HB 5083

1	A bill to be entitled
2	An act relating to education; amending s. 121.021, F.S.;
3	deleting salary supplements for National Board for
4	Professional Teaching Standards certification from the
5	definition of "compensation" under the Florida Retirement
6	System; amending s. 220.187, F.S.; revising provisions
7	relating to norm-referenced tests for purposes of the
8	Corporate Income Tax Credit Scholarship Program; amending
9	s. 1001.451, F.S., relating to regional consortium service
10	organizations; authorizing the Department of Education to
11	appropriate a lesser amount of an incentive grant per
12	school district and eligible member for a specified fiscal
13	year; providing for the future expiration of such
14	provisions; amending s. 1002.33, F.S.; excluding charter
15	school Merit Award Program funds from the calculation of
16	school district administrative fees; amending s. 1003.03,
17	F.S.; revising provisions relating to implementation of
18	maximum class size requirements; amending s. 1007.271,
19	F.S.; deleting certain dual enrollment funding provisions;
20	amending s. 1008.22, F.S.; deleting norm-referenced test
21	requirements under the statewide assessment program;
22	amending s. 1011.62, F.S.; revising provisions relating to
23	the calculation of full-time equivalent membership for
24	dual enrollment instruction; decreasing the value of full-
25	time equivalent membership calculated for students
26	enrolled in an International Baccalaureate course, an
27	Advanced International Certificate of Education course, or
28	an Advanced Placement course who meet certain
29	requirements; deleting provisions relating to the
30	calculation of additional full-time equivalent membership
31	based on completion of high school level algebra courses;
32	revising provisions relating to the calculation of
33	additional full-time equivalent membership based on
34	certification of successful completion of industry-
35	certified career and professional academy programs;
36	revising provisions relating to the final calculation of
37	district required local effort; authorizing a district
38	school board to transfer certain categorical funds for
39	academic classroom instruction; requiring the department
40	to report to the Legislature the amounts transferred and
41	the activities for which the funds were expended;
42	requiring a district school board to submit an amendment
43	to the department if the school board transfers funds from
44	its research-based reading instruction allocation;
45	revising provisions relating to the calculation of
46	declining unweighted full-time equivalent students;
47	including the supplemental allocation for juvenile justice
48	education programs in the calculation for allocations to
49	districts for current operation; providing for the future
50	expiration of certain provisions governing the transfer of
51	categorical funds; amending s. 1011.71, F.S.; decreasing
52	the maximum millage a school district may levy against the
53	taxable value for school purposes; authorizing a school
54	district to redirect up to a specified amount of millage
55	if revenues are insufficient to cover payments due under a
56	lease-purchase agreement; revising certain requirements
57	for a school district with respect to expenditure of
58	revenue generated by the district school tax millage;
59	providing for future expiration of such provisions;
60	amending s. 1011.73, F.S.; conforming a cross-reference;
61	amending s. 1012.225, F.S.; providing a deadline for
62	submission of Merit Award Program plans by certain
63	districts; amending s. 1012.72, F.S., relating to the Dale
64	Hickam Excellent Teaching Program; providing that bonuses
65	be provided for up to a certain period; eliminating as
66	authorized expenditures the fee subsidy for National Board
67	for Professional Teaching Standards certification, the
68	portfolio preparation incentive, and the employer's share
69	of Florida Retirement System contributions; deleting
70	provisions to conform; revising provisions for the
71	proration of funds; authorizing a school district to pay a
72	certain percentage of bonuses when insufficient funds are
73	available; amending s. 1013.45, F.S.; requiring a district
74	school board to reuse existing construction documents or
75	design criteria packages if feasible and practical;
76	requiring the use of prototype design and construction
77	under certain circumstances; providing an effective date.
78
79	Be It Enacted by the Legislature of the State of Florida:
80
81	Section 1.  Paragraph (a) of subsection (22) of section
82	121.021, Florida Statutes, is amended to read:
83	121.021  Definitions.--The following words and phrases as
84	used in this chapter have the respective meanings set forth
85	unless a different meaning is plainly required by the context:
86	(22)  "Compensation" means the monthly salary paid a member
87	by his or her employer for work performed arising from that
88	employment.
89	(a)  Compensation shall include:
90	1.  Overtime payments paid from a salary fund.
91	2.  Accumulated annual leave payments.
92	3.  Payments in addition to the employee's base rate of pay
93	if all the following apply:
94	a.  The payments are paid according to a formal written
95	policy that applies to all eligible employees equally;
96	b.  The policy provides that payments shall commence no
97	later than the 11th year of employment;
98	c.  The payments are paid for as long as the employee
99	continues his or her employment; and
100	d.  The payments are paid at least annually.
101	4.  Amounts withheld for tax sheltered annuities or
102	deferred compensation programs, or any other type of salary
103	reduction plan authorized under the Internal Revenue Code.
104	5.  Payments made in lieu of a permanent increase in the
105	base rate of pay, whether made annually or in 12 or 26 equal
106	payments within a 12-month period, when the member's base pay is
107	at the maximum of his or her pay range. When a portion of a
108	member's annual increase raises his or her pay range and the
109	excess is paid as a lump sum payment, such lump sum payment
110	shall be compensation for retirement purposes.
111	6.  Effective July 1, 2002, salary supplements made
112	pursuant to s. 1012.72 requiring a valid National Board for
113	Professional Standards certificate, notwithstanding the
114	provisions of subparagraph 3.
115	Section 2.  Paragraph (i) of subsection (9) of section
116	220.187, Florida Statutes is amended to read:
117	220.187  Credits for contributions to nonprofit
118	scholarship-funding organizations.--
119	(9)  DEPARTMENT OF EDUCATION OBLIGATIONS.--The Department
120	of Education shall:
121	(i)  Maintain a list of In accordance with State Board of
122	Education rule, identify and select the nationally norm-
123	referenced tests identified for purposes of satisfying the
124	testing requirement in subparagraph (8)(c)2. The tests must meet
125	that are comparable to the norm-referenced provisions of the
126	Florida Comprehensive Assessment Test (FCAT) provided that the
127	FCAT may be one of the tests selected. However, the Department
128	of Education may approve the use of an additional assessment by
129	the school if the assessment meets industry standards of quality
130	in accordance with State Board of Education rule and
131	comparability.
132	Section 3.  Paragraph (c) is added to subsection (2) of
133	section 1001.451, Florida Statutes, to read:
134	1001.451  Regional consortium service organizations.--In
135	order to provide a full range of programs to larger numbers of
136	students, minimize duplication of services, and encourage the
137	development of new programs and services:
138	(2)
139	(c)  Notwithstanding paragraph (a), the appropriation for
140	the 2008-2009 fiscal year may be less than $50,000 per school
141	district and eligible member. If the amount appropriated is
142	insufficient to provide $50,000, the funds available must be
143	prorated among all eligible districts and members. This
144	paragraph expires July 1, 2009.
145	Section 4.  Paragraph (a) of subsection (20) of section
146	1002.33, Florida Statutes, is amended to read:
147	1002.33  Charter schools.--
148	(20)  SERVICES.--
149	(a)  A sponsor shall provide certain administrative and
150	educational services to charter schools. These services shall
151	include contract management services; full-time equivalent and
152	data reporting services; exceptional student education
153	administration services; services related to eligibility and
154	reporting duties required to ensure that school lunch services
155	under the federal lunch program, consistent with the needs of
156	the charter school, are provided by the school district at the
157	request of the charter school; test administration services,
158	including payment of the costs of state-required or district-
159	required student assessments; processing of teacher certificate
160	data services; and information services, including equal access
161	to student information systems that are used by public schools
162	in the district in which the charter school is located. Student
163	performance data for each student in a charter school,
164	including, but not limited to, FCAT scores, standardized test
165	scores, previous public school student report cards, and student
166	performance measures, shall be provided by the sponsor to a
167	charter school in the same manner provided to other public
168	schools in the district. A total administrative fee for the
169	provision of such services shall be calculated based upon up to
170	5 percent of the available funds defined in paragraph (17)(b)
171	for all students. However, a sponsor may only withhold up to a
172	5-percent administrative fee for enrollment for up to and
173	including 500 students. For charter schools with a population of
174	501 or more students, the difference between the total
175	administrative fee calculation and the amount of the
176	administrative fee withheld may only be used for capital outlay
177	purposes specified in s. 1013.62(2). Each charter school shall
178	receive 100 percent of the funds awarded to that school pursuant
179	to s. 1012.225. Sponsors shall not charge charter schools any
180	additional fees or surcharges for administrative and educational
181	services in addition to the maximum 5-percent administrative fee
182	withheld pursuant to this paragraph.
183	Section 5.  Paragraph (b) of subsection (2) of section
184	1003.03, Florida Statutes, is amended to read:
185	1003.03  Maximum class size.--
186	(2)  IMPLEMENTATION.--
187	(b)  Determination of the number of students per classroom
188	in paragraph (a) shall be calculated as follows:
189	1.  For fiscal years 2003-2004 through 2005-2006, the
190	calculation for compliance for each of the 3 grade groupings
191	shall be the average at the district level.
192	2.  For fiscal years 2006-2007 through 2008-2009 2007-2008,
193	the calculation for compliance for each of the 3 grade groupings
194	shall be the average at the school level.
195	3.  For fiscal year years 2008-2009, 2009-2010, and
196	thereafter, the calculation for compliance shall be at the
197	individual classroom level.
198	4.  For fiscal years 2006-2007 through 2009-2010 and
199	thereafter, each teacher assigned to any classroom shall be
200	included in the calculation for compliance.
201	Section 6.  Subsection (2) of section 1007.271, Florida
202	Statutes, is amended to read:
203	1007.271  Dual enrollment programs.--
204	(2)  For the purpose of this section, an eligible secondary
205	student is a student who is enrolled in a Florida public
206	secondary school or in a Florida private secondary school which
207	is in compliance with s. 1002.42(2) and conducts a secondary
208	curriculum pursuant to s. 1003.43. Students enrolled in
209	postsecondary instruction that is not creditable toward the high
210	school diploma shall not be classified as dual enrollments.
211	Students who are eligible for dual enrollment pursuant to this
212	section shall be permitted to enroll in dual enrollment courses
213	conducted during school hours, after school hours, and during
214	the summer term. Instructional time for such enrollment may vary
215	from 900 hours; however, the school district may only report the
216	student for a maximum of 1.0 FTE, as provided in s. 1011.61(4).
217	Each semester of instruction that is eligible for high school
218	and postsecondary credit shall be reported by school districts
219	as 75 membership hours for purposes of FTE calculation. Any
220	student so enrolled is exempt from the payment of registration,
221	tuition, and laboratory fees. Vocational-preparatory
222	instruction, college-preparatory instruction, and other forms of
223	precollegiate instruction, as well as physical education courses
224	that focus on the physical execution of a skill rather than the
225	intellectual attributes of the activity, are ineligible for
226	inclusion in the dual enrollment program. Recreation and leisure
227	studies courses shall be evaluated individually in the same
228	manner as physical education courses for potential inclusion in
229	the program.
230	Section 7.  Paragraph (c) of subsection (3) and subsection
231	(10) of section 1008.22, Florida Statutes, are amended to read:
232	1008.22  Student assessment program for public schools.--
233	(3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner shall
234	design and implement a statewide program of educational
235	assessment that provides information for the improvement of the
236	operation and management of the public schools, including
237	schools operating for the purpose of providing educational
238	services to youth in Department of Juvenile Justice programs.
239	The commissioner may enter into contracts for the continued
240	administration of the assessment, testing, and evaluation
241	programs authorized and funded by the Legislature. Contracts may
242	be initiated in 1 fiscal year and continue into the next and may
243	be paid from the appropriations of either or both fiscal years.
244	The commissioner is authorized to negotiate for the sale or
245	lease of tests, scoring protocols, test scoring services, and
246	related materials developed pursuant to law. Pursuant to the
247	statewide assessment program, the commissioner shall:
248	(c)  Develop and implement a student achievement testing
249	program known as the Florida Comprehensive Assessment Test
250	(FCAT) as part of the statewide assessment program to measure
251	reading, writing, science, and mathematics. Other content areas
252	may be included as directed by the commissioner. The assessment
253	of reading and mathematics shall be administered annually in
254	grades 3 through 10. The assessment of writing and science shall
255	be administered at least once at the elementary, middle, and
256	high school levels. The commissioner must document the
257	procedures used to ensure that the versions of the FCAT which
258	are taken by students retaking the grade 10 FCAT are equally as
259	challenging and difficult as the tests taken by students in
260	grade 10 which contain performance tasks. The testing program
261	must be designed so that:
262	1.  The tests measure student skills and competencies
263	adopted by the State Board of Education as specified in
264	paragraph (a). The tests must measure and report student
265	proficiency levels of all students assessed in reading, writing,
266	mathematics, and science. The commissioner shall provide for the
267	tests to be developed or obtained, as appropriate, through
268	contracts and project agreements with private vendors, public
269	vendors, public agencies, postsecondary educational
270	institutions, or school districts. The commissioner shall obtain
271	input with respect to the design and implementation of the
272	testing program from state educators, assistive technology
273	experts, and the public.
274	2.  The testing program shall be composed will include a
275	combination of norm-referenced and criterion-referenced tests
276	that shall and include, to the extent determined by the
277	commissioner, include test items questions that require the
278	student to produce information or perform tasks in such a way
279	that the skills and competencies he or she uses can be measured.
280	3.  Each testing program, whether at the elementary,
281	middle, or high school level, includes a test of writing in
282	which students are required to produce writings that are then
283	scored by appropriate and timely methods.
284	4.  A score is designated for each subject area tested,
285	below which score a student's performance is deemed inadequate.
286	The school districts shall provide appropriate remedial
287	instruction to students who score below these levels.
288	5.  Except as provided in s. 1003.428(8)(b) or s.
289	1003.43(11)(b), students must earn a passing score on the grade
290	10 assessment test described in this paragraph or attain
291	concordant scores as described in subsection (9) in reading,
292	writing, and mathematics to qualify for a standard high school
293	diploma. The State Board of Education shall designate a passing
294	score for each part of the grade 10 assessment test. In
295	establishing passing scores, the state board shall consider any
296	possible negative impact of the test on minority students. The
297	State Board of Education shall adopt rules which specify the
298	passing scores for the grade 10 FCAT. Any such rules, which have
299	the effect of raising the required passing scores, shall only
300	apply to students taking the grade 10 FCAT for the first time
301	after such rules are adopted by the State Board of Education.
302	6.  Participation in the testing program is mandatory for
303	all students attending public school, including students served
304	in Department of Juvenile Justice programs, except as otherwise
305	prescribed by the commissioner. If a student does not
306	participate in the statewide assessment, the district must
307	notify the student's parent and provide the parent with
308	information regarding the implications of such nonparticipation.
309	A parent must provide signed consent for a student to receive
310	classroom instructional accommodations that would not be
311	available or permitted on the statewide assessments and must
312	acknowledge in writing that he or she understands the
313	implications of such instructional accommodations. The State
314	Board of Education shall adopt rules, based upon recommendations
315	of the commissioner, for the provision of test accommodations
316	for students in exceptional education programs and for students
317	who have limited English proficiency. Accommodations that negate
318	the validity of a statewide assessment are not allowable in the
319	administration of the FCAT. However, instructional
320	accommodations are allowable in the classroom if included in a
321	student's individual education plan. Students using
322	instructional accommodations in the classroom that are not
323	allowable as accommodations on the FCAT may have the FCAT
324	requirement waived pursuant to the requirements of s.
325	1003.428(8)(b) or s. 1003.43(11)(b).
326	7.  A student seeking an adult high school diploma must
327	meet the same testing requirements that a regular high school
328	student must meet.
329	8.  District school boards must provide instruction to
330	prepare students to demonstrate proficiency in the skills and
331	competencies necessary for successful grade-to-grade progression
332	and high school graduation. If a student is provided with
333	instructional accommodations in the classroom that are not
334	allowable as accommodations in the statewide assessment program,
335	as described in the test manuals, the district must inform the
336	parent in writing and must provide the parent with information
337	regarding the impact on the student's ability to meet expected
338	proficiency levels in reading, writing, and math. The
339	commissioner shall conduct studies as necessary to verify that
340	the required skills and competencies are part of the district
341	instructional programs.
342	9.  District school boards must provide opportunities for
343	students to demonstrate an acceptable level of performance on an
344	alternative standardized assessment approved by the State Board
345	of Education following enrollment in summer academies.
346	10.  The Department of Education must develop, or select,
347	and implement a common battery of assessment tools that will be
348	used in all juvenile justice programs in the state. These tools
349	must accurately measure the skills and competencies established
350	in the Sunshine State Standards.
351	11.  For students seeking a special diploma pursuant to s.
352	1003.438, the Department of Education must develop or select and
353	implement an alternate assessment tool that accurately measures
354	the skills and competencies established in the Sunshine State
355	Standards for students with disabilities under s. 1003.438.
356
357	The commissioner may, based on collaboration and input from
358	school districts, design and implement student testing programs,
359	for any grade level and subject area, necessary to effectively
360	monitor educational achievement in the state, including the
361	measurement of educational achievement of the Sunshine State
362	Standards for students with disabilities. Development and
363	refinement of assessments shall include universal design
364	principles and accessibility standards that will prevent any
365	unintended obstacles for students with disabilities while
366	ensuring the validity and reliability of the test. These
367	principles should be applicable to all technology platforms and
368	assistive devices available for the assessments. The field
369	testing process and psychometric analyses for the statewide
370	assessment program must include an appropriate percentage of
371	students with disabilities and an evaluation or determination of
372	the effect of test items on such students.
373	(10)  REPORTS.--The Department of Education shall annually
374	provide a report to the Governor, the President of the Senate,
375	and the Speaker of the House of Representatives on the
376	following:
377	(a)  Longitudinal performance of students in mathematics
378	and reading.
379	(b)  Longitudinal performance of students by grade level in
380	mathematics and reading.
381	(c)  Longitudinal performance regarding efforts to close
382	the achievement gap.
383	(d)  Longitudinal performance of students on the norm-
384	referenced component of the FCAT.
385	(d)(e)  Other student performance data based on national
386	norm-referenced and criterion-referenced tests, when available,
387	and numbers of students who after 8th grade enroll in adult
388	education rather than other secondary education.
389	Section 8.  Paragraphs (i) and (l) through (v) of
390	subsection (1), paragraph (b) of subsection (4), and subsections
391	(6) and (8) of section 1011.62, Florida Statutes, as amended by
392	chapter 2007-328, Laws of Florida, are amended, subsections (10)
393	and (11) of that section are amended and renumbered as
394	subsections (11) and (12), respectively, and a new subsection
395	(10) is added to that section, to read:
396	1011.62  Funds for operation of schools.--If the annual
397	allocation from the Florida Education Finance Program to each
398	district for operation of schools is not determined in the
399	annual appropriations act or the substantive bill implementing
400	the annual appropriations act, it shall be determined as
401	follows:
402	(1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
403	OPERATION.--The following procedure shall be followed in
404	determining the annual allocation to each district for
405	operation:
406	(i)  Calculation of full-time equivalent membership with
407	respect to dual enrollment instruction.--Students enrolled in
408	dual enrollment instruction pursuant to s. 1007.271 may be
409	included in calculations of full-time equivalent student
410	memberships for basic programs for grades 9 through 12 by a
411	district school board. Instructional time for dual enrollment
412	may vary from 900 hours; however, the school district may only
413	report the student for a maximum of 1.0 full-time equivalent
414	student membership, as provided in s. 1011.61(4). Dual
415	enrollment full-time equivalent student membership shall be
416	calculated in an amount equal to the hours of instruction that
417	would be necessary to earn the full-time equivalent student
418	membership for an equivalent course if it were taught in the
419	school district. Each semester of instruction that is eligible
420	for high school and postsecondary credit shall be reported by
421	school districts as 75 membership hours for purposes of FTE
422	calculation. Such Students in dual enrollment courses may also
423	be calculated as the proportional shares of full-time equivalent
424	enrollments they generate for a community college or university
425	conducting the dual enrollment instruction. Early admission
426	students shall be considered dual enrollments for funding
427	purposes. Students may be enrolled in dual enrollment
428	instruction provided by an eligible independent college or
429	university and may be included in calculations of full-time
430	equivalent student memberships for basic programs for grades 9
431	through 12 by a district school board. However, those provisions
432	of law which exempt dual enrolled and early admission students
433	from payment of instructional materials and tuition and fees,
434	including laboratory fees, shall not apply to students who
435	select the option of enrolling in an eligible independent
436	institution. An independent college or university which is
437	located and chartered in Florida, is not for profit, is
438	accredited by the Commission on Colleges of the Southern
439	Association of Colleges and Schools or the Accrediting Council
440	for Independent Colleges and Schools, and which confers degrees
441	as defined in s. 1005.02 shall be eligible for inclusion in the
442	dual enrollment or early admission program. Students enrolled in
443	dual enrollment instruction shall be exempt from the payment of
444	tuition and fees, including laboratory fees. No student enrolled
445	in college credit mathematics or English dual enrollment
446	instruction shall be funded as a dual enrollment unless the
447	student has successfully completed the relevant section of the
448	entry-level examination required pursuant to s. 1008.30.
449	(l)  Calculation of additional full-time equivalent
450	membership based on international baccalaureate examination
451	scores of students.--A value of 0.16 0.24 full-time equivalent
452	student membership shall be calculated for each student enrolled
453	in an international baccalaureate course who receives a score of
454	4 or higher on a subject examination. A value of 0.3 full-time
455	equivalent student membership shall be calculated for each
456	student who receives an international baccalaureate diploma.
457	Such value shall be added to the total full-time equivalent
458	student membership in basic programs for grades 9 through 12 in
459	the subsequent fiscal year. The school district shall distribute
460	to each classroom teacher who provided international
461	baccalaureate instruction:
462	1.  A bonus in the amount of $50 for each student taught by
463	the International Baccalaureate teacher in each international
464	baccalaureate course who receives a score of 4 or higher on the
465	international baccalaureate examination.
466	2.  An additional bonus of $500 to each International
467	Baccalaureate teacher in a school designated with a grade of "D"
468	or "F" who has at least one student scoring 4 or higher on the
469	international baccalaureate examination, regardless of the
470	number of classes taught or of the number of students scoring a
471	4 or higher on the international baccalaureate examination.
472	Bonuses awarded to a teacher according to this paragraph shall
473	not exceed $2,000 in any given school year and shall be in
474	addition to any regular wage or other bonus the teacher received
475	or is scheduled to receive.
476	(m)  Calculation of additional full-time equivalent
477	membership based on Advanced International Certificate of
478	Education examination scores of students.--A value of 0.16 0.24
479	full-time equivalent student membership shall be calculated for
480	each student enrolled in a full-credit Advanced International
481	Certificate of Education course who receives a score of E or
482	higher on a subject examination. A value of 0.08 0.12 full-time
483	equivalent student membership shall be calculated for each
484	student enrolled in a half-credit Advanced International
485	Certificate of Education course who receives a score of E or
486	higher on a subject examination. A value of 0.3 full-time
487	equivalent student membership shall be calculated for each
488	student who receives an Advanced International Certificate of
489	Education diploma. Such value shall be added to the total full-
490	time equivalent student membership in basic programs for grades
491	9 through 12 in the subsequent fiscal year. The school district
492	shall distribute to each classroom teacher who provided Advanced
493	International Certificate of Education instruction:
494	1.  A bonus in the amount of $50 for each student taught by
495	the Advanced International Certificate of Education teacher in
496	each full-credit Advanced International Certificate of Education
497	course who receives a score of E or higher on the Advanced
498	International Certificate of Education examination. A bonus in
499	the amount of $25 for each student taught by the Advanced
500	International Certificate of Education teacher in each half-
501	credit Advanced International Certificate of Education course
502	who receives a score of E or higher on the Advanced
503	International Certificate of Education examination.
504	2.  An additional bonus of $500 to each Advanced
505	International Certificate of Education teacher in a school
506	designated with a grade of "D" or "F" who has at least one
507	student scoring E or higher on the full-credit Advanced
508	International Certificate of Education examination, regardless
509	of the number of classes taught or of the number of students
510	scoring an E or higher on the full-credit Advanced International
511	Certificate of Education examination.
512	3.  Additional bonuses of $250 each to teachers of half-
513	credit Advanced International Certificate of Education classes
514	in a school designated with a grade of "D" or "F" which has at
515	least one student scoring an E or higher on the half-credit
516	Advanced International Certificate of Education examination in
517	that class. The maximum additional bonus for a teacher awarded
518	in accordance with this subparagraph shall not exceed $500 in
519	any given school year. Teachers receiving an award under
520	subparagraph 2. are not eligible for a bonus under this
521	subparagraph.
522
523	Bonuses awarded to a teacher according to this paragraph shall
524	not exceed $2,000 in any given school year and shall be in
525	addition to any regular wage or other bonus the teacher received
526	or is scheduled to receive.
527	(n)  Calculation of additional full-time equivalent
528	membership based on college board advanced placement scores of
529	students.--A value of 0.16 0.24 full-time equivalent student
530	membership shall be calculated for each student in each advanced
531	placement course who receives a score of 3 or higher on the
532	College Board Advanced Placement Examination for the prior year
533	and added to the total full-time equivalent student membership
534	in basic programs for grades 9 through 12 in the subsequent
535	fiscal year. Each district must allocate at least 80 percent of
536	the funds provided to the district for advanced placement
537	instruction, in accordance with this paragraph, to the high
538	school that generates the funds. The school district shall
539	distribute to each classroom teacher who provided advanced
540	placement instruction:
541	1.  A bonus in the amount of $50 for each student taught by
542	the Advanced Placement teacher in each advanced placement course
543	who receives a score of 3 or higher on the College Board
544	Advanced Placement Examination.
545	2.  An additional bonus of $500 to each Advanced Placement
546	teacher in a school designated with a grade of "D" or "F" who
547	has at least one student scoring 3 or higher on the College
548	Board Advanced Placement Examination, regardless of the number
549	of classes taught or of the number of students scoring a 3 or
550	higher on the College Board Advanced Placement Examination.
551	Bonuses awarded to a teacher according to this paragraph shall
552	not exceed $2,000 in any given school year and shall be in
553	addition to any regular wage or other bonus the teacher received
554	or is scheduled to receive.
555	(o)  Calculation of additional full-time equivalent
556	membership based on completion of high school level algebra
557	courses by students in grades 6 through 8.--A value of 0.088
558	full-time equivalent student membership shall be calculated for
559	each student in grades 6 through 8 who completes a high school
560	level algebra course and receives a grade of C or better. Such
561	value shall be added to the total full-time equivalent student
562	membership in basic programs for grades 6 through 8. Each
563	district must allocate the funds provided to the district for
564	students in grades 6 through 8 who complete a high school level
565	algebra course and receive a grade of C or better to the school
566	that generated the funds.
567	(p)  Calculation of supplemental allocation for juvenile
568	justice education programs.--Beginning with the 2007-2008
569	General Appropriations Act, the total K-12 weighted full-time
570	equivalent student membership in juvenile justice education
571	programs in each school district shall be multiplied by the
572	amount of the state average class-size-reduction factor
573	multiplied by the district's cost differential. An amount equal
574	to the sum of this calculation shall be allocated in the FEFP to
575	each school district to supplement other sources of funding for
576	students in juvenile justice education programs.
577	(o)(q)  Calculation of additional full-time equivalent
578	membership based on certification of successful completion of
579	industry-certified career and professional academy programs
580	pursuant to s. 1003.492.--A value of 0.3 full-time equivalent
581	student membership shall be calculated for each student who
582	completes an industry-certified career and professional academy
583	program under s. 1003.492 and who is issued the highest level of
584	an industry certification and a high school diploma certificate.
585	Such value shall be added to the total full-time equivalent
586	student membership in secondary career education programs for
587	grades 9 through 12 in the subsequent year for courses that were
588	not funded through dual enrollment. The additional full-time
589	equivalent membership authorized under this paragraph may not
590	exceed 0.3 per student. Unless a different amount is specified
591	in the General Appropriations Act, the appropriation for this
592	calculation is limited to $15 $30 million annually. If the
593	appropriation is insufficient to fully fund the total
594	calculation, the appropriation shall be prorated.
595	(p)(r)  Calculation of additional full-time equivalent
596	membership for the Florida Virtual School.--The total reported
597	full-time equivalent student membership for the Florida Virtual
598	School shall be multiplied by 0.114, and such value shall be
599	added to the total full-time equivalent student membership.
600	(q)(s)  Year-round-school programs.--The Commissioner of
601	Education is authorized to adjust student eligibility
602	definitions, funding criteria, and reporting requirements of
603	statutes and rules in order that year-round-school programs may
604	achieve equivalent application of funding requirements with non-
605	year-round-school programs.
606	(r)(t)  Extended-school-year program.--It is the intent of
607	the Legislature that students be provided additional instruction
608	by extending the school year to 210 days or more. Districts may
609	apply to the Commissioner of Education for funds to be used in
610	planning and implementing an extended-school-year program. The
611	Department of Education shall recommend to the Legislature the
612	policies necessary for full implementation of an extended school
613	year.
614	(s)(u)  Determination of the basic amount for current
615	operation.--The basic amount for current operation to be
616	included in the Florida Education Finance Program for
617	kindergarten through grade 12 for each district shall be the
618	product of the following:
619	1.  The full-time equivalent student membership in each
620	program, multiplied by
621	2.  The cost factor for each program, adjusted for the
622	maximum as provided by paragraph (c), multiplied by
623	3.  The base student allocation.
624	(t)(v)  Computation for funding through the Florida
625	Education Finance Program.--The State Board of Education may
626	adopt rules establishing programs and courses for which the
627	student may earn credit toward high school graduation.
628	(4)  COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.--The
629	Legislature shall prescribe the aggregate required local effort
630	for all school districts collectively as an item in the General
631	Appropriations Act for each fiscal year. The amount that each
632	district shall provide annually toward the cost of the Florida
633	Education Finance Program for kindergarten through grade 12
634	programs shall be calculated as follows:
635	(b)  Final calculation.--
636	1.  The taxable value for school purposes certified by the
637	Department of Revenue which is used in the fourth calculation
638	with the annualized full-time student membership from the
639	February student survey shall be the final taxable value used in
640	the final calculation. On September 1 of each year, the
641	Department of Revenue shall certify to the Commissioner of
642	Education the total of the prior year final taxable value for
643	school purposes in each school district and the total for all
644	school districts in the state. The commissioner shall use the
645	final taxable value certified on September 1 for school purposes
646	for each school district in the final calculation of the annual
647	Florida Education Finance Program allocations.
648	2.  For purposes of this paragraph, the final taxable value
649	for school purposes shall be the taxable value for school
650	purposes on which the tax bills are computed and mailed to the
651	taxpayers, adjusted to reflect final administrative actions of
652	value adjustment boards and judicial decisions pursuant to
653	chapter 194. For each county that has not submitted a revised
654	tax roll reflecting final value adjustment board actions and
655	final judicial decisions, the Department of Revenue shall
656	certify the most recent revision of the taxable value for school
657	purposes. The value certified under subparagraph 1. on September
658	1 shall be the final taxable value for school purposes for that
659	year, and no further adjustments shall be made, except those
660	made pursuant to paragraph (12)(11)(b).
661	(6)  CATEGORICAL FUNDS.--
662	(a)  In addition to the basic amount for current operations
663	for the FEFP as determined in subsection (1), the Legislature
664	may appropriate categorical funding for specified programs,
665	activities, or purposes.
666	(b)  If a district school board finds and declares in a
667	resolution adopted at a regular meeting of the school board that
668	the funds received for any of the following categorical
669	appropriations are urgently needed to maintain school board
670	specified academic classroom instruction, the school board may
671	consider and approve an amendment to the school district
672	operating budget transferring the identified amount of the
673	categorical funds to the appropriate account for expenditure:
674	1.  Funds for student transportation.
675	2.  Funds for safe schools.
676	3.  Funds for supplemental academic instruction.
677	4.  Funds for research-based reading instruction.
678	5.  Funds for instructional materials if all instructional
679	material purchases have been completed for that fiscal year, but
680	no sooner than March 1, 2009.
681	(c)  Each district school board shall include in its annual
682	financial report to the Department of Education the amount of
683	funds the school board transferred from each of the categorical
684	funds identified in this subsection and the specific academic
685	classroom instruction for which the transferred funds were
686	expended. The Department of Education shall provide instructions
687	and specify the format to be used in submitting this required
688	information as a part of the district annual financial report.
689	The Department of Education shall submit a report to the
690	Legislature that identifies by district and by categorical fund
691	the amount transferred and the specific academic classroom
692	activity for which the funds were expended.
693	(d)  If a district school board transfers funds from its
694	research-based reading instruction allocation, the board must
695	also submit to the Department of Education an amendment
696	describing the changes that the district is making to its
697	reading plan approved pursuant to paragraph (9)(d).
698	(8)  DECLINE IN FULL-TIME EQUIVALENT STUDENTS.--In those
699	districts where there is a decline between prior year and
700	current year unweighted FTE students, a percentage 50 percent of
701	the decline in the unweighted FTE students as determined by the
702	Legislature shall be multiplied by the prior year calculated
703	FEFP per unweighted FTE student and shall be added to the
704	allocation for that district. For this purpose, the calculated
705	FEFP shall be computed by multiplying the weighted FTE students
706	by the base student allocation and then by the district cost
707	differential. If a district transfers a program to another
708	institution not under the authority of the district's school
709	board, including a charter technical career center, the decline
710	is to be multiplied by a factor of 0.15. However, if the funds
711	provided for the Florida Education Finance Program in the
712	General Appropriations Act for any fiscal year are reduced by a
713	subsequent appropriation for that fiscal year, the percent of
714	the decline in the unweighted FTE students to be funded shall be
715	determined by the Legislature and designated in the subsequent
716	appropriation.
717	(10)  CALCULATION OF SUPPLEMENTAL ALLOCATION FOR JUVENILE
718	JUSTICE EDUCATION PROGRAMS.--The total K-12 weighted full-time
719	equivalent student membership in juvenile justice education
720	programs in each school district shall be multiplied by the
721	amount of the state average class-size-reduction factor
722	multiplied by the district's cost differential. An amount equal
723	to the sum of this calculation shall be allocated in the FEFP to
724	each school district to supplement other sources of funding for
725	students in juvenile justice education programs.
726	(11)(10)  QUALITY ASSURANCE GUARANTEE.--The Legislature may
727	annually in the General Appropriations Act determine a
728	percentage increase in funds per K-12 unweighted FTE as a
729	minimum guarantee to each school district. The guarantee shall
730	be calculated from prior year base funding per unweighted FTE
731	student which shall include the adjusted FTE dollars as provided
732	in subsection (12) (11), quality guarantee funds, and actual
733	nonvoted discretionary local effort from taxes. From the base
734	funding per unweighted FTE, the increase shall be calculated for
735	the current year. The current year funds from which the
736	guarantee shall be determined shall include the adjusted FTE
737	dollars as provided in subsection (12) (11) and potential
738	nonvoted discretionary local effort from taxes. A comparison of
739	current year funds per unweighted FTE to prior year funds per
740	unweighted FTE shall be computed. For those school districts
741	which have less than the legislatively assigned percentage
742	increase, funds shall be provided to guarantee the assigned
743	percentage increase in funds per unweighted FTE student. Should
744	appropriated funds be less than the sum of this calculated
745	amount for all districts, the commissioner shall prorate each
746	district's allocation. This provision shall be implemented to
747	the extent specifically funded.
748	(12)(11)  TOTAL ALLOCATION OF STATE FUNDS TO EACH DISTRICT
749	FOR CURRENT OPERATION.--The total annual state allocation to
750	each district for current operation for the FEFP shall be
751	distributed periodically in the manner prescribed in the General
752	Appropriations Act.
753	(a)  The basic amount for current operation for the FEFP as
754	determined in subsection (1), multiplied by the district cost
755	differential factor as determined in subsection (2), plus the
756	amounts provided for categorical components within the FEFP,
757	plus the discretionary millage compression supplement as
758	determined in subsection (5), the amount for the sparsity
759	supplement as determined in subsection (7), the decline in full-
760	time equivalent students as determined in subsection (8), the
761	research-based reading instruction allocation as determined in
762	subsection (9), the allocation for juvenile justice education
763	programs as determined in subsection (10), and the quality
764	assurance guarantee as determined in subsection (11) (10), less
765	the required local effort as determined in subsection (4). If
766	the funds appropriated for the purpose of funding the total
767	amount for current operation as provided in this paragraph are
768	not sufficient to pay the state requirement in full, the
769	department shall prorate the available state funds to each
770	district in the following manner:
771	1.  Determine the percentage of proration by dividing the
772	sum of the total amount for current operation, as provided in
773	this paragraph for all districts collectively, and the total
774	district required local effort into the sum of the state funds
775	available for current operation and the total district required
776	local effort.
777	2.  Multiply the percentage so determined by the sum of the
778	total amount for current operation as provided in this paragraph
779	and the required local effort for each individual district.
780	3.  From the product of such multiplication, subtract the
781	required local effort of each district; and the remainder shall
782	be the amount of state funds allocated to the district for
783	current operation.
784	(b)  The amount thus obtained shall be the net annual
785	allocation to each school district. However, if it is determined
786	that any school district received an underallocation or
787	overallocation for any prior year because of an arithmetical
788	error, assessment roll change required by final judicial
789	decision, full-time equivalent student membership error, or any
790	allocation error revealed in an audit report, the allocation to
791	that district shall be appropriately adjusted. Beginning with
792	audits for the 2001-2002 fiscal year, if the adjustment is the
793	result of an audit finding in which group 2 FTE are reclassified
794	to the basic program and the district weighted FTE are over the
795	weighted enrollment ceiling for group 2 programs, the adjustment
796	shall not result in a gain of state funds to the district. If
797	the Department of Education audit adjustment recommendation is
798	based upon controverted findings of fact, the Commissioner of
799	Education is authorized to establish the amount of the
800	adjustment based on the best interests of the state.
801	(c)  The amount thus obtained shall represent the net
802	annual state allocation to each district; however,
803	notwithstanding any of the provisions herein, each district
804	shall be guaranteed a minimum level of funding in the amount and
805	manner prescribed in the General Appropriations Act.
806	Section 9.  The amendments to s. 1011.62(6), Florida
807	Statutes, made by this act shall expire July 1, 2009, and the
808	text of that subsection shall revert to that in existence on the
809	day before the effective date of chapter 2007-328, Laws of
810	Florida, except that any amendments to such text enacted other
811	than by this act shall be preserved and continue to operate to
812	the extent that such amendments are not dependent upon the
813	portions of such text that expire pursuant to this section.
814	Section 10.  Section 1011.71, Florida Statutes, as amended
815	by chapters 2007-328 and 2008-2, Laws of Florida, is amended to
816	read:
817	1011.71  District school tax.--
818	(1)  If the district school tax is not provided in the
819	General Appropriations Act or the substantive bill implementing
820	the General Appropriations Act, each district school board
821	desiring to participate in the state allocation of funds for
822	current operation as prescribed by s. 1011.62(12)(11) shall levy
823	on the taxable value for school purposes of the district,
824	exclusive of millage voted under the provisions of s. 9(b) or s.
825	12, Art. VII of the State Constitution, a millage rate not to
826	exceed the amount certified by the commissioner as the minimum
827	millage rate necessary to provide the district required local
828	effort for the current year, pursuant to s. 1011.62(4)(a)1. In
829	addition to the required local effort millage levy, each
830	district school board may levy a nonvoted current operating
831	discretionary millage. The Legislature shall prescribe annually
832	in the appropriations act the maximum amount of millage a
833	district may levy.
834	(2)  In addition to the maximum millage levy as provided in
835	subsection (1), each school board may levy not more than 1.75
836	mills 2 mills against the taxable value for school purposes for
837	district schools, including charter schools at the discretion of
838	the school board, to fund:
839	(a)  New construction and remodeling projects, as set forth
840	in s. 1013.64(3)(b) and (6)(b) and included in the district's
841	educational plant survey pursuant to s. 1013.31, without regard
842	to prioritization, sites and site improvement or expansion to
843	new sites, existing sites, auxiliary facilities, athletic
844	facilities, or ancillary facilities.
845	(b)  Maintenance, renovation, and repair of existing school
846	plants or of leased facilities to correct deficiencies pursuant
847	to s. 1013.15(2).
848	(c)  The purchase, lease-purchase, or lease of school
849	buses.
850	(d)  The purchase, lease-purchase, or lease of new and
851	replacement equipment.
852	(e)  Payments for educational facilities and sites due
853	under a lease-purchase agreement entered into by a district
854	school board pursuant to s. 1003.02(1)(f) or s. 1013.15(2), not
855	exceeding, in the aggregate, an amount equal to three-fourths of
856	the proceeds from the millage levied by a district school board
857	pursuant to this subsection.
858	(f)  Payment of loans approved pursuant to ss. 1011.14 and
859	1011.15.
860	(g)  Payment of costs directly related to complying with
861	state and federal environmental statutes, rules, and regulations
862	governing school facilities.
863	(h)  Payment of costs of leasing relocatable educational
864	facilities, of renting or leasing educational facilities and
865	sites pursuant to s. 1013.15(2), or of renting or leasing
866	buildings or space within existing buildings pursuant to s.
867	1013.15(4).
868	(i)  Payment of the cost of school buses when a school
869	district contracts with a private entity to provide student
870	transportation services if the district meets the requirements
871	of this paragraph.
872	1.  The district's contract must require that the private
873	entity purchase, lease-purchase, or lease, and operate and
874	maintain, one or more school buses of a specific type and size
875	that meet the requirements of s. 1006.25.
876	2.  Each such school bus must be used for the daily
877	transportation of public school students in the manner required
878	by the school district.
879	3.  Annual payment for each such school bus may not exceed
880	10 percent of the purchase price of the state pool bid.
881	4.  The proposed expenditure of the funds for this purpose
882	must have been included in the district school board's notice of
883	proposed tax for school capital outlay as provided in s.
884	200.065(10).
885	(j)  Payment of the cost of the opening day collection for
886	the library media center of a new school.
887	(3)  If the revenue from the millage authorized in
888	subsection (2) is insufficient to make payments due under a
889	lease-purchase agreement entered into prior to June 30, 2008, by
890	a district school board pursuant to paragraph (2)(e), an amount
891	up to 0.25 mills of the taxable value for school purposes within
892	the school district shall be legally available for such
893	payments, notwithstanding other restrictions on the use of such
894	revenues imposed by law.
895	(4)(3)  A school district that has met the reduction
896	requirements regarding class size for the 2008-2009 fiscal
897	current year pursuant to s. 1003.03 for K-12 students for whom
898	the school district provides the educational facilities, has
899	received an unqualified opinion on its financial statements for
900	the preceding 3 years, has no material weaknesses or instances
901	of material noncompliance noted in an audit for the preceding 3
902	years, and certifies to the Commissioner of Education that the
903	district does not need all of its discretionary 1.75-mill
904	capital improvement revenue for capital outlay purposes and all
905	of the district's instructional space needs for the next 5 years
906	can be met from capital outlay sources that the district
907	reasonably expects to receive during the next 5 years from local
908	revenues and from currently appropriated state facilities
909	funding or from alternative scheduling or construction, leasing,
910	rezoning, or technological methodologies that exhibit sound
911	management may expend, subject to the provisions of s. 200.065,
912	up to $65 per unweighted full-time equivalent student from the
913	revenue generated by the 2008-2009 millage levy authorized by
914	subsection (2) to fund, in addition to expenditures authorized
915	in paragraphs (2)(a)-(j), 2008-2009 expenses for the following:
916	(a)  The purchase, lease-purchase, or lease of driver's
917	education vehicles; motor vehicles used for the maintenance or
918	operation of plants and equipment; security vehicles; or
919	vehicles used in storing or distributing materials and
920	equipment.
921	(b)  Payment of the cost of premiums for property and
922	casualty insurance necessary to insure school district
923	educational and ancillary plants. Operating revenues that are
924	made available through the payment of property and casualty
925	insurance premiums from revenues generated under this subsection
926	may be expended only for nonrecurring operational expenditures
927	of the school district.
928	(5)(4)  Violations of the expenditure provisions in
929	subsection (2) or subsection (4) (3) shall result in an equal
930	dollar reduction in the Florida Education Finance Program (FEFP)
931	funds for the violating district in the fiscal year following
932	the audit citation.
933	(6)(5)  These taxes shall be certified, assessed, and
934	collected as prescribed in s. 1011.04 and shall be expended as
935	provided by law.
936	(7)(6)  Nothing in s. 1011.62(4)(a)1. shall in any way be
937	construed to increase the maximum school millage levies as
938	provided for in subsection (1).
939	(8)(7)  In addition to the maximum millage levied under
940	this section and the General Appropriations Act, a school
941	district may levy, by local referendum or in a general election,
942	additional millage for school operational purposes up to an
943	amount that, when combined with nonvoted millage levied under
944	this section, does not exceed the 10-mill limit established in
945	s. 9(b), Art. VII of the State Constitution. Any such levy shall
946	be for a maximum of 4 years and shall be counted as part of the
947	10-mill limit established in s. 9(b), Art. VII of the State
948	Constitution. Millage elections conducted under the authority
949	granted pursuant to this section are subject to s. 1011.73.
950	Funds generated by such additional millage do not become a part
951	of the calculation of the Florida Education Finance Program
952	total potential funds in 2001-2002 or any subsequent year and
953	must not be incorporated in the calculation of any hold-harmless
954	or other component of the Florida Education Finance Program
955	formula in any year. If an increase in required local effort,
956	when added to existing millage levied under the 10-mill limit,
957	would result in a combined millage in excess of the 10-mill
958	limit, any millage levied pursuant to this subsection shall be
959	considered to be required local effort to the extent that the
960	district millage would otherwise exceed the 10-mill limit.
961	Section 11.  The amendments to subsection (3) of s.
962	1011.71, Florida Statutes, renumbered as subsection (4) by this
963	act, shall expire July 1, 2009, and the text of that subsection
964	shall revert to that in existence on the day before the
965	effective date of chapter 2007-328, Laws of Florida, except that
966	any amendments to such text enacted other than by this act shall
967	be preserved and continue to operate to the extent that such
968	amendments are not dependent upon the portions of such text that
969	expire pursuant to this section.
970	Section 12.  Subsection (2) of section 1011.73, Florida
971	Statutes, is amended to read:
972	1011.73  District millage elections.--
973	(2)  MILLAGE AUTHORIZED NOT TO EXCEED 4 YEARS.--The
974	district school board, pursuant to resolution adopted at a
975	regular meeting, shall direct the county commissioners to call
976	an election at which the electors within the school district may
977	approve an ad valorem tax millage as authorized under s.
978	1011.71(8)(7). Such election may be held at any time, except
979	that not more than one such election shall be held during any
980	12-month period. Any millage so authorized shall be levied for a
981	period not in excess of 4 years or until changed by another
982	millage election, whichever is earlier. If any such election is
983	invalidated by a court of competent jurisdiction, such
984	invalidated election shall be considered not to have been held.
985	Section 13.  Paragraph (e) is added to subsection (5) of
986	section 1012.225, Florida Statutes, to read:
987	1012.225  Merit Award Program for Instructional Personnel
988	and School-Based Administrators.--
989	(5)  REVIEW OF PERFORMANCE-BASED PAY PLANS.--
990	(e)  Districts that do not have an approved plan for the
991	2008-2009 school year may submit a plan for the 2008-2009 school
992	year by October 1, 2008.
993	Section 14.  Section 1012.72, Florida Statutes, as amended
994	by chapter 2007-328, Laws of Florida, is amended to read:
995	1012.72  Dale Hickam Excellent Teaching Program.--
996	(1)  The Legislature recognizes that teachers play a
997	critical role in preparing students to achieve the high levels
998	of academic performance expected by the Sunshine State
999	Standards. The Legislature further recognizes the importance of
1000	identifying and rewarding teaching excellence and of encouraging
1001	good teachers to become excellent teachers. The Legislature
1002	finds that the National Board for of Professional Teaching
1003	Standards (NBPTS) has established high and rigorous standards
1004	for accomplished teaching and has developed a national voluntary
1005	system for assessing and certifying teachers who demonstrate
1006	teaching excellence by meeting those standards. It is therefore
1007	the Legislature's intent to provide incentives for teachers to
1008	seek NBPTS certification and to reward teachers who demonstrate
1009	teaching excellence by attaining NBPTS certification and sharing
1010	their expertise with other teachers.
1011	(2)  The Dale Hickam Excellent Teaching Program is created
1012	to provide categorical funding for monetary incentives and
1013	bonuses for teaching excellence. The bonuses may be provided for
1014	initial certification for up to one 10-year period. The
1015	Department of Education shall distribute to each school district
1016	or to the NBPTS an amount as prescribed annually by the
1017	Legislature for the Dale Hickam Excellent Teaching Program. For
1018	purposes of this section, the Florida School for the Deaf and
1019	the Blind shall be considered a school district. Unless
1020	otherwise provided in the General Appropriations Act, each
1021	distribution shall be the sum of the amounts earned for the
1022	following incentives and bonuses:
1023	(a)  A fee subsidy to be paid by the Department of
1024	Education to the NBPTS on behalf of each individual who is an
1025	employee of a district school board or a public school within
1026	the school district, who is certified by the district to have
1027	demonstrated satisfactory teaching performance pursuant to s.
1028	1012.34 and who satisfies the prerequisites for participating in
1029	the NBPTS certification program, and who agrees, in writing, to
1030	pay 10 percent of the NBPTS participation fee and to participate
1031	in the NBPTS certification program during the school year for
1032	which the fee subsidy is provided. The fee subsidy for each
1033	eligible participant shall be an amount equal to 90 percent of
1034	the fee charged for participating in the NBPTS certification
1035	program. The fee subsidy is a one-time award and may not be
1036	duplicated for any individual.
1037	(b)  A portfolio-preparation incentive of $150 paid by the
1038	Department of Education to each teacher employed by a district
1039	school board or a public school within a school district who is
1040	participating in the NBPTS certification program. The portfolio-
1041	preparation incentive is a one-time award paid during the school
1042	year for which the NBPTS fee subsidy is provided.
1043	(a)(c)  An annual bonus equal to 10 percent of the prior
1044	fiscal year's statewide average salary for classroom teachers to
1045	be distributed to the school district to be paid to each
1046	individual who holds NBPTS certification and is employed by the
1047	district school board or by a public school within the school
1048	district. The district school board shall distribute the annual
1049	bonus to each individual who meets the requirements of this
1050	paragraph and who is certified annually by the district to have
1051	demonstrated satisfactory teaching performance pursuant to s.
1052	1012.34. The annual bonus may be paid as a single payment or
1053	divided into not more than three payments.
1054	(b)(d)  An annual bonus equal to 10 percent of the prior
1055	fiscal year's statewide average salary for classroom teachers to
1056	be distributed to the school district to be paid to each
1057	individual who meets the requirements of paragraph (a) (c) and
1058	agrees, in writing, to provide the equivalent of 12 workdays of
1059	mentoring and related services to public school teachers within
1060	the state who do not hold NBPTS certification. Related services
1061	must include instruction in helping teachers work more
1062	effectively with the families of their students. The district
1063	school board shall distribute the annual bonus in a single
1064	payment following the completion of all required mentoring and
1065	related services for the year. It is not the intent of the
1066	Legislature to remove excellent teachers from their assigned
1067	classrooms; therefore, credit may not be granted by a school
1068	district or public school for mentoring or related services
1069	provided during student contact time during the 196 days of
1070	required service for the school year.
1071	(c)(e)  The employer's share of social security and
1072	Medicare taxes and Florida Retirement System contributions for
1073	those teachers who qualify for NBPTS certification and receive
1074	bonus amounts under paragraph (a) or paragraph (b).
1075
1076	A teacher for whom the state pays the certification fee and who
1077	does not complete the certification program or does not teach in
1078	a public school of this state for at least 1 year after
1079	completing the certification program must repay the amount of
1080	the certification fee to the state. However, a teacher who
1081	completes the certification program but fails to be awarded
1082	NBPTS certification is not required to repay the amount of the
1083	certification fee if the teacher meets the 1-year teaching
1084	requirement. Repayment is not required of a teacher who does not
1085	complete the certification program or fails to fulfill the
1086	teaching requirement because of the teacher's death or
1087	disability or because of other extenuating circumstances as
1088	determined by the State Board of Education.
1089	(3)(a)  In addition to any other remedy available under the
1090	law, any person who is a recipient of a certification fee
1091	subsidy paid to the NBPTS and who is an employee of the state or
1092	any of its political subdivisions is considered to have
1093	consented, as a condition of employment, to the voluntary or
1094	involuntary withholding of wages to repay to the state the
1095	amount of such a certification fee subsidy awarded under this
1096	section. Any such employee who defaults on the repayment of such
1097	a certification fee subsidy must, within 60 days after service
1098	of a notice of default by the Department of Education to the
1099	employee, establish a repayment schedule which must be agreed to
1100	by the department and the employee, for repaying the defaulted
1101	sum through payroll deductions. The department may not require
1102	the employee to pay more than 10 percent of the employee's pay
1103	per pay period under such a repayment schedule or plan. If the
1104	employee fails to establish a repayment schedule within the
1105	specified period of time or fails to meet the terms and
1106	conditions of the agreed upon or approved repayment schedule as
1107	authorized by this subsection, the employee has breached an
1108	essential condition of employment and is considered to have
1109	consented to the involuntary withholding of wages or salary for
1110	the repayment of the certification fee subsidy.
1111	(b)  A person who is employed by the state, or any of its
1112	political subdivisions, may not be dismissed for having
1113	defaulted on the repayment of the certification fee subsidy to
1114	the state.
1115	(4)  The State Board of Education may adopt rules pursuant
1116	to ss. 120.536 and 120.54 as necessary to administer the
1117	provisions for payment of the fee subsidies, incentives, and
1118	bonuses and for the repayment of defaulted certification fee
1119	subsidies under this section.
1120	(3)(5)  If the funds available in any fiscal year are
1121	insufficient to pay in full the annual bonuses for certification
1122	and for providing mentoring and related services, payments for
1123	providing mentoring and related services shall be prorated among
1124	the eligible recipients. If the mentoring and related services
1125	are prorated, school districts may pay a portion or all of the
1126	balance. If funds are insufficient to pay in full the annual
1127	bonuses for certification, payments of bonuses for certification
1128	shall be prorated among the eligible recipients.
1129	Section 15.  Subsection (4) of section 1013.45, Florida
1130	Statutes, is amended to read:
1131	1013.45  Educational facilities contracting and
1132	construction techniques.--
1133	(4)  Except as otherwise provided in this section and s.
1134	481.229, the services of a registered architect must be used for
1135	the development of plans for the erection, enlargement, or
1136	alteration of any educational facility. The services of a
1137	registered architect are not required for a minor renovation
1138	project for which the construction cost is less than $50,000 or
1139	for the placement or hookup of relocatable educational
1140	facilities that conform with standards adopted under s. 1013.37.
1141	However, boards must provide compliance with building code
1142	requirements and ensure that these structures are adequately
1143	anchored for wind resistance as required by law. A district
1144	school board shall Boards are encouraged to consider the reuse
1145	of existing construction documents or design criteria packages
1146	if where such reuse is feasible and practical. If a school
1147	district's 5-year educational facilities work plan includes the
1148	construction of two or more new schools for students in the same
1149	grade group and program, such as elementary, middle, or high
1150	school, the district school board shall require that prototype
1151	design and construction be used for the construction of these
1152	schools. Notwithstanding s. 287.055, a board may purchase the
1153	architectural services for the design of educational or
1154	ancillary facilities under an existing contract agreement for
1155	professional services held by a district school board in the
1156	State of Florida, provided that the purchase is to the economic
1157	advantage of the purchasing board, the services conform to the
1158	standards prescribed by rules of the State Board of Education,
1159	and such reuse is not without notice to, and permission from,
1160	the architect of record whose plans or design criteria are being
1161	reused. Plans shall be reviewed for compliance with the state
1162	requirements for educational facilities. Rules adopted under
1163	this section must establish uniform prequalification, selection,
1164	bidding, and negotiation procedures applicable to construction
1165	management contracts and the design-build process. This section
1166	does not supersede any small, woman-owned or minority-owned
1167	business enterprise preference program adopted by a board.
1168	Except as otherwise provided in this section, the negotiation
1169	procedures applicable to construction management contracts and
1170	the design-build process must conform to the requirements of s.
1171	287.055. A board may not modify any rules regarding construction
1172	management contracts or the design-build process.
1173	Section 16.  This act shall take effect July 1, 2008.

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