HB 5005

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

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