| 1 | The Conference Committee on HB 1867 offered the following: | 
| 2 | 
  | 
| 3 |      Conference Committee Amendment (with title amendment) | 
| 4 |      Remove everything after the enacting clause and insert: | 
| 5 |      Section 1.  Paragraphs (a) and (c) of subsection (5) of  | 
| 6 | section 24.121, Florida Statutes, are amended to read: | 
| 7 |      24.121  Allocation of revenues and expenditure of funds for  | 
| 8 | public education.-- | 
| 9 |      (5)(a)  Public educational programs and purposes funded by  | 
| 10 | the Educational Enhancement Trust Fund may include, but are not  | 
| 11 | limited to, endowment, scholarship, matching funds, direct  | 
| 12 | grants, research and economic development related to education,  | 
| 13 | salary enhancement, contracts with independent institutions to  | 
| 14 | conduct programs consistent with the state master plan for  | 
| 15 | postsecondary education, or any other educational program or  | 
| 16 | purpose deemed desirable by the Legislature. Prior to the  | 
| 17 | expenditure of these funds, each school district shall establish  | 
| 18 | policies and procedures that define enhancement and the types of  | 
| 19 | expenditures consistent with that definition. | 
| 20 |      (c)  A portion of such net revenues, as determined annually  | 
| 21 | by the Legislature, shall be distributed to each school district  | 
| 22 | and shall be made available to each public school in the  | 
| 23 | district for enhancing school performance through development  | 
| 24 | and implementation of a school improvement plan pursuant to s.  | 
| 25 | 1001.42(16). A portion of these moneys, as determined annually  | 
| 26 | in the General Appropriations Act, must be allocated to each  | 
| 27 | school in an equal amount for each student enrolled. These  | 
| 28 | moneys may be expended only on programs or projects selected by  | 
| 29 | the school advisory council or by a parent advisory committee  | 
| 30 | created pursuant to this paragraph. If a school does not have a  | 
| 31 | school advisory council, the district advisory council must  | 
| 32 | appoint a parent advisory committee composed of parents of  | 
| 33 | students enrolled in that school, which committee is  | 
| 34 | representative of the ethnic, racial, and economic community  | 
| 35 | served by the school, to advise the school's principal on the  | 
| 36 | programs or projects to be funded. Neither school district staff  | 
| 37 | nor principals A principal may not override the recommendations  | 
| 38 | of the school advisory council or the parent advisory committee.  | 
| 39 | These moneys may not be used for capital improvements, nor may  | 
| 40 | they be used for any project or program that has a duration of  | 
| 41 | more than 1 year; however, a school advisory council or parent  | 
| 42 | advisory committee may independently determine that a program or  | 
| 43 | project formerly funded under this paragraph should receive  | 
| 44 | funds in a subsequent year. | 
| 45 |      Section 2.  Notwithstanding the provisions of s. 220.187,  | 
| 46 | Florida Statutes, the total amount of tax credits and  | 
| 47 | carryforward tax credits that may be granted for the 2004-2005  | 
| 48 | fiscal year under that section for contributions to nonprofit  | 
| 49 | scholarship-funding organizations is $50 million. | 
| 50 |      Section 3.  Paragraphs (d), (f), (o), and (q) of subsection  | 
| 51 | (3) of section 1000.21, Florida Statutes, are amended to read: | 
| 52 |      1000.21  Systemwide definitions.--As used in the Florida K- | 
| 53 | 20 Education Code: | 
| 54 |      (3)  "Community college," except as otherwise specifically  | 
| 55 | provided, includes the following institutions and any branch  | 
| 56 | campuses, centers, or other affiliates of the institution: | 
| 57 |      (d)  Chipola Junior College. | 
| 58 |      (f)  Edison Community College. | 
| 59 |      (o)  Miami Dade Miami-Dade Community College. | 
| 60 |      (q)  Okaloosa-Walton Community College. | 
| 61 |      Section 4.  Paragraph (c) of subsection (9) of section  | 
| 62 | 1002.32, Florida Statutes, is amended to read: | 
| 63 |      1002.32  Developmental research (laboratory) schools.-- | 
| 64 |      (9)  FUNDING.--Funding for a lab school, including a  | 
| 65 | charter lab school, shall be provided as follows: | 
| 66 |      (c)  All operating funds provided under this section shall  | 
| 67 | be deposited in a Lab School Trust Fund and shall be expended  | 
| 68 | for the purposes of this section. The university assigned a lab  | 
| 69 | school shall be the fiscal agent for these funds, and all rules  | 
| 70 | of the university governing the budgeting and expenditure of  | 
| 71 | state funds shall apply to these funds unless otherwise provided  | 
| 72 | by law or rule of the State Board of Education. The university  | 
| 73 | board of trustees shall be the public employer of lab school  | 
| 74 | personnel for collective bargaining purposes for lab schools in  | 
| 75 | operation prior to the 2002-2003 fiscal year. Employees of  | 
| 76 | charter lab schools authorized prior to June 1, 2003, but not in  | 
| 77 | operation prior to the 2002-2003 fiscal year shall be employees  | 
| 78 | of the entity holding the charter and must comply with the  | 
| 79 | provisions of s. 1002.33(12). Lab schools are not subject to the  | 
| 80 | payment of overhead or indirect costs as described in s.  | 
| 81 | 216.346. | 
| 82 |      Section 5.  Subsection (3) of section 1008.22, Florida  | 
| 83 | Statutes, is amended to read: | 
| 84 |      1008.22  Student assessment program for public schools.-- | 
| 85 |      (3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner shall  | 
| 86 | design and implement a statewide program of educational  | 
| 87 | assessment that provides information for the improvement of the  | 
| 88 | operation and management of the public schools, including  | 
| 89 | schools operating for the purpose of providing educational  | 
| 90 | services to youth in Department of Juvenile Justice programs.  | 
| 91 | The commissioner may enter into contracts for the continued  | 
| 92 | administration of the assessment, testing, and evaluation  | 
| 93 | programs authorized and funded by the Legislature. Contracts may  | 
| 94 | be initiated in one fiscal year and continue into the next and  | 
| 95 | may be paid from the appropriations of either or both fiscal  | 
| 96 | years. The commissioner is authorized to negotiate for the sale  | 
| 97 | or lease of tests, scoring protocols, test scoring services, and  | 
| 98 | related materials developed pursuant to law. Pursuant to the  | 
| 99 | statewide assessment program, the commissioner shall: | 
| 100 |      (a)  Submit to the State Board of Education a list that  | 
| 101 | specifies student skills and competencies to which the goals for  | 
| 102 | education specified in the state plan apply, including, but not  | 
| 103 | limited to, reading, writing, science, and mathematics. The  | 
| 104 | skills and competencies must include problem-solving and higher- | 
| 105 | order skills as appropriate and shall be known as the Sunshine  | 
| 106 | State Standards as defined in s. 1000.21. The commissioner shall  | 
| 107 | select such skills and competencies after receiving  | 
| 108 | recommendations from educators, citizens, and members of the  | 
| 109 | business community. The commissioner shall submit to the State  | 
| 110 | Board of Education revisions to the list of student skills and  | 
| 111 | competencies in order to maintain continuous progress toward  | 
| 112 | improvements in student proficiency. | 
| 113 |      (b)  Develop and implement a uniform system of indicators  | 
| 114 | to describe the performance of public school students and the  | 
| 115 | characteristics of the public school districts and the public  | 
| 116 | schools. These indicators must include, without limitation,  | 
| 117 | information gathered by the comprehensive management information  | 
| 118 | system created pursuant to s. 1008.385 and student achievement  | 
| 119 | information obtained pursuant to this section. | 
| 120 |      (c)  Develop and implement a student achievement testing  | 
| 121 | program known as the Florida Comprehensive Assessment Test  | 
| 122 | (FCAT) as part of the statewide assessment program, to be  | 
| 123 | administered annually in grades 3 through 10 to measure reading,  | 
| 124 | writing, science, and mathematics. Other content areas may be  | 
| 125 | included as directed by the commissioner. The testing program  | 
| 126 | must be designed so that: | 
| 127 |      1.  The tests measure student skills and competencies  | 
| 128 | adopted by the State Board of Education as specified in  | 
| 129 | paragraph (a). The tests must measure and report student  | 
| 130 | proficiency levels in reading, writing, mathematics, and  | 
| 131 | science. The commissioner shall provide for the tests to be  | 
| 132 | developed or obtained, as appropriate, through contracts and  | 
| 133 | project agreements with private vendors, public vendors, public  | 
| 134 | agencies, postsecondary educational institutions, or school  | 
| 135 | districts. The commissioner shall obtain input with respect to  | 
| 136 | the design and implementation of the testing program from state  | 
| 137 | educators and the public. | 
| 138 |      2.  The testing program will include a combination of norm- | 
| 139 | referenced and criterion-referenced tests and include, to the  | 
| 140 | extent determined by the commissioner, questions that require  | 
| 141 | the student to produce information or perform tasks in such a  | 
| 142 | way that the skills and competencies he or she uses can be  | 
| 143 | measured. | 
| 144 |      3.  Each testing program, whether at the elementary,  | 
| 145 | middle, or high school level, includes a test of writing in  | 
| 146 | which students are required to produce writings that are then  | 
| 147 | scored by appropriate methods. | 
| 148 |      4.  A score is designated for each subject area tested,  | 
| 149 | below which score a student's performance is deemed inadequate.  | 
| 150 | The school districts shall provide appropriate remedial  | 
| 151 | instruction to students who score below these levels. | 
| 152 |      5.  Except as provided in s. 1003.43(11)(b), students must  | 
| 153 | earn a passing score on the grade 10 assessment test described  | 
| 154 | in this paragraph or on an alternate assessment as described in  | 
| 155 | subsection (9) in reading, writing, and mathematics to qualify  | 
| 156 | for a regular high school diploma. The State Board of Education  | 
| 157 | shall designate a passing score for each part of the grade 10  | 
| 158 | assessment test. In establishing passing scores, the state board  | 
| 159 | shall consider any possible negative impact of the test on  | 
| 160 | minority students. All students who took the grade 10 FCAT  | 
| 161 | during the 2000-2001 school year shall be required to earn the  | 
| 162 | passing scores in reading and mathematics established by the  | 
| 163 | State Board of Education for the March 2001 test administration.  | 
| 164 | Such students who did not earn the established passing scores  | 
| 165 | and must repeat the grade 10 FCAT are required to earn the  | 
| 166 | passing scores established for the March 2001 test  | 
| 167 | administration. All students who take the grade 10 FCAT for the  | 
| 168 | first time in March 2002 and thereafter shall be required to  | 
| 169 | earn the passing scores in reading and mathematics established  | 
| 170 | by the State Board of Education for the March 2002 test  | 
| 171 | administration. The State Board of Education shall adopt rules  | 
| 172 | which specify the passing scores for the grade 10 FCAT. Any such  | 
| 173 | rules, which have the effect of raising the required passing  | 
| 174 | scores, shall only apply to students taking the grade 10 FCAT  | 
| 175 | after such rules are adopted by the State Board of Education. | 
| 176 |      6.  Participation in the testing program is mandatory for  | 
| 177 | all students attending public school, including students served  | 
| 178 | in Department of Juvenile Justice programs, except as otherwise  | 
| 179 | prescribed by the commissioner. If a student does not  | 
| 180 | participate in the statewide assessment, the district must  | 
| 181 | notify the student's parent and provide the parent with  | 
| 182 | information regarding the implications of such nonparticipation.  | 
| 183 | If modifications are made in the student's instruction to  | 
| 184 | provide accommodations that would not be permitted on the  | 
| 185 | statewide assessment tests, the district must notify the  | 
| 186 | student's parent of the implications of such instructional  | 
| 187 | modifications. A parent must provide signed consent for a  | 
| 188 | student to receive instructional modifications that would not be  | 
| 189 | permitted on the statewide assessments and must acknowledge in  | 
| 190 | writing that he or she understands the implications of such  | 
| 191 | accommodations. The State Board of Education shall adopt rules,  | 
| 192 | based upon recommendations of the commissioner, for the  | 
| 193 | provision of test accommodations and modifications of procedures  | 
| 194 | as necessary for students in exceptional education programs and  | 
| 195 | for students who have limited English proficiency.  | 
| 196 | Accommodations that negate the validity of a statewide  | 
| 197 | assessment are not allowable. | 
| 198 |      7.  A student seeking an adult high school diploma must  | 
| 199 | meet the same testing requirements that a regular high school  | 
| 200 | student must meet. | 
| 201 |      8.  District school boards must provide instruction to  | 
| 202 | prepare students to demonstrate proficiency in the skills and  | 
| 203 | competencies necessary for successful grade-to-grade progression  | 
| 204 | and high school graduation. If a student is provided with  | 
| 205 | accommodations or modifications that are not allowable in the  | 
| 206 | statewide assessment program, as described in the test manuals,  | 
| 207 | the district must inform the parent in writing and must provide  | 
| 208 | the parent with information regarding the impact on the  | 
| 209 | student's ability to meet expected proficiency levels in  | 
| 210 | reading, writing, and math. The commissioner shall conduct  | 
| 211 | studies as necessary to verify that the required skills and  | 
| 212 | competencies are part of the district instructional programs. | 
| 213 |      9.  The Department of Education must develop, or select,  | 
| 214 | and implement a common battery of assessment tools that will be  | 
| 215 | used in all juvenile justice programs in the state. These tools  | 
| 216 | must accurately measure the skills and competencies established  | 
| 217 | in the Florida Sunshine State Standards. | 
| 218 | 
  | 
| 219 | The commissioner may design and implement student testing  | 
| 220 | programs, for any grade level and subject area, necessary to  | 
| 221 | effectively monitor educational achievement in the state. | 
| 222 |      (d)  Conduct ongoing research to develop improved methods  | 
| 223 | of assessing student performance, including, without limitation,  | 
| 224 | the use of technology to administer tests, score, or report the  | 
| 225 | results of, the use of electronic transfer of data, the  | 
| 226 | development of work-product assessments, and the development of  | 
| 227 | process assessments. | 
| 228 |      (e)  Conduct ongoing research and analysis of student  | 
| 229 | achievement data, including, without limitation, monitoring  | 
| 230 | trends in student achievement, identifying school programs that  | 
| 231 | are successful, and analyzing correlates of school achievement. | 
| 232 |      (f)  Provide technical assistance to school districts in  | 
| 233 | the implementation of state and district testing programs and  | 
| 234 | the use of the data produced pursuant to such programs. | 
| 235 |      Section 6.  Subsection (2) of section 1009.23, Florida  | 
| 236 | Statutes, is amended to read: | 
| 237 |      1009.23  Community college student fees.-- | 
| 238 |      (2)  All students shall be charged fees except students who  | 
| 239 | are exempt from fees or students whose fees are waived.  | 
| 240 | Identical fees shall be required for all community college  | 
| 241 | resident students within a college who take a specific course,  | 
| 242 | regardless of the program in which they are enrolled. | 
| 243 |      Section 7.  Subsection (5) is added to section 1011.57,  | 
| 244 | Florida Statutes, to read: | 
| 245 |      1011.57  Florida School for the Deaf and the Blind; board  | 
| 246 | of trustees; management flexibility.-- | 
| 247 |      (5)  The board of trustees and administration of the  | 
| 248 | Florida School for the Deaf and the Blind shall not authorize  | 
| 249 | fee waivers for out-of-state students. | 
| 250 |      Section 8.  Paragraph (h) of subsection (1) and paragraph  | 
| 251 | (b) of subsection (9) of section 1011.62, Florida Statutes, are  | 
| 252 | amended to read: | 
| 253 |      1011.62  Funds for operation of schools.--If the annual  | 
| 254 | allocation from the Florida Education Finance Program to each  | 
| 255 | district for operation of schools is not determined in the  | 
| 256 | annual appropriations act or the substantive bill implementing  | 
| 257 | the annual appropriations act, it shall be determined as  | 
| 258 | follows: | 
| 259 |      (1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR  | 
| 260 | OPERATION.--The following procedure shall be followed in  | 
| 261 | determining the annual allocation to each district for  | 
| 262 | operation: | 
| 263 |      (h)  Small, isolated high schools.--Districts which levy  | 
| 264 | the maximum nonvoted discretionary millage, exclusive of millage  | 
| 265 | for capital outlay purposes levied pursuant to s. 1011.71(2),  | 
| 266 | may calculate full-time equivalent students for small, isolated  | 
| 267 | high schools by multiplying the number of unweighted full-time  | 
| 268 | equivalent students times 2.75; provided the school attained a  | 
| 269 | state accountability performance grade of "C" or better for the  | 
| 270 | previous school year percentage of students at such school  | 
| 271 | passing both parts of the high school competency test, as  | 
| 272 | defined by law and rule, has been equal to or higher than such  | 
| 273 | percentage for the state or district, whichever is greater. For  | 
| 274 | the purpose of this section, the term "small, isolated high  | 
| 275 | school" means any high school which is located no less than 28  | 
| 276 | miles by the shortest route from another high school; which has  | 
| 277 | been serving students primarily in basic studies provided by  | 
| 278 | sub-subparagraphs (c)1.b. and c. and may include subparagraph  | 
| 279 | (c)4.; and which has a membership of no more than 100 students,  | 
| 280 | but no fewer than 28 students, in grades 9 through 12. | 
| 281 |      (9)  TOTAL ALLOCATION OF STATE FUNDS TO EACH DISTRICT FOR  | 
| 282 | CURRENT OPERATION.--The total annual state allocation to each  | 
| 283 | district for current operation for the FEFP shall be distributed  | 
| 284 | periodically in the manner prescribed in the General  | 
| 285 | Appropriations Act. | 
| 286 |      (b)  The amount thus obtained shall be the net annual  | 
| 287 | allocation to each school district. However, if it is determined  | 
| 288 | that any school district received an underallocation or  | 
| 289 | overallocation for any prior year because of an arithmetical  | 
| 290 | error, assessment roll change, full-time equivalent student  | 
| 291 | membership error, or any allocation error revealed in an audit  | 
| 292 | report, the allocation to that district shall be appropriately  | 
| 293 | adjusted. Beginning with audits for the 2001-2002 fiscal year,  | 
| 294 | if the adjustment is the result of an audit finding in which  | 
| 295 | group 2 FTE are reclassified to the basic program and the  | 
| 296 | district weighted FTE are over the weighted enrollment ceiling  | 
| 297 | for group 2 programs, the adjustment shall not result in a gain  | 
| 298 | of state funds to the district. If the Department of Education  | 
| 299 | audit adjustment recommendation is based upon controverted  | 
| 300 | findings of fact, the Commissioner of Education is authorized to  | 
| 301 | establish the amount of the adjustment based on the best  | 
| 302 | interests of the state. | 
| 303 |      Section 9.  Section 1011.63, Florida Statutes, is created  | 
| 304 | to read: | 
| 305 |      1011.63  Reporting for state funding; prohibition.--When a  | 
| 306 | public educational institution has been fully funded by an  | 
| 307 | external agency for direct instructional costs of any course or  | 
| 308 | program, the FTE generated shall not be reported for state  | 
| 309 | funding for purposes of the Florida Education Finance Program. | 
| 310 |      Section 10.  Section 1011.66, Florida Statutes, is amended  | 
| 311 | to read: | 
| 312 |      1011.66  Distribution of FEFP funds in first quarter.--The  | 
| 313 | distribution of FEFP funds shall be made in payments on or about  | 
| 314 | the 10th and 26th of each month. Upon the request of any school  | 
| 315 | district whose net state FEFP funding is less than 60 percent of  | 
| 316 | its gross state and local FEFP funding, the Department of  | 
| 317 | Education shall distribute to that school district in the first  | 
| 318 | quarter of the fiscal year an amount from the funds appropriated  | 
| 319 | for the FEFP in the General Appropriations Act up to a maximum  | 
| 320 | of 15 percent of that school district's gross state and local  | 
| 321 | FEFP funding or that school district's net state FEFP funding,  | 
| 322 | whichever is less. | 
| 323 |      Section 11.  Section 1011.67, Florida Statutes, is amended  | 
| 324 | to read: | 
| 325 |      1011.67  Funds for instructional materials.--The department  | 
| 326 | is authorized to allocate and distribute to each district an  | 
| 327 | amount as prescribed annually by the Legislature for  | 
| 328 | instructional materials for student membership in basic and  | 
| 329 | special programs in grades K-12, which will provide for growth  | 
| 330 | and maintenance needs. For purposes of this section, unweighted  | 
| 331 | full-time equivalent students enrolled in the lab schools in  | 
| 332 | state universities are to be included as school district  | 
| 333 | students and reported as such to the department. These funds  | 
| 334 | shall be distributed to school districts as follows: 50 percent  | 
| 335 | on or about July 10; 35 percent on or about October 10; 10  | 
| 336 | percent on or about January 10; and 5 percent on or about June  | 
| 337 | 10. The annual allocation shall be determined as follows: | 
| 338 |      (1)  The growth allocation for each school district shall  | 
| 339 | be calculated as follows: | 
| 340 |      (a)  Subtract from that district's projected full-time  | 
| 341 | equivalent membership of students in basic and special programs  | 
| 342 | in grades K-12 used in determining the initial allocation of the  | 
| 343 | Florida Education Finance Program, the prior year's full-time  | 
| 344 | equivalent membership of students in basic and special programs  | 
| 345 | in grades K-12 for that district. | 
| 346 |      (b)  Multiply any such increase in full-time equivalent  | 
| 347 | student membership by the allocation for a set of instructional  | 
| 348 | materials, as determined by the department, or as provided for  | 
| 349 | in the General Appropriations Act. | 
| 350 |      (c)  The amount thus determined shall be that district's  | 
| 351 | initial allocation for growth for the school year. However, the  | 
| 352 | department shall recompute and adjust the initial allocation  | 
| 353 | based on actual full-time equivalent student membership data for  | 
| 354 | that year. | 
| 355 |      (2)  The maintenance of the instructional materials  | 
| 356 | allocation for each school district shall be calculated by  | 
| 357 | multiplying each district's prior year full-time equivalent  | 
| 358 | membership of students in basic and special programs in grades  | 
| 359 | K-12 by the allocation for maintenance of a set of instructional  | 
| 360 | materials as provided for in the General Appropriations Act. The  | 
| 361 | amount thus determined shall be that district's initial  | 
| 362 | allocation for maintenance for the school year; however, the  | 
| 363 | department shall recompute and adjust the initial allocation  | 
| 364 | based on such actual full-time equivalent student membership  | 
| 365 | data for that year. | 
| 366 |      (3)  In the event the funds appropriated are not sufficient  | 
| 367 | for the purpose of implementing this section in full, the  | 
| 368 | department shall prorate the funds available for instructional  | 
| 369 | materials after first funding in full each district's growth  | 
| 370 | allocation. | 
| 371 |      Section 12.  Subsection (5) of section 1011.80, Florida  | 
| 372 | Statutes, is amended to read: | 
| 373 |      1011.80  Funds for operation of adult technical education  | 
| 374 | programs.-- | 
| 375 |      (5)  State funding and student fees for workforce  | 
| 376 | development instruction funded through the Workforce Development  | 
| 377 | Education Fund shall be established as follows: | 
| 378 |      (a)  For a continuing workforce education course, state  | 
| 379 | funding shall equal 50 percent of the cost of instruction, with  | 
| 380 | student fees, business support, quick-response training funds,  | 
| 381 | or other means making up the remaining 50 percent. | 
| 382 |      (b)  For all other workforce development education funded  | 
| 383 | through the Workforce Development Education Fund, state funding  | 
| 384 | shall equal 75 percent of the average cost of instruction with  | 
| 385 | the remaining 25 percent made up from student fees. Fees for  | 
| 386 | courses within a program shall not vary according to the cost of  | 
| 387 | the individual program, but instead shall be based on a uniform  | 
| 388 | fee calculated and set at the state level, as adopted by the  | 
| 389 | State Board of Education, unless otherwise specified in the  | 
| 390 | General Appropriations Act. | 
| 391 |      (c)  For fee-exempt students pursuant to s. 1009.25, unless  | 
| 392 | otherwise provided for in law, state funding shall equal 100  | 
| 393 | percent of the average cost of instruction. | 
| 394 |      (d)  For a public educational institution that has been  | 
| 395 | fully funded by an external agency for direct instructional  | 
| 396 | costs of any course or program, the FTE generated shall not be  | 
| 397 | reported for state funding. | 
| 398 |      Section 13.  Paragraph (e) of subsection (1) of section  | 
| 399 | 1011.84, Florida Statutes, is redesignated as paragraph (g) and  | 
| 400 | new paragraphs (e) and (f) are added to said subsection to read: | 
| 401 |      1011.84  Procedure for determining state financial support  | 
| 402 | and annual apportionment of state funds to each community  | 
| 403 | college district.--The procedure for determining state financial  | 
| 404 | support and the annual apportionment to each community college  | 
| 405 | district authorized to operate a community college under the  | 
| 406 | provisions of s. 1001.61 shall be as follows: | 
| 407 |      (1)  DETERMINING THE AMOUNT TO BE INCLUDED IN THE COMMUNITY  | 
| 408 | COLLEGE PROGRAM FUND FOR THE CURRENT OPERATING PROGRAM.-- | 
| 409 |      (e)  All state inmate education provided by community  | 
| 410 | colleges shall be reported by program, FTE expenditure, and  | 
| 411 | revenue source. These enrollments, expenditures, and revenues  | 
| 412 | shall be reported and projected separately. Instruction of state  | 
| 413 | inmates shall not be included in the full-time equivalent  | 
| 414 | student enrollment for funding through the Community College  | 
| 415 | Program Fund. | 
| 416 |      (f)  When a public educational institution has been fully  | 
| 417 | funded by an external agency for direct instructional costs of  | 
| 418 | any course or program, the FTE generated shall not be reported  | 
| 419 | for state funding. | 
| 420 |      Section 14.  Subsection (3) of section 1012.05, Florida  | 
| 421 | Statutes, is amended to read: | 
| 422 |      1012.05  Teacher recruitment and retention.-- | 
| 423 |      (3)  The Department of Education, in cooperation with  | 
| 424 | district personnel offices, shall sponsor a job fair in a  | 
| 425 | central part of the state to match in-state educators and  | 
| 426 | potential educators and out-of-state educators and potential  | 
| 427 | educators with teaching opportunities in this state. The  | 
| 428 | Department of Education is authorized to collect a job fair  | 
| 429 | registration fee not to exceed $20 per person and a booth fee  | 
| 430 | not to exceed $250 per school district or other interested  | 
| 431 | participating organization. The revenue from the fees shall be  | 
| 432 | used to promote and operate the job fair. Funds may be used to  | 
| 433 | purchase promotional items such as mementos, awards, and  | 
| 434 | plaques. | 
| 435 |      Section 15.  Paragraph (e) is added to subsection (2) of  | 
| 436 | section 1012.72, Florida Statutes, to read: | 
| 437 |      1012.72  Dale Hickam Excellent Teaching Program.-- | 
| 438 |      (2)  The Dale Hickam Excellent Teaching Program is created  | 
| 439 | to provide categorical funding for monetary incentives and  | 
| 440 | bonuses for teaching excellence. The Department of Education  | 
| 441 | shall distribute to each school district or to the NBPTS an  | 
| 442 | amount as prescribed annually by the Legislature for the Dale  | 
| 443 | Hickam Excellent Teaching Program. For purposes of this section,  | 
| 444 | the Florida School for the Deaf and the Blind shall be  | 
| 445 | considered a school district. Unless otherwise provided in the  | 
| 446 | General Appropriations Act, each distribution shall be the sum  | 
| 447 | of the amounts earned for the following incentives and bonuses: | 
| 448 |      (e)  The employer's share of social security and Medicare  | 
| 449 | taxes and Florida Retirement System contributions for those  | 
| 450 | teachers who qualify for NBPTS certification and receive bonus  | 
| 451 | amounts. | 
| 452 | 
  | 
| 453 | A teacher for whom the state pays the certification fee and who  | 
| 454 | does not complete the certification program or does not teach in  | 
| 455 | a public school of this state for at least 1 year after  | 
| 456 | completing the certification program must repay the amount of  | 
| 457 | the certification fee to the state. However, a teacher who  | 
| 458 | completes the certification program but fails to be awarded  | 
| 459 | NBPTS certification is not required to repay the amount of the  | 
| 460 | certification fee if the teacher meets the 1-year teaching  | 
| 461 | requirement. Repayment is not required of a teacher who does not  | 
| 462 | complete the certification program or fails to fulfill the  | 
| 463 | teaching requirement because of the teacher's death or  | 
| 464 | disability or because of other extenuating circumstances as  | 
| 465 | determined by the State Board of Education. | 
| 466 |      Section 16.  Notwithstanding the provisions of s.  | 
| 467 | 216.292(5)(d), Florida Statutes, and in order to implement  | 
| 468 | Specific Appropriation 156 and section 9 of the 2004-2005  | 
| 469 | General Appropriations Act, Florida State University is  | 
| 470 | authorized to construct a classroom building from the funding  | 
| 471 | received pursuant to the 2004-2005 General Appropriations Act. | 
| 472 |      Section 17.  This act shall take effect July 1, 2004. | 
| 473 | 
  | 
| 474 | ================= T I T L E  A M E N D M E N T ================= | 
| 475 |      Remove the entire title and insert: | 
| 476 | A bill to be entitled | 
| 477 | An act relating to education funding; amending s. 24.121,  | 
| 478 | F.S.; requiring school districts to establish certain  | 
| 479 | policies and procedures relating to lottery fund  | 
| 480 | enhancements; providing a tax credit cap with respect to  | 
| 481 | contributions to nonprofit scholarship-funding  | 
| 482 | organizations; amending s. 1000.21, F.S.; redesignating  | 
| 483 | specified community colleges as colleges; amending s.  | 
| 484 | 1002.32, F.S.; exempting lab schools from the payment of  | 
| 485 | overhead or indirect costs; amending s. 1008.22, F.S.;  | 
| 486 | authorizing outsourcing of statewide assessment program  | 
| 487 | activities; allowing for contracts extending into two  | 
| 488 | fiscal years; amending s. 1009.23, F.S.; requiring  | 
| 489 | identical fees for certain community college students  | 
| 490 | taking a specific course; amending s. 1011.57, F.S.;  | 
| 491 | prohibiting out-of-state fee waivers by the Florida School  | 
| 492 | for the Deaf and the Blind; amending s. 1011.62, F.S.;  | 
| 493 | revising eligibility requirement for use of the small,  | 
| 494 | isolated high school multiplier; revising provisions  | 
| 495 | relating to adjustments of allocations; creating s.  | 
| 496 | 1011.63, F.S.; prohibiting reporting for state funding for  | 
| 497 | purposes of the Florida Education Finance Program of  | 
| 498 | courses or programs fully funded externally; amending s.  | 
| 499 | 1011.66, F.S.; setting forth the method and timing of  | 
| 500 | distributing Florida Education Finance Program funds;  | 
| 501 | amending s. 1011.67, F.S.; setting forth the method and  | 
| 502 | timing of distributing funds for instructional materials;  | 
| 503 | amending s. 1011.80, F.S.; prohibiting reporting for state  | 
| 504 | funding of courses or programs fully funded externally;  | 
| 505 | amending s. 1011.84, F.S.; providing reporting  | 
| 506 | requirements with respect to inmate education provided by  | 
| 507 | community colleges; directing that inmates not be included  | 
| 508 | in FTE student enrollment for funding through the  | 
| 509 | Community College Program Fund; prohibiting reporting for  | 
| 510 | state funding of courses or programs fully funded  | 
| 511 | externally; amending s. 1012.05, F.S.; authorizing the  | 
| 512 | Department of Education to collect registration and booth  | 
| 513 | fees for a job fair; authorizing certain uses for such  | 
| 514 | funds; amending s. 1012.72, F.S.; authorizing the use of  | 
| 515 | Dale Hickam Excellent Teaching Program funds for certain  | 
| 516 | purposes; authorizing Florida State University to  | 
| 517 | construct a classroom building; providing an effective  | 
| 518 | date. |