Florida Senate - 2009                                    SB 2466
       
       
       
       By Senator Villalobos
       
       
       
       
       38-01157B-09                                          20092466__
    1                        A bill to be entitled                      
    2         An act relating to school districts; creating s.
    3         1001.454, F.S.; providing for the recall of district
    4         school board members; providing applicability;
    5         providing requirements for the petition for recall and
    6         the signature process; providing requirements for the
    7         recall election; requiring that the ballot for recall
    8         contain certain statements; amending s. 1012.22, F.S.;
    9         requiring that each district school board adopt the
   10         district school superintendent's recommendations
   11         relating to compensation and salary schedules unless
   12         66 percent of the district school board members vote
   13         to reject such recommendations; amending s. 1012.27,
   14         F.S.; revising provisions relating to the district
   15         school superintendent's duty to prepare and recommend
   16         salary schedules for adoption by the district school
   17         board; prohibiting the school superintendent from
   18         recommending an increase in salary schedules of
   19         administrative personnel or managers if the salary
   20         schedules of instructional personnel and educational
   21         support employees have not been increased; requiring
   22         that the school superintendent review the salary
   23         schedules of all administrative personnel and managers
   24         to ensure that no person is paid in excess of twice
   25         the district’s average salary of classroom teachers
   26         for the prior academic year; requiring that the school
   27         superintendent recommend corrective action to address
   28         any pay disparity; providing for severability;
   29         providing an effective date.
   30  
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Section 1001.454, Florida Statutes, is created
   34  to read:
   35         1001.454Recall of district school board members.—
   36         (1)APPLICATION.—Any member of a district school board may
   37  be recalled and removed from office by the electors of the
   38  district.
   39         (a)If a board member is elected for single-member
   40  representation within the residence areas of a district pursuant
   41  to s. 1001.362, only electors from that area may sign the
   42  petition to recall the member and vote in the recall election.
   43         (b)If the board member is elected at-large or by the
   44  electors of an entire district pursuant to s. 1001.361, all the
   45  electors of the district may sign the petition to recall the
   46  member and vote in the recall election.
   47         (c)In addition to other procedures provided by law, board
   48  members may be removed from office pursuant to the procedures
   49  provided in this section.
   50         (2)RECALL PETITION.—
   51         (a)Petition content.—A petition for recall shall contain
   52  the name of the person who is to be recalled and the position he
   53  or she currently holds.
   54         (b)Requisite signatures.—
   55         1.In a district or a district school board member
   56  residence area having fewer than 500 registered electors, the
   57  petition must be signed by at least 50 electors or by 10 percent
   58  of the total number of registered electors in the district or
   59  district school board member residence area as of the preceding
   60  district election, whichever is greater.
   61         2.In a district or a district school board member
   62  residence area having 500 or more but fewer than 2,000
   63  registered electors, the petition must be signed by at least 100
   64  electors or by 10 percent of the total number of registered
   65  electors of the district or district school board member
   66  residence area as of the preceding district election, whichever
   67  is greater.
   68         3.In a district or a district school board member
   69  residence area having 2,000 or more but fewer than 5,000
   70  registered electors, the petition must be signed by at least 250
   71  electors or by 10 percent of the total number of registered
   72  electors of the district or district school board member
   73  residence area as of the preceding district election, whichever
   74  is greater.
   75         4.In a district or a district school board member
   76  residence area having 5,000 or more but fewer than 10,000
   77  registered electors, the petition must be signed by at least 500
   78  electors or by 10 percent of the total number of registered
   79  electors of the district or district school board member
   80  residence area as of the preceding district election, whichever
   81  is greater.
   82         5.In a district or a district school board member
   83  residence area having 10,000 or more but fewer than 25,000
   84  registered electors, the petition must be signed by at least
   85  1,000 electors or by 10 percent of the total number of
   86  registered electors of the district or district school board
   87  member residence area as of the preceding district election,
   88  whichever is greater.
   89         6.In a district or a district school board member
   90  residence area having 25,000 or more registered electors, the
   91  petition must be signed by at least 1,000 electors or by 5
   92  percent of the total number of registered electors of the
   93  district or district school board member residence area as of
   94  the preceding district election, whichever is greater.
   95         (c)Signature process.—Each elector who signs a petition
   96  for recall shall sign and date his or her name in ink or
   97  indelible pencil. Each petition shall contain appropriate lines
   98  for each elector's original signature, printed name, street
   99  address, city, county, voter registration number or date of
  100  birth, and date signed.
  101         (d)Filing of signed petitions.—All signed petitions shall
  102  be filed at the same time, no later than 90 days after the date
  103  on which the first signature is obtained, with the auditor or
  104  clerk of the school board, or his or her representative. A
  105  petition may not be amended after it is filed with the auditor
  106  or the clerk, or his or her representative.
  107         (e)Verification of signatures.
  108         1.Immediately after the filing of a petition, the clerk
  109  shall submit the petition to the county supervisor of elections.
  110  No more than 30 days after the date on which all petitions are
  111  received, the supervisor of elections shall promptly verify the
  112  signatures in accordance with s. 99.097 and determine whether
  113  the requisite number of valid signatures has been obtained. Any
  114  party who seeks verification of the signatures must submit a
  115  payment in advance to the supervisor of elections in the amount
  116  of 10 cents for each signature checked or the actual cost of
  117  checking such signatures, whichever is less.
  118         2.If the supervisor of elections determines that the
  119  petition does not contain the requisite number of verified and
  120  valid signatures, the clerk shall, upon receipt of such written
  121  determination, certify to the school board that the requisite
  122  number of verified and valid signatures has not been obtained
  123  and file the petition without taking further action. Additional
  124  names may not be added to the petition and the petition may not
  125  be used in any other proceeding.
  126         3.If the supervisor of elections determines that the
  127  petition has the requisite number of verified and valid
  128  signatures, he or she shall request that the chief judge of the
  129  judicial circuit in which the school district is located fix a
  130  day for holding the recall election.
  131         4.Upon request, the auditor or the clerk, or his or her
  132  representative, shall make the petition and all subsequent
  133  papers or forms required or permitted to be filed in compliance
  134  with this section available in alternative formats.
  135         (3)RECALL ELECTION.—A recall election shall be held not
  136  less than 30 days or more than 60 days after the supervisor of
  137  elections requests the election and at the same time as any
  138  other general or special election held within the period. If the
  139  election is not held within the required period, the judge shall
  140  call a special recall election to be held within the period
  141  provided in this subsection.
  142         (4)BALLOTS.—
  143         (a)The ballot at the recall election must state the
  144  following: “Shall....be removed from the office of....by
  145  recall?”
  146         (b)The following propositions must be stated after each
  147  question on the ballot:
  148         1.“[Name of person] should be removed from office.”
  149         2.“[Name of person] should not be removed from office.”
  150         (5)RESULTS OF RECALL ELECTION.—If a majority of the
  151  electors votes to not remove the member from office, the member
  152  shall continue to serve in office under the terms of his or her
  153  preceding election. If the majority of electors votes to recall
  154  the member, he or she shall, regardless of any defect in the
  155  recall petition, be deemed removed from office immediately.
  156         (6)FILLING OF VACANCIES.—Any vacancy created by recall
  157  shall be filled by appointment in accordance with s. 1001.38.
  158         Section 2. Paragraph (c) of subsection (1) of section
  159  1012.22, Florida Statutes, is amended to read:
  160         1012.22 Public school personnel; powers and duties of the
  161  district school board.—The district school board shall:
  162         (1) Designate positions to be filled, prescribe
  163  qualifications for those positions, and provide for the
  164  appointment, compensation, promotion, suspension, and dismissal
  165  of employees as follows, subject to the requirements of this
  166  chapter:
  167         (c) Compensation and salary schedules.—
  168         1. The district school board shall adopt a salary schedule
  169  or salary schedules designed to furnish incentives for
  170  improvement in training and for continued efficient service to
  171  be used as a basis for paying all school employees and fix and
  172  authorize the compensation of school employees on the basis
  173  thereof.
  174         2. A district school board, in determining the salary
  175  schedule for instructional personnel, must base a portion of
  176  each employee's compensation on performance demonstrated under
  177  s. 1012.34, must consider the prior teaching experience of a
  178  person who has been designated state teacher of the year by any
  179  state in the United States, and must consider prior professional
  180  experience in the field of education gained in positions in
  181  addition to district level instructional and administrative
  182  positions.
  183         3. In developing the salary schedule, the district school
  184  board shall seek input from parents, teachers, and
  185  representatives of the business community.
  186         4. Beginning with the 2007-2008 academic year, each
  187  district school board shall adopt a salary schedule with
  188  differentiated pay for both instructional personnel and school
  189  based administrators. The salary schedule is subject to
  190  negotiation as provided in chapter 447 and must allow
  191  differentiated pay based on district-determined factors,
  192  including, but not limited to, additional responsibilities,
  193  school demographics, critical shortage areas, and level of job
  194  performance difficulties.
  195         5.Beginning with the 2009-2010 academic year, each
  196  district school board shall adopt the district school
  197  superintendent's recommendations relating to the compensation
  198  and salary schedules pursuant to s. 1012.27(2) unless 66 percent
  199  of the district school board members vote to reject such
  200  recommendations.
  201         Section 3. Subsection (2) of section 1012.27, Florida
  202  Statutes, is amended to read:
  203         1012.27 Public school personnel; powers and duties of
  204  district school superintendent.—The district school
  205  superintendent is responsible for directing the work of the
  206  personnel, subject to the requirements of this chapter, and in
  207  addition the district school superintendent shall perform the
  208  following:
  209         (2) COMPENSATION AND SALARY SCHEDULES.—
  210         (a) Prepare and recommend to the district school board for
  211  adoption a salary schedule or salary schedules.
  212         (b)In developing or recommending a salary schedule or
  213  salary schedules, the district school superintendent:
  214         1.The district school superintendent Must recommend a
  215  salary schedule for instructional personnel which bases a
  216  portion of each employee's compensation on performance
  217  demonstrated under s. 1012.34.
  218         2.In developing the recommended salary schedule, the
  219  district school superintendent Shall include input from parents,
  220  teachers, and representatives of the business community.
  221         3.Shall recommend a Beginning with the 2007-2008 academic
  222  year, the recommended salary schedule for classroom teachers
  223  shall be consistent with the district's differentiated-pay
  224  policy based upon s. 1012.22.
  225         4.Beginning with the 2009-2010 academic year, shall
  226  recommend increases to the salary schedules of administrative
  227  personnel or managers only if the salary schedules of
  228  instructional personnel, as defined in s. 1012.01(2), and
  229  educational support employees, as defined in s. 1012.01(6), have
  230  also been increased, before or at the same time as the proposed
  231  salary increases for administrative personnel or managers, by a
  232  percentage greater than that proposed for any of the
  233  administrative personnel or managers.
  234         5.Beginning with the 2009-2010 academic year, shall review
  235  the salary schedules of all administrative personnel and manager
  236  positions and ensure that no person is paid in excess of twice
  237  the district’s average salary of classroom teachers for the
  238  prior academic year. If the school superintendent finds that a
  239  person is receiving more than twice the district’s average
  240  salary of classroom teachers for the prior academic year, the
  241  school superintendent shall recommend corrective action to
  242  address the pay disparity by reducing the administrative
  243  personnel or manager salary or commensurately increasing the
  244  salary schedule and salaries of classroom teachers.
  245         Section 4. If any provision of this act or its application
  246  to any person or circumstance is held invalid, the invalidity
  247  does not affect other provisions or applications of the act
  248  which can be given effect without the invalid provision or
  249  application, and to this end the provisions of this act are
  250  severable.
  251         Section 5. This act shall take effect July 1, 2009.