Amendment
Bill No. CS/CS/SB 1676

Amendment No. 330629

CHAMBER ACTION
Senate		House
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1	Representative Flores offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5
6	Section 1.  Paragraph (a) of subsection (4) of section
7	1001.20, Florida Statutes, is amended to read:
8	1001.20  Department under direction of state board.--
9	(4)  The Department of Education shall establish the
10	following offices within the Office of the Commissioner of
11	Education which shall coordinate their activities with all other
12	divisions and offices:
13	(a)  Office of Technology and Information
14	Services.--Responsible for developing a systemwide technology
15	plan, making budget recommendations to the commissioner,
16	providing data collection and management for the system,
17	assisting school districts in securing Internet access and
18	telecommunications services, including those eligible for
19	funding under the Schools and Libraries Program of the federal
20	Universal Service Fund, and coordinating services with other
21	state, local, and private agencies. The office shall develop a
22	method to address the need for a statewide approach to planning
23	and operations of library and information services to achieve a
24	single K-20 education system library information portal and a
25	unified higher education library management system. The Florida
26	Virtual School shall be administratively housed within the
27	office.
28	Section 2.  Section 1001.271, Florida Statutes, is created
29	to read:
30	1001.271  Florida Information Resource Network.--Upon
31	requisition by school districts, community colleges,
32	universities, or other eligible users of the Florida Information
33	Resource Network, the Commissioner of Education shall purchase
34	the nondiscounted portion of Internet access services,
35	including, but not limited to, circuits, encryption, content
36	filtering, support, and any other services needed for the
37	effective and efficient operation of the network. Each user
38	shall identify in its requisition the source of funds from which
39	the commissioner is to make payments.
40	Section 3.  Subsection (2) of section 1001.28, Florida
41	Statutes, is amended to read:
42	1001.28  Distance learning duties.--The duties of the
43	Department of Education concerning distance learning include,
44	but are not limited to, the duty to:
45	(2)  Coordinate the use of existing resources, including,
46	but not limited to, the state's satellite transponders on the
47	education satellites, the SUNCOM Network, the Florida
48	Information Resource Network (FIRN), and the Florida Knowledge
49	Network the Department of Management Services, the Department of
50	Corrections, and the Department of Children and Family Services'
51	satellite communication facilities to support a statewide
52	advanced telecommunications services and distance learning
53	initiatives network.
54
55	Nothing in this section shall be construed to abrogate,
56	supersede, alter, or amend the powers and duties of any state
57	agency, district school board, community college board of
58	trustees, university board of trustees, the Board of Governors,
59	or the State Board of Education.
60	Section 4.  Subsection (3) is added to section 1001.395,
61	Florida Statutes, as amended by chapter 2009-3, Laws of Florida,
62	to read:
63	1001.395  District school board members; compensation.--
64	(3)  Notwithstanding the provisions of this section and s.
65	145.19, for the 2009-2010 fiscal year, the salary of each
66	district school board member shall be the amount calculated
67	pursuant to subsection (1) or the salary of members of the
68	Legislature, pursuant to s. 11.13 or any other law, whichever is
69	less.
70	Section 5.  Paragraph (a) of subsection (12) and subsection
71	(25) of section 1001.42, Florida Statutes, as amended by chapter
72	2009-3, Laws of Florida, are amended to read:
73	1001.42  Powers and duties of district school board.--The
74	district school board, acting as a board, shall exercise all
75	powers and perform all duties listed below:
76	(12)  FINANCE.--Take steps to assure students adequate
77	educational facilities through the financial procedure
78	authorized in chapters 1010 and 1011 and as prescribed below:
79	(a)  Provide for all schools to operate at least 180
80	days.--Provide for the operation of all public schools, both
81	elementary and secondary, as free schools for a term of at least
82	180 days or the equivalent on an hourly basis as specified by
83	rules of the State Board of Education; determine district school
84	funds necessary in addition to state funds to operate all
85	schools for such minimum term; and arrange for the levying of
86	district school taxes necessary to provide the amount needed
87	from district sources. Nothing in this section, s. 1003.02, or
88	s. 1011.60 may preclude a school district from extending the
89	school year beyond 180 days or the equivalent on an hourly
90	basis.
91	(25)  EMPLOYMENT CONTRACTS.--On or after February 1, 2009,
92	A district school board may not enter into an employment
93	contract that is funded from state funds and that requires the
94	district to pay from state funds an employee an amount in excess
95	of 1 year of the employee's annual salary for termination, buy-
96	out, or any other type of contract settlement. This subsection
97	does not prohibit the payment of earned leave and benefits in
98	accordance with the district's leave and benefits policies which
99	are accrued by the employee before the contract terminates.
100	Section 6.  Paragraph (c) of subsection (2) of section
101	1001.451, Florida Statutes, is amended to read:
102	1001.451  Regional consortium service organizations.--In
103	order to provide a full range of programs to larger numbers of
104	students, minimize duplication of services, and encourage the
105	development of new programs and services:
106	(2)
107	(c)  Notwithstanding paragraph (a), the appropriation for
108	the 2008-2009 fiscal year may be less than $50,000 per school
109	district and eligible member. If the amount appropriated is
110	insufficient to provide $50,000, the funds available must be
111	prorated among all eligible districts and members. This
112	paragraph expires July 1, 2009.
113	Section 7.  Subsections (6) and (7) are added to section
114	1001.47, Florida Statutes, to read:
115	1001.47  District school superintendent; salary.--
116	(6)  Notwithstanding the provisions of this section and s.
117	145.19, elected district school superintendents may reduce their
118	salary rates on a voluntary basis.
119	(7)  Notwithstanding the provisions of this section and s.
120	145.19, for the 2009-2010 fiscal year, the salary of each
121	elected district school superintendent calculated pursuant to
122	this section shall be reduced by 5 percent.
123	Section 8.  Subsection (2) of section 1001.50, Florida
124	Statutes, as amended by chapter 2009-3, Laws of Florida, is
125	amended, and subsections (5) and (6) are added to that section,
126	to read:
127	1001.50  Superintendents employed under Art. IX of the
128	State Constitution.--
129	(2)  The district school board of each of such districts
130	shall enter into contracts of employment with the district
131	school superintendent and shall adopt rules relating to his or
132	her appointment; however, on or after February 1, 2009, the
133	district school board may not enter into an employment contract
134	that is funded from state funds and that requires the district
135	to pay from state funds a superintendent an amount in excess of
136	1 year of the superintendent's annual salary for termination,
137	buy-out, or any other type of contract settlement. This
138	subsection does not prohibit the payment of earned leave and
139	benefits in accordance with the district's leave and benefits
140	policies which are accrued by the superintendent before the
141	contract terminates.
142	(5)  Notwithstanding any other law, resolution, or rule to
143	the contrary, a district school superintendent employed under
144	this section may not receive more than $225,000 in remuneration
145	annually from state funds. "Remuneration" means salary, bonuses,
146	and cash-equivalent compensation paid to a district school
147	superintendent by his or her employer for work performed,
148	excluding health insurance benefits and retirement benefits.
149	Only compensation, as defined in s. 121.021(22), that is
150	provided to a superintendent may be used in calculating benefits
151	under chapter 121.
152	(6)  District school boards and district school
153	superintendents employed pursuant to this section are encouraged
154	to review the superintendent's annual remuneration for the 2009-
155	2010 fiscal year and mutually agree to a reduction of at least 5
156	percent.
157	Section 9.  Paragraph (c) of subsection (1) of section
158	1002.43, Florida Statutes, is amended to read:
159	1002.43  Private tutoring programs.--
160	(1)  Regular school attendance as defined in s. 1003.01(13)
161	may be achieved by attendance in a private tutoring program if
162	the person tutoring the student meets the following
163	requirements:
164	(c)  Requires students to be in actual attendance for the
165	minimum length of time prescribed by s. 1011.60(2).
166	Section 10.  Paragraph (g) of subsection (3) of section
167	1002.37, Florida Statutes, is amended to read:
168	1002.37  The Florida Virtual School.--
169	(3)  Funding for the Florida Virtual School shall be
170	provided as follows:
171	(g)  The Florida Virtual School shall receive additional
172	state funds as may be provided in the General Appropriations
173	Act; however, such funds may not be provided for the purpose of
174	fulfilling the class size requirements in ss. 1003.03 and
175	1011.685.
176	Section 11.  Subsections (1), (2), (7), (8), (10), (11),
177	and (12) of section 1002.45, Florida Statutes, are amended to
178	read:
179	1002.45  School district virtual instruction programs.--
180	(1)  PROGRAM.--
181	(a)  Beginning with the 2009-2010 school year, each school
182	district may shall provide eligible students within its
183	boundaries the option of participating in a virtual instruction
184	program operated by the school district which is a program
185	separate from the Florida Virtual School under s. 1002.37. The
186	purpose of the program is to make instruction available to
187	students using online and distance learning technology in the
188	nontraditional classroom and to provide an exit option for
189	students authorized to participate under paragraph (7)(c). The
190	program shall be provide virtual instruction to full-time for
191	students enrolled in full-time virtual courses in kindergarten
192	through grade 8 and or in full-time or part-time for students
193	enrolled virtual courses in grades 9 through 12 as authorized in
194	paragraph (7)(c).
195	(b)  Each school district's virtual instruction program
196	shall use may consist of one or more schools that are operated
197	by the district or by contracted providers approved by the
198	Department of Education under subsection (2). School districts
199	may participate in multidistrict contractual arrangements, which
200	may include contracts executed by a regional consortium for its
201	member districts, to provide such programs.
202	(c)  Except as provided in paragraph (7)(c), virtual
203	instruction is instruction in which at least 80 percent of the
204	direct instruction is provided by a Florida-certified teacher
205	using some form of technology when the student and the teacher
206	are separated by time or space, or both.
207	(d)  If a student was enrolled in a K-8 Virtual School
208	Program under s. 1002.415 for the 2008-2009 school year and the
209	student resides in a school district that does not offer a
210	virtual instruction program, the school district must provide
211	the student access to the virtual school program in which the
212	student was enrolled during the 2008-2009 school year.
213	(c)  A charter school may enter into a joint agreement with
214	the school district in which it is located for the charter
215	school's students to participate in an approved district virtual
216	instruction program.
217	(2)  PROVIDER QUALIFICATIONS.--On or before March 1, 2009,
218	and annually thereafter, The department shall annually provide
219	school districts with a list of no more than two approved
220	providers for the K-8 virtual instruction program and no more
221	than two approved providers for the virtual instruction program
222	under paragraph (7)(c) providers approved to offer virtual
223	instruction. To be approved by the department, a contract
224	provider must annually document that it:
225	(a)  Is nonsectarian in its programs, admission policies,
226	employment practices, and operations;
227	(b)  Complies with the antidiscrimination provisions of s.
228	1000.05;
229	(c)  Locates an administrative office or offices in this
230	state, requires its administrative staff to be state residents,
231	and requires all instructional staff members to be Florida-
232	certified teachers;
233	(d)  Possesses prior, successful experience offering online
234	courses to elementary, middle, or high school students;
235	(e)  Utilizes Florida-certified an instructional model that
236	relies on certified teachers, not parents, to provide at least
237	85 percent of the instruction to the student;
238	(f)  Requires all school employees to have background
239	screening as required by s. 1012.32;
240	(g)  Provides no more than 20 percent of instruction to the
241	student by a parent or an instructional coach;
242	(h)(f)  Is accredited by the Southern Association of
243	Colleges and Schools Council on Accreditation and School
244	Improvement, the North Central Association Commission on
245	Accreditation and School Improvement, the Middle States
246	Association of Colleges and Schools Commission on Elementary
247	Schools and Commission on Secondary Schools, the New England
248	Association of Schools and Colleges, the Northwest Association
249	of Accredited Schools, or the Western Association of Schools and
250	Colleges the Commission on Colleges of the Southern Association
251	of Colleges and Schools, the Middle States Association of
252	Colleges and Schools, the North Central Association of Colleges
253	and Schools, or the New England Association of Colleges and
254	Schools; and
255	(i)(g)  Complies with all requirements under this section.
256
257	Notwithstanding this subsection, approved providers of virtual
258	instruction shall include the Florida Virtual School established
259	under s. 1002.37 and providers that operate under s. 1002.415.
260	(7)  FUNDING.--
261	(a)  For purposes of a district virtual instruction
262	program, "full-time equivalent student" has the same meaning as
263	provided in s. 1011.61(1)(c)1.b.(III) or (IV).
264	(b)  The school district shall report full-time equivalent
265	students for the school district virtual instruction program and
266	for a charter school's students who participate under paragraph
267	(1)(c) to the department only in a manner prescribed by the
268	department, and funding shall be provided through the Florida
269	Education Finance Program.
270	(c)  Full-time or part-time school district virtual
271	instruction program courses provided under this section for
272	students in grades 9 through 12 are limited to Department of
273	Juvenile Justice programs, dropout prevention programs, and
274	career and vocational programs.
275	(8)  ASSESSMENT AND ACCOUNTABILITY.--
276	(a)  With the exception of the programs offered by the
277	Florida Virtual School under s. 1002.37, Each school district K-
278	8 virtual instruction program must:
279	1.  participate in the statewide assessment program under
280	s. 1008.22 and in the state's education performance
281	accountability system under s. 1008.31.
282	2.  Receive a school grade as provided in s. 1008.34. A
283	school district virtual instruction program shall be considered
284	a school under s. 1008.34 for purposes of this section,
285	regardless of the number of individual providers participating
286	in the district's program.
287	(b)  The department shall aggregate by provider the
288	statewide assessment scores of the students in each school
289	district full-time K-8 virtual instruction program at the end of
290	each year and publish a statewide school grade for each
291	provider. The performance of part-time students under paragraph
292	(7)(c) shall not be included for purposes of school grading
293	under subparagraph (a)2.; however, their performance shall be
294	included for school grading purposes by the nonvirtual school
295	providing the student's primary instruction.
296	(c)  A provider program that is designated with a grade of
297	"D," making less than satisfactory progress, or "F," failing to
298	make adequate progress, must file a school improvement plan with
299	the department for consultation to determine the causes for low
300	performance and to develop a plan for correction and
301	improvement.
302	(d)  The school district shall terminate its program with a
303	provider, including all contracts with providers for such
304	program, if the provider program receives a grade of "D," making
305	less than satisfactory progress, or "F," failing to make
306	adequate progress, for 2 years during any consecutive 4-year
307	period. If a contract is not renewed or is terminated, the
308	contracted provider is responsible for all debts of the program
309	or school operated by the provider.
310	(e)  A school district that terminates its contract with a
311	provider program under paragraph (d) may shall contract with
312	another a provider selected and approved by the department for
313	the provision of virtual instruction until the school district
314	receives approval from the department to operate a new school
315	district virtual instruction program.
316	(10)  MARKETING.--Any information provided by a school
317	district to parents and students regarding the school district's
318	virtual education instruction program must include information
319	about opportunities available at, and the parent's and student's
320	right to access courses offered by the school district virtual
321	instruction program and by, the Florida Virtual School under s.
322	1002.37.
323	(11)  2008-2009 SCHOOL DISTRICT VIRTUAL INSTRUCTION
324	PROGRAM.--For the 2008-2009 school year, each school district in
325	the state may offer a school district virtual instruction
326	program to provide full-time virtual courses in kindergarten
327	through grade 8 or to provide full-time or part-time virtual
328	courses in grades 9 through 12 as authorized in paragraph
329	(7)(c). Such program may be operated or contracted as provided
330	under paragraph (1)(b) and must comply with all requirements of
331	this section, except that contracts under this subsection may
332	only be issued for virtual courses in kindergarten through grade
333	8 to providers operating under s. 1002.415 or for virtual
334	courses in grades 9 through 12 as authorized under paragraph
335	(7)(c) to providers who contracted with a regional consortium in
336	the 2007-2008 school year to provide such services.
337	(11)(12)  RULES.--The State Board of Education shall adopt
338	rules necessary to administer this section, including rules that
339	prescribe school district and charter school reporting
340	requirements.
341	Section 12.  Paragraph (a) of subsection (4) and paragraph
342	(d) of subsection (6) of section 1002.71, Florida Statutes, as
343	amended by chapter 2009-3, Laws of Florida, are amended to read:
344	1002.71  Funding; financial and attendance reporting.--
345	(4)  Notwithstanding s. 1002.53(3) and subsection (2):
346	(a)  A child who, for any of the prekindergarten programs
347	listed in s. 1002.53(3), has not completed more than 70 10
348	percent of the hours authorized to be reported for funding under
349	subsection (2) may withdraw from the program for good cause and,
350	reenroll in one of the programs, and be reported for funding
351	purposes as a full-time equivalent student in the program for
352	which the child is reenrolled. The total funding for a child who
353	reenrolls in one of the programs for good cause shall not exceed
354	one full-time equivalent student. Funding for a child who
355	withdraws and reenrolls in one of the programs for good cause
356	shall be issued in accordance with the uniform attendance policy
357	adopted pursuant to paragraph (6)(d).
358
359	A child may reenroll only once in a prekindergarten program
360	under this section. A child who reenrolls in a prekindergarten
361	program under this subsection may not subsequently withdraw from
362	the program and reenroll. The Agency for Workforce Innovation
363	shall establish criteria specifying whether a good cause exists
364	for a child to withdraw from a program under paragraph (a),
365	whether a child has substantially completed a program under
366	paragraph (b), and whether an extreme hardship exists which is
367	beyond the child's or parent's control under paragraph (b).
368	(6)
369	(d)  The Agency for Workforce Innovation shall adopt, for
370	funding purposes, a uniform attendance policy for the Voluntary
371	Prekindergarten Education Program. The attendance policy must
372	apply statewide and apply equally to all private prekindergarten
373	providers and public schools. The attendance policy must
374	establish a minimum requirement for student attendance and
375	include at least the following provisions:
376	1.  Beginning with the 2009-2010 fiscal year for school-
377	year programs, a student's attendance may be reported on a pro
378	rata basis as a fraction of and the 2009 summer program, a
379	student who meets the minimum requirement of 80 percent of the
380	total number of hours for the program may be reported as a full-
381	time equivalent student for funding purposes.
382	2.  At a maximum, 20 percent of the total payment for each
383	student made to a private kindergarten provider or public school
384	may be for hours a student is absent. A student who does not
385	meet the minimum requirement may be reported only as a
386	fractional part of a full-time equivalent student, reduced pro
387	rata based on the student's attendance.
388	3.  A private prekindergarten provider or public school may
389	not receive payment for absences that occur before a student's
390	first day of attendance or after a student's last day of
391	attendance. A student who does not meet the minimum requirement
392	may be reported as a full-time equivalent student if the student
393	is absent for good cause in accordance with exceptions specified
394	in the uniform attendance policy.
395
396	The uniform attendance policy shall be used only for funding
397	purposes and does not prohibit a private prekindergarten
398	provider or public school from adopting and enforcing its
399	attendance policy under paragraphs (a) and (c).
400	Section 13.  Paragraph (g) of subsection (1) of section
401	1003.02, Florida Statutes, is amended to read:
402	1003.02  District school board operation and control of
403	public K-12 education within the school district.--As provided
404	in part II of chapter 1001, district school boards are
405	constitutionally and statutorily charged with the operation and
406	control of public K-12 education within their school district.
407	The district school boards must establish, organize, and operate
408	their public K-12 schools and educational programs, employees,
409	and facilities. Their responsibilities include staff
410	development, public K-12 school student education including
411	education for exceptional students and students in juvenile
412	justice programs, special programs, adult education programs,
413	and career education programs. Additionally, district school
414	boards must:
415	(1)  Provide for the proper accounting for all students of
416	school age, for the attendance and control of students at
417	school, and for proper attention to health, safety, and other
418	matters relating to the welfare of students in the following
419	fields:
420	(g)  School operation.--
421	1.  Provide for the operation of all public schools as free
422	schools for a term of at least 180 days or the equivalent on an
423	hourly basis as specified by rules of the State Board of
424	Education; determine district school funds necessary in addition
425	to state funds to operate all schools for the minimum term; and
426	arrange for the levying of district school taxes necessary to
427	provide the amount needed from district sources.
428	2.  Prepare, adopt, and timely submit to the Department of
429	Education, as required by law and by rules of the State Board of
430	Education, the annual school budget, so as to promote the
431	improvement of the district school system.
432	Section 14.  Paragraph (b) of subsection (2) of section
433	1003.03, Florida Statutes, is amended to read:
434	1003.03  Maximum class size.--
435	(2)  IMPLEMENTATION.--
436	(b)  Determination of the number of students per classroom
437	in paragraph (a) shall be calculated as follows:
438	1.  For fiscal years 2003-2004 through 2005-2006, the
439	calculation for compliance for each of the 3 grade groupings
440	shall be the average at the district level.
441	2.  For fiscal years 2006-2007 through 2009-2010 2008-2009,
442	the calculation for compliance for each of the 3 grade groupings
443	shall be the average at the school level.
444	3.  For fiscal year 2010-2011 2009-2010 and thereafter, the
445	calculation for compliance shall be at the individual classroom
446	level.
447	4.  For fiscal years 2006-2007 through 2009-2010 and
448	thereafter, each teacher assigned to any classroom shall be
449	included in the calculation for compliance.
450	Section 15.  Paragraph (a) of subsection (1) of section
451	1004.55, Florida Statutes, is amended to read:
452	1004.55  Regional autism centers.--
453	(1)  Seven regional autism centers are established to
454	provide nonresidential resource and training services for
455	persons of all ages and of all levels of intellectual
456	functioning who have autism, as defined in s. 393.063; who have
457	a pervasive developmental disorder that is not otherwise
458	specified; who have an autistic-like disability; who have a dual
459	sensory impairment; or who have a sensory impairment with other
460	handicapping conditions. Each center shall be operationally and
461	fiscally independent and shall provide services within its
462	geographical region of the state. Service delivery shall be
463	consistent for all centers. Each center shall coordinate
464	services within and between state and local agencies and school
465	districts but may not duplicate services provided by those
466	agencies or school districts. The respective locations and
467	service areas of the centers are:
468	(a)  The College of Medicine Department of Communication
469	Disorders at Florida State University, which serves Bay,
470	Calhoun, Escambia, Franklin, Gadsden, Gulf, Holmes, Jackson,
471	Jefferson, Leon, Liberty, Madison, Okaloosa, Santa Rosa, Taylor,
472	Wakulla, Walton, and Washington Counties.
473	Section 16.  Paragraph (b) of subsection (5) of section
474	1006.06, Florida Statutes, is amended to read:
475	1006.06  School food service programs.--
476	(5)
477	(b)  Beginning with the 2009-2010 school year, each school
478	district must annually set prices for breakfast meals at rates
479	that, combined with federal reimbursements and state
480	allocations, are sufficient to defray costs of school breakfast
481	programs without requiring allocations from the district's
482	operating funds, except if the district school board approves
483	lower rates.
484	Section 17.  Subsection (1) of section 1006.28, Florida
485	Statutes, is amended to read:
486	1006.28  Duties of district school board, district school
487	superintendent; and school principal regarding K-12
488	instructional materials.--
489	(1)  DISTRICT SCHOOL BOARD.--The district school board has
490	the duty to provide adequate instructional materials for all
491	students in accordance with the requirements of this part. The
492	term "adequate instructional materials" means a sufficient
493	number of textbooks or sets of materials that are available in
494	bound, unbound, kit, or package form and may consist of
495	hardbacked or softbacked textbooks, consumables, learning
496	laboratories, manipulatives, electronic media, and computer
497	courseware or software that serve serving as the basis for
498	instruction for each student in the core courses of mathematics,
499	language arts, social studies, science, reading, and literature,
500	except for instruction for which the school advisory council
501	approves the use of a program that does not include a textbook
502	as a major tool of instruction. The district school board has
503	the following specific duties:
504	(a)  Courses of study; adoption.--Adopt courses of study
505	for use in the schools of the district.
506	(b)  Textbooks.--Provide for proper requisitioning,
507	distribution, accounting, storage, care, and use of all
508	instructional materials furnished by the state and furnish such
509	other instructional materials as may be needed. The district
510	school board shall assure that instructional materials used in
511	the district are consistent with the district goals and
512	objectives and the curriculum frameworks adopted by rule of the
513	State Board of Education, as well as with the state and district
514	performance standards provided for in s. 1001.03(1).
515	(c)  Other instructional materials.--Provide such other
516	teaching accessories and aids as are needed for the school
517	district's educational program.
518	(d)  School library media services; establishment and
519	maintenance.--Establish and maintain a program of school library
520	media services for all public schools in the district, including
521	school library media centers, or school library media centers
522	open to the public, and, in addition such traveling or
523	circulating libraries as may be needed for the proper operation
524	of the district school system.
525	Section 18.  Subsection (4) of section 1006.40, Florida
526	Statutes, is amended to read:
527	1006.40  Use of instructional materials allocation;
528	instructional materials, library books, and reference books;
529	repair of books.--
530	(4)  The funds described in subsection (3) which district
531	school boards may use to purchase materials not on the state-
532	adopted list shall be used for the purchase of instructional
533	materials or other items having intellectual content which
534	assist in the instruction of a subject or course. These items
535	may be available in bound, unbound, kit, or package form and may
536	consist of hardbacked or softbacked textbooks, replacements for
537	items which were part of previously purchased instructional
538	materials, consumables, learning laboratories, manipulatives,
539	electronic media, computer courseware or software, and other
540	commonly accepted instructional tools as prescribed by district
541	school board rule. The funds available to district school boards
542	for the purchase of materials not on the state-adopted list may
543	not be used to purchase electronic or computer hardware unless
544	even if such hardware is bundled with other state-adopted
545	instructional materials such as textbooks, software, or other
546	electronic media, nor may such funds be used to purchase
547	equipment or supplies. However, when authorized to do so in the
548	General Appropriations Act, a school or district school board
549	may use a portion of the funds available to it for the purchase
550	of materials not on the state-adopted list to purchase science
551	laboratory materials and supplies.
552	Section 19.  Subsections (7) and (8) of section 1008.29,
553	Florida Statutes, are amended to read:
554	1008.29  College-level communication and mathematics skills
555	examination (CLAST).--
556	(7)  The State Board of Education shall collaborate with
557	the Board of Governors to establish rules instituting uniform
558	fees for all students, including private postsecondary students,
559	who take the CLAST. The fees shall be sufficient to cover the
560	actual cost of developing and administering the examination, by
561	rule, shall establish fees for the administration of the
562	examination to private postsecondary students.
563	(8)(a)  The State Board of Education, by rule, shall
564	establish fees for the administration of the examination by
565	community colleges at times other than regularly scheduled dates
566	to accommodate examinees who are unable to be tested on those
567	dates. The state board shall establish the conditions under
568	which examinees may be admitted to the special administrations.
569	(b)  The Board of Governors may establish fees for the
570	administration of the examination by state universities at times
571	other than regularly scheduled dates to accommodate examinees
572	who are unable to be tested on those dates. The Board of
573	Governors may establish the conditions under which examinees may
574	be admitted to the special administrations.
575	Section 20.  Paragraph (c) of subsection (1) of section
576	1008.41, Florida Statutes, is amended to read:
577	1008.41  Workforce education; management information
578	system.--
579	(1)  The Commissioner of Education shall coordinate uniform
580	program structures, common definitions, and uniform management
581	information systems for workforce education for all divisions
582	within the department. In performing these functions, the
583	commissioner shall designate deadlines after which data elements
584	may not be changed for the coming fiscal or school year. School
585	districts and community colleges shall be notified of data
586	element changes at least 90 days prior to the start of the
587	subsequent fiscal or school year. Such systems must provide for:
588	(c)  Maximum use of automated technology and records in
589	existing databases and data systems. To the extent feasible, the
590	Florida Information Resource Network may shall be employed for
591	this purpose.
592	Section 21.  Section 1010.11, Florida Statutes, is amended
593	to read:
594	1010.11  Electronic transfer of funds.--Pursuant to the
595	provisions of s. 215.85, each district school board, community
596	college board of trustees, and university board of trustees
597	shall adopt written policies prescribing the accounting and
598	control procedures under which any funds under their control are
599	allowed to be moved by electronic transaction for any purpose
600	including direct deposit, wire transfer, withdrawal, or
601	investment, or payment. Electronic transactions shall comply
602	with the provisions of chapter 668.
603	Section 22.  Subsection (4) of section 1011.18, Florida
604	Statutes, is amended to read:
605	1011.18  School depositories; payments into and withdrawals
606	from depositories.--
607	(4)  HOW FUNDS DRAWN FROM DEPOSITORIES.--All money drawn
608	from any district school depository holding same as prescribed
609	herein shall be upon a check or warrant drawn on authority of
610	the district school board as prescribed by law. Each check or
611	warrant shall be signed by the chair or, in his or her absence,
612	the vice chair of the district school board and countersigned by
613	the district school superintendent, with corporate seal of the
614	school board affixed. However, as a matter of convenience, the
615	corporate seal of the district school board may be printed upon
616	the warrant and a proper record of such warrant shall be
617	maintained. The district school board may by resolution, a copy
618	of which must be delivered to the depository, provide for
619	internal funds to be withdrawn from any district depository by a
620	check duly signed by at least two bonded school employees
621	designated by the board to be responsible for administering such
622	funds. However, the district school superintendent or his or her
623	designee, after having been by resolution specifically
624	authorized by the district school board, may transfer funds from
625	one depository to another, within a depository, to another
626	institution, or from another institution to a depository for
627	investment purposes and may transfer funds to pay expenses,
628	expenditures, or other disbursements that must be evidenced by
629	an invoice or other appropriate documentation in a similar
630	manner when the transfer does not represent an expenditure,
631	advance, or reduction of cash assets. Such transfer may be made
632	by electronic, telephonic, or other medium; and each transfer
633	shall be confirmed in writing and signed by the district school
634	superintendent or his or her designee.
635	Section 23.  Subsection (2) and paragraphs (d) and (f) of
636	subsection (3) of section 1011.60, Florida Statutes, are amended
637	to read:
638	1011.60  Minimum requirements of the Florida Education
639	Finance Program.--Each district which participates in the state
640	appropriations for the Florida Education Finance Program shall
641	provide evidence of its effort to maintain an adequate school
642	program throughout the district and shall meet at least the
643	following requirements:
644	(2)  MINIMUM TERM.--Operate all schools for a term of at
645	least 180 actual teaching days or the equivalent on an hourly
646	basis as specified by rules of the State Board of Education each
647	school year. The State Board of Education may prescribe
648	procedures for altering, and, upon written application, may
649	alter, this requirement during a national, state, or local
650	emergency as it may apply to an individual school or schools in
651	any district or districts if, in the opinion of the board, it is
652	not feasible to make up lost days or hours, and the
653	apportionment may, at the discretion of the Commissioner of
654	Education and if the board determines that the reduction of
655	school days or hours is caused by the existence of a bona fide
656	emergency, be reduced for such district or districts in
657	proportion to the decrease in the length of term in any such
658	school or schools. A strike, as defined in s. 447.203(6), by
659	employees of the school district may not be considered an
660	emergency.
661	(3)  EMPLOYMENT POLICIES.--Adopt rules relating to the
662	appointment, promotion, transfer, suspension, and dismissal of
663	personnel.
664	(d)  District school boards may authorize a maximum of six
665	paid legal holidays which shall apply to the 196 days of service
666	or the equivalent on an hourly basis.
667	(f)  Such rules must require 12 calendar months of service
668	for such principals as prescribed by rules of the State Board of
669	Education and must require 10 months to include not less than
670	196 days of service or the equivalent on an hourly basis,
671	excluding Sundays and other holidays, for all members of the
672	instructional staff, with any such service on a 12-month basis
673	to include reasonable allowance for vacation or further study as
674	prescribed by the school board in accordance with rules of the
675	State Board of Education.
676	Section 24.  Paragraph (c) of subsection (1) of section
677	1011.61, Florida Statutes, is amended to read:
678	1011.61  Definitions.--Notwithstanding the provisions of s.
679	1000.21, the following terms are defined as follows for the
680	purposes of the Florida Education Finance Program:
681	(1)  A "full-time equivalent student" in each program of
682	the district is defined in terms of full-time students and part-
683	time students as follows:
684	(c)1.  A "full-time equivalent student" is:
685	a.  A full-time student in any one of the programs listed
686	in s. 1011.62(1)(c); or
687	b.  A combination of full-time or part-time students in any
688	one of the programs listed in s. 1011.62(1)(c) which is the
689	equivalent of one full-time student based on the following
690	calculations:
691	(I)  A full-time student, except a postsecondary or adult
692	student or a senior high school student enrolled in adult
693	education when such courses are required for high school
694	graduation, in a combination of programs listed in s.
695	1011.62(1)(c) shall be a fraction of a full-time equivalent
696	membership in each special program equal to the number of net
697	hours per school year for which he or she is a member, divided
698	by the appropriate number of hours set forth in subparagraph
699	(a)1. or subparagraph (a)2. The difference between that fraction
700	or sum of fractions and the maximum value as set forth in
701	subsection (4) for each full-time student is presumed to be the
702	balance of the student's time not spent in such special
703	education programs and shall be recorded as time in the
704	appropriate basic program.
705	(II)  A prekindergarten handicapped student shall meet the
706	requirements specified for kindergarten students.
707	(III)  A full-time equivalent student for students in
708	grades K-8 in a school district virtual instruction program as
709	provided in s. 1002.45 shall consist of a student who has
710	successfully completed a basic program listed in s.
711	1011.62(1)(c)1.a. or b., and who is promoted to a higher grade
712	level by August 31 of each year. The maximum value for funding a
713	student in a virtual instruction program is subject to
714	subsection (4).
715	(IV)  A full-time equivalent student for students in grades
716	9-12 in a school district virtual instruction program as
717	provided in s. 1002.45 shall consist of six full credit
718	completions in programs listed in s. 1011.62(1)(c)1. and 3. 4.
719	Credit completions can be a combination of either full credits
720	or half credits.
721	(V)  A full-time equivalent student of the Florida Virtual
722	School or of any approved school district franchise of the
723	Florida Virtual School, as provided in s. 1002.37, full-time
724	equivalent student shall consist of six full credit completions
725	in the programs listed in s. 1011.62(1)(c)1.b. for grades 6
726	through 8 and the programs listed in s. 1011.62(1)(c)1.c. for
727	grades 9 through 12 s. 1011.62(1)(c)1. and 4. Credit completions
728	can be a combination of either full credits or half credits. A
729	school district franchise full-time equivalent student may be
730	reported for funding up to August 31 of each year.
731	(VI)  Each successfully completed credit earned under the
732	alternative high school course credit requirements authorized in
733	s. 1002.375, which is not reported as a portion of the 900 net
734	hours of instruction pursuant to subparagraph (1)(a)1., shall be
735	calculated as 1/6 FTE.
736	2.  A student in membership in a program scheduled for more
737	or less than 180 school days or the equivalent on an hourly
738	basis is a fraction of a full-time equivalent membership equal
739	to the number of instructional hours in membership divided by
740	the appropriate number of hours set forth in subparagraph (a)1.;
741	however, for the purposes of this subparagraph, membership in
742	programs scheduled for more than 180 days or the equivalent on
743	an hourly basis is limited to students enrolled in juvenile
744	justice education programs, and the Florida Virtual School, and
745	a school district virtual instruction program.
746
747	The department shall determine and implement an equitable method
748	of equivalent funding for experimental schools and for schools
749	operating under emergency conditions, which schools have been
750	approved by the department to operate for less than the minimum
751	school day.
752	Section 25.  Paragraphs (l) through (t) of subsection (1)
753	of section 1011.62, Florida Statutes, are redesignated as
754	paragraphs (n) through (v), respectively, and new paragraphs (l)
755	and (m) are added to that subsection, and paragraph (b) of
756	subsection (4), paragraph (b) of subsection (6), and paragraph
757	(a) of subsection (12) of that section are amended, to read:
758	1011.62  Funds for operation of schools.--If the annual
759	allocation from the Florida Education Finance Program to each
760	district for operation of schools is not determined in the
761	annual appropriations act or the substantive bill implementing
762	the annual appropriations act, it shall be determined as
763	follows:
764	(1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
765	OPERATION.--The following procedure shall be followed in
766	determining the annual allocation to each district for
767	operation:
768	(l)  Study hall.--A student who is enrolled in study hall
769	may not be included in the calculation of full-time equivalent
770	student membership for funding under this section.
771	(m)  On-the-job training.--A student who participates in
772	on-the-job training, excluding classroom instruction, may not be
773	included in the calculation of full-time equivalent student
774	membership for funding under this section.
775	(4)  COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.--The
776	Legislature shall prescribe the aggregate required local effort
777	for all school districts collectively as an item in the General
778	Appropriations Act for each fiscal year. The amount that each
779	district shall provide annually toward the cost of the Florida
780	Education Finance Program for kindergarten through grade 12
781	programs shall be calculated as follows:
782	(b)  Final calculation.--
783	1.  The taxable value for school purposes certified by the
784	Department of Revenue which is used in the fourth calculation
785	with the annualized full-time student membership from the
786	February student survey shall be the final taxable value used in
787	the final calculation.
788	2.  For purposes of this paragraph, the final taxable value
789	for school purposes shall be the taxable value for school
790	purposes on which the tax bills are computed and mailed to the
791	taxpayers, adjusted to reflect final administrative actions of
792	value adjustment boards and judicial decisions pursuant to
793	chapter 194. For each county that has not submitted a revised
794	tax roll reflecting final value adjustment board actions and
795	final judicial decisions, the Department of Revenue shall
796	certify the most recent revision of the taxable value for school
797	purposes on which the tax bills are computed and mailed to
798	taxpayers, adjusted by the average percentage difference, over
799	the most recent 3 years for which the information is available,
800	between the taxable value for school purposes on which the tax
801	bills are computed and the taxable value for school purposes on
802	which the tax bills are computed as adjusted to reflect final
803	administrative actions of value adjustment board and judicial
804	decisions pursuant to chapter 194.
805	3.  The value certified under subparagraph 1. shall be the
806	final taxable value for school purposes for that year, and no
807	further adjustments shall be made, except those made pursuant to
808	paragraph (12)(b).
809	(6)  CATEGORICAL FUNDS.--
810	(b)  If a district school board finds and declares in a
811	resolution adopted at a regular meeting of the school board that
812	the funds received for any of the following categorical
813	appropriations are urgently needed to maintain school board
814	specified academic classroom instruction, the school board may
815	consider and approve an amendment to the school district
816	operating budget transferring the identified amount of the
817	categorical funds to the appropriate account for expenditure:
818	1.  Funds for student transportation.
819	2.  Funds for safe schools.
820	3.  Funds for supplemental academic instruction.
821	4.  Funds for research-based reading instruction.
822	5.  Funds for instructional materials if all instructional
823	material purchases have been completed for that fiscal year, but
824	no sooner than March 1, 2010 2009.
825	(12)  TOTAL ALLOCATION OF STATE FUNDS TO EACH DISTRICT FOR
826	CURRENT OPERATION.--The total annual state allocation to each
827	district for current operation for the FEFP shall be distributed
828	periodically in the manner prescribed in the General
829	Appropriations Act.
830	(a)  The basic amount for current operation for the FEFP as
831	determined in subsection (1), multiplied by the district cost
832	differential factor as determined in subsection (2), plus the
833	amounts provided for categorical components within the FEFP,
834	plus the discretionary millage compression supplement as
835	determined in subsection (5), the amount for the sparsity
836	supplement as determined in subsection (7), the decline in full-
837	time equivalent students as determined in subsection (8), the
838	research-based reading instruction allocation as determined in
839	subsection (9), the allocation for juvenile justice education
840	programs as determined in subsection (10), the quality assurance
841	guarantee as determined in subsection (11), the allocation for
842	instructional materials as determined in s. 1011.67, the
843	allocation for student transportation as determined in s.
844	1011.68, and the allocation for the Florida Teachers Lead
845	Program as determined in s. 1012.71, less the required local
846	effort as determined in subsection (4). If the funds
847	appropriated for the purpose of funding the total amount for
848	current operation as provided in this paragraph are not
849	sufficient to pay the state requirement in full, the department
850	shall prorate the available state funds to each district in the
851	following manner:
852	1.  Determine the percentage of proration by dividing the
853	sum of the total amount for current operation, as provided in
854	this paragraph for all districts collectively, and the total
855	district required local effort into the sum of the state funds
856	available for current operation and the total district required
857	local effort.
858	2.  Multiply the percentage so determined by the sum of the
859	total amount for current operation as provided in this paragraph
860	and the required local effort for each individual district.
861	3.  From the product of such multiplication, subtract the
862	required local effort of each district; and the remainder shall
863	be the amount of state funds allocated to the district for
864	current operation.
865	Section 26.  Paragraph (b) of subsection (4) of section
866	1011.69, Florida Statutes, is repealed.
867	Section 27.  Section 1011.71, Florida Statutes, as amended
868	by chapter 2009-3, Laws of Florida, is amended to read:
869	1011.71  District school tax.--
870	(1)  If the district school tax is not provided in the
871	General Appropriations Act or the substantive bill implementing
872	the General Appropriations Act, each district school board
873	desiring to participate in the state allocation of funds for
874	current operation as prescribed by s. 1011.62(12) shall levy on
875	the taxable value for school purposes of the district, exclusive
876	of millage voted under the provisions of s. 9(b) or s. 12, Art.
877	VII of the State Constitution, a millage rate not to exceed the
878	amount certified by the commissioner as the minimum millage rate
879	necessary to provide the district required local effort for the
880	current year, pursuant to s. 1011.62(4)(a)1. In addition to the
881	required local effort millage levy, each district school board
882	may levy a nonvoted current operating discretionary millage. The
883	Legislature shall prescribe annually in the appropriations act
884	the maximum amount of millage a district may levy.
885	(2)  In addition to the maximum millage levy as provided in
886	subsection (1), each school board may levy not more than 1.5
887	1.75 mills against the taxable value for school purposes for
888	district schools, including charter schools at the discretion of
889	the school board, to fund:
890	(a)  New construction and remodeling projects, as set forth
891	in s. 1013.64(3)(b) and (6)(b) and included in the district's
892	educational plant survey pursuant to s. 1013.31, without regard
893	to prioritization, sites and site improvement or expansion to
894	new sites, existing sites, auxiliary facilities, athletic
895	facilities, or ancillary facilities.
896	(b)  Maintenance, renovation, and repair of existing school
897	plants or of leased facilities to correct deficiencies pursuant
898	to s. 1013.15(2).
899	(c)  The purchase, lease-purchase, or lease of school
900	buses.
901	(d)  Effective July 1, 2008, the purchase, lease-purchase,
902	or lease of new and replacement equipment, and enterprise
903	resource software applications that are classified as capital
904	assets in accordance with definitions of the Governmental
905	Accounting Standards Board, have a useful life of at least 5
906	years, and are used to support districtwide administration or
907	state-mandated reporting requirements.
908	(e)  Payments for educational facilities and sites due
909	under a lease-purchase agreement entered into by a district
910	school board pursuant to s. 1003.02(1)(f) or s. 1013.15(2), not
911	exceeding, in the aggregate, an amount equal to three-fourths of
912	the proceeds from the millage levied by a district school board
913	pursuant to this subsection. For the 2009-2010 fiscal year, the
914	three-fourths limit is waived for lease-purchase agreements
915	entered into before June 30, 2009, by a district school board
916	pursuant to this paragraph.
917	(f)  Payment of loans approved pursuant to ss. 1011.14 and
918	1011.15.
919	(g)  Payment of costs directly related to complying with
920	state and federal environmental statutes, rules, and regulations
921	governing school facilities.
922	(h)  Payment of costs of leasing relocatable educational
923	facilities, of renting or leasing educational facilities and
924	sites pursuant to s. 1013.15(2), or of renting or leasing
925	buildings or space within existing buildings pursuant to s.
926	1013.15(4).
927	(i)  Payment of the cost of school buses when a school
928	district contracts with a private entity to provide student
929	transportation services if the district meets the requirements
930	of this paragraph.
931	1.  The district's contract must require that the private
932	entity purchase, lease-purchase, or lease, and operate and
933	maintain, one or more school buses of a specific type and size
934	that meet the requirements of s. 1006.25.
935	2.  Each such school bus must be used for the daily
936	transportation of public school students in the manner required
937	by the school district.
938	3.  Annual payment for each such school bus may not exceed
939	10 percent of the purchase price of the state pool bid.
940	4.  The proposed expenditure of the funds for this purpose
941	must have been included in the district school board's notice of
942	proposed tax for school capital outlay as provided in s.
943	200.065(10).
944	(j)  Payment of the cost of the opening day collection for
945	the library media center of a new school.
946	(k)  Payment of the cost of premiums for property and
947	casualty insurance necessary to insure school district
948	educational and ancillary plants as required by ss.
949	1001.42(11)(d) and 1001.51(11)(k).
950	(l)  The purchase, lease-purchase, or lease of driver's
951	education vehicles; motor vehicles used for the maintenance or
952	operation of plants and equipment; security vehicles; or
953	vehicles used in storing or distributing materials and
954	equipment.
955	(3)  If the revenue from the millage authorized in
956	subsection (2) is insufficient to make payments due under a
957	lease-purchase agreement entered into prior to June 30, 2008, by
958	a district school board pursuant to paragraph (2)(e), an amount
959	up to 0.5 0.25 mills of the taxable value for school purposes
960	within the school district shall be legally available for such
961	payments, notwithstanding other restrictions on the use of such
962	revenues imposed by law.
963	(4)  Effective July 1, 2008, and through June 30, 2010, a
964	school district may expend, subject to the provisions of s.
965	200.065, up to $100 per unweighted full-time equivalent student
966	from the revenue generated by the millage levy authorized by
967	subsection (2) to fund, in addition to expenditures authorized
968	in paragraphs (2)(a)-(j), expenses for the following:
969	(a)  The purchase, lease-purchase, or lease of driver's
970	education vehicles; motor vehicles used for the maintenance or
971	operation of plants and equipment; security vehicles; or
972	vehicles used in storing or distributing materials and
973	equipment.
974	(b)  Payment of the cost of premiums for property and
975	casualty insurance necessary to insure school district
976	educational and ancillary plants. Operating revenues that are
977	made available through the payment of property and casualty
978	insurance premiums from revenues generated under this subsection
979	may be expended only for nonrecurring operational expenditures
980	of the school district.
981	(4)(5)  Violations of the expenditure provisions in
982	subsection (2) or subsection (4) shall result in an equal dollar
983	reduction in the Florida Education Finance Program (FEFP) funds
984	for the violating district in the fiscal year following the
985	audit citation. If the Commissioner of Education determines that
986	a school district acted in good faith, he or she may waive the
987	equal dollar reduction for audit findings for the 2006-2007 or
988	2007-2008 fiscal year that were related to the purchase of
989	software.
990	(5)(6)  These taxes shall be certified, assessed, and
991	collected as prescribed in s. 1011.04 and shall be expended as
992	provided by law.
993	(6)(7)  Nothing in s. 1011.62(4)(a)1. shall in any way be
994	construed to increase the maximum school millage levies as
995	provided for in subsection (1).
996	(7)(8)  In addition to the maximum millage levied under
997	this section and the General Appropriations Act, a school
998	district may levy, by local referendum or in a general election,
999	additional millage for school operational purposes up to an
1000	amount that, when combined with nonvoted millage levied under
1001	this section, does not exceed the 10-mill limit established in
1002	s. 9(b), Art. VII of the State Constitution. Any such levy shall
1003	be for a maximum of 4 years and shall be counted as part of the
1004	10-mill limit established in s. 9(b), Art. VII of the State
1005	Constitution. Millage elections conducted under the authority
1006	granted pursuant to this section are subject to s. 1011.73.
1007	Funds generated by such additional millage do not become a part
1008	of the calculation of the Florida Education Finance Program
1009	total potential funds in 2001-2002 or any subsequent year and
1010	must not be incorporated in the calculation of any hold-harmless
1011	or other component of the Florida Education Finance Program
1012	formula in any year. If an increase in required local effort,
1013	when added to existing millage levied under the 10-mill limit,
1014	would result in a combined millage in excess of the 10-mill
1015	limit, any millage levied pursuant to this subsection shall be
1016	considered to be required local effort to the extent that the
1017	district millage would otherwise exceed the 10-mill limit.
1018	(8)  Notwithstanding subsection (2), for the 2009-2010
1019	fiscal year, if the revenue from 1.5 mills is insufficient to
1020	meet the payments due under a lease-purchase agreement entered
1021	into before June 30, 2009, by a district school board pursuant
1022	to paragraph (2)(e), or to meet other critical district fixed
1023	capital outlay needs, the board, in addition to the 1.5 mills,
1024	may levy up to 0.25 mills for fixed capital outlay in lieu of
1025	levying an equivalent amount of the discretionary mills for
1026	operations as provided in the General Appropriations Act for
1027	2009-2010. Millage levied pursuant to this subsection is subject
1028	to the provisions of s. 200.065 and, combined with the 1.5 mills
1029	authorized in subsection (2), may not exceed 1.75 mills. If the
1030	district chooses to use up to 0.25 mills for fixed capital
1031	outlay, the discretionary millage compression supplement
1032	pursuant to s. 1011.62(5) shall be calculated for the standard
1033	discretionary millage that is not eligible for transfer to
1034	capital outlay.
1035	Section 28.  Subsection (2) of section 1011.73, Florida
1036	Statutes, is amended to read:
1037	1011.73  District millage elections.--
1038	(2)  MILLAGE AUTHORIZED NOT TO EXCEED 4 YEARS.--The
1039	district school board, pursuant to resolution adopted at a
1040	regular meeting, shall direct the county commissioners to call
1041	an election at which the electors within the school district may
1042	approve an ad valorem tax millage as authorized under s.
1043	1011.71(7)(8). Such election may be held at any time, except
1044	that not more than one such election shall be held during any
1045	12-month period. Any millage so authorized shall be levied for a
1046	period not in excess of 4 years or until changed by another
1047	millage election, whichever is earlier. If any such election is
1048	invalidated by a court of competent jurisdiction, such
1049	invalidated election shall be considered not to have been held.
1050	Section 29.  Paragraph (g) of subsection (3) of section
1051	1012.33, Florida Statutes, is amended to read:
1052	1012.33  Contracts with instructional staff, supervisors,
1053	and school principals.--
1054	(3)
1055	(g)  For contracts in the 2009-2010 or 2010-2011 fiscal
1056	year, the period of service provided in this section may be
1057	extended by 1 year for an annual contract employee in the
1058	district who has at least 3 years of service when prescribed by
1059	the district school board based upon extraordinary financial
1060	circumstances in the district. Beginning July 1, 2001, for each
1061	employee who enters into a written contract, pursuant to this
1062	section, in a school district in which the employee was not
1063	employed as of June 30, 2001, or was employed as of June 30,
1064	2001, but has since broken employment with that district for 1
1065	school year or more, for purposes of pay, a district school
1066	board must recognize and accept each year of full-time public
1067	school teaching service earned in the State of Florida or
1068	outside the state and for which the employee received a
1069	satisfactory performance evaluation. Instructional personnel
1070	employed pursuant to s. 121.091(9)(b)3. are exempt from the
1071	provisions of this paragraph.
1072	Section 30.  Subsection (1) of section 1012.59, Florida
1073	Statutes, is amended to read:
1074	1012.59  Certification fees.--
1075	(1)  The State Board of Education, by rule, shall establish
1076	separate fees for applications, examinations, certification,
1077	certification renewal, late renewal, recordmaking, and
1078	recordkeeping, and may establish procedures for scheduling and
1079	administering an examination upon an applicant's request. Each
1080	fee shall be based on department estimates of the revenue
1081	required to implement the provisions of law with respect to
1082	certification of school personnel. The application fee shall be
1083	nonrefundable. Each examination fee shall be sufficient to cover
1084	the actual cost of developing and administering the examination,
1085	but shall not exceed $100 for an examination.
1086	Section 31.  Subsection (6) is added to section 1012.71,
1087	Florida Statutes, to read:
1088	1012.71  The Florida Teachers Lead Program.--
1089	(6)  For the 2009-2010 fiscal year, the Department of
1090	Education is authorized to conduct a pilot program to determine
1091	the feasibility of managing the Florida Teachers Lead Program
1092	through a centralized electronic system. The pilot program
1093	system must:
1094	(a)  Be established through a competitive procurement
1095	process.
1096	(b)  Provide the capability for participating teachers to
1097	make purchases from online sources.
1098	(c)  Provide the capability for participating teachers to
1099	make purchases from local vendors by means other than online
1100	purchasing.
1101	(d)  Generally comply with the provisions of this section.
1102	(e)  Be subject to annual auditing requirements to ensure
1103	accountability for funds received and disbursed.
1104	(f)  Provide for the return of funds not used on an annual
1105	basis to the state.
1106
1107	Participation by a school district in this pilot program shall
1108	be on a voluntary basis. The department may limit the number of
1109	participating districts to the number it deems feasible to
1110	adequately measure the viability of the pilot program. The
1111	department is not required to implement this pilot program if it
1112	determines the number of school districts willing to participate
1113	is insufficient to adequately measure the viability of the pilot
1114	program.
1115	Section 32.  Paragraph (a) of subsection (2) of section
1116	1012.72, Florida Statutes, is amended, and subsection (4) is
1117	added to that section, to read:
1118	1012.72  Dale Hickam Excellent Teaching Program.--
1119	(2)  The Dale Hickam Excellent Teaching Program is created
1120	to provide categorical funding for bonuses for teaching
1121	excellence. The bonuses may be provided for initial
1122	certification for up to one 10-year period. The Department of
1123	Education shall distribute to each school district an amount as
1124	prescribed annually by the Legislature for the Dale Hickam
1125	Excellent Teaching Program. For purposes of this section, the
1126	Florida School for the Deaf and the Blind shall be considered a
1127	school district. Unless otherwise provided in the General
1128	Appropriations Act, each distribution shall be the sum of the
1129	amounts earned for the following:
1130	(a)  An annual bonus equal to 10 percent of the prior
1131	fiscal year's statewide average salary for classroom teachers to
1132	be distributed to the school district to be paid to each
1133	individual classroom teacher who holds NBPTS certification and
1134	is employed by the district school board or by a public school
1135	within the school district. For a classroom teacher who attains
1136	NBPTS certification after July 1, 2009, in order to be eligible
1137	for a bonus, the individual shall teach in a low-performing
1138	school as determined by the State Board of Education. The
1139	district school board shall distribute the annual bonus to each
1140	individual who meets the requirements of this paragraph and who
1141	is certified annually by the district to have demonstrated
1142	satisfactory teaching performance pursuant to s. 1012.34. The
1143	annual bonus may be paid as a single payment or divided into not
1144	more than three payments.
1145	(4)  The State Board of Education may adopt rules to
1146	administer the provisions for payment of the bonuses and to
1147	establish definitions of low-performing schools and determine
1148	the eligibility of teachers.
1149	Section 33.  Paragraphs (f), (g), and (h) are added to
1150	subsection (2) of section 1013.62, Florida Statutes, to read:
1151	1013.62  Charter schools capital outlay funding.--
1152	(2)  A charter school's governing body may use charter
1153	school capital outlay funds for the following purposes:
1154	(f)  Effective July 1, 2008, purchase, lease-purchase, or
1155	lease of new and replacement equipment, and enterprise resource
1156	software applications that are classified as capital assets in
1157	accordance with definitions of the Governmental Accounting
1158	Standards Board, have a useful life of at least 5 years, and are
1159	used to support schoolwide administration or state-mandated
1160	reporting requirements.
1161	(g)  Payment of the cost of premiums for property and
1162	casualty insurance necessary to insure the school facilities.
1163	(h)  Purchase, lease-purchase, or lease of driver's
1164	education vehicles; motor vehicles used for the maintenance or
1165	operation of plants and equipment; security vehicles; or
1166	vehicles used in storing or distributing materials and
1167	equipment.
1168
1169	Conversion charter schools may use capital outlay funds received
1170	through the reduction in the administrative fee provided in s.
1171	1002.33(20) for renovation, repair, and maintenance of school
1172	facilities that are owned by the sponsor.
1173	Section 34.  Paragraph (b) of subsection (6) of section
1174	1013.64, Florida Statutes, as amended by chapter 2009-3, Laws of
1175	Florida, is amended, and subsection (7) is added to that
1176	section, to read:
1177	1013.64  Funds for comprehensive educational plant needs;
1178	construction cost maximums for school district capital
1179	projects.--Allocations from the Public Education Capital Outlay
1180	and Debt Service Trust Fund to the various boards for capital
1181	outlay projects shall be determined as follows:
1182	(6)
1183	(b)1.  A district school board, including a district school
1184	board of an academic performance-based charter school district,
1185	must not use funds from the following sources: Public Education
1186	Capital Outlay and Debt Service Trust Fund; School District and
1187	Community College District Capital Outlay and Debt Service Trust
1188	Fund; Classrooms First Program funds provided in s. 1013.68;
1189	effort index grant funds provided in s. 1013.73; nonvoted 1.5-
1190	mill 1.75-mill levy of ad valorem property taxes provided in s.
1191	1011.71(2); Classrooms for Kids Program funds provided in s.
1192	1013.735; District Effort Recognition Program funds provided in
1193	s. 1013.736; or High Growth District Capital Outlay Assistance
1194	Grant Program funds provided in s. 1013.738 for any new
1195	construction of educational plant space with a total cost per
1196	student station, including change orders, that equals more than:
1197	a.  $17,952 for an elementary school,
1198	b.  $19,386 for a middle school, or
1199	c.  $25,181 for a high school,
1200
1201	(January 2006) as adjusted annually to reflect increases or
1202	decreases in the Consumer Price Index.
1203	2.  A district school board must not use funds from the
1204	Public Education Capital Outlay and Debt Service Trust Fund or
1205	the School District and Community College District Capital
1206	Outlay and Debt Service Trust Fund for any new construction of
1207	an ancillary plant that exceeds 70 percent of the average cost
1208	per square foot of new construction for all schools.
1209	(7)  Notwithstanding subsection (2), the district school
1210	board of Wakulla County shall contribute 1 mill in the 2009-2010
1211	fiscal year and 0.5 mill in the 2010-2011 fiscal year to the
1212	cost of currently funded special facilities construction
1213	projects. The district school board of Liberty County shall
1214	contribute 1 mill for each of the fiscal years from the 2009-
1215	2010 fiscal year through the 2011-2012 fiscal year to the cost
1216	of currently funded special facilities construction projects. If
1217	funds are made available in the General Appropriations Act for
1218	the 2009-2010 fiscal year for the district school board of
1219	Calhoun County from the Special Facility Construction Account,
1220	the district school board of Calhoun County shall contribute
1221	1.125 mills for each of the fiscal years from the 2009-2010
1222	fiscal year through the 2012-2013 fiscal year to the cost of
1223	currently funded special facilities construction projects.
1224	Section 35.  Section 9 of chapter 2008-142, Laws of
1225	Florida, is repealed.
1226	Section 36.  In order to implement Specific Appropriations
1227	6, 7, 76, and 77 of the General Appropriations Act for the 2009-
1228	2010 fiscal year, the calculations of the Florida Education
1229	Finance Program for the 2009-2010 fiscal year in the document
1230	entitled "Public School Funding - The Florida Education Finance
1231	Program," dated April X, 2009, and filed with the Clerk of the
1232	House of Representatives, are incorporated by reference for the
1233	purpose of displaying the calculations used by the Legislature,
1234	consistent with requirements of the Florida Statutes, in making
1235	appropriations and reductions in appropriations for the Florida
1236	Education Finance Program.
1237	Section 37.  This act shall take effect July 1, 2009;
1238	however, the provisions of s. 1011.71, Florida Statutes, as
1239	amended by this act, shall operate retroactively to July 1,
1240	2008.
1241
1242
1243	-----------------------------------------------------
1244	T I T L E  A M E N D M E N T
1245	Remove the entire title and insert:
1246	A bill to be entitled
1247	An act relating to education funding; amending s. 1001.20, F.S.;
1248	providing additional responsibilities of the Office of
1249	Technology and Information Services in the Office of the
1250	Commissioner of Education; creating s. 1001.271, F.S.; requiring
1251	the commissioner to purchase a portion of Internet access
1252	services for the Florida Information Resource Network; amending
1253	s. 1001.28, F.S.; revising the Department of Education's duties
1254	concerning distance learning; amending s. 1001.395, F.S.;
1255	requiring that the salary of district school board members be
1256	the same as the annual calculation or the salary of members of
1257	the Legislature, whichever is less, for a specified period;
1258	amending s. 1001.42, F.S.; providing for the operation of
1259	schools for a term of 180 days or the equivalent on an hourly
1260	basis; authorizing extension of the school year; clarifying
1261	provisions authorizing the payment of earned leave and benefits
1262	accrued by a district school board employee before his or her
1263	employment contract expires; amending s. 1001.451, F.S.;
1264	revising provisions relating to the funding of regional
1265	consortium service organizations; amending s. 1001.47, F.S.;
1266	authorizing elected district school superintendents to reduce
1267	their salary rates on a voluntary basis; requiring that each
1268	elected superintendent's salary be reduced by 5 percent for the
1269	2009-2010 fiscal year; amending s. 1001.50, F.S.; clarifying
1270	provisions authorizing payment of earned leave and benefits
1271	accrued by a superintendent before his or her employment
1272	contract terminates; limiting the use of compensation in
1273	calculating benefits; encouraging review and reduction of
1274	compensation; amending s. 1002.37, F.S.; restricting funds for
1275	the Florida Virtual School; amending s. 1002.43, F.S.;
1276	conforming provisions; amending s. 1002.45, F.S.; revising
1277	provisions relating to the provision of and access to school
1278	district virtual instruction programs and the provider and
1279	accountability requirements for such programs; revising
1280	marketing provisions; deleting obsolete provisions; amending s.
1281	1002.71, F.S.; revising provisions relating to the funding of
1282	prekindergarten programs; revising requirements for the
1283	Voluntary Prekindergarten Education Program attendance policy;
1284	amending s. 1003.02, F.S.; providing for the operation of
1285	schools for a term of 180 days or the equivalent on an hourly
1286	basis; amending s. 1003.03, F.S.; extending dates relating to
1287	the calculation of the number of students for purposes of
1288	complying with the class size requirements; amending s. 1004.55,
1289	F.S.; revising provisions relating to the location and service
1290	area of a regional autism center; amending s. 1006.06, F.S.;
1291	revising provisions relating to school breakfast programs to
1292	include state allocations; amending s. 1006.28, F.S.; clarifying
1293	the definition of the term "adequate instructional materials";
1294	amending s. 1006.40, F.S.; revising provisions relating to the
1295	purchase of instructional materials; amending s. 1008.29, F.S.;
1296	revising provisions relating to the establishment of fees for
1297	the College-level communications and mathematics skills
1298	examination; amending s. 1008.41, F.S.; authorizing rather than
1299	requiring the commissioner to employ the Florida Information
1300	Resource Network for workforce education data management;
1301	amending s. 1010.11, F.S.; providing for the electronic transfer
1302	of funds for certain payments; amending s. 1011.18, F.S.;
1303	providing for the transfer of funds from depositories for
1304	certain payments; amending s. 1011.60, F.S.; revising the
1305	minimum requirements for the Florida Education Finance Program
1306	relating to the term of operation; providing for 196 days of
1307	service or the equivalent on an hourly basis for certain school
1308	district personnel; amending s. 1011.61, F.S.; redefining the
1309	term "full-time equivalent student"; amending s. 1011.62, F.S.;
1310	requiring that a student who is enrolled in study hall or
1311	participates in on-the-job training may not be included in the
1312	calculation of full-time equivalent student membership for
1313	funding purposes; revising provisions relating to the final
1314	calculation of taxable value for purposes of required local
1315	effort; extending a date relating to categorical funds for
1316	instructional materials; revising the calculation for the total
1317	allocation of state funds to districts for current operations;
1318	repealing s. 1011.69(4)(b), F.S., relating to funds excluded
1319	from allocations under the Equity in School-Level Funding Act;
1320	amending s. 1011.71, F.S.; reducing the authorized millage levy
1321	for capital improvement; revising provisions that authorize the
1322	expenditure of such millage; waiving the limit for payments
1323	under certain lease-purchase agreements for a specified period;
1324	authorizing waiver of certain equal dollar reductions;
1325	authorizing district school boards to levy additional millage
1326	for certain purposes for a specified period; providing
1327	restrictions and for certain calculation; amending s. 1011.73,
1328	F.S.; correcting a cross-reference; amending s. 1012.33, F.S.;
1329	extending the period of service for annual contract school
1330	personnel under certain circumstances; deleting provisions
1331	relating to the acceptance of certain teacher service; amending
1332	s. 1012.59, F.S.; revising personnel certification fee
1333	provisions; amending s. 1012.71, F.S.; authorizing the
1334	department to conduct a pilot program to determine the
1335	feasibility of managing the Florida Teachers Lead Program
1336	through a centralized electronic system; amending s. 1012.72,
1337	F.S.; providing requirements for bonuses under the Dale Hickam
1338	Excellent Teaching Program; authorizing rules; amending s.
1339	1013.62, F.S.; providing additional uses for charter school
1340	capital outlay funds; amending s. 1013.64, F.S.; conforming
1341	provisions; requiring certain school districts to contribute
1342	specified millage amounts for special facilities construction
1343	projects; repealing s. 9 of ch. 2008-142, Laws of Florida;
1344	abrogating the expiration of certain amendments relating to
1345	categorical funding for the operation of schools; providing for
1346	implementation of specified appropriations; providing for the
1347	incorporation by reference of certain calculations used by the
1348	Legislature for the 2009-2010 fiscal year; providing for
1349	retroactive operation of specified provisions of the act;
1350	providing an effective date.
1351

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