
433	training; determining the need for specialty training; and
434	determining ways to increase inservice training and ways to
435	increase the accessibility, quality, and cost-effectiveness of
436	current and proposed staff training. The evaluation methodology
437	shall include a reliable and valid survey of child care
438	personnel.
439	7. The child care operator shall be required to take basic
440	training in serving children with disabilities within 5 years
441	after employment, either as a part of the introductory training
442	or the annual 8 hours of inservice training.
443	Section 16. Subsections (3) and (4) of section 402.3051,
444	Florida Statutes, are amended to read:
445	402.3051 Child care market rate reimbursement; child care
446	grants.--
447	(3) The department may provide child care grants to
448	central agencies, community colleges, and career
449	vocational/technicalprograms for the purpose of providing
450	support and technical assistance to licensed child care
451	providers.
452	(4) The department may use the state community child care
453	coordination agencies (central agencies), community colleges,
454	and careervocational/technicalprograms to implement this
455	section.
456	Section 17. Subsection (2) of section 403.716, Florida
457	Statutes, is amended to read:
458	403.716 Training of operators of solid waste management
459	and other facilities.--
460	(2) The department shall work with accredited community
461	colleges, career institutesvocational-technical centers, state
462	universities, and private institutions in developing educational
463	materials, courses of study, and other such information to be
464	made available for persons seeking to be trained as operators of
465	solid waste management facilities.
466	Section 18. Subsection (8) of section 414.0252, Florida
467	Statutes, is amended to read:
468	414.0252 Definitions.--As used in ss. 414.025-414.55, the
469	term:
470	(8) "Minor child" means a child under 18 years of age, or
471	under 19 years of age if the child is a full-time student in a
472	secondary school or at the equivalent level of careervocational
473	or technicaltraining, and does not include anyone who is
474	married or divorced.
475	Section 19. Subsection (11) of section 420.0004, Florida
476	Statutes, is amended to read:
477	420.0004 Definitions.--As used in this part, unless the
478	context otherwise indicates:
479	(11) "Student" means any person not living with his or her
480	parent or guardian who is eligible to be claimed by his or her
481	parent or guardian as a dependent under the federal income tax
482	code and who is enrolled on at least a half-time basis in a
483	secondary school, career institutevocational-technical center,
484	community college, college, or university.
485	Section 20. Subsection (5) of section 420.524, Florida
486	Statutes, is amended to read:
487	420.524 Definitions relating to Predevelopment Loan
488	Program Act.--For the purpose of ss. 420.521-420.529, the term:
489	(5) "Student" means any person not living with that
490	person's parent or guardian who is eligible to be claimed by
491	that person's parent or guardian as a dependent under the
492	federal income tax code and who is enrolled on at least a half-
493	time basis in a secondary school, career institutevocational-
494	technical center, community college, college, or university. The
495	term does not include a person participating in an educational
496	or training program approved by the corporation.
497	Section 21. Subsection (11) of section 420.602, Florida
498	Statutes, is amended to read:
499	420.602 Definitions.--As used in this part, the following
500	terms shall have the following meanings, unless the context
501	otherwise requires:
502	(11) "Student" means any person not living with his or her
503	parent or guardian who is eligible to be claimed by his or her
504	parent or guardian as a dependent under the federal income tax
505	code and who is enrolled on at least a half-time basis in a
506	secondary school, career institutevocational-technical center,
507	community college, college, or university.
508	Section 22. Paragraph (c) of subsection (1) of section
509	440.16, Florida Statutes, is amended to read:
510	440.16 Compensation for death.--
511	(1) If death results from the accident within 1 year
512	thereafter or follows continuous disability and results from the
513	accident within 5 years thereafter, the employer shall pay:
514	(c) To the surviving spouse, payment of postsecondary
515	student fees for instruction at any career institutearea
516	technical centerestablished under s. 1001.44 for up to 1,800
517	classroom hours or payment of student fees at any community
518	college established under part III of chapter 1004 for up to 80
519	semester hours. The spouse of a deceased state employee shall be
520	entitled to a full waiver of such fees as provided in ss.
521	1009.22 and 1009.23 in lieu of the payment of such fees. The
522	benefits provided for in this paragraph shall be in addition to
523	other benefits provided for in this section and shall terminate
524	7 years after the death of the deceased employee, or when the
525	total payment in eligible compensation under paragraph (b) has
526	been received. To qualify for the educational benefit under this
527	paragraph, the spouse shall be required to meet and maintain the
528	regular admission requirements of, and be registered at, such
529	career institutearea technical centeror community college, and
530	make satisfactory academic progress as defined by the
531	educational institution in which the student is enrolled.
532	Section 23. Subsection (2) of section 445.003, Florida
533	Statutes, is amended to read:
534	445.003 Implementation of the federal Workforce Investment
535	Act of 1998.--
536	(2) FIVE-YEAR PLAN.--Workforce Florida, Inc., shall
537	prepare and submit a 5-year plan, which includes secondary
538	career vocationaleducation, to fulfill the early implementation
539	requirements of Pub. L. No. 105-220 and applicable state
540	statutes. Mandatory federal partners and optional federal
541	partners shall be fully involved in designing the plan's one-
542	stop delivery system strategy. The plan shall detail a process
543	to clearly define each program's statewide duties and role
544	relating to the system. Any optional federal partner may
545	immediately choose to fully integrate its program's plan with
546	this plan, which shall, notwithstanding any other state
547	provisions, fulfill all their state planning and reporting
548	requirements as they relate to the one-stop delivery system. The
549	plan shall detail a process that would fully integrate all
550	federally mandated and optional partners by the second year of
551	the plan. All optional federal program partners in the planning
552	process shall be mandatory participants in the second year of
553	the plan.
554	Section 24. Paragraphs (b) and (d) of subsection (6) of
555	section 445.004, Florida Statutes, are amended to read:
556	445.004 Workforce Florida, Inc.; creation; purpose;
557	membership; duties and powers.--
558	(6) Workforce Florida, Inc., may take action that it deems
559	necessary to achieve the purposes of this section, including,
560	but not limited to:
561	(b) Establishing policy direction for a funding system
562	that provides incentives to improve the outcomes of career
563	vocationaleducation programs, and of registered apprenticeship
564	and work-based learning programs, and that focuses resources on
565	occupations related to new or emerging industries that add
566	greatly to the value of the state's economy.
567	(d) Designating Institutes of Applied Technology composed
568	of public and private postsecondary institutions working
569	together with business and industry to ensure that career
570	technical andvocationaleducation programs use the most
571	advanced technology and instructional methods available and
572	respond to the changing needs of business and industry.
573	Section 25. Paragraph (f) of subsection (8) of section
574	445.009, Florida Statutes, is amended to read:
575	445.009 One-stop delivery system.--
576	(8)
577	(f) The accountability measures to be used in documenting
578	competencies acquired by the participant during training shall
579	be literacy completion points and occupational completion
580	points. Literacy completion points refers to the academic or
581	workforce readiness competencies that qualify a person for
582	further basic education, careervocationaleducation, or for
583	employment. Occupational completion points refers to the career
584	vocationalcompetencies that qualify a person to enter an
585	occupation that is linked to a careervocationalprogram.
586	Section 26. Subsections (5) and (9) of section 445.012,
587	Florida Statutes, are amended to read:
588	445.012 Careers for Florida's Future Incentive Grant
589	Program.--
590	(5) A recipient who is pursuing a baccalaureate degree
591	shall receive $100 for each lower-division credit hour in which
592	the student is enrolled at an eligible college or university, up
593	to a maximum of $1,500 per semester, and $200 for each upper-
594	division credit hour in which the student is enrolled at an
595	eligible college or university, up to a maximum of $3,000 per
596	semester. For purposes of this section, a student is pursuing a
597	baccalaureate degree if he or she is in a program that
598	articulates into a baccalaureate degree program by agreement of
599	the Articulation Coordinating Committee. A student in an applied
600	technology diploma program, a certificate career education
601	program, or a degree career education program that does not
602	articulate into a baccalaureate degree program shall receive $2
603	for each careervocationalcontact hour, or the equivalent, for
604	certificate programs, or $60 for each credit hour, or the
605	equivalent, for degree career education programs and applied
606	technology programs for which the student is enrolled at an
607	eligible college, career institutetechnical center, or
608	nonpublic career education school.
609	(9) Funds may not be used to pay for remedial, college-
610	preparatory, or career-preparatoryvocational-preparatory
611	coursework.
612	Section 27. Subsection (1) of section 445.0123, Florida
613	Statutes, is amended to read:
614	445.0123 Eligible postsecondary education institutions.--A
615	student is eligible for an award or the renewal of an award from
616	the Careers for Florida's Future Incentive Grant Program if the
617	student meets the requirements for the program as described in
618	ss. 445.012-445.0125 and is enrolled in a postsecondary
619	education institution that meets the description of any one of
620	the following:
621	(1) A public university, community college, or career
622	institutetechnical centerin this state.
623	Section 28. Paragraph (g) of subsection (1) of section
624	445.024, Florida Statutes, is amended to read:
625	445.024 Work requirements.--
626	(1) WORK ACTIVITIES.--The following activities may be used
627	individually or in combination to satisfy the work requirements
628	for a participant in the temporary cash assistance program:
629	(g) CareerVocational education or training.—Career
630	Vocationaleducation or training is education or training
631	designed to provide participants with the skills and
632	certification necessary for employment in an occupational area.
633	CareerVocationaleducation or training may be used as a primary
634	program activity for participants when it has been determined
635	that the individual has demonstrated compliance with other
636	phases of program participation and successful completion of the
637	career vocationaleducation or training is likely to result in
638	employment entry at a higher wage than the participant would
639	have been likely to attain without completion of the career
640	vocational education or training. CareerVocationaleducation or
641	training may be combined with other program activities and also
642	may be used to upgrade skills or prepare for a higher paying
643	occupational area for a participant who is employed.
644	1. Unless otherwise provided in this section, career
645	vocationaleducation shall not be used as the primary program
646	activity for a period which exceeds 12 months. The 12-month
647	restriction applies to instruction in a career education program
648	and does not include remediation of basic skills, including
649	English language proficiency, if remediation is necessary to
650	enable a participant to benefit from a career education program.
651	Any necessary remediation must be completed before a participant
652	is referred to careervocationaleducation as the primary work
653	activity. In addition, use of careervocationaleducation or
654	training shall be restricted to the limitation established in
655	federal law. CareerVocationaleducation included in a program
656	leading to a high school diploma shall not be considered career
657	vocationaleducation for purposes of this section.
658	2. When possible, a provider of careervocational
659	education or training shall use funds provided by funding
660	sources other than the regional workforce board. The regional
661	workforce board may provide additional funds to a career
662	vocationaleducation or training provider only if payment is
663	made pursuant to a performance-based contract. Under a
664	performance-based contract, the provider may be partially paid
665	when a participant completes education or training, but the
666	majority of payment shall be made following the participant's
667	employment at a specific wage or job retention for a specific
668	duration. Performance-based payments made under this
669	subparagraph are limited to education or training for targeted
670	occupations identified by the Workforce Estimating Conference
671	under s. 216.136, or other programs identified by Workforce
672	Florida, Inc., as beneficial to meet the needs of designated
673	groups who are hard to place. If the contract pays the full cost
674	of training, the community college or school district may not
675	report the participants for other state funding.
676	Section 29. Paragraph (i) of subsection (7) of section
677	445.049, Florida Statutes, is amended to read:
678	445.049 Digital Divide Council.--
679	(7) PROGRAM OBJECTIVES AND GOALS.--The programs authorized
680	by this section shall have the following objectives and goals:
681	(i) Using information technology to enable members of at-
682	risk families who are no longer enrolled in K-12 schools to
683	obtain the education needed to achieve successful completion of
684	general education development test preparation to earn a high
685	school diploma, an applied technology diploma, a career
686	vocationalcertificate, an associate of arts degree, or a
687	baccalaureate degree.
688	Section 30. Subsection (1) of section 446.011, Florida
689	Statutes, is amended to read:
690	446.011 Legislative intent regarding apprenticeship
691	training.--
692	(1) It is the intent of the State of Florida to provide
693	educational opportunities for its young people so that they can
694	be trained for trades, occupations, and professions suited to
695	their abilities. It is the intent of this act to promote the
696	mode of training known as apprenticeship in occupations
697	throughout industry in the state that require physical
698	manipulative skills. By broadening job training opportunities
699	and providing for increased coordination between public school
700	academic programs, careervocationalprograms, and registered
701	apprenticeship programs, the young people of the state will
702	benefit from the valuable training opportunities developed when
703	on-the-job training is combined with academic-related classroom
704	experiences. This act is intended to develop the apparent
705	potentials in apprenticeship training by assisting in the
706	establishment of preapprenticeship programs in the public school
707	system and elsewhere and by expanding presently registered
708	programs as well as promoting new registered programs in jobs
709	that lend themselves to apprenticeship training.
710	Section 31. Subsection (2) of section 446.052, Florida
711	Statutes, is amended to read:
712	446.052 Preapprenticeship program.--
713	(2) The Division of Workforce Development of the
714	Department of Education, under regulations established by the
715	State Board of Education, is authorized to administer the
716	provisions of ss. 446.011-446.092 that relate to
717	preapprenticeship programs in cooperation with district school
718	boards and community college district boards of trustees.
719	District school boards, community college district boards of
720	trustees, and registered program sponsors shall cooperate in
721	developing and establishing programs that include career
722	vocationalinstruction and general education courses required to
723	obtain a high school diploma.
724	Section 32. Subsection (5) of section 446.22, Florida
725	Statutes, is amended to read:
726	446.22 Definitions.--As used in this act, the following
727	words and phrases shall have the meanings set forth herein,
728	except where the context otherwise requires:
729	(5) "Educational facility" means any secondary school,
730	community college, university, or career institutevocational
731	schoolparticipating in the program.
732	Section 33. Paragraph (a) of subsection (2), paragraph (a)
733	of subsection (3), and paragraph (a) of subsection (4) of
734	section 475.17, Florida Statutes, are amended to read:
735	475.17 Qualifications for practice.--
736	(2)(a)1. In addition to other requirements under this
737	part, the commission may require the satisfactory completion of
738	one or more of the educational courses or equivalent courses
739	conducted, offered, sponsored, prescribed, or approved pursuant
740	to s. 475.04, taken at an accredited college, university, or
741	community college, at a career institutean area technical
742	center, or at a registered real estate school, as a condition
743	precedent for any person to become licensed or to renew her or
744	his license as a broker, broker-salesperson, or salesperson. The
745	course or courses required for one to become initially licensed
746	shall not exceed a total of 63 classroom hours of 50 minutes
747	each, inclusive of examination, for a salesperson and 72
748	classroom hours of 50 minutes each, inclusive of examination,
749	for a broker. The satisfactory completion of an examination
750	administered by the accredited college, university, or community
751	college, by a career institutethe area technical center, or by
752	the registered real estate school shall be the basis for
753	determining satisfactory completion of the course. However,
754	notice of satisfactory completion shall not be issued if the
755	student has absences in excess of 8 classroom hours.
756	2. A distance learning course or courses shall be approved
757	by the commission as an option to classroom hours as
758	satisfactory completion of the course or courses as required by
759	this section. The schools authorized by this section have the
760	option of providing classroom courses, distance learning
761	courses, or both. However, satisfactory completion of a distance
762	learning course requires the satisfactory completion of a timed
763	distance learning course examination. Such examination shall not
764	be required to be monitored or given at a centralized location.
765	3. Such required course or courses must be made available
766	by correspondence or other suitable means to any person who, by
767	reason of hardship, as defined by rule, cannot attend the place
768	or places where the course or courses are regularly conducted or
769	does not have access to the distance learning course or courses.
770	(3)(a) The commission may prescribe a postlicensure
771	education requirement in order for a person to maintain a valid
772	salesperson's license, which shall not exceed 45 classroom hours
773	of 50 minutes each, inclusive of examination, prior to the first
774	renewal following initial licensure. If prescribed, this shall
775	consist of one or more commission-approved courses which total
776	at least 45 classroom hours on one or more subjects which
777	include, but are not limited to, property management, appraisal,
778	real estate finance, or the economics of real estate management.
779	Required postlicensure education courses must be provided by an
780	accredited college, university, or community college, by a
781	career institutean area technical center, by a registered real
782	estate school, or by a commission-approved sponsor.
783	(4)(a) The commission may prescribe a postlicensure
784	education requirement in order for a person to maintain a valid
785	broker's license, which shall not exceed 60 classroom hours of
786	50 minutes each, inclusive of examination, prior to the first
787	renewal following initial licensure. If prescribed, this shall
788	consist of one or more commission-approved courses which total
789	at least 60 classroom hours on one or more subjects which
790	include, but are not limited to, advanced appraisal, advanced
791	property management, real estate marketing, business law,
792	advanced real estate investment analyses, advanced legal
793	aspects, general accounting, real estate economics,
794	syndications, commercial brokerage, feasibility analyses,
795	advanced real estate finance, residential brokerage, or real
796	estate brokerage office operations. Required postlicensure
797	education courses must be provided by an accredited college,
798	university, or community college, by a career institutean area
799	technical center, by a registered real estate school, or by a
800	commission-approved sponsor.
801	Section 34. Subsection (1) and paragraph (c) of subsection
802	(2) of section 475.451, Florida Statutes, are amended to read:
803	475.451 Schools teaching real estate practice.--
804	(1) Each person, school, or institution, except approved
805	and accredited colleges, universities, community colleges, and
806	career institutesarea technical centersin this state, which
807	offers or conducts any course of study in real estate practice,
808	teaches any course prescribed by the commission as a condition
809	precedent to licensure or renewal of licensure as a broker or
810	salesperson, or teaches any course designed or represented to
811	enable or assist applicants for licensure as brokers or
812	salespersons to pass examinations for such licensure shall,
813	before commencing or continuing further to offer or conduct such
814	course or courses, obtain a permit from the department and abide
815	by the regulations imposed upon such person, school, or
816	institution by this chapter and rules of the commission adopted
817	pursuant to this chapter. The exemption for colleges,
818	universities, community colleges, and career institutesarea
819	technical centersis limited to transferable college credit
820	courses offered by such institutions.
821	(2) An applicant for a permit to operate a proprietary
822	real estate school, to be a chief administrator of a proprietary
823	real estate school or a state institution, or to be an
824	instructor for a proprietary real estate school or a state
825	institution must meet the qualifications for practice set forth
826	in s. 475.17(1) and the following minimal requirements:
827	(c) "School instructor" means an individual who instructs
828	persons in the classroom in noncredit college courses in a
829	college, university, or community college or courses in a career
830	institutean area technical centeror proprietary real estate
831	school.
832	1. Before commencing to provide such instruction, the
833	applicant must certify the applicant's competency and obtain an
834	instructor permit by meeting one of the following requirements:
835	a. Hold a bachelor's degree in a business-related subject,
836	such as real estate, finance, accounting, business
837	administration, or its equivalent and hold a valid broker's
838	license in this state.
839	b. Hold a bachelor's degree, have extensive real estate
840	experience, as defined by rule, and hold a valid broker's
841	license in this state.
842	c. Pass an instructor's examination approved by the
843	commission.
844	2. Any requirement by the commission for a teaching
845	demonstration or practical examination must apply to all school
846	instructor applicants.
847	3. The department shall renew an instructor permit upon
848	receipt of a renewal application and fee. The renewal
849	application shall include proof that the permitholder has, since
850	the issuance or renewal of the current permit, successfully
851	completed a minimum of 15 classroom hours of instruction in real
852	estate subjects or instructional techniques, as prescribed by
853	the commission. The commission shall adopt rules providing for
854	the renewal of instructor permits at least every 2 years. Any
855	permit which is not renewed at the end of the permit period
856	established by the department shall automatically revert to
857	involuntarily inactive status.
858
859	The department may require an applicant to submit names of
860	persons having knowledge concerning the applicant and the
861	enterprise; may propound interrogatories to such persons and to
862	the applicant concerning the character of the applicant,
863	including the taking of fingerprints for processing through the
864	Federal Bureau of Investigation; and shall make such
865	investigation of the applicant or the school or institution as
866	it may deem necessary to the granting of the permit. If an
867	objection is filed, it shall be considered in the same manner as
868	objections or administrative complaints against other applicants
869	for licensure by the department.
870	Section 35. Subsection (1), paragraph (b) of subsection
871	(2), paragraph (b) of subsection (3), and paragraph (b) of
872	subsection (4) of section 475.617, Florida Statutes, are amended
873	to read:
874	475.617 Education and experience requirements.--
875	(1) To be registered as an assistant appraiser, an
876	applicant must present evidence satisfactory to the board that
877	she or he has successfully completed at least 75 hours of
878	approved academic courses in subjects related to real estate
879	appraisal, which shall include coverage of the Uniform Standards
880	of Professional Appraisal Practice from a nationally recognized
881	or state-recognized appraisal organization, career institute
882	area technical center, accredited community college, college, or
883	university, state or federal agency or commission, or
884	proprietary real estate school that holds a permit pursuant to
885	s. 475.451. The board may increase the required number of hours
886	to not more than 100 hours. A classroom hour is defined as 50
887	minutes out of each 60-minute segment. Past courses may be
888	approved on an hour-for-hour basis.
889	(2) To be licensed as an appraiser, an applicant must
890	present evidence satisfactory to the board that she or he:
891	(b) Has successfully completed at least 90 classroom
892	hours, inclusive of examination, of approved academic courses in
893	subjects related to real estate appraisal, which shall include
894	coverage of the Uniform Standards of Professional Appraisal
895	Practice from a nationally recognized or state-recognized
896	appraisal organization, career institutearea technical center,
897	accredited community college, college, or university, state or
898	federal agency or commission, or proprietary real estate school
899	that holds a permit pursuant to s. 475.451. The board may
900	increase the required number of hours to not more than 120
901	hours. A classroom hour is defined as 50 minutes out of each 60-
902	minute segment. Past courses may be approved by the board and
903	substituted on an hour-for-hour basis.
904	(3) To be certified as a residential appraiser, an
905	applicant must present satisfactory evidence to the board that
906	she or he:
907	(b) Has successfully completed at least 120 classroom
908	hours, inclusive of examination, of approved academic courses in
909	subjects related to real estate appraisal, which shall include
910	coverage of the Uniform Standards of Professional Appraisal
911	Practice from a nationally recognized or state-recognized
912	appraisal organization, career institutearea technical center,
913	accredited community college, college, or university, state or
914	federal agency or commission, or proprietary real estate school
915	that holds a permit pursuant to s. 475.451. The board may
916	increase the required number of hours to not more than 165
917	hours. A classroom hour is defined as 50 minutes out of each 60-
918	minute segment. Past courses may be approved by the board and
919	substituted on an hour-for-hour basis.
920	(4) To be certified as a general appraiser, an applicant
921	must present evidence satisfactory to the board that she or he:
922	(b) Has successfully completed at least 180 classroom
923	hours, inclusive of examination, of approved academic courses in
924	subjects related to real estate appraisal, which shall include
925	coverage of the Uniform Standards of Professional Appraisal
926	Practice from a nationally recognized or state-recognized
927	appraisal organization, career institutearea technical center,
928	accredited community college, college, or university, state or
929	federal agency or commission, or proprietary real estate school
930	that holds a permit pursuant to s. 475.451. The board may
931	increase the required number of hours to not more than 225
932	hours. A classroom hour is defined as 50 minutes out of each 60-
933	minute segment. Past courses may be approved by the board and
934	substituted on an hour-for-hour basis.
935	Section 36. Subsections (1) and (2) of section 475.627,
936	Florida Statutes, are amended to read:
937	475.627 Appraisal course instructors.--
938	(1) Where the course or courses to be taught are
939	prescribed by the board or approved precedent to registration,
940	licensure, certification, or renewal as a registered assistant
941	appraiser, licensed appraiser, or certified residential
942	appraiser, before commencing to instruct noncredit college
943	courses in a college, university, or community college, or
944	courses in a career institutean area technical centeror
945	proprietary real estate school, a person must certify her or his
946	competency by meeting one of the following requirements:
947	(a) Hold a valid certification as a residential real
948	estate appraiser in this or any other state.
949	(b) Pass an appraiser instructor's examination which shall
950	test knowledge of residential appraisal topics.
951	(2) Where the course or courses to be taught are
952	prescribed by the board or approved precedent to registration,
953	licensure, certification, or renewal as a registered assistant
954	appraiser, licensed appraiser, or certified appraiser, before
955	commencing to instruct noncredit college courses in a college,
956	university, or community college, or courses in a career
957	institutean areatechnical centeror proprietary real estate
958	school, a person must certify her or his competency by meeting
959	one of the following requirements:
960	(a) Hold a valid certification as a general real estate
961	appraiser in this or any other state.
962	(b) Pass an appraiser instructor's examination which shall
963	test knowledge of residential and nonresidential appraisal
964	topics.
965	Section 37. Subsection (1) of section 494.0029, Florida
966	Statutes, is amended to read:
967	494.0029 Mortgage business schools.--
968	(1) Each person, school, or institution, except accredited
969	colleges, universities, community colleges, and career
970	institutes area technical centersin this state, which offers or
971	conducts mortgage business training as a condition precedent to
972	licensure as a mortgage broker or lender or a correspondent
973	mortgage lender shall obtain a permit from the department and
974	abide by the regulations imposed upon such person, school, or
975	institution by this chapter and rules adopted pursuant to this
976	chapter. The department shall, by rule, recertify the permits
977	annually with initial and renewal permit fees that do not exceed
978	$500 plus the cost of accreditation.
979	Section 38. Paragraph (a) of subsection (2) of section
980	509.302, Florida Statutes, is amended to read:
981	509.302 Director of education, personnel, employment
982	duties, compensation.--
983	(2) The director of education shall develop and implement
984	an educational program, designated the "Hospitality Education
985	Program," offered for the benefit of the entire industry. This
986	program may affiliate with Florida State University, Florida
987	International University, and the University of Central Florida.
988	The program may also affiliate with any other member of the
989	State University System or Florida Community College System, or
990	with any privately funded college or university, which offers a
991	program of hospitality administration and management. The
992	primary goal of this program is to instruct and train all
993	individuals and businesses licensed under this chapter, in
994	cooperation with recognized associations that represent the
995	licensees, in the application of state and federal laws and
996	rules. Such programs shall also include:
997	(a) CareerVocationaltraining.
998	Section 39. Subsection (4) of section 553.841, Florida
999	Statutes, is amended to read:
1000	553.841 Building code training program; participant
1001	competency requirements.--
1002	(4) The commission may enter into contracts with the
1003	Department of Education, the State University System, the
1004	Division of Community Colleges, model code organizations,
1005	professional organizations, career institutesvocational-
1006	technical schools, trade organizations, and private industry to
1007	administer the program.
1008	Section 40. Subsection (12) of section 790.06, Florida
1009	Statutes, is amended to read:
1010	790.06 License to carry concealed weapon or firearm.--
1011	(12) No license issued pursuant to this section shall
1012	authorize any person to carry a concealed weapon or firearm into
1013	any place of nuisance as defined in s. 823.05; any police,
1014	sheriff, or highway patrol station; any detention facility,
1015	prison, or jail; any courthouse; any courtroom, except that
1016	nothing in this section would preclude a judge from carrying a
1017	concealed weapon or determining who will carry a concealed
1018	weapon in his or her courtroom; any polling place; any meeting
1019	of the governing body of a county, public school district,
1020	municipality, or special district; any meeting of the
1021	Legislature or a committee thereof; any school, college, or
1022	professional athletic event not related to firearms; any school
1023	administration building; any portion of an establishment
1024	licensed to dispense alcoholic beverages for consumption on the
1025	premises, which portion of the establishment is primarily
1026	devoted to such purpose; any elementary or secondary school
1027	facility; any career institutearea technical center; any
1028	college or university facility unless the licensee is a
1029	registered student, employee, or faculty member of such college
1030	or university and the weapon is a stun gun or nonlethal electric
1031	weapon or device designed solely for defensive purposes and the
1032	weapon does not fire a dart or projectile; inside the passenger
1033	terminal and sterile area of any airport, provided that no
1034	person shall be prohibited from carrying any legal firearm into
1035	the terminal, which firearm is encased for shipment for purposes
1036	of checking such firearm as baggage to be lawfully transported
1037	on any aircraft; or any place where the carrying of firearms is
1038	prohibited by federal law. Any person who willfully violates any
1039	provision of this subsection commits a misdemeanor of the second
1040	degree, punishable as provided in s. 775.082 or s. 775.083.
1041	Section 41. Section 790.115, Florida Statutes, is amended
1042	to read:
1043	790.115 Possessing or discharging weapons or firearms at a
1044	school-sponsored event or on school property prohibited;
1045	penalties; exceptions.--
1046	(1) A person who exhibits any sword, sword cane, firearm,
1047	electric weapon or device, destructive device, or other weapon,
1048	including a razor blade, box cutter, or knife, except as
1049	authorized in support of school-sanctioned activities, in the
1050	presence of one or more persons in a rude, careless, angry, or
1051	threatening manner and not in lawful self-defense, at a school-
1052	sponsored event or on the grounds or facilities of any school,
1053	school bus, or school bus stop, or within 1,000 feet of the real
1054	property that comprises a public or private elementary school,
1055	middle school, or secondary school, during school hours or
1056	during the time of a sanctioned school activity, commits a
1057	felony of the third degree, punishable as provided in s.
1058	775.082, s. 775.083, or s. 775.084. This subsection does not
1059	apply to the exhibition of a firearm or weapon on private real
1060	property within 1,000 feet of a school by the owner of such
1061	property or by a person whose presence on such property has been
1062	authorized, licensed, or invited by the owner.
1063	(2)(a) A person shall not possess any firearm, electric
1064	weapon or device, destructive device, or other weapon, including
1065	a razor blade, box cutter, or knife, except as authorized in
1066	support of school-sanctioned activities, at a school-sponsored
1067	event or on the property of any school, school bus, or school
1068	bus stop; however, a person may carry a firearm:
1069	1. In a case to a firearms program, class or function
1070	which has been approved in advance by the principal or chief
1071	administrative officer of the school as a program or class to
1072	which firearms could be carried;
1073	2. In a case to a career institutevocational school
1074	having a firearms training range; or
1075	3. In a vehicle pursuant to s. 790.25(5); except that
1076	school districts may adopt written and published policies that
1077	waive the exception in this subparagraph for purposes of student
1078	and campus parking privileges.
1079
1080	For the purposes of this section, "school" means any preschool,
1081	elementary school, middle school, junior high school, secondary
1082	school, career institutevocational school, or postsecondary
1083	school, whether public or nonpublic.
1084	(b) A person who willfully and knowingly possesses any
1085	electric weapon or device, destructive device, or other weapon,
1086	including a razor blade, box cutter, or knife, except as
1087	authorized in support of school-sanctioned activities, in
1088	violation of this subsection commits a felony of the third
1089	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1090	775.084.
1091	(c)1. A person who willfully and knowingly possesses any
1092	firearm in violation of this subsection commits a felony of the
1093	third degree, punishable as provided in s. 775.082, s. 775.083,
1094	or s. 775.084.
1095	2. A person who stores or leaves a loaded firearm within
1096	the reach or easy access of a minor who obtains the firearm and
1097	commits a violation of subparagraph 1. commits a misdemeanor of
1098	the second degree, punishable as provided in s. 775.082 or s.
1099	775.083; except that this does not apply if the firearm was
1100	stored or left in a securely locked box or container or in a
1101	location which a reasonable person would have believed to be
1102	secure, or was securely locked with a firearm-mounted push-
1103	button combination lock or a trigger lock; if the minor obtains
1104	the firearm as a result of an unlawful entry by any person; or
1105	to members of the Armed Forces, National Guard, or State
1106	Militia, or to police or other law enforcement officers, with
1107	respect to firearm possession by a minor which occurs during or
1108	incidental to the performance of their official duties.
1109	(d) A person who discharges any weapon or firearm while in
1110	violation of paragraph (a), unless discharged for lawful defense
1111	of himself or herself or another or for a lawful purpose,
1112	commits a felony of the second degree, punishable as provided in
1113	s. 775.082, s. 775.083, or s. 775.084.
1114	(e) The penalties of this subsection shall not apply to
1115	persons licensed under s. 790.06. Persons licensed under s.
1116	790.06 shall be punished as provided in s. 790.06(12), except
1117	that a licenseholder who unlawfully discharges a weapon or
1118	firearm on school property as prohibited by this subsection
1119	commits a felony of the second degree, punishable as provided in
1120	s. 775.082, s. 775.083, or s. 775.084.
1121	(3) This section does not apply to any law enforcement
1122	officer as defined in s. 943.10(1), (2), (3), (4), (6), (7),
1123	(8), (9), or (14).
1124	(4) Notwithstanding s. 985.213, s. 985.214, or s.
1125	985.215(1), any minor under 18 years of age who is charged under
1126	this section with possessing or discharging a firearm on school
1127	property shall be detained in secure detention, unless the state
1128	attorney authorizes the release of the minor, and shall be given
1129	a probable cause hearing within 24 hours after being taken into
1130	custody. At the hearing, the court may order that the minor
1131	continue to be held in secure detention for a period of 21 days,
1132	during which time the minor shall receive medical, psychiatric,
1133	psychological, or substance abuse examinations pursuant to s.
1134	985.224, and a written report shall be completed.
1135	Section 42. Section 810.095, Florida Statutes, is amended
1136	to read:
1137	810.095 Trespass on school property with firearm or other
1138	weapon prohibited.--
1139	(1) It is a felony of the third degree, punishable as
1140	provided in s. 775.082, s. 775.083, or s. 775.084, for a person
1141	who is trespassing upon school property to bring onto, or to
1142	possess on, such school property, any weapon or firearm.
1143	(2) As used in this section, "school property" means the
1144	grounds or facility of any kindergarten, elementary school,
1145	middle school, junior high school, secondary school, career
1146	institutevocational school, or postsecondary school, whether
1147	public or nonpublic.
1148	Section 43. Paragraph (b) of subsection (6) of section
1149	943.14, Florida Statutes, is amended to read:
1150	943.14 Commission-certified criminal justice training
1151	schools; certificates and diplomas; exemptions; injunctive
1152	relief; fines.--
1153	(6)
1154	(b) All other criminal justice sciences or administration
1155	courses or subjects which are a part of the curriculum of any
1156	accredited college, university, community college, or career
1157	institutevocational-technical centerof this state, and all
1158	full-time instructors of such institutions, are exempt from the
1159	provisions of subsections (1)-(5).
1160	Section 44. Subsection (1) of section 958.12, Florida
1161	Statutes, is amended to read:
1162	958.12 Participation in certain activities required.--
1163	(1) A youthful offender shall be required to participate
1164	in work assignments, and in careervocational, academic,
1165	counseling, and other rehabilitative programs in accordance with
1166	this section, including, but not limited to:
1167	(a) All youthful offenders may be required, as
1168	appropriate, to participate in:
1169	1. Reception and orientation.
1170	2. Evaluation, needs assessment, and classification.
1171	3. Educational programs.
1172	4. CareerVocationaland job training.
1173	5. Life and socialization skills training, including
1174	anger/aggression control.
1175	6. Prerelease orientation and planning.
1176	7. Appropriate transition services.
1177	(b) In addition to the requirements in paragraph (a), the
1178	department shall make available:
1179	1. Religious services and counseling.
1180	2. Social services.
1181	3. Substance abuse treatment and counseling.
1182	4. Psychological and psychiatric services.
1183	5. Library services.
1184	6. Medical and dental health care.
1185	7. Athletic, recreational, and leisure time activities.
1186	8. Mail and visiting privileges.
1187
1188	Income derived by a youthful offender from participation in such
1189	activities may be used, in part, to defray a portion of the
1190	costs of his or her incarceration or supervision; to satisfy
1191	preexisting obligations; to pay fines, counseling fees, or other
1192	costs lawfully imposed; or to pay restitution to the victim of
1193	the crime for which the youthful offender has been convicted in
1194	an amount determined by the sentencing court. Any such income
1195	not used for such reasons or not used as provided in s. 946.513
1196	or s. 958.09 shall be placed in a bank account for use by the
1197	youthful offender upon his or her release.
1198	Section 45. Paragraphs (a) and (b) of subsection (1),
1199	paragraph (a) of subsection (2), and subsections (3) and (4) of
1200	section 985.315, Florida Statutes, are amended to read:
1201	985.315 EducationalEducational/technical and career-
1202	relatedvocational work-relatedprograms.--
1203	(1)(a) It is the finding of the Legislature that the
1204	educationaleducational/technical and career-relatedvocational
1205	work-relatedprograms of the Department of Juvenile Justice are
1206	uniquely different from other programs operated or conducted by
1207	other departments in that it is essential to the state that
1208	these programs provide juveniles with useful information and
1209	activities that can lead to meaningful employment after release
1210	in order to assist in reducing the return of juveniles to the
1211	system.
1212	(b) It is further the finding of the Legislature that the
1213	mission of a juvenile educationaleducational/technical and
1214	career-relatedvocational work-relatedprogram is, in order of
1215	priority:
1216	1. To provide a joint effort between the department, the
1217	juvenile work programs, and educationaleducational/technical
1218	and career trainingvocational trainingprograms to reinforce
1219	relevant education, training, and postrelease job placement, and
1220	help reduce recommitment.
1221	2. To serve the security goals of the state through the
1222	reduction of idleness of juveniles and the provision of an
1223	incentive for good behavior in residential commitment
1224	facilities.
1225	3. To teach youth in juvenile justice programs relevant
1226	job skills and the fundamentals of a trade in order to prepare
1227	them for placement in the workforce.
1228	(2)(a) The department is strongly encouraged to require
1229	juveniles placed in a high-risk residential, maximum-risk
1230	residential, or a serious/habitual offender program to
1231	participate in an educationaleducational/technical or career-
1232	relatedvocational work-relatedprogram 5 hours per day, 5 days
1233	per week. All policies developed by the department relating to
1234	this requirement must be consistent with applicable federal,
1235	state, and local labor laws and standards, including all laws
1236	relating to child labor.
1237	(3) In adopting or modifying master plans for juvenile
1238	work programs and educationaleducational/technical and career
1239	vocationaltraining programs, and in the administration of the
1240	Department of Juvenile Justice, it shall be the objective of the
1241	department to develop:
1242	(a) Attitudes favorable to work, the work situation, and a
1243	law-abiding life in each juvenile employed in the juvenile work
1244	program.
1245	(b) Education and training opportunities that are
1246	reasonably broad, but which develop specific work skills.
1247	(c) Programs that motivate juveniles to use their
1248	abilities.
1249	(d) Education and training programs that will be of mutual
1250	benefit to all governmental jurisdictions of the state by
1251	reducing the costs of government to the taxpayers and which
1252	integrate all instructional programs into a unified curriculum
1253	suitable for all juveniles, but taking account of the different
1254	abilities of each juvenile.
1255	(e) A logical sequence of educational
1256	educational/technical or careervocationaltraining, employment
1257	by the juvenile work programs, and postrelease job placement for
1258	juveniles participating in juvenile work programs.
1259	(4)(a) The Department of Juvenile Justice shall establish
1260	guidelines for the operation of juvenile educational
1261	educational/technical and career-relatedvocational work-related
1262	programs, which shall include the following procedures:
1263	1. Participation in the educationaleducational/technical
1264	and career-relatedvocational work-relatedprograms shall be on
1265	a 5-day-per-week, 5-hour-per-day basis.
1266	2. The education, training, work experience, emotional and
1267	mental abilities, and physical capabilities of the juvenile and
1268	the duration of the term of placement imposed on the juvenile
1269	are to be analyzed before assignment of the juvenile into the
1270	various processes best suited for educational
1271	educational/technical or careervocationaltraining.
1272	3. When feasible, the department shall attempt to obtain
1273	education or training credit for a juvenile seeking
1274	apprenticeship status or a high school diploma or its
1275	equivalent.
1276	4. The juvenile may begin in a general education and work
1277	skills program and progress to a specific work skills training
1278	program, depending upon the ability, desire, and education and
1279	work record of the juvenile.
1280	5. Modernization and upgrading of equipment and facilities
1281	should include greater automation and improved production
1282	techniques to expose juveniles to the latest technological
1283	procedures to facilitate their adjustment to real work
1284	situations.
1285	(b) Evaluations of juvenile educational
1286	educational/technical and career-relatedvocational work-related
1287	programs shall be conducted according to the following
1288	guidelines:
1289	1. Systematic evaluations and quality assurance monitoring
1290	shall be implemented, in accordance with s. 985.412(1), (2), and
1291	(5), to determine whether the programs are related to successful
1292	postrelease adjustments.
1293	2. Operations and policies of the programs shall be
1294	reevaluated to determine if they are consistent with their
1295	primary objectives.
1296	(c) The department shall seek the advice of private labor
1297	and management to:
1298	1. Assist its work programs in the development of
1299	statewide policies aimed at innovation and organizational
1300	change.
1301	2. Obtain technical and practical assistance, information,
1302	and guidance.
1303	3. Encourage the cooperation and involvement of the
1304	private sector.
1305	4. Assist in the placement of youth into meaningful jobs
1306	upon release from the residential program.
1307	(d) The department and providers are strongly encouraged
1308	to work in partnership with local businesses and trade groups in
1309	the development and operation of educational
1310	educational/technical and careervocationalprograms.
1311	Section 46. Subsections (1) and (2) of section 1000.04,
1312	Florida Statutes, are amended to read:
1313	1000.04 Components for the delivery of public education
1314	within the Florida K-20 education system.--Florida's K-20
1315	education system provides for the delivery of public education
1316	through publicly supported and controlled K-12 schools,
1317	community colleges, state universities and other postsecondary
1318	educational institutions, other educational institutions, and
1319	other educational services as provided or authorized by the
1320	Constitution and laws of the state.
1321	(1) PUBLIC K-12 SCHOOLS.--The public K-12 schools include
1322	charter schools and consist of kindergarten classes; elementary,
1323	middle, and high school grades and special classes; workforce
1324	development education; career institutesarea technical centers;
1325	adult, part-time, career and technical,and evening schools,
1326	courses, or classes, as authorized by law to be operated under
1327	the control of district school boards; and lab schools operated
1328	under the control of state universities.
1329	(2) PUBLIC POSTSECONDARY EDUCATIONAL INSTITUTIONS.--Public
1330	postsecondary educational institutions include workforce
1331	developmenteducation; community colleges; colleges; state
1332	universities; and all other state-supported postsecondary
1333	educational institutions that are authorized and established by
1334	law.
1335	Section 47. Paragraph (e) of subsection (2) and subsection
1336	(4) of section 1000.05, Florida Statutes, are amended to read:
1337	1000.05 Discrimination against students and employees in
1338	the Florida K-20 public education system prohibited; equality of
1339	access required.--
1340	(2)
1341	(e) Guidance services, counseling services, and financial
1342	assistance services in the state public K-20 education system
1343	shall be available to students equally. Guidance and counseling
1344	services, materials, and promotional events shall stress access
1345	to academic and, career and technicalopportunities for students
1346	without regard to race, ethnicity, national origin, gender,
1347	disability, or marital status.
1348	(4) Educational institutions within the state public K-20
1349	education system shall develop and implement methods and
1350	strategies to increase the participation of students of a
1351	particular race, ethnicity, national origin, gender, disability,
1352	or marital status in programs and courses in which students of
1353	that particular race, ethnicity, national origin, gender,
1354	disability, or marital status have been traditionally
1355	underrepresented, including, but not limited to, mathematics,
1356	science, computer technology, electronics, communications
1357	technology, engineering, and career and technicaleducation.
1358	Section 48. Paragraph (h) of subsection (4) of section
1359	1001.42, Florida Statutes, is amended to read:
1360	1001.42 Powers and duties of district school board.--The
1361	district school board, acting as a board, shall exercise all
1362	powers and perform all duties listed below:
1363	(4) ESTABLISHMENT, ORGANIZATION, AND OPERATION OF
1364	SCHOOLS.--Adopt and provide for the execution of plans for the
1365	establishment, organization, and operation of the schools of the
1366	district, including, but not limited to, the following:
1367	(h) Career and technicalclasses and schools.--Provide for
1368	the establishment and maintenance of career and technical
1369	schools, departments, or classes, giving instruction in career
1370	and technicaleducation as defined by rules of the State Board
1371	of Education, and use any moneys raised by public taxation in
1372	the same manner as moneys for other school purposes are used for
1373	the maintenance and support of public schools or classes.
1374	Section 49. Section 1001.44, Florida Statutes, is amended
1375	to read:
1376	1001.44 Career institutesTechnical centers.--
1377	(1) DISTRICT SCHOOL BOARD MAY ESTABLISH OR ACQUIRE CAREER
1378	INSTITUTESTECHNICAL CENTERS.--Any district school board, after
1379	first obtaining the approval of the Department of Education,
1380	may, as a part of the district school system, organize,
1381	establish and operate a career institutetechnical center, or
1382	acquire and operate a career institutetechnical school
1383	previously established.
1384	(2) DISTRICT SCHOOL BOARDS OF CONTIGUOUS DISTRICTS MAY
1385	ESTABLISH OR ACQUIRE CAREER INSTITUTESTECHNICAL CENTERS.--The
1386	district school boards of any two or more contiguous districts
1387	may, upon first obtaining the approval of the department, enter
1388	into an agreement to organize, establish and operate, or acquire
1389	and operate, a career institutetechnical centerunder this
1390	section.
1391	(3) CAREER INSTITUTETECHNICAL CENTERPART OF DISTRICT
1392	SCHOOL SYSTEM DIRECTED BY A DIRECTOR.--
1393	(a) A career institutetechnical centerestablished or
1394	acquired under provisions of law and minimum standards
1395	prescribed by the commissioner shall comprise a part of the
1396	district school system and shall mean an educational institution
1397	offering terminal courses of a technical nature, and courses for
1398	out-of-school youth and adults; shall be subject to all
1399	applicable provisions of this code; shall be under the control
1400	of the district school board of the school district in which it
1401	is located; and shall be directed by a director responsible
1402	through the district school superintendent to the district
1403	school board of the school district in which the institute
1404	centeris located.
1405	(b) Each career institutetechnical centershall maintain
1406	an academic transcript for each student enrolled in the
1407	institutecenter. Such transcript shall delineate each course
1408	completed by the student. Courses shall be delineated by the
1409	course prefix and title assigned pursuant to s. 1007.24. The
1410	institutecentershall make a copy of a student's transcript
1411	available to any student who requests it.
1412	Section 50. Paragraph (a) of subsection (1) of section
1413	1001.452, Florida Statutes, is amended to read:
1414	1001.452 District and school advisory councils.--
1415	(1) ESTABLISHMENT.--
1416	(a) The district school board shall establish an advisory
1417	council for each school in the district and shall develop
1418	procedures for the election and appointment of advisory council
1419	members. Each school advisory council shall include in its name
1420	the words "school advisory council." The school advisory council
1421	shall be the sole body responsible for final decisionmaking at
1422	the school relating to implementation of the provisions of ss.
1423	1001.42(16) and 1008.345. A majority of the members of each
1424	school advisory council must be persons who are not employed by
1425	the school. Each advisory council shall be composed of the
1426	principal and an appropriately balanced number of teachers,
1427	education support employees, students, parents, and other
1428	business and community citizens who are representative of the
1429	ethnic, racial, and economic community served by the school.
1430	Career instituteTechnical centerand high school advisory
1431	councils shall include students, and middle and junior high
1432	school advisory councils may include students. School advisory
1433	councils of career institutestechnicaland adult education
1434	centers are not required to include parents as members. Council
1435	members representing teachers, education support employees,
1436	students, and parents shall be elected by their respective peer
1437	groups at the school in a fair and equitable manner as follows:
1438	1. Teachers shall be elected by teachers.
1439	2. Education support employees shall be elected by
1440	education support employees.
1441	3. Students shall be elected by students.
1442	4. Parents shall be elected by parents.
1443
1444	The district school board shall establish procedures for use by
1445	schools in selecting business and community members that include
1446	means of ensuring wide notice of vacancies and of taking input
1447	on possible members from local business, chambers of commerce,
1448	community and civic organizations and groups, and the public at
1449	large. The district school board shall review the membership
1450	composition of each advisory council. If the district school
1451	board determines that the membership elected by the school is
1452	not representative of the ethnic, racial, and economic community
1453	served by the school, the district school board shall appoint
1454	additional members to achieve proper representation. The
1455	commissioner shall determine if schools have maximized their
1456	efforts to include on their advisory councils minority persons
1457	and persons of lower socioeconomic status. Although schools are
1458	strongly encouraged to establish school advisory councils, the
1459	district school board of any school district that has a student
1460	population of 10,000 or fewer may establish a district advisory
1461	council which shall include at least one duly elected teacher
1462	from each school in the district. For the purposes of school
1463	advisory councils and district advisory councils, the term
1464	"teacher" shall include classroom teachers, certified student
1465	services personnel, and media specialists. For purposes of this
1466	paragraph, "education support employee" means any person
1467	employed by a school who is not defined as instructional or
1468	administrative personnel pursuant to s. 1012.01 and whose duties
1469	require 20 or more hours in each normal working week.
1470	Section 51. Paragraph (a) of subsection (1) of section
1471	1001.453, Florida Statutes, is amended to read:
1472	1001.453 Direct-support organization; use of property;
1473	board of directors; audit.--
1474	(1) DEFINITIONS.--For the purposes of this section, the
1475	term:
1476	(a) "District school board direct-support organization"
1477	means an organization that:
1478	1. Is approved by the district school board;
1479	2. Is a Florida corporation not for profit, incorporated
1480	under the provisions of chapter 617 and approved by the
1481	Department of State; and
1482	3. Is organized and operated exclusively to receive, hold,
1483	invest, and administer property and to make expenditures to or
1484	for the benefit of public kindergarten through 12th grade
1485	education and adult career and technicaland community education
1486	programs in this state.
1487	Section 52. Subsection (16) of section 1001.64, Florida
1488	Statutes, is amended to read:
1489	1001.64 Community college boards of trustees; powers and
1490	duties.--
1491	(16) Each board of trustees must expend performance funds
1492	provided for workforce developmenteducation pursuant to the
1493	provisions of s. 1011.80.
1494	Section 53. Subsection (2) of section 1002.01, Florida
1495	Statutes, is amended to read:
1496	1002.01 Definitions.--
1497	(2) A "private school" is a nonpublic school defined as an
1498	individual, association, copartnership, or corporation, or
1499	department, division, or section of such organizations, that
1500	designates itself as an educational center that includes
1501	kindergarten or a higher grade or as an elementary, secondary,
1502	business, technical, or trade school below college level or any
1503	organization that provides instructional services that meet the
1504	intent of s. 1003.01(14) or that gives preemployment or
1505	supplementary training in technology or in fields of trade or
1506	industry or that offers academic, literary, or career and
1507	technicaltraining below college level, or any combination of
1508	the above, including an institution that performs the functions
1509	of the above schools through correspondence or extension, except
1510	those licensed under the provisions of chapter 1005. A private
1511	school may be a parochial, religious, denominational, for-
1512	profit, or nonprofit school. This definition does not include
1513	home education programs conducted in accordance with s. 1002.41.
1514	Section 54. Paragraph (f) of subsection (3) of section
1515	1002.20, Florida Statutes, is amended to read:
1516	1002.20 K-12 student and parent rights.--K-12 students and
1517	their parents are afforded numerous statutory rights including,
1518	but not limited to, the following:
1519	(3) HEALTH ISSUES.--
1520	(f) Career and technicaleducation courses involving
1521	hazardous substances.--High school students must be given plano
1522	safety glasses or devices in career and technicaleducation
1523	courses involving the use of hazardous substances likely to
1524	cause eye injury, in accordance with the provisions of s.
1525	1006.65.
1526	Section 55. Paragraph (a) of subsection (2) and
1527	subsections (3) and (5) of section 1002.22, Florida Statutes,
1528	are amended to read:
1529	1002.22 Student records and reports; rights of parents and
1530	students; notification; penalty.--
1531	(2) DEFINITIONS.--As used in this section:
1532	(a) "Chief executive officer" means that person, whether
1533	elected or appointed, who is responsible for the management and
1534	administration of any public educational body or unit, or the
1535	chief executive officer's designee for student records; that is,
1536	the district school superintendent, the director of a career
1537	institutean area technical center, the president of a public
1538	postsecondary educational institution, or their designees.
1539	(3) RIGHTS OF PARENT OR STUDENT.--The parent of any
1540	student who attends or has attended any public school, career
1541	institute area technical center, or public postsecondary
1542	educational institution shall have the following rights with
1543	respect to any records or reports created, maintained, and used
1544	by any public educational institution in the state. However,
1545	whenever a student has attained 18 years of age, or is attending
1546	a postsecondary educational institution, the permission or
1547	consent required of, and the rights accorded to, the parents of
1548	the student shall thereafter be required of and accorded to the
1549	student only, unless the student is a dependent student of such
1550	parents as defined in 26 U.S.C. s. 152 (s. 152 of the Internal
1551	Revenue Code of 1954). The State Board of Education shall adopt
1552	rules whereby parents or students may exercise these rights:
1553	(a) Right of access.--
1554	1. Such parent or student shall have the right, upon
1555	request directed to the appropriate school official, to be
1556	provided with a list of the types of records and reports,
1557	directly related to students, as maintained by the institution
1558	that the student attends or has attended.
1559	2. Such parent or student shall have the right, upon
1560	request, to be shown any record or report relating to such
1561	student maintained by any public educational institution. When
1562	the record or report includes information on more than one
1563	student, the parent or student shall be entitled to receive, or
1564	be informed of, only that part of the record or report that
1565	pertains to the student who is the subject of the request. Upon
1566	a reasonable request therefor, the institution shall furnish
1567	such parent or student with an explanation or interpretation of
1568	any such record or report.
1569	3. Copies of any list, record, or report requested under
1570	the provisions of this paragraph shall be furnished to the
1571	parent or student upon request.
1572	4. The State Board of Education shall adopt rules to be
1573	followed by all public educational institutions in granting
1574	requests for lists, or for access to reports and records or for
1575	copies or explanations thereof under this paragraph. However,
1576	access to any report or record requested under the provisions of
1577	subparagraph 2. shall be granted within 30 days after receipt of
1578	such request by the institution. Fees may be charged for
1579	furnishing any copies of reports or records requested under
1580	subparagraph 3., but such fees shall not exceed the actual cost
1581	to the institution of producing such copies.
1582	(b) Right of waiver of access to confidential letters or
1583	statements.--A parent or student shall have the right to waive
1584	the right of access to letters or statements of recommendation
1585	or evaluation, except that such waiver shall apply to
1586	recommendations or evaluations only if:
1587	1. The parent or student is, upon request, notified of the
1588	names of all persons submitting confidential letters or
1589	statements.
1590	2. Such recommendations or evaluations are used solely for
1591	the purpose for which they were specifically intended.
1592
1593	Such waivers may not be required as a condition for admission
1594	to, receipt of financial aid from, or receipt of any other
1595	services or benefits from, any public agency or public
1596	educational institution in this state.
1597	(c) Right to challenge and hearing.--A parent or student
1598	shall have the right to challenge the content of any record or
1599	report to which such person is granted access under paragraph
1600	(a), in order to ensure that the record or report is not
1601	inaccurate, misleading, or otherwise in violation of the privacy
1602	or other rights of the student and to provide an opportunity for
1603	the correction, deletion, or expunction of any inaccurate,
1604	misleading, or otherwise inappropriate data or material
1605	contained therein. Any challenge arising under the provisions of
1606	this paragraph may be settled through informal meetings or
1607	discussions between the parent or student and appropriate
1608	officials of the educational institution. If the parties at such
1609	a meeting agree to make corrections, to make deletions, to
1610	expunge material, or to add a statement of explanation or
1611	rebuttal to the file, such agreement shall be reduced to writing
1612	and signed by the parties; and the appropriate school officials
1613	shall take the necessary actions to implement the agreement. If
1614	the parties cannot reach an agreement, upon the request of
1615	either party, a hearing shall be held on such challenge under
1616	rules adopted by the State Board of Education. Upon the request
1617	of the parent or student, the hearing shall be exempt from the
1618	requirements of s. 286.011. Such rules shall include at least
1619	the following provisions:
1620	1. The hearing shall be conducted within a reasonable
1621	period of time following the request for the hearing.
1622	2. The hearing shall be conducted, and the decision
1623	rendered, by an official of the educational institution or other
1624	party who does not have a direct interest in the outcome of the
1625	hearing.
1626	3. The parent or student shall be afforded a full and fair
1627	opportunity to present evidence relevant to the issues raised
1628	under this paragraph.
1629	4. The decision shall be rendered in writing within a
1630	reasonable period of time after the conclusion of the hearing.
1631	5. The appropriate school officials shall take the
1632	necessary actions to implement the decision.
1633	(d) Right of privacy.--Every student shall have a right of
1634	privacy with respect to the educational records kept on him or
1635	her. Personally identifiable records or reports of a student,
1636	and any personal information contained therein, are confidential
1637	and exempt from the provisions of s. 119.07(1). No state or
1638	local educational agency, board, public school, career institute
1639	technical center, or public postsecondary educational
1640	institution shall permit the release of such records, reports,
1641	or information without the written consent of the student's
1642	parent, or of the student himself or herself if he or she is
1643	qualified as provided in this subsection, to any individual,
1644	agency, or organization. However, personally identifiable
1645	records or reports of a student may be released to the following
1646	persons or organizations without the consent of the student or
1647	the student's parent:
1648	1. Officials of schools, school systems, career institutes
1649	technical centers, or public postsecondary educational
1650	institutions in which the student seeks or intends to enroll;
1651	and a copy of such records or reports shall be furnished to the
1652	parent or student upon request.
1653	2. Other school officials, including teachers within the
1654	educational institution or agency, who have legitimate
1655	educational interests in the information contained in the
1656	records.
1657	3. The United States Secretary of Education, the Director
1658	of the National Institute of Education, the Assistant Secretary
1659	for Education, the Comptroller General of the United States, or
1660	state or local educational authorities who are authorized to
1661	receive such information subject to the conditions set forth in
1662	applicable federal statutes and regulations of the United States
1663	Department of Education, or in applicable state statutes and
1664	rules of the State Board of Education.
1665	4. Other school officials, in connection with a student's
1666	application for or receipt of financial aid.
1667	5. Individuals or organizations conducting studies for or
1668	on behalf of an institution or a board of education for the
1669	purpose of developing, validating, or administering predictive
1670	tests, administering student aid programs, or improving
1671	instruction, if such studies are conducted in such a manner as
1672	will not permit the personal identification of students and
1673	their parents by persons other than representatives of such
1674	organizations and if such information will be destroyed when no
1675	longer needed for the purpose of conducting such studies.
1676	6. Accrediting organizations, in order to carry out their
1677	accrediting functions.
1678	7. School readiness coalitions and the Florida Partnership
1679	for School Readiness in order to carry out their assigned
1680	duties.
1681	8. For use as evidence in student expulsion hearings
1682	conducted by a district school board pursuant to the provisions
1683	of chapter 120.
1684	9. Appropriate parties in connection with an emergency, if
1685	knowledge of the information in the student's educational
1686	records is necessary to protect the health or safety of the
1687	student or other individuals.
1688	10. The Auditor General and the Office of Program Policy
1689	Analysis and Government Accountability in connection with their
1690	official functions; however, except when the collection of
1691	personally identifiable information is specifically authorized
1692	by law, any data collected by the Auditor General and the Office
1693	of Program Policy Analysis and Government Accountability is
1694	confidential and exempt from the provisions of s. 119.07(1) and
1695	shall be protected in such a way as will not permit the personal
1696	identification of students and their parents by other than the
1697	Auditor General, the Office of Program Policy Analysis and
1698	Government Accountability, and their staff, and such personally
1699	identifiable data shall be destroyed when no longer needed for
1700	the Auditor General's and the Office of Program Policy Analysis
1701	and Government Accountability's official use.
1702	11.a. A court of competent jurisdiction in compliance with
1703	an order of that court or the attorney of record pursuant to a
1704	lawfully issued subpoena, upon the condition that the student
1705	and the student's parent are notified of the order or subpoena
1706	in advance of compliance therewith by the educational
1707	institution or agency.
1708	b. A person or entity pursuant to a court of competent
1709	jurisdiction in compliance with an order of that court or the
1710	attorney of record pursuant to a lawfully issued subpoena, upon
1711	the condition that the student, or his or her parent if the
1712	student is either a minor and not attending a postsecondary
1713	educational institution or a dependent of such parent as defined
1714	in 26 U.S.C. s. 152 (s. 152 of the Internal Revenue Code of
1715	1954), is notified of the order or subpoena in advance of
1716	compliance therewith by the educational institution or agency.
1717	12. Credit bureaus, in connection with an agreement for
1718	financial aid that the student has executed, provided that such
1719	information may be disclosed only to the extent necessary to
1720	enforce the terms or conditions of the financial aid agreement.
1721	Credit bureaus shall not release any information obtained
1722	pursuant to this paragraph to any person.
1723	13. Parties to an interagency agreement among the
1724	Department of Juvenile Justice, school and law enforcement
1725	authorities, and other signatory agencies for the purpose of
1726	reducing juvenile crime and especially motor vehicle theft by
1727	promoting cooperation and collaboration, and the sharing of
1728	appropriate information in a joint effort to improve school
1729	safety, to reduce truancy and in-school and out-of-school
1730	suspensions, and to support alternatives to in-school and out-
1731	of-school suspensions and expulsions that provide structured and
1732	well-supervised educational programs supplemented by a
1733	coordinated overlay of other appropriate services designed to
1734	correct behaviors that lead to truancy, suspensions, and
1735	expulsions, and that support students in successfully completing
1736	their education. Information provided in furtherance of such
1737	interagency agreements is intended solely for use in determining
1738	the appropriate programs and services for each juvenile or the
1739	juvenile's family, or for coordinating the delivery of such
1740	programs and services, and as such is inadmissible in any court
1741	proceedings prior to a dispositional hearing unless written
1742	consent is provided by a parent or other responsible adult on
1743	behalf of the juvenile.
1744
1745	This paragraph does not prohibit any educational institution
1746	from publishing and releasing to the general public directory
1747	information relating to a student if the institution elects to
1748	do so. However, no educational institution shall release, to any
1749	individual, agency, or organization that is not listed in
1750	subparagraphs 1.-13., directory information relating to the
1751	student body in general or a portion thereof unless it is
1752	normally published for the purpose of release to the public in
1753	general. Any educational institution making directory
1754	information public shall give public notice of the categories of
1755	information that it has designated as directory information with
1756	respect to all students attending the institution and shall
1757	allow a reasonable period of time after such notice has been
1758	given for a parent or student to inform the institution in
1759	writing that any or all of the information designated should not
1760	be released.
1761	(5) PENALTY.--In the event that any public school official
1762	or employee, district school board official or employee, career
1763	institutetechnical centerofficial or employee, or public
1764	postsecondary educational institution official or employee
1765	refuses to comply with any of the provisions of this section,
1766	the aggrieved parent or student shall have an immediate right to
1767	bring an action in the circuit court to enforce the violated
1768	right by injunction. Any aggrieved parent or student who brings
1769	such an action and whose rights are vindicated may be awarded
1770	attorney's fees and court costs.
1771	Section 56. Paragraph (a) of subsection (11) of section
1772	1002.34, Florida Statutes, is amended to read:
1773	1002.34 Charter technical career centers.--
1774	(11) FUNDING.--
1775	(a) Each district school board and community college that
1776	sponsors a charter technical career center shall pay directly to
1777	the center an amount stated in the charter. State funding shall
1778	be generated for the center for its student enrollment and
1779	program outcomes as provided in law. A center is eligible for
1780	funding from the Florida Workforce DevelopmentEducation Fund,
1781	the Florida Education Finance Program, and the Community College
1782	Program Fund, depending upon the programs conducted by the
1783	center.
1784	Section 57. Paragraph (a) of subsection (2) of section
1785	1002.42, Florida Statutes, is amended to read:
1786	1002.42 Private schools.--
1787	(2) ANNUAL PRIVATE SCHOOL SURVEY.--
1788	(a) The Department of Education shall organize, maintain,
1789	and annually update a database of educational institutions
1790	within the state coming within the provisions of this section.
1791	There shall be included in the database of each institution the
1792	name, address, and telephone number of the institution; the type
1793	of institution; the names of administrative officers; the
1794	enrollment by grade or special group (e.g., career and technical
1795	education and exceptional child education); the number of
1796	graduates; the number of instructional and administrative
1797	personnel; the number of days the school is in session; and such
1798	data as may be needed to meet the provisions of this section and
1799	s. 1003.23(2).
1800	Section 58. Subsection (4) and paragraph (c) of subsection
1801	(9) of section 1003.01, Florida Statutes, are amended to read:
1802	1003.01 Definitions.--As used in this chapter, the term:
1803	(4) "Career and technicaleducation" means education that
1804	provides instruction for the following purposes:
1805	(a) At the elementary, middle, and secondary school
1806	levels, exploratory courses designed to give students initial
1807	exposure to a broad range of occupations to assist them in
1808	preparing their academic and occupational plans, and practical
1809	arts courses that provide generic skills that may apply to many
1810	occupations but are not designed to prepare students for entry
1811	into a specific occupation. Career and technicaleducation
1812	provided before high school completion must be designed to
1813	enhance both occupational and academic skills through
1814	integration with academic instruction.
1815	(b) At the secondary school level, job-preparatory
1816	instruction in the competencies that prepare students for
1817	effective entry into an occupation, including diversified
1818	cooperative education, work experience, and job-entry programs
1819	that coordinate directed study and on-the-job training.
1820	(c) At the postsecondary education level, courses of study
1821	that provide competencies needed for entry into specific
1822	occupations or for advancement within an occupation.
1823	(9) "Dropout" means a student who meets any one or more of
1824	the following criteria:
1825	(c) The student has withdrawn from school, but has not
1826	transferred to another public or private school or enrolled in
1827	any career and technical, adult, home education, or alternative
1828	educational program;
1829
1830	The State Board of Education may adopt rules to implement the
1831	provisions of this subsection.
1832	Section 59. Section 1003.02, Florida Statutes, is amended
1833	to read:
1834	1003.02 District school board operation and control of
1835	public K-12 education within the school district.--As provided
1836	in part II of chapter 1001, district school boards are
1837	constitutionally and statutorily charged with the operation and
1838	control of public K-12 education within their school district.
1839	The district school boards must establish, organize, and operate
1840	their public K-12 schools and educational programs, employees,
1841	and facilities. Their responsibilities include staff
1842	development, public K-12 school student education including
1843	education for exceptional students and students in juvenile
1844	justice programs, special programs, adult education programs,
1845	and career andtechnicaleducation programs. Additionally,
1846	district school boards must:
1847	(1) Provide for the proper accounting for all students of
1848	school age, for the attendance and control of students at
1849	school, and for proper attention to health, safety, and other
1850	matters relating to the welfare of students in the following
1851	fields:
1852	(a) Admission, classification, promotion, and graduation
1853	of students.--Adopt rules for admitting, classifying, promoting,
1854	and graduating students to or from the various schools of the
1855	district. (1) Provide for the proper accounting for all
1856	students of school age, for the attendance and control of
1857	students at school, and for proper attention to health, safety,
1858	and other matters relating to the welfare of students in the
1859	following fields:
1860	(b) Enforcement of attendance laws.--Provide for the
1861	enforcement of all laws and rules relating to the attendance of
1862	students at school.
1863	(c) Control of students.--
1864	1. Adopt rules for the control, attendance, discipline,
1865	in-school suspension, suspension, and expulsion of students and
1866	decide all cases recommended for expulsion.
1867	2. Maintain a code of student conduct as provided in
1868	chapter 1006.
1869	(d) Courses of study and instructional materials.--
1870	1. Provide adequate instructional materials for all
1871	students as follows and in accordance with the requirements of
1872	chapter 1006, in the core courses of mathematics, language arts,
1873	social studies, science, reading, and literature, except for
1874	instruction for which the school advisory council approves the
1875	use of a program that does not include a textbook as a major
1876	tool of instruction.
1877	2. Adopt courses of study for use in the schools of the
1878	district.
1879	3. Provide for proper requisitioning, distribution,
1880	accounting, storage, care, and use of all instructional
1881	materials as may be needed, and ensure that instructional
1882	materials used in the district are consistent with the district
1883	goals and objectives and the curriculum frameworks approved by
1884	the State Board of Education, as well as with the state and
1885	school district performance standards required by law and state
1886	board rule.
1887	(e) Transportation.--Make provision for the transportation
1888	of students to the public schools or school activities they are
1889	required or expected to attend, efficiently and economically, in
1890	accordance with the requirements of chapter 1006.
1891	(f) Facilities and school plant.--
1892	1. Approve and adopt a districtwide school facilities
1893	program, in accordance with the requirements of chapter 1013.
1894	2. Approve plans for locating, planning, constructing,
1895	sanitating, insuring, maintaining, protecting, and condemning
1896	school property as prescribed in chapter 1013.
1897	3. Approve and adopt a districtwide school building
1898	program.
1899	4. Select and purchase school sites, playgrounds, and
1900	recreational areas located at centers at which schools are to be
1901	constructed, of adequate size to meet the needs of projected
1902	students to be accommodated.
1903	5. Approve the proposed purchase of any site, playground,
1904	or recreational area for which school district funds are to be
1905	used.
1906	6. Expand existing sites.
1907	7. Rent buildings when necessary.
1908	8. Enter into leases or lease-purchase arrangements, in
1909	accordance with the requirements and conditions provided in s.
1910	1013.15(2).
1911	9. Provide for the proper supervision of construction.
1912	10. Make or contract for additions, alterations, and
1913	repairs on buildings and other school properties.
1914	11. Ensure that all plans and specifications for buildings
1915	provide adequately for the safety and well-being of students, as
1916	well as for economy of construction.
1917	12. Provide adequately for the proper maintenance and
1918	upkeep of school plants.
1919	13. Carry insurance on every school building in all school
1920	plants including contents, boilers, and machinery, except
1921	buildings of three classrooms or less which are of frame
1922	construction and located in a tenth class public protection zone
1923	as defined by the Florida Inspection and Rating Bureau, and on
1924	all school buses and other property under the control of the
1925	district school board or title to which is vested in the
1926	district school board, except as exceptions may be authorized
1927	under rules of the State Board of Education.
1928	14. Condemn and prohibit the use for public school
1929	purposes of any building under the control of the district
1930	school board.
1931	(g) School operation.--
1932	1. Provide for the operation of all public schools as free
1933	schools for a term of at least 180 days or the equivalent on an
1934	hourly basis as specified by rules of the State Board of
1935	Education; determine district school funds necessary in addition
1936	to state funds to operate all schools for the minimum term; and
1937	arrange for the levying of district school taxes necessary to
1938	provide the amount needed from district sources.
1939	2. Prepare, adopt, and timely submit to the Department of
1940	Education, as required by law and by rules of the State Board of
1941	Education, the annual school budget, so as to promote the
1942	improvement of the district school system.
1943	(h) Records and reports.--
1944	1. Keep all necessary records and make all needed and
1945	required reports, as required by law or by rules of the State
1946	Board of Education.
1947	2. At regular intervals require reports to be made by
1948	principals or teachers in all public schools to the parents of
1949	the students enrolled and in attendance at their schools,
1950	apprising them of the academic and other progress being made by
1951	the student and giving other useful information.
1952	(2) Require that all laws, all rules of the State Board of
1953	Education, and all rules of the district school board are
1954	properly enforced.
1955	(3) Maintain a system of school improvement and education
1956	accountability as required by law and State Board of Education
1957	rule, including but not limited to the requirements of chapter
1958	1008.
1959	(4) For any school within the district that is not in
1960	compliance with the small school size requirements of chapter
1961	1013, in order to reduce the anonymity of students in large
1962	schools, adopt policies that encourage subdivision of the school
1963	into schools-within-a-school, which shall operate within
1964	existing resources. A "school-within-a-school" means an
1965	operational program that uses flexible scheduling, team
1966	planning, and curricular and instructional innovation to
1967	organize groups of students with groups of teachers as smaller
1968	units, so as to functionally operate as a smaller school.
1969	Examples of this include, but are not limited to:
1970	(a) An organizational arrangement assigning both students
1971	and teachers to smaller units in which the students take some or
1972	all of their coursework with their fellow grouped students and
1973	from the teachers assigned to the smaller unit. A unit may be
1974	grouped together for 1 year or on a vertical, multiyear basis.
1975	(b) An organizational arrangement similar to that
1976	described in paragraph (a) with additional variations in
1977	instruction and curriculum. The smaller unit usually seeks to
1978	maintain a program different from that of the larger school, or
1979	of other smaller units. It may be vertically organized, but is
1980	dependent upon the school principal for its existence, budget,
1981	and staff.
1982	(c) A separate and autonomous smaller unit formally
1983	authorized by the district school board or district school
1984	superintendent. The smaller unit plans and runs its own program,
1985	has its own staff and students, and receives its own separate
1986	budget. The smaller unit must negotiate the use of common space
1987	with the larger school and defer to the building principal on
1988	matters of safety and building operation.
1989	Section 60. Subsections (1) and (9) of section 1003.43,
1990	Florida Statutes, are amended to read:
1991	1003.43 General requirements for high school graduation.--
1992	(1) Graduation requires successful completion of either a
1993	minimum of 24 academic credits in grades 9 through 12 or an
1994	International Baccalaureate curriculum. The 24 credits shall be
1995	distributed as follows:
1996	(a) Four credits in English, with major concentration in
1997	composition and literature.
1998	(b) Three credits in mathematics. Effective for students
1999	entering the 9th grade in the 1997-1998 school year and
2000	thereafter, one of these credits must be Algebra I, a series of
2001	courses equivalent to Algebra I, or a higher-level mathematics
2002	course.
2003	(c) Three credits in science, two of which must have a
2004	laboratory component. The State Board of Education may grant an
2005	annual waiver of the laboratory requirement to a district school
2006	board that certifies that its laboratory facilities are
2007	inadequate, provided the district school board submits a capital
2008	outlay plan to provide adequate facilities and makes the funding
2009	of this plan a priority of the district school board.
2010	Agriscience Foundations I, the core course in secondary
2011	Agriscience and Natural Resources programs, counts as one of the
2012	science credits.
2013	(d) One credit in American history.
2014	(e) One credit in world history, including a comparative
2015	study of the history, doctrines, and objectives of all major
2016	political systems.
2017	(f) One-half credit in economics, including a comparative
2018	study of the history, doctrines, and objectives of all major
2019	economic systems. The Florida Council on Economic Education
2020	shall provide technical assistance to the department and
2021	district school boards in developing curriculum materials for
2022	the study of economics.
2023	(g) One-half credit in American government, including
2024	study of the Constitution of the United States. For students
2025	entering the 9th grade in the 1997-1998 school year and
2026	thereafter, the study of Florida government, including study of
2027	the State Constitution, the three branches of state government,
2028	and municipal and county government, shall be included as part
2029	of the required study of American government.
2030	(h)1. One credit in practical arts career and technical
2031	education or exploratory career and technicaleducation. Any
2032	career and technicaleducation course as defined in s. 1003.01
2033	may be taken to satisfy the high school graduation requirement
2034	for one credit in practical arts or exploratory career and
2035	technicaleducation provided in this subparagraph;
2036	2. One credit in performing fine arts to be selected from
2037	music, dance, drama, painting, or sculpture. A course in any art
2038	form, in addition to painting or sculpture, that requires manual
2039	dexterity, or a course in speech and debate, may be taken to
2040	satisfy the high school graduation requirement for one credit in
2041	performing arts pursuant to this subparagraph; or
2042	3. One-half credit each in practical arts career and
2043	technical education or exploratory career and technical
2044	education and performing fine arts, as defined in this
2045	paragraph.
2046
2047	Such credit for practical arts career and technicaleducation or
2048	exploratory career and technicaleducation or for performing
2049	fine arts shall be made available in the 9th grade, and students
2050	shall be scheduled into a 9th grade course as a priority.
2051	(i) One-half credit in life management skills to include
2052	consumer education, positive emotional development, marriage and
2053	relationship skill-based education, nutrition, prevention of
2054	human immunodeficiency virus infection and acquired immune
2055	deficiency syndrome and other sexually transmissible diseases,
2056	benefits of sexual abstinence and consequences of teenage
2057	pregnancy, information and instruction on breast cancer
2058	detection and breast self-examination, cardiopulmonary
2059	resuscitation, drug education, and the hazards of smoking. Such
2060	credit shall be given for a course to be taken by all students
2061	in either the 9th or 10th grade.
2062	(j) One credit in physical education to include
2063	assessment, improvement, and maintenance of personal fitness.
2064	Participation in an interscholastic sport at the junior varsity
2065	or varsity level, for two full seasons, shall satisfy the one-
2066	credit requirement in physical education if the student passes a
2067	competency test on personal fitness with a score of "C" or
2068	better. The competency test on personal fitness must be
2069	developed by the Department of Education. A district school
2070	board may not require that the one credit in physical education
2071	be taken during the 9th grade year. Completion of one semester
2072	with a grade of "C" or better in a marching band class or in a
2073	physical activity class that requires participation in marching
2074	band activities as an extracurricular activity shall satisfy a
2075	one-half credit requirement in physical education. This one-half
2076	credit may not be used to satisfy the personal fitness
2077	requirement or the requirement for adaptive physical education
2078	under an individual educational plan (IEP) or 504 plan.
2079	(k) Eight and one-half elective credits.
2080
2081	District school boards may award a maximum of one-half credit in
2082	social studies and one-half elective credit for student
2083	completion of nonpaid voluntary community or school service
2084	work. Students choosing this option must complete a minimum of
2085	75 hours of service in order to earn the one-half credit in
2086	either category of instruction. Credit may not be earned for
2087	service provided as a result of court action. District school
2088	boards that approve the award of credit for student volunteer
2089	service shall develop guidelines regarding the award of the
2090	credit, and school principals are responsible for approving
2091	specific volunteer activities. A course designated in the Course
2092	Code Directory as grade 9 through grade 12 that is taken below
2093	the 9th grade may be used to satisfy high school graduation
2094	requirements or Florida Academic Scholars award requirements as
2095	specified in a district school board's student progression plan.
2096	A student shall be granted credit toward meeting the
2097	requirements of this subsection for equivalent courses, as
2098	identified pursuant to s. 1007.271(6), taken through dual
2099	enrollment.
2100	(9) A student who meets all requirements prescribed in
2101	subsections (1), (4), and (5) shall be awarded a standard
2102	diploma in a form prescribed by the State Board of Education. A
2103	district school board may attach the Florida gold seal career
2104	and technicalendorsement to a standard diploma or, instead of
2105	the standard diploma, award differentiated diplomas to those
2106	exceeding the prescribed minimums. A student who completes the
2107	minimum number of credits and other requirements prescribed by
2108	subsections (1) and (4), but who is unable to meet the standards
2109	of paragraph (5)(a), paragraph (5)(b), or paragraph (5)(c),
2110	shall be awarded a certificate of completion in a form
2111	prescribed by the State Board of Education. However, any student
2112	who is otherwise entitled to a certificate of completion may
2113	elect to remain in the secondary school either as a full-time
2114	student or a part-time student for up to 1 additional year and
2115	receive special instruction designed to remedy his or her
2116	identified deficiencies.
2117	Section 61. Subsection (3) of section 1003.47, Florida
2118	Statutes, is amended to read:
2119	1003.47 Biological experiments on living subjects.--
2120	(3) If any instructional employee of a public high school
2121	or career institutearea technical centerknowingly or
2122	intentionally fails or refuses to comply with any of the
2123	provisions of this section, the district school board may
2124	suspend, dismiss, return to annual contract, or otherwise
2125	discipline such employee as provided in s. 1012.22(1)(f) in
2126	accordance with procedures established in chapter 1012. If any
2127	instructional employee of any private school knowingly or
2128	intentionally fails or refuses to comply with the provisions of
2129	this section, the governing authority of the private school may
2130	suspend, dismiss, or otherwise discipline such employee in
2131	accordance with its standard personnel procedures.
2132	Section 62. Subsection (1) of section 1003.491, Florida
2133	Statutes, is amended to read:
2134	1003.491 Career and technicaleducation.--
2135	(1) School board, superintendent, and school
2136	accountability for career and technicaleducation within
2137	elementary and secondary schools includes, but is not limited
2138	to:
2139	(a) Student exposure to a variety of careers and provision
2140	of instruction to explore specific careers in greater depth.
2141	(b) Student awareness of available career and technical
2142	programs and the corresponding occupations into which such
2143	programs lead.
2144	(c) Student development of individual career plans.
2145	(d) Integration of academic and career and technical
2146	skills in the secondary curriculum.
2147	(e) Student preparation to enter the workforce and enroll
2148	in postsecondary education without being required to complete
2149	college preparatory or careervocationalpreparatory
2150	instruction.
2151	(f) Student retention in school through high school
2152	graduation.
2153	(g) Career and technicalcurriculum articulation with
2154	corresponding postsecondary programs in the career institute
2155	local area technical centeror community college, or both.
2156	Section 63. Paragraphs (e) and (f) of subsection (2) of
2157	section 1003.51, Florida Statutes, are amended to read:
2158	1003.51 Other public educational services.--
2159	(2) The State Board of Education shall adopt and maintain
2160	an administrative rule articulating expectations for effective
2161	education programs for youth in Department of Juvenile Justice
2162	programs, including, but not limited to, education programs in
2163	juvenile justice commitment and detention facilities. The rule
2164	shall articulate policies and standards for education programs
2165	for youth in Department of Juvenile Justice programs and shall
2166	include the following:
2167	(e) Assessment procedures, which:
2168	1. Include appropriate academic and career and technical
2169	assessments administered at program entry and exit that are
2170	selected by the Department of Education in partnership with
2171	representatives from the Department of Juvenile Justice,
2172	district school boards, and providers.
2173	2. Require district school boards to be responsible for
2174	ensuring the completion of the assessment process.
2175	3. Require assessments for students in detention who will
2176	move on to commitment facilities, to be designed to create the
2177	foundation for developing the student's education program in the
2178	assigned commitment facility.
2179	4. Require assessments of students sent directly to
2180	commitment facilities to be completed within the first week of
2181	the student's commitment.
2182
2183	The results of these assessments, together with a portfolio
2184	depicting the student's academic and career and technical
2185	accomplishments, shall be included in the discharge package
2186	assembled for each youth.
2187	(f) Recommended instructional programs, including, but not
2188	limited to, career and technicaltraining and job preparation.
2189	Section 64. Paragraph (c) of subsection (1) and
2190	subsections (3), (5), and (23) of section 1003.52, Florida
2191	Statutes, are amended to read:
2192	1003.52 Educational services in Department of Juvenile
2193	Justice programs.--
2194	(1) The Legislature finds that education is the single
2195	most important factor in the rehabilitation of adjudicated
2196	delinquent youth in the custody of the Department of Juvenile
2197	Justice in detention or commitment facilities. It is the goal of
2198	the Legislature that youth in the juvenile justice system
2199	continue to be allowed the opportunity to obtain a high quality
2200	education. The Department of Education shall serve as the lead
2201	agency for juvenile justice education programs, curriculum,
2202	support services, and resources. To this end, the Department of
2203	Education and the Department of Juvenile Justice shall each
2204	designate a Coordinator for Juvenile Justice Education Programs
2205	to serve as the point of contact for resolving issues not
2206	addressed by district school boards and to provide each
2207	department's participation in the following activities:
2208	(c) Developing academic and career and technicalprotocols
2209	that provide guidance to district school boards and providers in
2210	all aspects of education programming, including records transfer
2211	and transition.
2212
2213	Annually, a cooperative agreement and plan for juvenile justice
2214	education service enhancement shall be developed between the
2215	Department of Juvenile Justice and the Department of Education
2216	and submitted to the Secretary of Juvenile Justice and the
2217	Commissioner of Education by June 30.
2218	(3) The district school board of the county in which the
2219	residential or nonresidential care facility or juvenile
2220	assessment facility is located shall provide appropriate
2221	educational assessments and an appropriate program of
2222	instruction and special education services. The district school
2223	board shall make provisions for each student to participate in
2224	basic, career and technicaleducation, and exceptional student
2225	programs as appropriate. Students served in Department of
2226	Juvenile Justice programs shall have access to the appropriate
2227	courses and instruction to prepare them for the GED test.
2228	Students participating in GED preparation programs shall be
2229	funded at the basic program cost factor for Department of
2230	Juvenile Justice programs in the Florida Education Finance
2231	Program. Each program shall be conducted according to applicable
2232	law providing for the operation of public schools and rules of
2233	the State Board of Education.
2234	(5) The educational program shall consist of appropriate
2235	basic academic, career and technical, or exceptional curricula
2236	and related services which support the treatment goals and
2237	reentry and which may lead to completion of the requirements for
2238	receipt of a high school diploma or its equivalent. If the
2239	duration of a program is less than 40 days, the educational
2240	component may be limited to tutorial activities and career and
2241	technicalemployability skills.
2242	(23) The Department of Juvenile Justice and the Department
2243	of Education shall, in consultation with the statewide Workforce
2244	Development Youth Council, district school boards, providers,
2245	and others, jointly develop a multiagency plan for career and
2246	technicaleducation which describes the curriculum, goals, and
2247	outcome measures for career and technicaleducation programming
2248	in juvenile commitment facilities, pursuant to s. 985.3155.
2249	Section 65. Subsections (21), (23), (25), and (26) of
2250	section 1004.02, Florida Statutes, are amended to read:
2251	1004.02 Definitions.--As used in this chapter:
2252	(21) "CareerTechnicalcertificate program" means a course
2253	of study that leads to at least one occupational completion
2254	point. The program may also confer credit that may articulate
2255	with a diploma or careertechnicaldegree education program, if
2256	authorized by rules of the State Board of Education. Any credit
2257	instruction designed to articulate to a degree program is
2258	subject to guidelines and standards adopted by the Department of
2259	Education pursuant to chapter 1007. The term is interchangeable
2260	with the term "certificate career and technicaleducation
2261	program."
2262	(23) "Career and technicaleducation planning region"
2263	means the geographic area in which career and technicalor adult
2264	education is provided. Each career and technicalregion is
2265	contiguous with one of the 28 community college service areas.
2266	(25) "Career and technicalprogram" means a group of
2267	identified competencies leading to occupations identified by a
2268	Classification of Instructional Programs number.
2269	(26) "Workforce developmenteducation" means adult general
2270	education or career and technicaleducation and may consist of a
2271	continuing workforce education course or a program of study
2272	leading to an occupational completion point, a careertechnical
2273	certificate, an applied technology diploma, or a career
2274	technicaldegree.
2275	Section 66. Section 1004.07, Florida Statutes, is amended
2276	to read:
2277	1004.07 Student withdrawal from courses due to military
2278	service; effect.--Each district school board, community college
2279	district board of trustees, and university board of trustees
2280	shall establish, by rule and pursuant to guidelines of the
2281	Florida Board of Education, policies regarding currently
2282	enrolled students who are called to, or enlist in, active
2283	military service. Such policies shall provide that any student
2284	enrolled in a postsecondary course or courses at a career
2285	institutean area technical center, a public community college,
2286	a public college, or a state university shall not incur academic
2287	or financial penalties by virtue of performing military service
2288	on behalf of our country. Such student shall be permitted the
2289	option of either completing the course or courses at a later
2290	date without penalty or withdrawing from the course or courses
2291	with a full refund of fees paid. If the student chooses to
2292	withdraw, the student's record shall reflect that the withdrawal
2293	is due to active military service.
2294	Section 67. Paragraphs (b), (c), (d), and (g) of
2295	subsection (4) of section 1004.54, Florida Statutes, are amended
2296	to read:
2297	1004.54 Learning Development and Evaluation Center.--
2298	(4) An outreach component shall be established which shall
2299	include:
2300	(b) Working with community colleges, career institutes
2301	technical centers, and community agencies to identify students
2302	who may benefit from the program.
2303	(c) Providing secondary schools, community colleges,
2304	career institutestechnical centers, and community agencies with
2305	a description of methods used by the program for identification
2306	of students who have learning disabilities.
2307	(d) Providing secondary schools, community colleges,
2308	career institutestechnical centers, and community agencies with
2309	a description of program services and the support services
2310	available.
2311	(g) Designing, developing, and implementing, in
2312	cooperation with Florida Agricultural and Mechanical University,
2313	public school districts, community colleges, and career
2314	institutes technical centerswithin the Department of Education,
2315	model programs for the learning disabled student.
2316	Section 68. Subsection (6) of section 1004.65, Florida
2317	Statutes, is amended to read:
2318	1004.65 Community colleges; definition, mission, and
2319	responsibilities.--
2320	(6) The primary mission and responsibility of community
2321	colleges is responding to community needs for postsecondary
2322	academic education and careertechnicaldegree education. This
2323	mission and responsibility includes being responsible for:
2324	(a) Providing lower level undergraduate instruction and
2325	awarding associate degrees.
2326	(b) Preparing students directly for careersvocations
2327	requiring less than baccalaureate degrees. This may include
2328	preparing for job entry, supplementing of skills and knowledge,
2329	and responding to needs in new areas of technology. Career and
2330	technical education in the community college shall consist of
2331	careertechnicalcertificates, credit courses leading to
2332	associate in science degrees and associate in applied science
2333	degrees, and other programs in fields requiring substantial
2334	academic work, background, or qualifications. A community
2335	college may offer career and technicaleducation programs in
2336	fields having lesser academic or technical requirements.
2337	(c) Providing student development services, including
2338	assessment, student tracking, support for disabled students,
2339	advisement, counseling, financial aid, career development, and
2340	remedial and tutorial services, to ensure student success.
2341	(d) Promoting economic development for the state within
2342	each community college district through the provision of special
2343	programs, including, but not limited to, the:
2344	1. Enterprise Florida-related programs.
2345	2. Technology transfer centers.
2346	3. Economic development centers.
2347	4. Workforce literacy programs.
2348	(e) Providing dual enrollment instruction.
2349	Section 69. Paragraph (b) of subsection (3) and paragraph
2350	(a) of subsection (8) of section 1004.73, Florida Statutes, are
2351	amended to read:
2352	1004.73 St. Petersburg College.--
2353	(3) STUDENTS; FEES.--
2354	(b) The Board of Trustees of St. Petersburg College shall
2355	establish the level of tuition and other authorized student fees
2356	consistent with law and proviso in the General Appropriations
2357	Act.
2358	1. For each credit hour of enrollment in a certificate
2359	level course or lower-division level college credit course,
2360	tuition and fees must be within the range authorized in law and
2361	rule for a community college student at that level.
2362	2. For each credit hour of enrollment in an upper-division
2363	level course, matriculation and tuition fees must be in an
2364	amount established by the Board of Trustees of St. Petersburg
2365	College. However, fees for upper-division students must reflect
2366	the fact that the college does not incur the costs of major
2367	research programs. Therefore, the board of trustees shall
2368	establish fees for upper-division students within a range that
2369	is lower than the fees established for students at a state
2370	university but higher than the fees for community college
2371	students.
2372	3. Other mandatory fees and local fees must be at the same
2373	level for all lower-division students. For upper-division
2374	students, other mandatory fees and local fees must be at a level
2375	less than fees established for University of South Florida
2376	students, regardless of program enrollment or level. However,
2377	students in workforce developmenteducation courses maintain the
2378	authorized fee exemptions described in s. 1009.25 and may be
2379	exempt from local fees imposed by the board of trustees, at the
2380	board's discretion.
2381	(8) STATE FUNDING.--
2382	(a) The Legislature intends to fund St. Petersburg College
2383	as a community college for its workforce developmenteducation
2384	programs and for its lower-division level college credit courses
2385	and programs.
2386	Section 70. Subsections (1) and (2) of section 1004.91,
2387	Florida Statutes, are amended to read:
2388	1004.91 Career-preparatoryVocational-preparatory
2389	instruction.--
2390	(1) The State Board of Education shall adopt, by rule,
2391	standards of basic skill mastery for certificate career
2392	technicaleducation programs. Each school district and community
2393	college that conducts programs that confer careertechnical
2394	credit shall provide career-preparatoryvocational-preparatory
2395	instruction through which students receive the basic skills
2396	instruction required pursuant to this section.
2397	(2) Students who enroll in a program offered for career
2398	technicalcredit of 450 hours or more shall complete an entry-
2399	level examination within the first 6 weeks of admission into the
2400	program. The State Board of Education shall designate
2401	examinations that are currently in existence, the results of
2402	which are comparable across institutions, to assess student
2403	mastery of basic skills. Any student found to lack the required
2404	level of basic skills for such program shall be referred to
2405	career-preparatoryvocational-preparatoryinstruction or adult
2406	basic education for a structured program of basic skills
2407	instruction. Such instruction may include English for speakers
2408	of other languages. A student may not receive a careertechnical
2409	certificate of completion without first demonstrating the basic
2410	skills required in the state curriculum frameworks for the
2411	program.
2412	Section 71. Section 1004.92, Florida Statutes, is amended
2413	to read:
2414	1004.92 Purpose and responsibilities for career and
2415	technicaleducation.--
2416	(1) The purpose of career and technicaleducation is to
2417	enable students who complete career and technicalprograms to
2418	attain and sustain employment and realize economic self-
2419	sufficiency. The purpose of this section is to identify issues
2420	related to career and technicaleducation for which school
2421	boards and community college boards of trustees are accountable.
2422	It is the intent of the Legislature that the standards
2423	articulated in subsection (2) be considered in the development
2424	of accountability standards for public schools pursuant to ss.
2425	1000.03, 1001.42(16), and 1008.345 and for community colleges
2426	pursuant to s. 1008.45.
2427	(2)(a) School board, superintendent, and career institute
2428	technical center, and community college board of trustees and
2429	president, accountability for career and technicaleducation
2430	programs includes, but is not limited to:
2431	1. Student demonstration of the academic skills necessary
2432	to enter an occupation.
2433	2. Student preparation to enter an occupation in an entry-
2434	level position or continue postsecondary study.
2435	3. Career and technicalprogram articulation with other
2436	corresponding postsecondary programs and job training
2437	experiences.
2438	4. Employer satisfaction with the performance of students
2439	who complete career and technicaleducation or reach
2440	occupational completion points.
2441	5. Student completion, placement, and retention rates
2442	pursuant to s. 1008.43.
2443	(b) Department of Education accountability for career and
2444	technicaleducation includes, but is not limited to:
2445	1. The provision of timely, accurate technical assistance
2446	to school districts and community colleges.
2447	2. The provision of timely, accurate information to the
2448	State Board of Education, the Legislature, and the public.
2449	3. The development of policies, rules, and procedures that
2450	facilitate institutional attainment of the accountability
2451	standards and coordinate the efforts of all divisions within the
2452	department.
2453	4. The development of program standards and industry-
2454	driven benchmarks for career and technical, adult, and community
2455	education programs, which must be updated every 3 years. The
2456	standards must include careertechnical, academic, and workplace
2457	skills; viability of distance learning for instruction; and
2458	work/learn cycles that are responsive to business and industry.
2459	5. Overseeing school district and community college
2460	compliance with the provisions of this chapter.
2461	6. Ensuring that the educational outcomes for the
2462	technical component of career and technicalprograms are uniform
2463	and designed to provide a graduate who is capable of entering
2464	the workforce on an equally competitive basis regardless of the
2465	institution of choice.
2466	(3) Each career institutetechnical centeroperated by a
2467	district school board shall establish an institutea center
2468	advisory council pursuant to s. 1001.452. The institutecenter
2469	advisory council shall assist in the preparation and evaluation
2470	of institutecenterimprovement plans required pursuant to s.
2471	1001.42(16) and may provide assistance, upon the request of the
2472	institute center director, in the preparation of the institute's
2473	center'sannual budget and plan as required by s. 1008.385(1).
2474	Section 72. Paragraph (b) of subsection (1), paragraph (d)
2475	of subsection (2), and paragraph (c) of subsection (4) of
2476	section 1004.93, Florida Statutes, are amended to read:
2477	1004.93 Adult general education.--
2478	(1)
2479	(b) It is further intended that educational opportunities
2480	be available for adults who have earned a diploma or high school
2481	equivalency diploma but who lack the basic skills necessary to
2482	function effectively in everyday situations, to enter the job
2483	market, or to enter careertechnicalcertificate instruction.
2484	(2) The adult education program must provide academic
2485	services to students in the following priority:
2486	(d) Students who have earned high school diplomas and
2487	require specific improvement in order to:
2488	1. Obtain or maintain employment or benefit from
2489	certificate careertechnicaleducation programs;
2490	2. Pursue a postsecondary degree; or
2491	3. Develop competence in the English language to qualify
2492	for employment.
2493	(4)
2494	(c) The State Board of Education shall define, by rule,
2495	the levels and courses of instruction to be funded through the
2496	college-preparatory program. The state board shall coordinate
2497	the establishment of costs for college-preparatory courses, the
2498	establishment of statewide standards that define required levels
2499	of competence, acceptable rates of student progress, and the
2500	maximum amount of time to be allowed for completion of college-
2501	preparatory instruction. College-preparatory instruction is part
2502	of an associate in arts degree program and may not be funded as
2503	an adult careerand technicaleducation program.
2504	Section 73. Subsection (2) of section 1004.98, Florida
2505	Statutes, is amended to read:
2506	1004.98 Workforce literacy programs.--
2507	(2) Each community college and school district may conduct
2508	courses and programs through which adults gain the communication
2509	and computation skills necessary to complete a career and
2510	technicalprogram, to gain or maintain entry-level employment,
2511	or to upgrade employment. Courses may not be conducted until the
2512	community college or school district identifies current and
2513	prospective employees who do not possess the skills necessary to
2514	enter career and technicalprograms or to obtain or maintain
2515	employment.
2516	Section 74. Paragraph (c) of subsection (2) of section
2517	1005.21, Florida Statutes, is amended to read:
2518	1005.21 Commission for Independent Education.--
2519	(2) The Commission for Independent Education shall consist
2520	of seven members who are residents of this state. The commission
2521	shall function in matters concerning independent postsecondary
2522	educational institutions in consumer protection, program
2523	improvement, and licensure for institutions under its purview.
2524	The Governor shall appoint the members of the commission who are
2525	subject to confirmation by the Senate. The membership of the
2526	commission shall consist of:
2527	(c) One member from a public school district or community
2528	college who is an administrator of career and technical
2529	education.
2530	Section 75. Subsections (2) and (5) of section 1006.035,
2531	Florida Statutes, are amended to read:
2532	1006.035 Dropout reentry and mentor project.--
2533	(2) The project shall identify 15 black students in each
2534	location who have dropped out of high school but were not
2535	encountering academic difficulty when they left school. Students
2536	chosen to participate may not have a high school diploma, be
2537	enrolled in an adult general education program which includes a
2538	GED program or an adult high school, or be enrolled in a career
2539	institutetechnical school. Students may be employed but must be
2540	able to adjust their work schedules to accommodate classes and
2541	project sessions. Priority must be given to students who have
2542	dropped out of school within the last 3 years.
2543	(5) Selected project participants shall be evaluated and
2544	enrolled in a GED program, regular high school, career institute
2545	technical school, or alternative school. In conjunction with
2546	school guidance personnel, project staff shall design a
2547	supplemental program to reinforce basic skills, provide
2548	additional counseling, and offer tutorial assistance. Weekly,
2549	project staff shall monitor students' attendance, performance,
2550	homework, and attitude toward school.
2551	Section 76. Subsection (1) of section 1006.051, Florida
2552	Statutes, is amended to read:
2553	1006.051 Sunshine Workforce Solutions Grant Program.--
2554	(1) The Legislature recognizes the need for school
2555	districts to be able to respond to critical workforce shortages
2556	in nursing. The Sunshine Workforce Solutions Grant Program is
2557	created to provide grants to school districts on a competitive
2558	basis to fund all or some of the costs associated with
2559	establishing an exploratory program in nursing at the middle
2560	school level or a comprehensive career and technicaleducation
2561	program within a high school that provides a program of study in
2562	nursing that will provide a seamless transition to appropriate
2563	postsecondary education or employment.
2564	(a) A comprehensive career and technicaleducation program
2565	within a high school that provides a program of study in nursing
2566	must be certified or endorsed by the Florida Board of Nursing to
2567	ensure that all components of the program are relevant and
2568	appropriate to prepare the student for further education and
2569	employment in nursing.
2570	(b) For career and technicaleducation programs in which
2571	high school credit is articulated to a related postsecondary
2572	education program, there must be an articulation agreement that
2573	ensures seamless transition from one level to the next without a
2574	loss of credit for the student.
2575	(c) Participation in work-based learning experiences, as
2576	defined in rule by the Department of Education, shall be
2577	required in career and technicaleducation programs at the high
2578	school level.
2579	Section 77. Paragraph (c) of subsection (3) of section
2580	1006.21, Florida Statutes, is amended to read:
2581	1006.21 Duties of district school superintendent and
2582	district school board regarding transportation.--
2583	(3) District school boards, after considering
2584	recommendations of the district school superintendent:
2585	(c) May provide transportation for public school migrant,
2586	exceptional, nursery, and other public school students in
2587	membership below kindergarten; kindergarten through grade 12
2588	students in membership in a public school; and adult students in
2589	membership in adult career and technical, basic, and high school
2590	graduation programs in a public school when, and only when,
2591	transportation is necessary to provide adequate educational
2592	facilities and opportunities which otherwise would not be
2593	available.
2594	Section 78. Paragraph (a) of subsection (4) of section
2595	1006.31, Florida Statutes, is amended to read:
2596	1006.31 Duties of each state instructional materials
2597	committee.--The duties of each state instructional materials
2598	committee are:
2599	(4) EVALUATION OF INSTRUCTIONAL MATERIALS.--To evaluate
2600	carefully all instructional materials submitted, to ascertain
2601	which instructional materials, if any, submitted for
2602	consideration best implement the selection criteria developed by
2603	the commissioner and those curricular objectives included within
2604	applicable performance standards provided for in s. 1001.03(1).
2605	(a) When recommending instructional materials for use in
2606	the schools, each committee shall include only instructional
2607	materials that accurately portray the ethnic, socioeconomic,
2608	cultural, and racial diversity of our society, including men and
2609	women in professional, career and technical, and executive
2610	roles, and the role and contributions of the entrepreneur and
2611	labor in the total development of this state and the United
2612	States.
2613
2614	The findings of the committees, including the evaluation of
2615	instructional materials, shall be in sessions open to the
2616	public. All decisions leading to determinations of the
2617	committees shall be by roll call vote, and at no time will a
2618	secret ballot be permitted.
2619	Section 79. Paragraph (a) of subsection (2) and paragraph
2620	(b) of subsection (3) of section 1007.21, Florida Statutes, are
2621	amended to read:
2622	1007.21 Readiness for postsecondary education and the
2623	workplace.--
2624	(2)(a) Students entering the 9th grade and their parents
2625	shall be active participants in choosing an end-of-high-school
2626	student destination based upon both student and parent or
2627	guardian goals. Four or more destinations should be available
2628	with bridges between destinations to enable students to shift
2629	destinations should they choose to change goals. The
2630	destinations shall accommodate the needs of students served in
2631	exceptional education programs to the extent appropriate for
2632	individual students. Exceptional education students may continue
2633	to follow the courses outlined in the district school board
2634	student progression plan. Participating students and their
2635	parents shall choose among destinations, which must include:
2636	1. Four-year college or university, community college plus
2637	university, or military academy.
2638	2. Two-year postsecondary degree.
2639	3. Postsecondary career and technicalcertificate.
2640	4. Immediate employment or entry-level military.
2641	(3)
2642	(b) The school principal shall:
2643	1. Designate a member of the existing instructional or
2644	administrative staff to serve as a specialist to help coordinate
2645	the use of student achievement strategies to help students
2646	succeed in their coursework. The specialist shall also assist
2647	teachers in integrating the academic and career and technical
2648	curricula, utilizing technology, providing feedback regarding
2649	student achievement, and implementing the Blueprint for Career
2650	Preparation and Tech Prep programs.
2651	2. Institute strategies to eliminate reading, writing, and
2652	mathematics deficiencies of secondary students.
2653	Section 80. Paragraph (c) of subsection (1) of section
2654	1007.23, Florida Statutes, is amended to read:
2655	1007.23 Statewide articulation agreement.--
2656	(1) The State Board of Education shall establish in rule a
2657	statewide articulation agreement that governs:
2658	(c) Admission of applied technology diploma program
2659	graduates from community colleges or career institutestechnical
2660	centers;
2661	Section 81. Subsection (2) of section 1007.24, Florida
2662	Statutes, is amended to read:
2663	1007.24 Statewide course numbering system.--
2664	(2) The Commissioner of Education shall appoint faculty
2665	committees representing faculties of participating institutions
2666	to recommend a single level for each course, including
2667	postsecondary career and technicaleducation courses, included
2668	in the statewide course numbering system.
2669	(a) Any course designated as an upper-division-level
2670	course must be characterized by a need for advanced academic
2671	preparation and skills that a student would be unlikely to
2672	achieve without significant prior coursework.
2673	(b) A course that is offered as part of an associate in
2674	science degree program and as an upper-division course for a
2675	baccalaureate degree shall be designated for both the lower and
2676	upper division.
2677	(c) A course designated as lower-division may be offered
2678	by any community college.
2679	Section 82. Subsections (2) and (11) of section 1007.25,
2680	Florida Statutes, are amended to read:
2681	1007.25 General education courses; common prerequisites;
2682	and other degree requirements.--
2683	(2) The department shall identify postsecondary career and
2684	technicaleducation programs offered by community colleges and
2685	district school boards. The department shall also identify
2686	career and technicalcourses designated as college credit
2687	courses applicable toward a career and technicaleducation
2688	diploma or degree. Such courses must be identified within the
2689	statewide course numbering system.
2690	(11) The Commissioner of Education shall appoint faculty
2691	committees representing both community college and public school
2692	faculties to recommend to the commissioner for approval by the
2693	State Board of Education a standard program length and
2694	appropriate occupational completion points for each
2695	postsecondary career and technicalcertificate program, diploma,
2696	and degree.
2697	Section 83. Subsection (4) of section 1007.27, Florida
2698	Statutes, is amended to read:
2699	1007.27 Articulated acceleration mechanisms.--
2700	(4) It is the intent of the Legislature to provide
2701	articulated acceleration mechanisms for students who are in home
2702	education programs, as defined in s. 1003.01(11), consistent
2703	with the educational opportunities available to public and
2704	private secondary school students. Home education students may
2705	participate in dual enrollment, career and technicaldual
2706	enrollment, early admission, and credit by examination. Credit
2707	earned by home education students through dual enrollment shall
2708	apply toward the completion of a home education program that
2709	meets the requirements of s. 1002.41.
2710	Section 84. Subsections (1), (3), (4), (8), and (10) of
2711	section 1007.271, Florida Statutes, are amended to read:
2712	1007.271 Dual enrollment programs.--
2713	(1) The dual enrollment program is the enrollment of an
2714	eligible secondary student or home education student in a
2715	postsecondary course creditable toward a career and technical
2716	certificate or an associate or baccalaureate degree.
2717	(3) The Department of Education shall adopt guidelines
2718	designed to achieve comparability across school districts of
2719	both student qualifications and teacher qualifications for dual
2720	enrollment courses. Student qualifications must demonstrate
2721	readiness for college-level coursework if the student is to be
2722	enrolled in college courses. Student qualifications must
2723	demonstrate readiness for career-levelcareer and technical-
2724	level coursework if the student is to be enrolled in career and
2725	technicalcourses. In addition to the common placement
2726	examination, student qualifications for enrollment in college
2727	credit dual enrollment courses must include a 3.0 unweighted
2728	grade point average, and student qualifications for enrollment
2729	in career and technical certificate dual enrollment courses must
2730	include a 2.0 unweighted grade point average. Exceptions to the
2731	required grade point averages may be granted if the educational
2732	entities agree and the terms of the agreement are contained
2733	within the dual enrollment interinstitutional articulation
2734	agreement. Community college boards of trustees may establish
2735	additional admissions criteria, which shall be included in the
2736	district interinstitutional articulation agreement developed
2737	according to s. 1007.235, to ensure student readiness for
2738	postsecondary instruction. Additional requirements included in
2739	the agreement shall not arbitrarily prohibit students who have
2740	demonstrated the ability to master advanced courses from
2741	participating in dual enrollment courses. District school boards
2742	may not refuse to enter into an agreement with a local community
2743	college if that community college has the capacity to offer dual
2744	enrollment courses.
2745	(4) Career and technicaldual enrollment shall be provided
2746	as a curricular option for secondary students to pursue in order
2747	to earn a series of elective credits toward the high school
2748	diploma. However, career and technicaldual enrollment shall not
2749	supplant student acquisition of the diploma. Career and
2750	technicaldual enrollment shall be available for secondary
2751	students seeking a degree or certificate from a complete career-
2752	preparatoryjob-preparatoryprogram, but shall not sustain
2753	student enrollment in isolated career and technicalcourses. It
2754	is the intent of the Legislature that career and technicaldual
2755	enrollment reflect the interests and aptitudes of the student.
2756	The provision of a comprehensive academic and career and
2757	technical dual enrollment program within the career institute
2758	area technical centeror community college is supportive of
2759	legislative intent; however, such provision is not mandatory.
2760	(8) Career and technicalearly admission is a form of
2761	career and technicaldual enrollment through which eligible
2762	secondary students enroll full time in a career institutean
2763	area technical centeror a community college in courses that are
2764	creditable toward the high school diploma and the certificate or
2765	associate degree. Participation in the career and technical
2766	early admission program shall be limited to students who have
2767	completed a minimum of 6 semesters of full-time secondary
2768	enrollment, including studies undertaken in the ninth grade.
2769	Students enrolled pursuant to this section are exempt from the
2770	payment of registration, tuition, and laboratory fees.
2771	(10)(a) The dual enrollment program for home education
2772	students consists of the enrollment of an eligible home
2773	education secondary student in a postsecondary course creditable
2774	toward an associate degree, a career or technicalcertificate,
2775	or a baccalaureate degree. To participate in the dual enrollment
2776	program, an eligible home education secondary student must:
2777	1. Provide proof of enrollment in a home education program
2778	pursuant to s. 1002.41.
2779	2. Be responsible for his or her own instructional
2780	materials and transportation unless provided for otherwise.
2781	(b) Each career institutetechnical center, community
2782	college, and state university shall:
2783	1. Delineate courses and programs for dually enrolled home
2784	education students. Courses and programs may be added, revised,
2785	or deleted at any time.
2786	2. Identify eligibility criteria for home education
2787	student participation, not to exceed those required of other
2788	dually enrolled students.
2789	Section 85. Subsection (1) of section 1008.37, Florida
2790	Statutes, is amended to read:
2791	1008.37 Postsecondary feedback of information to high
2792	schools.--
2793	(1) The State Board of Education shall adopt rules that
2794	require the Commissioner of Education to report to the State
2795	Board of Education, the Legislature, and the district school
2796	boards on the performance of each first-time-in-postsecondary
2797	education student from each public high school in this state who
2798	is enrolled in a public postsecondary institution or public
2799	career institutetechnical center. Such reports must be based on
2800	information databases maintained by the Department of Education.
2801	In addition, the public postsecondary educational institutions
2802	and career institutestechnical centersshall provide district
2803	school boards access to information on student performance in
2804	regular and preparatory courses and shall indicate students
2805	referred for remediation pursuant to s. 1004.91 or s. 1008.30.
2806	Section 86. Paragraph (b) of subsection (1) of section
2807	1008.385, Florida Statutes, is amended to read:
2808	1008.385 Educational planning and information systems.--
2809	(1) EDUCATIONAL PLANNING.--
2810	(b) Each district school board shall maintain a continuing
2811	system of planning and budgeting designed to aid in identifying
2812	and meeting the educational needs of students and the public.
2813	Provision shall be made for coordination between district school
2814	boards and community college boards of trustees concerning the
2815	planning for career and technicaleducation and adult
2816	educational programs. The major emphasis of the system shall be
2817	upon locally determined goals and objectives, the state plan for
2818	education, and the Sunshine State Standards developed by the
2819	Department of Education and adopted by the State Board of
2820	Education. The district planning and budgeting system must
2821	include consideration of student achievement data obtained
2822	pursuant to ss. 1008.22 and 1008.34. The system shall be
2823	structured to meet the specific management needs of the district
2824	and to align the budget adopted by the district school board
2825	with the plan the board has also adopted. Each district school
2826	board shall utilize its system of planning and budgeting to
2827	emphasize a system of school-based management in which
2828	individual school centers become the principal planning units
2829	and to integrate planning and budgeting at the school level.
2830	Section 87. Section 1008.405, Florida Statutes, is amended
2831	to read:
2832	1008.405 Adult student information.--Each school district
2833	and community college shall maintain sufficient information for
2834	each student enrolled in workforce developmenteducation to
2835	allow local and state administrators to locate such student upon
2836	the termination of instruction and to determine the
2837	appropriateness of student placement in specific instructional
2838	programs. The State Board of Education shall adopt, in rule,
2839	specific information that must be maintained and acceptable
2840	means of maintaining that information.
2841	Section 88. Subsections (1) and (2) of section 1008.41,
2842	Florida Statutes, are amended to read:
2843	1008.41 Workforce Developmenteducation; management
2844	information system.--
2845	(1) The Commissioner of Education shall coordinate uniform
2846	program structures, common definitions, and uniform management
2847	information systems for workforce developmenteducation for all
2848	divisions within the department. In performing these functions,
2849	the commissioner shall designate deadlines after which data
2850	elements may not be changed for the coming fiscal or school
2851	year. School districts and community colleges shall be notified
2852	of data element changes at least 90 days prior to the start of
2853	the subsequent fiscal or school year. Such systems must provide
2854	for:
2855	(a) Individual student reporting.
2856	(b) Compliance with state and federal confidentiality
2857	requirements, except that the department shall have access to
2858	the unemployment insurance wage reports to collect and report
2859	placement information about former students. Such placement
2860	reports must not disclose the individual identities of former
2861	students.
2862	(c) Maximum use of automated technology and records in
2863	existing data bases and data systems. To the extent feasible,
2864	the Florida Information Resource Network shall be employed for
2865	this purpose.
2866	(d) Annual reports of student enrollment, completion, and
2867	placement by program.
2868	(2) The State Board of Education shall identify, by rule,
2869	the components to be included in the workforce development
2870	education management information system. All such components
2871	shall be comparable between school districts and community
2872	colleges.
2873	Section 89. Subsection (2) of section 1008.42, Florida
2874	Statutes, is amended to read:
2875	1008.42 Public information on career and technical
2876	education programs.--
2877	(2) The dissemination shall be conducted in accordance
2878	with the following procedures:
2879	(a) Annually, the Department of Education shall publish
2880	the placement rates and average quarterly earnings for students
2881	who complete each type of careertechnicalcertificate program
2882	and careertechnicaldegree program. This information must be
2883	aggregated to the state level and must be included in any
2884	accountability reports. A program that was created or modified
2885	so that placement rates cannot be calculated must be so
2886	identified in such reports.
2887	(b)1. Each district school board shall publish, at a
2888	minimum, the most recently available placement rate for each
2889	careertechnicalcertificate program conducted by that school
2890	district at the secondary school level and at the career
2891	technicaldegree level. The placement rates for the preceding 3
2892	years shall be published if available, shall be included in each
2893	publication that informs the public of the availability of the
2894	program, and shall be made available to each school guidance
2895	counselor. If a program does not have a placement rate, a
2896	publication that lists or describes that program must state that
2897	the rate is unavailable.
2898	2. Each community college shall publish, at a minimum, the
2899	most recent placement rate for each careertechnicalcertificate
2900	program and for each careertechnicaldegree program in its
2901	annual catalog. The placement rates for the preceding 3 years
2902	shall be published, if available, and shall be included in any
2903	publication that informs the public of the availability of the
2904	program. If a program does not have a placement rate, the
2905	publication that lists or describes that program must state that
2906	the rate is unavailable.
2907	3. If a school district or a community college has
2908	calculated for a program a placement rate that differs from the
2909	rate reported by the department, and if each record of a
2910	placement was obtained through a process that was capable of
2911	being audited, procedurally sound, and consistent statewide, the
2912	district or the community college may use the locally calculated
2913	placement rate in the report required by this section. However,
2914	that rate may not be combined with the rate maintained in the
2915	computer files of the Department of Education's Florida
2916	Education and Training Placement Information Program.
2917	4. An independent career and technical, trade, or business
2918	school may not publish a placement rate unless the placement
2919	rate was determined as provided by this section.
2920	Section 90. Paragraphs (a) and (c) of subsection (1) and
2921	subsection (2) of section 1008.43, Florida Statutes, are amended
2922	to read:
2923	1008.43 Career and technicalprogram reporting
2924	requirements.--
2925	(1)(a) The Department of Education shall develop a system
2926	of performance measures in order to evaluate the career and
2927	technicaleducation programs as required in s. 1008.42. This
2928	system must measure program enrollment, completion rates,
2929	placement rates, and amount of earnings at the time of
2930	placement. Placement and employment information, where
2931	applicable, shall contain data relevant to job retention,
2932	including retention rates. The State Board of Education shall
2933	adopt by rule the specific measures and any definitions needed
2934	to establish the system of performance measures.
2935	(c) The State Board of Education shall adopt standards for
2936	the department, district school boards, and community college
2937	district boards of trustees to use in program planning, program
2938	review, and program evaluation. The standards must include, at a
2939	minimum, the completion rates, placement rates, and earnings
2940	from employment of former students of career and technical
2941	education programs.
2942	(2) The State Board of Education shall adopt procedures
2943	for reviewing the career and technicaleducation programs
2944	administered by the district school boards and the community
2945	college district boards of trustees when program performance
2946	falls below the standards required by this section.
2947	Section 91. Paragraphs (d) and (f) of subsection (1) of
2948	section 1008.45, Florida Statutes, are amended to read:
2949	1008.45 Community college accountability process.--
2950	(1) It is the intent of the Legislature that a management
2951	and accountability process be implemented which provides for the
2952	systematic, ongoing improvement and assessment of the
2953	improvement of the quality and efficiency of the Florida
2954	community colleges. Accordingly, the State Board of Education
2955	and the community college boards of trustees shall develop and
2956	implement an accountability plan to improve and evaluate the
2957	instructional and administrative efficiency and effectiveness of
2958	the Florida Community College System. This plan shall be
2959	designed in consultation with staff of the Governor and the
2960	Legislature and must address the following issues:
2961	(d) Job placement rates of community college career and
2962	technicalstudents.
2963	(f) Career and technicalaccountability standards
2964	identified in s. 1008.42.
2965	Section 92. Subsection (1), paragraph (a) of subsection
2966	(3), and subsections (5), (12), and (13) of section 1009.22,
2967	Florida Statutes, are amended to read:
2968	1009.22 Workforce development postsecondary student fees.-
2969	-
2970	(1) This section applies to students enrolled in workforce
2971	development programs who are reported for funding through the
2972	Workforce DevelopmentEducation Fund, except that college credit
2973	fees for the community colleges are governed by s. 1009.23.
2974	(3)(a) The Commissioner of Education shall provide to the
2975	State Board of Education no later than December 31 of each year
2976	a schedule of fees for workforce developmenteducation,
2977	excluding continuing workforce education, for school districts
2978	and community colleges. The fee schedule shall be based on the
2979	amount of student fees necessary to produce 25 percent of the
2980	prior year's average cost of a course of study leading to a
2981	certificate or diploma. Except as otherwise provided by law,
2982	fees for students who are not residents for tuition purposes
2983	must offset the full cost of instruction. Fee-nonexempt students
2984	enrolled in vocational-preparatory instruction shall be charged
2985	fees equal to the fees charged for certificate career education
2986	instruction. Each community college that conducts college-
2987	preparatory and vocational-preparatory instruction in the same
2988	class section may charge a single fee for both types of
2989	instruction.
2990	(5) Each district school board and community college board
2991	of trustees may establish a separate fee for financial aid
2992	purposes in an additional amount of up to 10 percent of the
2993	student fees collected for workforce development programs funded
2994	through the Workforce DevelopmentEducation Fund. All fees
2995	collected shall be deposited into a separate workforce
2996	development student financial aid fee trust fund of the school
2997	district or community college to support students enrolled in
2998	workforce development programs. Any undisbursed balance
2999	remaining in the trust fund and interest income accruing to
3000	investments from the trust fund shall increase the total funds
3001	available for distribution to workforce developmenteducation
3002	students. Awards shall be based on student financial need and
3003	distributed in accordance with a nationally recognized system of
3004	need analysis approved by the State Board of Education. Fees
3005	collected pursuant to this subsection shall be allocated in an
3006	expeditious manner.
3007	(12) Any school district or community college that reports
3008	students who have not paid fees in an approved manner in
3009	calculations of full-time equivalent enrollments for state
3010	funding purposes shall be penalized at a rate equal to 2 times
3011	the value of such enrollments. Such penalty shall be charged
3012	against the following year's allocation from the Florida
3013	Workforce DevelopmentEducation Fund or the Community College
3014	Program Fund and shall revert to the General Revenue Fund. The
3015	State Board of Education shall specify, in rule, approved
3016	methods of student fee payment. Such methods must include, but
3017	need not be limited to, student fee payment; payment through
3018	federal, state, or institutional financial aid; and employer fee
3019	payments.
3020	(13) Each school district and community college shall
3021	report only those students who have actually enrolled in
3022	instruction provided or supervised by instructional personnel
3023	under contract with the district or community college in
3024	calculations of actual full-time enrollments for state funding
3025	purposes. A student who has been exempted from taking a course
3026	or who has been granted academic or technical credit through
3027	means other than actual coursework completed at the granting
3028	institution may not be calculated for enrollment in the course
3029	from which the student has been exempted or for which the
3030	student has been granted credit. School districts and community
3031	colleges that report enrollments in violation of this subsection
3032	shall be penalized at a rate equal to 2 times the value of such
3033	enrollments. Such penalty shall be charged against the following
3034	year's allocation from the Workforce DevelopmentEducation Fund
3035	and shall revert to the General Revenue Fund.
3036	Section 93. Subsections (1) and (2) of section 1009.25,
3037	Florida Statutes, are amended to read:
3038	1009.25 Fee exemptions.--
3039	(1) The following students are exempt from any requirement
3040	for the payment of tuition and fees, including lab fees, for
3041	adult basic, adult secondary, or career-preparatoryvocational-
3042	preparatoryinstruction:
3043	(a) A student who does not have a high school diploma or
3044	its equivalent.
3045	(b) A student who has a high school diploma or its
3046	equivalent and who has academic skills at or below the eighth
3047	grade level pursuant to state board rule. A student is eligible
3048	for this exemption from fees if the student's skills are at or
3049	below the eighth grade level as measured by a test administered
3050	in the English language and approved by the Department of
3051	Education, even if the student has skills above that level when
3052	tested in the student's native language.
3053	(2) The following students are exempt from the payment of
3054	tuition and fees, including lab fees, at a school district that
3055	provides postsecondary career and technicalprograms, community
3056	college, or state university:
3057	(a) A student enrolled in a dual enrollment or early
3058	admission program pursuant to s. 1007.27 or s. 1007.271.
3059	(b) A student enrolled in an approved apprenticeship
3060	program, as defined in s. 446.021.
3061	(c) A student to whom the state has awarded a Road-to-
3062	Independence Scholarship, or who is or was at the time he or she
3063	reached 18 years of age in the custody of a relative under s.
3064	39.5085, or who is adopted from the Department of Children and
3065	Family Services after May 5, 1997. Such exemption includes fees
3066	associated with enrollment in career-preparatoryvocational-
3067	preparatoryinstruction and completion of the college-level
3068	communication and computation skills testing program. Such an
3069	exemption is available to any student who was in the custody of
3070	a relative under s. 39.5085 at the time he or she reached 18
3071	years of age or was adopted from the Department of Children and
3072	Family Services after May 5, 1997; however, the exemption
3073	remains valid for no more than 4 years after the date of
3074	graduation from high school.
3075	(d) A student enrolled in an employment and training
3076	program under the welfare transition program. The regional
3077	workforce board shall pay the state university, community
3078	college, or school district for costs incurred for welfare
3079	transition program participants.
3080	(e) A student who lacks a fixed, regular, and adequate
3081	nighttime residence or whose primary nighttime residence is a
3082	public or private shelter designed to provide temporary
3083	residence for individuals intended to be institutionalized, or a
3084	public or private place not designed for, or ordinarily used as,
3085	a regular sleeping accommodation for human beings.
3086	(f) A student who is a proprietor, owner, or worker of a
3087	company whose business has been at least 50 percent negatively
3088	financially impacted by the buy-out of property around Lake
3089	Apopka by the State of Florida. Such a student may receive a fee
3090	exemption only if the student has not received compensation
3091	because of the buy-out, the student is designated a Florida
3092	resident for tuition purposes, pursuant to s. 1009.21, and the
3093	student has applied for and been denied financial aid, pursuant
3094	to s. 1009.40, which would have provided, at a minimum, payment
3095	of all student fees. The student is responsible for providing
3096	evidence to the postsecondary education institution verifying
3097	that the conditions of this paragraph have been met, including
3098	support documentation provided by the Department of Revenue. The
3099	student must be currently enrolled in, or begin coursework
3100	within, a program area by fall semester 2000. The exemption is
3101	valid for a period of 4 years from the date that the
3102	postsecondary education institution confirms that the conditions
3103	of this paragraph have been met.
3104	Section 94. Paragraph (a) of subsection (1) of section
3105	1009.40, Florida Statutes, is amended to read:
3106	1009.40 General requirements for student eligibility for
3107	state financial aid.--
3108	(1)(a) The general requirements for eligibility of
3109	students for state financial aid awards consist of the
3110	following:
3111	1. Achievement of the academic requirements of and
3112	acceptance at a state university or community college; a nursing
3113	diploma school approved by the Florida Board of Nursing; a
3114	Florida college, university, or community college which is
3115	accredited by an accrediting agency recognized by the State
3116	Board of Education; any Florida institution the credits of which
3117	are acceptable for transfer to state universities; any career
3118	institutetechnical center; or any private careertechnical
3119	institution accredited by an accrediting agency recognized by
3120	the State Board of Education.
3121	2. Residency in this state for no less than 1 year
3122	preceding the award of aid for a program established pursuant to
3123	s. 1009.50, s. 1009.51, s. 1009.52, s. 1009.53, s. 1009.54, s.
3124	1009.56, s. 1009.57, s. 1009.60, s. 1009.62, s. 1009.63, s.
3125	1009.68, s. 1009.72, s. 1009.73, s. 1009.76, s. 1009.77, or s.
3126	1009.89. Residency in this state must be for purposes other than
3127	to obtain an education. Resident status for purposes of
3128	receiving state financial aid awards shall be determined in the
3129	same manner as resident status for tuition purposes pursuant to
3130	s. 1009.21 and rules of the State Board of Education.
3131	3. Submission of certification attesting to the accuracy,
3132	completeness, and correctness of information provided to
3133	demonstrate a student's eligibility to receive state financial
3134	aid awards. Falsification of such information shall result in
3135	the denial of any pending application and revocation of any
3136	award currently held to the extent that no further payments
3137	shall be made. Additionally, students who knowingly make false
3138	statements in order to receive state financial aid awards shall
3139	be guilty of a misdemeanor of the second degree subject to the
3140	provisions of s. 837.06 and shall be required to return all
3141	state financial aid awards wrongfully obtained.
3142	Section 95. Subsection (2) of section 1009.532, Florida
3143	Statutes, is amended to read:
3144	1009.532 Florida Bright Futures Scholarship Program;
3145	student eligibility requirements for renewal awards.--
3146	(2) A student who is enrolled in a program that terminates
3147	in an associate degree or a baccalaureate degree may receive an
3148	award for a maximum of 110 percent of the number of credit hours
3149	required to complete the program. A student who is enrolled in a
3150	program that terminates in a careertechnicalcertificate may
3151	receive an award for a maximum of 110 percent of the credit
3152	hours or clock hours required to complete the program up to 90
3153	credit hours. A student who transfers from one of these program
3154	levels to another becomes eligible for the higher of the two
3155	credit hour limits.
3156	Section 96. Subsection (1) of section 1009.533, Florida
3157	Statutes, is amended to read:
3158	1009.533 Florida Bright Futures Scholarship Program;
3159	eligible postsecondary education institutions.--A student is
3160	eligible for an award or the renewal of an award from the
3161	Florida Bright Futures Scholarship Program if the student meets
3162	the requirements for the program as described in this act and is
3163	enrolled in a postsecondary education institution that meets the
3164	description in any one of the following subsections:
3165	(1) A Florida public university, community college, or
3166	career institutetechnical center.
3167	Section 97. Section 1009.536, Florida Statutes, is amended
3168	to read:
3169	1009.536 Florida Gold Seal Vocational Scholars award.--The
3170	Florida Gold Seal Vocational Scholars award is created within
3171	the Florida Bright Futures Scholarship Program to recognize and
3172	reward academic achievement and career and technicalpreparation
3173	by high school students who wish to continue their education.
3174	(1) A student is eligible for a Florida Gold Seal
3175	Vocational Scholars award if the student meets the general
3176	eligibility requirements for the Florida Bright Futures
3177	Scholarship Program and the student:
3178	(a) Completes the secondary school portion of a sequential
3179	program of studies that requires at least three secondary school
3180	career and technicalcredits taken over at least 2 academic
3181	years, and is continued in a planned, related postsecondary
3182	education program. If the student's school does not offer such a
3183	two-plus-two or tech-prep program, the student must complete a
3184	job-preparatory career education program selected by the
3185	Workforce Estimating Conference or Workforce Florida, Inc., for
3186	its ability to provide high-wage employment in an occupation
3187	with high potential for employment opportunities. On-the-job
3188	training may not be substituted for any of the three required
3189	career and technicalcredits.
3190	(b) Demonstrates readiness for postsecondary education by
3191	earning a passing score on the Florida College Entry Level
3192	Placement Test or its equivalent as identified by the Department
3193	of Education.
3194	(c) Earns a minimum cumulative weighted grade point
3195	average of 3.0, as calculated pursuant to s. 1009.531, on all
3196	subjects required for a standard high school diploma, excluding
3197	elective courses.
3198	(d) Earns a minimum unweighted grade point average of 3.5
3199	on a 4.0 scale for secondary career and technical courses
3200	comprising the career and technicalprogram.
3201	(2) A Florida Gold Seal Vocational Scholar is eligible for
3202	an award equal to the amount required to pay 75 percent of
3203	tuition and fees, if the student is enrolled in a public
3204	postsecondary education institution. A student who is enrolled
3205	in a nonpublic postsecondary education institution is eligible
3206	for an award equal to the amount that would be required to pay
3207	75 percent of the tuition and mandatory fees of a public
3208	postsecondary education institution at the comparable level.
3209	(3) To be eligible for a renewal award as a Florida Gold
3210	Seal Vocational Scholar, a student must maintain the equivalent
3211	of a cumulative grade point average of 2.75 on a 4.0 scale with
3212	an opportunity for reinstatement one time as provided in this
3213	chapter.
3214	(4) A student may earn a Florida Gold Seal Vocational
3215	Scholarship for 110 percent of the number of credit hours
3216	required to complete the program, up to 90 credit hours or the
3217	equivalent. A Florida Gold Seal Scholar who has a cumulative
3218	grade point average of 2.75 in all postsecondary education work
3219	attempted may apply for a Florida Medallion Scholars award at
3220	any renewal period. All other provisions of that program apply,
3221	and the credit-hour limitation must be calculated by subtracting
3222	from the student's total eligibility the number of credit hours
3223	the student attempted while earning the Gold Seal Vocational
3224	Scholarship.
3225	Section 98. Paragraph (d) of subsection (2) and paragraph
3226	(c) of subsection (3) of section 1009.55, Florida Statutes, are
3227	amended to read:
3228	1009.55 Rosewood Family Scholarship Program.--
3229	(2) The Rosewood Family Scholarship Program shall be
3230	administered by the Department of Education. The State Board of
3231	Education shall adopt rules for administering this program which
3232	shall at a minimum provide for the following:
3233	(d) Payment of an award shall be transmitted in advance of
3234	the registration period each semester on behalf of the student
3235	to the president of the university or community college, or his
3236	or her representative, or to the director of the career
3237	institute technical schoolwhich the recipient is attending.
3238	(3) Beginning with the 1994-1995 academic year, the
3239	department is authorized to make awards for undergraduate study
3240	to students who:
3241	(c) Enroll as certificate-seeking or degree-seeking
3242	students at a state university, community college, or career
3243	institutetechnical schoolauthorized by law.
3244	Section 99. Paragraph (c) of subsection (1) of section
3245	1009.61, Florida Statutes, is amended to read:
3246	1009.61 Teacher/Quest Scholarship Program.--The
3247	Teacher/Quest Scholarship Program is created for the purpose of
3248	providing teachers with the opportunity to enhance their
3249	knowledge of science, mathematics, and computer applications in
3250	business, industry, and government. A school district or
3251	developmental research school may propose that one or more
3252	teachers be granted a Teacher/Quest Scholarship by submitting to
3253	the Department of Education:
3254	(1) A project proposal specifying activities a teacher
3255	will carry out to improve his or her:
3256	(c) Knowledge of career and technicalrequirements for
3257	competency in mathematics, science, and computing; and
3258	Section 100. Subsection (4) and paragraph (a) of
3259	subsection (6) of section 1009.64, Florida Statutes, are amended
3260	to read:
3261	1009.64 Certified Education Paraprofessional Welfare
3262	Transition Program.--
3263	(4) The agencies shall complete an implementation plan
3264	that addresses at least the following recommended components of
3265	the program:
3266	(a) A method of selecting participants. The method must
3267	not duplicate services provided by those assigned to screen
3268	participants of the welfare transition program, but must assure
3269	that screening personnel are trained to identify recipients of
3270	public assistance whose personal aptitudes and motivation make
3271	them most likely to succeed in the program and advance in a
3272	career related to the school community.
3273	(b) A budget for use of incentive funding to provide
3274	motivation to participants to succeed and excel. The budget for
3275	incentive funding includes:
3276	1. Funds allocated by the Legislature directly for the
3277	program.
3278	2. Funds that may be made available from the federal
3279	Workforce Investment Act based on client eligibility or
3280	requested waivers to make the clients eligible.
3281	3. Funds made available by implementation strategies that
3282	would make maximum use of work supplementation funds authorized
3283	by federal law.
3284	4. Funds authorized by strategies to lengthen
3285	participants' eligibility for federal programs such as Medicaid,
3286	subsidized child care, and transportation.
3287
3288	Incentives may include a stipend during periods of college
3289	classroom training, a bonus and recognition for a high grade-
3290	point average, child care and prekindergarten services for
3291	children of participants, and services to increase a
3292	participant's ability to advance to higher levels of employment.
3293	Nonfinancial incentives should include providing a mentor or
3294	tutor, and service incentives should continue and increase for
3295	any participant who plans to complete the baccalaureate degree
3296	and become a certified teacher. Services may be provided in
3297	accordance with family choice by community colleges and school
3298	district career institutestechnical centers, through family
3299	service centers and full-service schools, or under contract with
3300	providers through central agencies.
3301	(6)(a) A community college or school district career
3302	institutetechnical centeris eligible to participate if it
3303	provides a careertechnicalcertificate program in Child
3304	Development Early Intervention as approved by Workforce Florida,
3305	Inc. Priority programs provide an option and incentives to
3306	articulate with an associate in science degree program or a
3307	baccalaureate degree program.
3308	Section 101. Subsection (3) of section 1009.98, Florida
3309	Statutes, is amended to read:
3310	1009.98 Florida Prepaid College Program.--
3311	(3) TRANSFER OF BENEFITS TO PRIVATE AND OUT-OF-STATE
3312	COLLEGES AND UNIVERSITIES AND TO CAREER INSTITUTESAREA
3313	TECHNICAL CENTERS.--A qualified beneficiary may apply the
3314	benefits of an advance payment contract toward:
3315	(a) An independent college or university that is located
3316	and chartered in Florida, that is not for profit, that is
3317	accredited by the Commission on Colleges of the Southern
3318	Association of Colleges and Schools or the Accrediting Council
3319	for Independent Colleges and Schools, and that confers degrees
3320	as defined in s. 1005.02.
3321	(b) An out-of-state college or university that is not for
3322	profit and is accredited by a regional accrediting association,
3323	and that confers degrees.
3324	(c) An applied technology diploma program or career
3325	technicalcertificate program conducted by a community college
3326	listed in s. 1004.02(2) or career institutetechnical center
3327	operated by a district school board.
3328
3329	The board shall transfer or cause to be transferred to the
3330	institution designated by the qualified beneficiary an amount
3331	not to exceed the redemption value of the advance payment
3332	contract at a state postsecondary institution. If the cost of
3333	registration or housing fees at such institution is less than
3334	the corresponding fees at a state postsecondary institution, the
3335	amount transferred may not exceed the actual cost of
3336	registration and housing fees. A transfer authorized under this
3337	subsection may not exceed the number of semester credit hours or
3338	semesters of dormitory residence contracted on behalf of a
3339	qualified beneficiary. Notwithstanding any other provision in
3340	this section, an institution must be an "eligible educational
3341	institution" under s. 529 of the Internal Revenue Code to be
3342	eligible for the transfer of advance payment contract benefits.
3343	Section 102. Paragraph (a) of subsection (3) of section
3344	1010.20, Florida Statutes, is amended to read:
3345	1010.20 Cost accounting and reporting for school
3346	districts.--
3347	(3) PROGRAM EXPENDITURE REQUIREMENTS.--
3348	(a) Each district shall expend at least the percent of the
3349	funds generated by each of the programs listed in this section
3350	on the aggregate total school costs for such programs:
3351	1. Kindergarten and grades 1, 2, and 3, 90 percent.
3352	2. Grades 4, 5, 6, 7, and 8, 80 percent.
3353	3. Grades 9, 10, 11, and 12, 80 percent.
3354	4. Programs for exceptional students, on an aggregate
3355	program basis, 90 percent.
3356	5. Grades 7 through 12 career and technicaleducation
3357	programs, on an aggregate program basis, 80 percent.
3358	6. Students-at-risk programs, on an aggregate program
3359	basis, 80 percent.
3360	7. Juvenile justice programs, on an aggregate program
3361	basis, 80 percent.
3362	8. Any new program established and funded under s.
3363	1011.62(1)(c), that is not included under subparagraphs 1.-6.,
3364	on an aggregate basis as appropriate, 80 percent.
3365	Section 103. Subsection (1) of section 1010.58, Florida
3366	Statutes, is amended to read:
3367	1010.58 Procedure for determining number of instruction
3368	units for community colleges.--The number of instruction units
3369	for community colleges shall be determined from the full-time
3370	equivalent students in the community college, provided that
3371	full-time equivalent students may not be counted more than once
3372	in determining instruction units. Instruction units for
3373	community colleges shall be computed as follows:
3374	(1) One unit for each 12 full-time equivalent students at
3375	a community college for the first 420 students and one unit for
3376	each 15 full-time equivalent students for all over 420 students,
3377	in other than career and technicaleducation programs as defined
3378	by rules of the State Board of Education, and one unit for each
3379	10 full-time equivalent students in career and technical
3380	education programs and compensatory education programs as
3381	defined by rules of the State Board of Education. Full-time
3382	equivalent students enrolled in a community college shall be
3383	defined by rules of the State Board of Education.
3384	Section 104. Paragraphs (c), (d), and (e) of subsection
3385	(1) of section 1011.62, Florida Statutes, are amended to read:
3386	1011.62 Funds for operation of schools.--If the annual
3387	allocation from the Florida Education Finance Program to each
3388	district for operation of schools is not determined in the
3389	annual appropriations act or the substantive bill implementing
3390	the annual appropriations act, it shall be determined as
3391	follows:
3392	(1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
3393	OPERATION.--The following procedure shall be followed in
3394	determining the annual allocation to each district for
3395	operation:
3396	(c) Determination of programs.--Cost factors based on
3397	desired relative cost differences between the following programs
3398	shall be established in the annual General Appropriations Act.
3399	The Commissioner of Education shall specify a matrix of services
3400	and intensity levels to be used by districts in the
3401	determination of the two weighted cost factors for exceptional
3402	students with the highest levels of need. For these students,
3403	the funding support level shall fund the exceptional students'
3404	education program, with the exception of extended school year
3405	services for students with disabilities.
3406	1. Basic programs.--
3407	a. Kindergarten and grades 1, 2, and 3.
3408	b. Grades 4, 5, 6, 7, and 8.
3409	c. Grades 9, 10, 11, and 12.
3410	2. Programs for exceptional students.--
3411	a. Support Level IV.
3412	b. Support Level V.
3413	3. Secondary career and technicaleducation programs.--
3414	4. English for Speakers of Other Languages.--
3415	(d) Annual allocation calculation.--
3416	1. The Department of Education is authorized and directed
3417	to review all district programs and enrollment projections and
3418	calculate a maximum total weighted full-time equivalent student
3419	enrollment for each district for the K-12 FEFP.
3420	2. Maximum enrollments calculated by the department shall
3421	be derived from enrollment estimates used by the Legislature to
3422	calculate the FEFP. If two or more districts enter into an
3423	agreement under the provisions of s. 1001.42(4)(d), after the
3424	final enrollment estimate is agreed upon, the amount of FTE
3425	specified in the agreement, not to exceed the estimate for the
3426	specific program as identified in paragraph (c), may be
3427	transferred from the participating districts to the district
3428	providing the program.
3429	3. As part of its calculation of each district's maximum
3430	total weighted full-time equivalent student enrollment, the
3431	department shall establish separate enrollment ceilings for each
3432	of two program groups. Group 1 shall be composed of basic
3433	programs for grades K-3, grades 4-8, and grades 9-12. Group 2
3434	shall be composed of students in exceptional student education
3435	programs, English for Speakers of Other Languages programs, and
3436	all career and technicalprograms in grades 7-12.
3437	a. The weighted enrollment ceiling for group 2 programs
3438	shall be calculated by multiplying the final enrollment
3439	conference estimate for each program by the appropriate program
3440	weight. The weighted enrollment ceiling for program group 2
3441	shall be the sum of the weighted enrollment ceilings for each
3442	program in the program group, plus the increase in weighted
3443	full-time equivalent student membership from the prior year for
3444	clients of the Department of Children and Family Services and
3445	the Department of Juvenile Justice.
3446	b. If, for any calculation of the FEFP, the weighted
3447	enrollment for program group 2, derived by multiplying actual
3448	enrollments by appropriate program weights, exceeds the
3449	enrollment ceiling for that group, the following procedure shall
3450	be followed to reduce the weighted enrollment for that group to
3451	equal the enrollment ceiling:
3452	(I) The weighted enrollment ceiling for each program in
3453	the program group shall be subtracted from the weighted
3454	enrollment for that program derived from actual enrollments.
3455	(II) If the difference calculated under sub-sub-
3456	subparagraph (I) is greater than zero for any program, a
3457	reduction proportion shall be computed for the program by
3458	dividing the absolute value of the difference by the total
3459	amount by which the weighted enrollment for the program group
3460	exceeds the weighted enrollment ceiling for the program group.
3461	(III) The reduction proportion calculated under sub-sub-
3462	subparagraph (II) shall be multiplied by the total amount of the
3463	program group's enrollment over the ceiling as calculated under
3464	sub-sub-subparagraph (I).
3465	(IV) The prorated reduction amount calculated under sub-
3466	sub-subparagraph (III) shall be subtracted from the program's
3467	weighted enrollment. For any calculation of the FEFP, the
3468	enrollment ceiling for group 1 shall be calculated by
3469	multiplying the actual enrollment for each program in the
3470	program group by its appropriate program weight.
3471	c. For program group 2, the weighted enrollment ceiling
3472	shall be a number not less than the sum obtained by:
3473	(I) Multiplying the sum of reported FTE for all programs
3474	in the program group that have a cost factor of 1.0 or more by
3475	1.0, and
3476	(II) By adding this number to the sum obtained by
3477	multiplying the projected FTE for all programs with a cost
3478	factor less than 1.0 by the actual cost factor.
3479	4. Following completion of the weighted enrollment ceiling
3480	calculation as provided in subparagraph 3., a supplemental
3481	capping calculation shall be employed for those districts that
3482	are over their weighted enrollment ceiling. For each such
3483	district, the total reported unweighted FTE enrollment for group
3484	2 programs shall be compared with the total appropriated
3485	unweighted FTE enrollment for group 2 programs. If the total
3486	reported unweighted FTE for group 2 is greater than the
3487	appropriated unweighted FTE, then the excess unweighted FTE up
3488	to the unweighted FTE transferred from group 2 to group 1 for
3489	each district by the Public School FTE Estimating Conference
3490	shall be funded at a weight of 1.0 and added to the funded
3491	weighted FTE computed in subparagraph 3.
3492	(e) Funding model for exceptional student education
3493	programs.--
3494	1.a. The funding model uses basic, at-risk, support levels
3495	IV and V for exceptional students and career and technical
3496	Florida Education Finance Program cost factors, and a guaranteed
3497	allocation for exceptional student education programs.
3498	Exceptional education cost factors are determined by using a
3499	matrix of services to document the services that each
3500	exceptional student will receive. The nature and intensity of
3501	the services indicated on the matrix shall be consistent with
3502	the services described in each exceptional student's individual
3503	educational plan.
3504	b. In order to generate funds using one of the two
3505	weighted cost factors, a matrix of services must be completed at
3506	the time of the student's initial placement into an exceptional
3507	student education program and at least once every 3 years by
3508	personnel who have received approved training. Nothing listed in
3509	the matrix shall be construed as limiting the services a school
3510	district must provide in order to ensure that exceptional
3511	students are provided a free, appropriate public education.
3512	c. Students identified as exceptional, in accordance with
3513	chapter 6A-6, Florida Administrative Code, who do not have a
3514	matrix of services as specified in sub-subparagraph b. shall
3515	generate funds on the basis of full-time-equivalent student
3516	membership in the Florida Education Finance Program at the same
3517	funding level per student as provided for basic students.
3518	Additional funds for these exceptional students will be provided
3519	through the guaranteed allocation designated in subparagraph 2.
3520	2. For students identified as exceptional who do not have
3521	a matrix of services, there is created a guaranteed allocation
3522	to provide these students with a free appropriate public
3523	education, in accordance with s. 1001.42(4)(m) and rules of the
3524	State Board of Education, which shall be allocated annually to
3525	each school district in the amount provided in the General
3526	Appropriations Act. These funds shall be in addition to the
3527	funds appropriated on the basis of FTE student membership in the
3528	Florida Education Finance Program, and the amount allocated for
3529	each school district shall not be recalculated during the year.
3530	These funds shall be used to provide special education and
3531	related services for exceptional students.
3532	Section 105. Paragraph (d) of subsection (1) of section
3533	1011.68, Florida Statutes, is amended to read:
3534	1011.68 Funds for student transportation.--The annual
3535	allocation to each district for transportation to public school
3536	programs, including charter schools as provided in s.
3537	1002.33(18)(b), of students in membership in kindergarten
3538	through grade 12 and in migrant and exceptional student programs
3539	below kindergarten shall be determined as follows:
3540	(1) Subject to the rules of the State Board of Education,
3541	each district shall determine the membership of students who are
3542	transported:
3543	(d) By reason of being career and technical, dual
3544	enrollment, or students with disabilities transported from one
3545	school center to another to participate in an instructional
3546	program or service; or students with disabilities, transported
3547	from one designation to another in the state, provided one
3548	designation is a school center and provided the student's
3549	individual educational plan (IEP) identifies the need for the
3550	instructional program or service and transportation to be
3551	provided by the school district. A "school center" is defined as
3552	a public school center, community college, state university, or
3553	other facility rented, leased, or owned and operated by the
3554	school district or another public agency. A "dual enrollment
3555	student" is defined as a public school student in membership in
3556	both a public secondary school program and a community college
3557	or a state university program under a written agreement to
3558	partially fulfill ss. 1003.435 and 1007.23 and earning full-time
3559	equivalent membership under s. 1011.62(1)(i).
3560	Section 106. Subsections (1), (2), (4), and (5), paragraph
3561	(a) of subsection (6), and subsections (7) and (9) of section
3562	1011.80, Florida Statutes, are amended to read:
3563	1011.80 Funds for operation of adult careertechnical
3564	education programs.--
3565	(1) As used in this section, the terms "workforce
3566	developmenteducation" and "workforce development program"
3567	include:
3568	(a) Adult general education programs designed to improve
3569	the employability skills of the state's workforce as defined in
3570	s. 1004.02(3)(5).
3571	(b) Career and technicalcertificate programs, as defined
3572	in s. 1004.02(21)(23).
3573	(c) Applied technology diploma programs.
3574	(d) Continuing workforce education courses.
3575	(e) Degree careertechnicaleducation programs.
3576	(f) Apprenticeship and preapprenticeship programs as
3577	defined in s. 446.021.
3578	(2) Any workforce developmenteducation program may be
3579	conducted by a community college or a school district, except
3580	that college credit in an associate in applied science or an
3581	associate in science degree may be awarded only by a community
3582	college. However, if an associate in applied science or an
3583	associate in science degree program contains within it an
3584	occupational completion point that confers a certificate or an
3585	applied technology diploma, that portion of the program may be
3586	conducted by a school district career institutetechnical
3587	center. Any instruction designed to articulate to a degree
3588	program is subject to guidelines and standards adopted by the
3589	State Board of Education pursuant to s. 1007.25.
3590	(4) The Florida Workforce DevelopmentEducation Fund is
3591	created to provide performance-based funding for all workforce
3592	development programs, whether the programs are offered by a
3593	school district or a community college. Funding for all
3594	workforce developmenteducation programs must be from the
3595	Workforce DevelopmentEducation Fund and must be based on cost
3596	categories, performance output measures, and performance outcome
3597	measures.
3598	(a) The cost categories must be calculated to identify
3599	high-cost programs, medium-cost programs, and low-cost programs.
3600	The cost analysis used to calculate and assign a program of
3601	study to a cost category must include at least both direct and
3602	indirect instructional costs, consumable supplies, equipment,
3603	and standard program length.
3604	(b)1. The performance output measure for career and
3605	technicaleducation programs of study is student completion of a
3606	career and technicalprogram of study that leads to an
3607	occupational completion point associated with a certificate; an
3608	apprenticeship program; or a program that leads to an applied
3609	technology diploma or an associate in applied science or
3610	associate in science degree. Performance output measures for
3611	registered apprenticeship programs shall be based on program
3612	lengths that coincide with lengths established pursuant to the
3613	requirements of chapter 446.
3614	2. The performance output measure for an adult general
3615	education course of study is measurable improvement in student
3616	skills. This measure shall include improvement in literacy
3617	skills, grade level improvement as measured by an approved test,
3618	or attainment of a State of Florida diploma or an adult high
3619	school diploma.
3620	(c) The performance outcome measures for programs funded
3621	through the Workforce DevelopmentEducation Fund are associated
3622	with placement and retention of students after reaching a
3623	completion point or completing a program of study. These
3624	measures include placement or retention in employment that is
3625	related to the program of study; placement into or retention in
3626	employment in an occupation on the Workforce Estimating
3627	Conference list of high-wage, high-skill occupations with
3628	sufficient openings, or other High Wage/High Skill Program
3629	occupations as determined by Workforce Florida, Inc.; and
3630	placement and retention of participants or former participants
3631	in the welfare transition program in employment. Continuing
3632	postsecondary education at a level that will further enhance
3633	employment is a performance outcome for adult general education
3634	programs. Placement and retention must be reported pursuant to
3635	ss. 1008.39 and 1008.43.
3636	(5) State funding and student fees for workforce
3637	development instruction funded through the Workforce Development
3638	Education Fund shall be established as follows:
3639	(a) For a continuing workforce education course, state
3640	funding shall equal 50 percent of the cost of instruction, with
3641	student fees, business support, quick-response training funds,
3642	or other means making up the remaining 50 percent.
3643	(b) For all other workforce developmenteducation funded
3644	through the Workforce DevelopmentEducation Fund, state funding
3645	shall equal 75 percent of the average cost of instruction with
3646	the remaining 25 percent made up from student fees. Fees for
3647	courses within a program shall not vary according to the cost of
3648	the individual program, but instead shall be based on a uniform
3649	fee calculated and set at the state level, as adopted by the
3650	State Board of Education, unless otherwise specified in the
3651	General Appropriations Act.
3652	(c) For fee-exempt students pursuant to s. 1009.25, unless
3653	otherwise provided for in law, state funding shall equal 100
3654	percent of the average cost of instruction.
3655	(6)(a) A school district or a community college that
3656	provides workforce developmenteducation funded through the
3657	Workforce DevelopmentEducation Fund shall receive funds in
3658	accordance with distributions for base and performance funding
3659	established by the Legislature in the General Appropriations
3660	Act, pursuant to the following conditions:
3661	1. Base funding shall not exceed 85 percent of the current
3662	fiscal year total Workforce DevelopmentEducation Fund
3663	allocation, which shall be distributed by the Legislature in the
3664	General Appropriations Act based on a maximum of 85 percent of
3665	the institution's prior year total allocation from base and
3666	performance funds.
3667	2. Performance funding shall be at least 15 percent of the
3668	current fiscal year total Workforce DevelopmentEducation Fund
3669	allocation, which shall be distributed by the Legislature in the
3670	General Appropriations Act based on the previous fiscal year's
3671	achievement of output and outcomes in accordance with formulas
3672	adopted pursuant to subsection (9). Performance funding must
3673	incorporate payments for at least three levels of placements
3674	that reflect wages and workforce demand. Payments for
3675	completions must not exceed 60 percent of the payments for
3676	placement. School districts and community colleges shall be
3677	awarded funds pursuant to this paragraph based on performance
3678	output data and performance outcome data available in that year.
3679	3. If a local educational agency achieves a level of
3680	performance sufficient to generate a full allocation as
3681	authorized by the workforce educationdevelopmentfunding
3682	formula, the agency may earn performance incentive funds as
3683	appropriated for that purpose in a General Appropriations Act.
3684	If performance incentive funds are funded and awarded, these
3685	funds must be added to the local educational agency's prior year
3686	total allocation from the Workforce DevelopmentEducation Fund
3687	and shall be used to calculate the following year's base
3688	funding.
3689	(7) A school district or community college that earns
3690	performance funding must use the money to benefit the
3691	postsecondary adult and careertechnicaleducation programs it
3692	provides. The money may be used for equipment upgrades, program
3693	expansions, or any other use that would result in workforce
3694	development program improvement. The district school board or
3695	community college board of trustees may not withhold any portion
3696	of the performance funding for indirect costs. Notwithstanding
3697	s. 216.351, funds awarded pursuant to this section may be
3698	carried across fiscal years and shall not revert to any other
3699	fund maintained by the district school board or community
3700	college board of trustees.
3701	(9) A high school student dually enrolled under s.
3702	1007.271 in a workforce development program funded through the
3703	Workforce DevelopmentEducation Fund and operated by a community
3704	college or school district career institutetechnical center
3705	generates the amount calculated by the Workforce Development
3706	Education Fund, including any payment of performance funding,
3707	and the proportional share of full-time equivalent enrollment
3708	generated through the Florida Education Finance Program for the
3709	student's enrollment in a high school. If a high school student
3710	is dually enrolled in a community college program, including a
3711	program conducted at a high school, the community college earns
3712	the funds generated through the Workforce DevelopmentEducation
3713	Fund and the school district earns the proportional share of
3714	full-time equivalent funding from the Florida Education Finance
3715	Program. If a student is dually enrolled in a career institute
3716	technical centeroperated by the same district as the district
3717	in which the student attends high school, that district earns
3718	the funds generated through the Workforce DevelopmentEducation
3719	Fund and also earns the proportional share of full-time
3720	equivalent funding from the Florida Education Finance Program.
3721	If a student is dually enrolled in a workforce development
3722	program provided by a career institutetechnical centeroperated
3723	by a different school district, the funds must be divided
3724	between the two school districts proportionally from the two
3725	funding sources. A student may not be reported for funding in a
3726	dual enrollment workforce development program unless the student
3727	has completed the basic skills assessment pursuant to s.
3728	1004.91.
3729	Section 107. Section 1011.83, Florida Statutes, is amended
3730	to read:
3731	1011.83 Financial support of community colleges.--Each
3732	community college that has been approved by the Department of
3733	Education and meets the requirements of law and rules of the
3734	State Board of Education shall participate in the Community
3735	College Program Fund. However, funds to support workforce
3736	development programs conducted by community colleges shall be
3737	provided by the Workforce DevelopmentEducation Fund pursuant to
3738	s. 1011.80.
3739	Section 108. Paragraph (a) of subsection (2), subsection
3740	(3), and paragraph (b) of subsection (6) of section 1012.01,
3741	Florida Statutes, are amended to read:
3742	1012.01 Definitions.--Specific definitions shall be as
3743	follows, and wherever such defined words or terms are used in
3744	the Florida K-20 Education Code, they shall be used as follows:
3745	(2) INSTRUCTIONAL PERSONNEL.--"Instructional personnel"
3746	means any staff member whose function includes the provision of
3747	direct instructional services to students. Instructional
3748	personnel also includes personnel whose functions provide direct
3749	support in the learning process of students. Included in the
3750	classification of instructional personnel are:
3751	(a) Classroom teachers.--Classroom teachers are staff
3752	members assigned the professional activity of instructing
3753	students in courses in classroom situations, including basic
3754	instruction, exceptional student education, career and technical
3755	education, and adult education, including substitute teachers.
3756	(3) ADMINISTRATIVE PERSONNEL.--"Administrative personnel"
3757	includes personnel who perform management activities such as
3758	developing broad policies for the school district and executing
3759	those policies through the direction of personnel at all levels
3760	within the district. Administrative personnel are generally
3761	high-level, responsible personnel who have been assigned the
3762	responsibilities of systemwide or schoolwide functions, such as
3763	district school superintendents, assistant superintendents,
3764	deputy superintendents, school principals, assistant principals,
3765	career institutetechnical centerdirectors, and others who
3766	perform management activities. Broad classifications of
3767	administrative personnel are as follows:
3768	(a) District-based instructional administrators.--Included
3769	in this classification are persons with district-level
3770	administrative or policymaking duties who have broad authority
3771	for management policies and general school district operations
3772	related to the instructional program. Such personnel often
3773	report directly to the district school superintendent and
3774	supervise other administrative employees. This classification
3775	includes assistant, associate, or deputy superintendents and
3776	directors of major instructional areas, such as curriculum,
3777	federal programs such as Title I, specialized instructional
3778	program areas such as exceptional student education, career and
3779	technicaleducation, and similar areas.
3780	(b) District-based noninstructional
3781	administrators.--Included in this classification are persons
3782	with district-level administrative or policymaking duties who
3783	have broad authority for management policies and general school
3784	district operations related to the noninstructional program.
3785	Such personnel often report directly to the district school
3786	superintendent and supervise other administrative employees.
3787	This classification includes assistant, associate, or deputy
3788	superintendents and directors of major noninstructional areas,
3789	such as personnel, construction, facilities, transportation,
3790	data processing, and finance.
3791	(c) School administrators.--Included in this
3792	classification are:
3793	1. School principals or school directors who are staff
3794	members performing the assigned activities as the administrative
3795	head of a school and to whom have been delegated responsibility
3796	for the coordination and administrative direction of the
3797	instructional and noninstructional activities of the school.
3798	This classification also includes career institutetechnical
3799	centerdirectors.
3800	2. Assistant principals who are staff members assisting
3801	the administrative head of the school. This classification also
3802	includes assistant principals for curriculum and administration.
3803	(6) EDUCATIONAL SUPPORT EMPLOYEES.--"Educational support
3804	employees" means employees whose job functions are neither
3805	administrative nor instructional, yet whose work supports the
3806	educational process.
3807	(b) Technicians are individuals whose occupations require
3808	a combination of knowledge and manual skill which can be
3809	obtained through about 2 years of post-high school education,
3810	such as is offered in many careertechnicalinstitutes and
3811	community colleges, or through equivalent on-the-job training.
3812	Section 109. Paragraph (c) of subsection (1) of section
3813	1012.39, Florida Statutes, is amended to read:
3814	1012.39 Employment of substitute teachers, teachers of
3815	adult education, nondegreed teachers of career education, and
3816	career specialists; students performing clinical field
3817	experience.--
3818	(1) Notwithstanding ss. 1012.32, 1012.55, 1012.56, and
3819	1012.57, or any other provision of law or rule to the contrary,
3820	each district school board shall establish the minimal
3821	qualifications for:
3822	(c) Part-time and full-time nondegreed teachers of career
3823	and technicalprograms. Qualifications shall be established for
3824	agriculture, business, health occupations, family and consumer
3825	sciences, industrial, marketing, career specialist, and public
3826	service education teachers, based primarily on successful
3827	occupational experience rather than academic training. The
3828	qualifications for such teachers shall require:
3829	1. The filing of a complete set of fingerprints in the
3830	same manner as required by s. 1012.32. Faculty employed solely
3831	to conduct postsecondary instruction may be exempted from this
3832	requirement.
3833	2. Documentation of education and successful occupational
3834	experience including documentation of:
3835	a. A high school diploma or the equivalent.
3836	b. Completion of 6 years of full-time successful
3837	occupational experience or the equivalent of part-time
3838	experience in the teaching specialization area. Alternate means
3839	of determining successful occupational experience may be
3840	established by the district school board.
3841	c. Completion of career education training conducted
3842	through the local school district inservice master plan.
3843	d. For full-time teachers, completion of professional
3844	education training in teaching methods, course construction,
3845	lesson planning and evaluation, and teaching special needs
3846	students. This training may be completed through coursework from
3847	an accredited or approved institution or an approved district
3848	teacher education program.
3849	e. Demonstration of successful teaching performance.
3850	Section 110. Section 1012.41, Florida Statutes, is amended
3851	to read:
3852	1012.41 Employment of directors of career and technical
3853	education.--In order to receive state funding, each district
3854	school board that employs at least 15 full-time equivalent
3855	career and technical teachers must employ a director of career
3856	and technicaleducation who meets the certification requirements
3857	established by the State Board of Education. The directors shall
3858	be directly accountable to the district school superintendent,
3859	or his or her designee, for the planning and implementation of
3860	career and technicalprograms. Two or more district school
3861	boards may employ a single director.
3862	Section 111. Section 1012.43, Florida Statutes, is amended
3863	to read:
3864	1012.43 Career and technicalteachers.--
3865	(1) Career and technicalteachers and other teachers who
3866	qualify for certificates on the basis of nonacademic preparation
3867	shall be entitled to all the contractual rights and privileges
3868	now granted to other instructional personnel holding equivalent
3869	certificates.
3870	(2) A holder of a certificate based on nonacademic
3871	preparation which entitled him or her to employment to teach
3872	classes in career and technicalor adult education shall not be
3873	assigned to teach in a regular academic field of the
3874	kindergarten through grade 12 school program.
3875	Section 112. Paragraph (a) of subsection (10) of section
3876	1013.03, Florida Statutes, is amended to read:
3877	1013.03 Functions of the department.--The functions of the
3878	Department of Education as it pertains to educational facilities
3879	shall include, but not be limited to, the following:
3880	(10)(a) Review and validate surveys proposed or amended by
3881	the boards and recommend to the Commissioner of Education, for
3882	approval, surveys that meet the requirements of this chapter.
3883	1. The term "validate" as applied to surveys by school
3884	districts means to review inventory data as submitted to the
3885	department by district school boards; provide for review and
3886	inspection, where required, of student stations and aggregate
3887	square feet of inventory changed from satisfactory to
3888	unsatisfactory or changed from unsatisfactory to satisfactory;
3889	compare new school inventory to allocation limits provided by
3890	this chapter; review cost projections for conformity with cost
3891	limits set by s. 1013.64(6); compare total capital outlay full-
3892	time equivalent enrollment projections in the survey with the
3893	department's projections; review facilities lists to verify that
3894	student station and auxiliary facility space allocations do not
3895	exceed the limits provided by this chapter and related rules;
3896	review and confirm the application of uniform facility
3897	utilization factors, where provided by this chapter or related
3898	rules; utilize the documentation of programs offered per site,
3899	as submitted by the board, to analyze facility needs; confirm
3900	that need projections for career and technicaland adult
3901	educational programs comply with needs documented by the Office
3902	of Workforce and Economic Development; and confirm the
3903	assignment of full-time student stations to all space except
3904	auxiliary facilities, which, for purposes of exemption from
3905	student station assignment, include the following:
3906	a. Cafeterias.
3907	b. Multipurpose dining areas.
3908	c. Media centers.
3909	d. Auditoriums.
3910	e. Administration.
3911	f. Elementary, middle, and high school resource rooms, up
3912	to the number of such rooms recommended for the applicable
3913	occupant and space design capacity of the educational plant in
3914	the State Requirements for Educational Facilities, beyond which
3915	student stations must be assigned.
3916	g. Elementary school skills labs, up to the number of such
3917	rooms recommended for the applicable occupant and space design
3918	capacity of the educational plant in the State Requirements for
3919	Educational Facilities, beyond which student stations must be
3920	assigned.
3921	h. Elementary school art and music rooms.
3922	2. The term "validate" as applied to surveys by community
3923	colleges and universities means to review and document the
3924	approval of each new site and official designation, where
3925	applicable; review the inventory database as submitted by each
3926	board to the department, including noncareer and technical, and
3927	total capital outlay full-time equivalent enrollment projections
3928	per site and per college; provide for the review and inspection,
3929	where required, of student stations and aggregate square feet of
3930	space changed from satisfactory to unsatisfactory; utilize and
3931	review the documentation of programs offered per site submitted
3932	by the boards as accurate for analysis of space requirements and
3933	needs; confirm that needs projected for career and technicaland
3934	adult educational programs comply with needs documented by the
3935	Office of Workforce and Economic Development; compare new
3936	facility inventory to allocations limits as provided in this
3937	chapter; review cost projections for conformity with state
3938	averages or limits designated by this chapter; compare student
3939	enrollment projections in the survey to the department's
3940	projections; review facilities lists to verify that area
3941	allocations and space factors for generating space needs do not
3942	exceed the limits as provided by this chapter and related rules;
3943	confirm the application of facility utilization factors as
3944	provided by this chapter and related rules; and review, as
3945	submitted, documentation of how survey recommendations will
3946	implement the detail of current campus master plans and
3947	integrate with local comprehensive plans and development
3948	regulations.
3949	Section 113. Paragraph (b) of subsection (1) of section
3950	1013.31, Florida Statutes, is amended to read:
3951	1013.31 Educational plant survey; localized need
3952	assessment; PECO project funding.--
3953	(1) At least every 5 years, each board shall arrange for
3954	an educational plant survey, to aid in formulating plans for
3955	housing the educational program and student population, faculty,
3956	administrators, staff, and auxiliary and ancillary services of
3957	the district or campus, including consideration of the local
3958	comprehensive plan. The Office of Workforce and Economic
3959	Development shall document the need for additional career and
3960	adult education programs and the continuation of existing
3961	programs before facility construction or renovation related to
3962	career or adult education may be included in the educational
3963	plant survey of a school district or community college that
3964	delivers career or adult education programs. Information used by
3965	the Office of Workforce and Economic Development to establish
3966	facility needs must include, but need not be limited to, labor
3967	market data, needs analysis, and information submitted by the
3968	school district or community college.
3969	(b) Required need assessment criteria for district,
3970	community college, college and state university plant
3971	surveys.--Educational plant surveys must use uniform data
3972	sources and criteria specified in this paragraph. Each revised
3973	educational plant survey and each new educational plant survey
3974	supersedes previous surveys.
3975	1. The school district's survey must be submitted as a
3976	part of the district educational facilities plan defined in s.
3977	1013.35. To ensure that the data reported to the Department of
3978	Education as required by this section is correct, the department
3979	shall annually conduct an onsite review of 5 percent of the
3980	facilities reported for each school district completing a new
3981	survey that year. If the department's review finds the data
3982	reported by a district is less than 95 percent accurate, within
3983	1 year from the time of notification by the department the
3984	district must submit revised reports correcting its data. If a
3985	district fails to correct its reports, the commissioner may
3986	direct that future fixed capital outlay funds be withheld until
3987	such time as the district has corrected its reports so that they
3988	are not less than 95 percent accurate.
3989	2. Each survey of a special facility, joint-use facility,
3990	or cooperative career and technicaleducation facility must be
3991	based on capital outlay full-time equivalent student enrollment
3992	data prepared by the department for school districts, community
3993	colleges, colleges, and universities. A survey of space needs of
3994	a joint-use facility shall be based upon the respective space
3995	needs of the school districts, community colleges, colleges, and
3996	universities, as appropriate. Projections of a school district's
3997	facility space needs may not exceed the norm space and occupant
3998	design criteria established by the State Requirements for
3999	Educational Facilities.
4000	3. Each community college's survey must reflect the
4001	capacity of existing facilities as specified in the inventory
4002	maintained by the Department of Education. Projections of
4003	facility space needs must comply with standards for determining
4004	space needs as specified by rule of the State Board of
4005	Education. The 5-year projection of capital outlay student
4006	enrollment must be consistent with the annual report of capital
4007	outlay full-time student enrollment prepared by the Department
4008	of Education.
4009	4. Each college and state university's survey must reflect
4010	the capacity of existing facilities as specified in the
4011	inventory maintained and validated by the Division of Colleges
4012	and Universities. Projections of facility space needs must be
4013	consistent with standards for determining space needs approved
4014	by the Division of Colleges and Universities. The projected
4015	capital outlay full-time equivalent student enrollment must be
4016	consistent with the 5-year planned enrollment cycle for the
4017	State University System approved by the Division of Colleges and
4018	Universities.
4019	5. The district educational facilities plan of a school
4020	district and the educational plant survey of a community
4021	college, or college or state university may include space needs
4022	that deviate from approved standards for determining space needs
4023	if the deviation is justified by the district or institution and
4024	approved by the department, as necessary for the delivery of an
4025	approved educational program.
4026	Section 114. Paragraph (a) of subsection (3) of section
4027	1013.64, Florida Statutes, is amended to read:
4028	1013.64 Funds for comprehensive educational plant needs;
4029	construction cost maximums for school district capital
4030	projects.--Allocations from the Public Education Capital Outlay
4031	and Debt Service Trust Fund to the various boards for capital
4032	outlay projects shall be determined as follows:
4033	(3)(a) Each district school board shall receive an amount
4034	from the Public Education Capital Outlay and Debt Service Trust
4035	Fund to be calculated by computing the capital outlay full-time
4036	equivalent membership as determined by the department. Such
4037	membership must include, but is not limited to:
4038	1. K-12 students, except hospital and homebound part-time
4039	students; and
4040	2. Students who are career and technicaleducation
4041	students, and adult disabled students and who are enrolled in
4042	school district career institutestechnical centers. The capital
4043	outlay full-time equivalent membership shall be determined for
4044	kindergarten through the 12th grade and for career institutes
4045	technical centersby averaging the unweighted full-time
4046	equivalent student membership for the second and third surveys
4047	and comparing the results on a school-by-school basis with the
4048	Florida Inventory for School Houses. The capital outlay full-
4049	time equivalent membership by grade level organization shall be
4050	used in making the following calculations: The capital outlay
4051	full-time equivalent membership by grade level organization for
4052	the 4th prior year must be used to compute the base-year
4053	allocation. The capital outlay full-time equivalent membership
4054	by grade-level organization for the prior year must be used to
4055	compute the growth over the highest of the 3 years preceding the
4056	prior year. From the total amount appropriated by the
4057	Legislature pursuant to this subsection, 40 percent shall be
4058	allocated among the base capital outlay full-time equivalent
4059	membership and 60 percent among the growth capital outlay full-
4060	time equivalent membership. The allocation within each of these
4061	groups shall be prorated to the districts based upon each
4062	district's percentage of base and growth capital outlay full-
4063	time membership. The most recent 4-year capital outlay full-time
4064	equivalent membership data shall be used in each subsequent
4065	year's calculation for the allocation of funds pursuant to this
4066	subsection. If a change, correction, or recomputation of data
4067	during any year results in a reduction or increase of the
4068	calculated amount previously allocated to a district, the
4069	allocation to that district shall be adjusted correspondingly.
4070	If such recomputation results in an increase or decrease of the
4071	calculated amount, such additional or reduced amounts shall be
4072	added to or reduced from the district's future appropriations.
4073	However, no change, correction, or recomputation of data shall
4074	be made subsequent to 2 years following the initial annual
4075	allocation.
4076	Section 115. Subsections (1) and (2), and paragraphs (a)
4077	and (c) of subsection (4) of section 1013.75, Florida Statutes,
4078	are amended to read:
4079	1013.75 Cooperative funding of career instituteand
4080	technical educationalfacilities.--
4081	(1) Each district school board operating a designated
4082	career institutetechnical centermay submit, prior to August 1
4083	of each year, a request to the commissioner for funds from the
4084	Public Education Capital Outlay and Debt Service Trust Fund to
4085	plan, construct, and equip a career instituteand technical
4086	educationalfacility identified as being critical to the
4087	economic development and the workforce needs of the school
4088	district. Prior to submitting a request, each school district
4089	shall:
4090	(a) Adopt and submit to the commissioner a resolution
4091	indicating its commitment to fund the planning, construction,
4092	and equipping of the proposed facility at 40 percent of the
4093	requested project amount. The resolution shall also designate
4094	the locale of the proposed facility. If funds from a private or
4095	noneducational public entity are to be committed to the project,
4096	then a joint resolution shall be required.
4097	(b) Except as provided in paragraph (5)(b), levy the
4098	maximum millage against the nonexempt assessed property value as
4099	provided in s. 1011.71(2).
4100	(c) Certify to the Office of Workforce and Economic
4101	Development that the project has been survey recommended.
4102	(d) Certify to the Office of Workforce and Economic
4103	Development that final phase III construction documents comply
4104	with applicable building codes and life safety codes.
4105	(e) Sign an agreement that the district school board shall
4106	advertise for bids within 90 days of receiving an encumbrance
4107	authorization from the department.
4108	(f) If a construction contract has not been signed 90 days
4109	after the advertising of bids, certify to the Office of
4110	Workforce and Economic Development and the department the cause
4111	for delay. Upon request, an additional 90 days may be granted by
4112	the commissioner.
4113	(2) The Office of Workforce and Economic Development shall
4114	establish the need for additional career and technicaleducation
4115	programs and the continuation of existing programs before
4116	facility construction or renovation related to career and
4117	technicaleducation can be included in the educational plant
4118	survey. Information used by the Office of Workforce and Economic
4119	Development to establish facility needs shall include, but not
4120	be limited to, labor market needs analysis and information
4121	submitted by the school districts.
4122	(4)(a) A career and technicaleducation construction
4123	committee shall be composed of the following: three
4124	representatives from the Department of Education and one
4125	representative from the Executive Office of the Governor.
4126	(c) The commissioner's legislative capital outlay budget
4127	request may include up to 2 percent of the new construction
4128	allocation to public schools for career and technicalcapital
4129	outlay projects recommended by the career and technical
4130	education construction committee.
4131	Section 116. This act shall take effect July 1, 2003.