Florida Senate - 2011                                    SB 2120
       
       
       
       By the Committee on Budget
       
       
       
       
       576-03505-11                                          20112120__
    1                        A bill to be entitled                      
    2         An act relating to K-12 education funding; amending s.
    3         213.053, F.S.; authorizing the Department of Revenue
    4         to provide certain information regarding the gross
    5         receipts tax to the State Board of Education, the
    6         Division of Bond Finance, and the Office of Economic
    7         and Demographic Research; amending s. 215.61, F.S.;
    8         requiring that, for purposes of servicing public
    9         education capital outlay bonds, the State Board of
   10         Education disregard the effects on the gross receipts
   11         tax revenues collected during a tax period of a refund
   12         resulting from a specified settlement agreement;
   13         amending s. 1001.25, F.S.; requiring that the
   14         Department of Education provide a means of extending
   15         educational services through educational television or
   16         other electronic media; amending s. 1001.271, F.S.;
   17         requiring that the Commissioner of Education
   18         facilitate and coordinate the use of the Florida
   19         Information Resource Network by school districts,
   20         educational institutions in the Florida College
   21         System, state universities, and other eligible users;
   22         amending s. 1001.28, F.S.; deleting a reference to the
   23         Florida Knowledge Network as it relates to the
   24         department’s distance learning duties; amending s.
   25         1001.451, F.S.; revising provisions relating to
   26         incentive grants for regional consortium service
   27         organizations; authorizing regional consortium service
   28         organizations to use various means to generate revenue
   29         for future activities; amending s. 1002.33, F.S.;
   30         revising provisions relating to charter schools;
   31         providing for an additional student population to be
   32         included for enrollment in a charter school; providing
   33         that a charter school system may be designated as a
   34         local educational agency for funding purposes if
   35         certain requirements are met; amending s. 1002.34,
   36         F.S.; conforming a cross-reference; amending s.
   37         1003.01, F.S.; redefining the terms “core-curricula
   38         courses” and “extracurricular courses”; amending s.
   39         1003.03, F.S.; deleting a reference to the State
   40         Constitution regarding class size maximums; requiring
   41         that class size maximums be satisfied on or before the
   42         October student membership survey each year; requiring
   43         that the class size maximums be maintained after the
   44         October student membership survey unless certain
   45         conditions occur; providing that a student who enrolls
   46         in a school after the October student membership
   47         survey may be assigned to classes that temporarily
   48         exceed class size maximums if the school board
   49         determines that not assigning the student would be
   50         impractical, educationally unsound, or disruptive to
   51         student learning; providing for a specified number of
   52         students to be assigned above the maximum if the
   53         district school board makes this determination;
   54         requiring that the district school board develop a
   55         plan providing that the school will be in full
   56         compliance with the maximum class size requirements by
   57         the next October student membership survey; amending
   58         s. 1004.02, F.S.; revising the definition of the term
   59         “adult student”; creating s. 1006.282, F.S.;
   60         authorizing each district school board to designate
   61         schools to implement a pilot program for the
   62         transition to instructional materials in an electronic
   63         or digital format; providing definitions; providing
   64         requirements for the designation of pilot schools;
   65         providing exemptions for such schools; requiring that
   66         the district school board report to the department by
   67         a specified date each year; requiring that the report
   68         include certain information; requiring that each
   69         district school board submit a review of the pilot
   70         program to the department, the Executive Office of the
   71         Governor, and the chairs of the legislative
   72         appropriations committees by a specified date each
   73         year; amending s. 1011.62, F.S.; revising provisions
   74         relating to district funding for the operation of
   75         schools; deleting provisions relating to the
   76         coenrollment of high school students; providing the
   77         maximum full-time equivalent membership value for
   78         students completing an industry-certified career and
   79         professional academy program; requiring that the
   80         Department of Education assign the appropriate full
   81         time equivalent value for each certification based on
   82         rigor and employment value; requiring that the State
   83         Board of Education include the assigned values in the
   84         Industry Certification Funding List under rules
   85         adopted by the state board; creating s. 1011.621,
   86         F.S.; requiring that the Department of Education, upon
   87         request by a school district and verification by the
   88         Department of Juvenile Justice, direct a school
   89         district receiving funds through the Florida Education
   90         Finance Program to transfer a pro rata share of the
   91         funds to another district that served the same
   92         students during the same survey period but were unable
   93         to report the students for funding purposes; requiring
   94         that the amount of the transfer be based on the
   95         percentage of the survey period in which the students
   96         were served by each district; amending s. 1011.685,
   97         F.S.; revising provisions relating to class size
   98         reduction operational categorical funds; authorizing a
   99         school district that meets the maximum class size
  100         requirement to use the funds for any lawful operating
  101         expenditure; amending s. 1011.71, F.S.; revising
  102         provisions relating to the district school tax;
  103         providing for future expiration of provisions relating
  104         to additional millage levied by district school
  105         boards; authorizing district school boards to levy
  106         additional millage if approved by the voters;
  107         providing that the local funds generated by the
  108         additional millage not be included in the calculation
  109         of funding through the Florida Education Finance
  110         Program; amending s. 1012.225, F.S.; discontinuing
  111         state funding for the Merit Award Program for
  112         Instructional Personnel and School-Based
  113         Administrators; amending s. 1013.737, F.S.; changing
  114         the name of the Class Size Reduction Lottery Revenue
  115         Bond Program to the Class Size Reduction and
  116         Educational Facilities Lottery Revenue Bond Program;
  117         authorizing the issuance of educational facilities
  118         bonds; adopting by reference the alternate compliance
  119         calculation amounts to the class size operating
  120         categorical, as submitted by the Governor on behalf of
  121         the Department of Education for approval by the
  122         Legislative Budget Commission; requiring that the
  123         Commissioner of Education modify payments to school
  124         districts for the 2010-2011 fiscal year consistent
  125         with the amendment; providing effective dates.
  126  
  127  Be It Enacted by the Legislature of the State of Florida:
  128  
  129         Section 1. Paragraph (dd) is added to subsection (8) of
  130  section 213.053, Florida Statutes, as amended by chapter 2010
  131  280, Laws of Florida, to read:
  132         213.053 Confidentiality and information sharing.—
  133         (8) Notwithstanding any other provision of this section,
  134  the department may provide:
  135         (dd) Information relative to s. 215.61(6) to the State
  136  Board of Education, the Division of Bond Finance, and the Office
  137  of Economic and Demographic Research.
  138  
  139  Disclosure of information under this subsection shall be
  140  pursuant to a written agreement between the executive director
  141  and the agency. Such agencies, governmental or nongovernmental,
  142  shall be bound by the same requirements of confidentiality as
  143  the Department of Revenue. Breach of confidentiality is a
  144  misdemeanor of the first degree, punishable as provided by s.
  145  775.082 or s. 775.083.
  146         Section 2. Subsection (6) is added to section 215.61,
  147  Florida Statutes, to read:
  148         215.61 State system of public education capital outlay
  149  bonds.—
  150         (6) In making the determination as required by subsection
  151  (3) of the amount that can be serviced by the gross receipts
  152  tax, the State Board of Education shall disregard the effects on
  153  the reported gross receipts tax revenues collected during a tax
  154  period of any refund paid by the Department of Revenue as a
  155  direct result of a refund request made pursuant to the
  156  settlement reached in In re: AT&T Mobility Wireless Data
  157  Services Sales Litigation, 270 F.R.D. 330, (Aug. 11, 2010). The
  158  Department of Revenue shall provide to the State Board of
  159  Education, the Division of Bond Finance, and the Office of
  160  Economic and Demographic Research the amount of any such refund
  161  and the tax period in which the refund is included.
  162         Section 3. Paragraph (b) of subsection (2) of section
  163  1001.25, Florida Statutes, is amended to read:
  164         1001.25 Educational television.—
  165         (2) POWERS OF DEPARTMENT.—
  166         (b) The department shall provide through educational
  167  television or and other electronic media a means of extending
  168  educational services to all the state system of public
  169  education, except the state universities, which provision by the
  170  department is limited by paragraph (c) and by s. 1001.26(1). The
  171  department shall recommend to the State Board of Education rules
  172  necessary to provide such services.
  173         Section 4. Section 1001.271, Florida Statutes, is amended
  174  to read:
  175         1001.271 Florida Information Resource Network.—The
  176  Commissioner of Education shall facilitate and coordinate the
  177  use of the Florida Information Resource Network by school
  178  districts, educational institutions in the Florida College
  179  System, universities, and other eligible users. Upon requisition
  180  by school districts, community colleges, universities, or other
  181  eligible users of the Florida Information Resource Network, the
  182  Commissioner of Education shall purchase the nondiscounted
  183  portion of Internet access services, including, but not limited
  184  to, circuits, encryption, content filtering, support, and any
  185  other services needed for the effective and efficient operation
  186  of the network. For the 2009-2010 fiscal year, each school
  187  district, the Florida School for the Deaf and the Blind, and the
  188  regional educational consortia eligible for the e-rate must
  189  submit a requisition to the Commissioner of Education for at
  190  least the same level of Internet access services used through
  191  the Florida Information Resource Network contract in the 2008
  192  2009 fiscal year. Each user shall identify in its requisition
  193  the source of funds from which the commissioner is to make
  194  payments.
  195         Section 5. Subsection (2) of section 1001.28, Florida
  196  Statutes, is amended to read:
  197         1001.28 Distance learning duties.—The duties of the
  198  Department of Education concerning distance learning include,
  199  but are not limited to, the duty to:
  200         (2) Coordinate the use of existing resources, including,
  201  but not limited to, the state’s satellite transponders, the
  202  Florida Information Resource Network (FIRN), the Florida
  203  Knowledge Network, and distance learning initiatives.
  204  
  205  Nothing in this section shall be construed to abrogate,
  206  supersede, alter, or amend the powers and duties of any state
  207  agency, district school board, community college board of
  208  trustees, university board of trustees, the Board of Governors,
  209  or the State Board of Education.
  210         Section 6. Paragraph (a) of subsection (2) of section
  211  1001.451, Florida Statutes, is amended, and subsection (5) is
  212  added to that section, to read:
  213         1001.451 Regional consortium service organizations.—In
  214  order to provide a full range of programs to larger numbers of
  215  students, minimize duplication of services, and encourage the
  216  development of new programs and services:
  217         (2)(a) Each regional consortium service organization that
  218  consists of four or more school districts is eligible to
  219  receive, through the Department of Education, subject to the
  220  funds provided in the General Appropriations Act, an incentive
  221  grant of $50,000 per school district and eligible member to be
  222  used for the delivery of services within the participating
  223  school districts. The determination of services and use of such
  224  funds shall be established by the board of directors of the
  225  regional consortium service organization. The funds shall be
  226  distributed to each regional consortium service organization no
  227  later than 30 days following the release of the funds to the
  228  department.
  229         (5) The board of directors of a regional consortium service
  230  organization may use various means to generate revenue in
  231  support of its activities. The board of directors may acquire,
  232  enjoy, use, and dispose of patents, copyrights, and trademarks
  233  and any licenses and other rights or interests thereunder or
  234  therein. Ownership of all such patents, copyrights, trademarks,
  235  licenses, and rights or interests thereunder or therein shall
  236  vest in the state, with the board of directors having full right
  237  of use and full right to retain the revenues derived therefrom.
  238  Any funds realized from patents, copyrights, trademarks, or
  239  licenses shall be considered internal funds as provided in s.
  240  1011.07. Such funds shall be used to support the organization’s
  241  marketing and research and development activities in order to
  242  improve and increase services to its member districts.
  243         Section 7. Paragraph (e) of subsection (10) and subsection
  244  (19) of section 1002.33, Florida Statutes, are amended, present
  245  subsections (25) and (26) of that section are redesignated as
  246  subsections (26) and (27), respectively, and a new subsection
  247  (25) is added to that section, to read:
  248         1002.33 Charter schools.—
  249         (10) ELIGIBLE STUDENTS.—
  250         (e) A charter school may limit the enrollment process only
  251  to target the following student populations:
  252         1. Students within specific age groups or grade levels.
  253         2. Students considered at risk of dropping out of school or
  254  academic failure. Such students shall include exceptional
  255  education students.
  256         3. Students enrolling in a charter school-in-the-workplace
  257  or charter school-in-a-municipality established pursuant to
  258  subsection (15).
  259         4. Students residing within a reasonable distance of the
  260  charter school, as described in paragraph (20)(c). Such students
  261  shall be subject to a random lottery and to the racial/ethnic
  262  balance provisions described in subparagraph (7)(a)8. or any
  263  federal provisions that require a school to achieve a
  264  racial/ethnic balance reflective of the community it serves or
  265  within the racial/ethnic range of other public schools in the
  266  same school district.
  267         5. Students who meet reasonable academic, artistic, or
  268  other eligibility standards established by the charter school
  269  and included in the charter school application and charter or,
  270  in the case of existing charter schools, standards that are
  271  consistent with the school’s mission and purpose. Such standards
  272  shall be in accordance with current state law and practice in
  273  public schools and may not discriminate against otherwise
  274  qualified individuals.
  275         6. Students articulating from one charter school to another
  276  pursuant to an articulation agreement between the charter
  277  schools that has been approved by the sponsor.
  278         7. Students living in a development in which a business
  279  entity provides the school facility and related property having
  280  an appraised value of at least $10 million to be used as a
  281  charter school for the development. Students living in the
  282  development shall be entitled to 50 percent of the student
  283  stations in the charter school. The students who are eligible
  284  for enrollment are subject to a random lottery, the
  285  racial/ethnic balance provisions, or any federal provisions, as
  286  described in subparagraph 4. The remainder of the student
  287  stations shall be filled in accordance with subparagraph 4.
  288         (19) CAPITAL OUTLAY FUNDING.—Charter schools are eligible
  289  for capital outlay funds pursuant to s. 1013.62. Capital outlay
  290  funds authorized in ss. s. 1011.71(2) and 1013.62 that have been
  291  shared with a charter school-in-the-workplace prior to July 1,
  292  2010, are deemed to have met the authorized expenditure
  293  requirements for such funds.
  294         (25)LOCAL EDUCATIONAL AGENCY STATUS FOR CERTAIN CHARTER
  295  SCHOOL SYSTEMS.—A charter school system shall be considered a
  296  local educational agency for the purpose of receiving federal
  297  funds, the same as though the charter school system were a
  298  school district, if the governing board of the charter school
  299  system has adopted and filed a resolution with its sponsoring
  300  district school board and the Department of Education in which
  301  the governing board of the charter school system accepts the
  302  full responsibility for all local education agency requirements
  303  and the charter school system meets all of the following:
  304         (a) Includes both conversion charter schools and
  305  nonconversion charter schools;
  306         (b) Has all schools located in the same county;
  307         (c) Has a total enrollment exceeding the total enrollment
  308  of at least one school district in the state;
  309         (d) Has the same governing board; and
  310         (e) Does not contract with a for-profit service provider
  311  for management of school operations.
  312  
  313  Such designation shall not apply to other provisions unless
  314  specifically provided in law.
  315         Section 8. Subsection (13) of section 1002.34, Florida
  316  Statutes, is amended to read:
  317         1002.34 Charter technical career centers.—
  318         (13) BOARD OF DIRECTORS AUTHORITY.—The board of directors
  319  of a center may decide matters relating to the operation of the
  320  school, including budgeting, curriculum, and operating
  321  procedures, subject to the center’s charter. The board of
  322  directors is responsible for performing the duties provided in
  323  s. 1002.345, including monitoring the corrective action plan.
  324  The board of directors must comply with s. 1002.33(26) s.
  325  1002.33(25).
  326         Section 9. Subsections (14) and (15) of section 1003.01,
  327  Florida Statutes, are amended to read:
  328         1003.01 Definitions.—As used in this chapter, the term:
  329         (14) “Core-curricula courses” means:
  330         (a) Language arts/reading, mathematics, and science courses
  331  in prekindergarten through grade 3;
  332         (b) Courses in grades 4 through 8 in subjects that are
  333  measured by state assessment at any grade level;
  334         (c) Courses in grades 9 through 12 in subjects that are
  335  measured by state assessment at any grade level;
  336         (d) Courses that are specifically identified by name in
  337  statute as required for high school graduation and that are not
  338  measured by state assessment, excluding any extracurricular
  339  courses;
  340         (e) Exceptional student education courses; and
  341         (f) English for Speakers of Other Languages courses.
  342  courses defined by the Department of Education as mathematics,
  343  language arts/reading, science, social studies, foreign
  344  language, English for Speakers of Other Languages, exceptional
  345  student education, and courses taught in traditional self
  346  contained elementary school classrooms.
  347  
  348  The maximum number of students assigned to a core-curricula high
  349  school course in which a student in grades 4 through 8 is
  350  enrolled shall be governed by the requirements in s.
  351  1003.03(1)(c). The term is limited in meaning and used for the
  352  sole purpose of designating classes that are subject to the
  353  maximum class size requirements established in s. 1, Art. IX of
  354  the State Constitution. This term does not include courses
  355  offered under ss. 1002.37, 1002.415, and 1002.45.
  356         (15) “Extracurricular courses” means all courses that are
  357  not defined as “core-curricula courses,” which may include, but
  358  are not limited to, physical education, fine arts, performing
  359  fine arts, and career education, and courses that may result in
  360  college credit. The term is limited in meaning and used for the
  361  sole purpose of designating classes that are not subject to the
  362  maximum class size requirements established in s. 1, Art. IX of
  363  the State Constitution.
  364         Section 10. Subsections (1) and (2) of section 1003.03,
  365  Florida Statutes, are amended to read:
  366         1003.03 Maximum class size.—
  367         (1) CONSTITUTIONAL CLASS SIZE MAXIMUMS.—Each year, on or
  368  before the October student membership survey, the following
  369  class size maximums shall be satisfied Pursuant to s. 1, Art. IX
  370  of the State Constitution, beginning in the 2010-2011 school
  371  year:
  372         (a) The maximum number of students assigned to each teacher
  373  who is teaching core-curricula courses in public school
  374  classrooms for prekindergarten through grade 3 may not exceed 18
  375  students.
  376         (b) The maximum number of students assigned to each teacher
  377  who is teaching core-curricula courses in public school
  378  classrooms for grades 4 through 8 may not exceed 22 students.
  379         (c) The maximum number of students assigned to each teacher
  380  who is teaching core-curricula courses in public school
  381  classrooms for grades 9 through 12 may not exceed 25 students.
  382  
  383  These maximums shall be maintained after the October student
  384  membership survey, except as provided in paragraph (2)(b) or due
  385  to an extreme emergency beyond the control of the district
  386  school board.
  387         (2) IMPLEMENTATION.—
  388         (a) The Department of Education shall annually calculate
  389  class size measures described in subsection (1) based upon the
  390  October student membership survey.
  391         (b) A student who enrolls in a school after the October
  392  student membership survey may be assigned to an existing class
  393  that temporarily exceeds the maximum number of students in
  394  subsection (1) if the district school board determines it to be
  395  impractical, educationally unsound, or disruptive to student
  396  learning to not assign the student to the class. If the district
  397  school board makes this determination:
  398         1. Up to three students may be assigned to a teacher in
  399  kindergarten through grade 3 above the maximum as provided in
  400  paragraph (1)(a);
  401         2. Up to five students may be assigned to a teacher in
  402  grades 4 through 12 above the maximum as provided in paragraphs
  403  (1)(b) and (1)(c), respectively; and
  404         3. The district school board shall develop a plan that
  405  provides that the school will be in full compliance with the
  406  maximum class size in subsection (1) by the next October student
  407  membership survey.
  408         (b) Prior to the adoption of the district school budget for
  409  2010-2011, each district school board shall hold public hearings
  410  and provide information to parents on the district’s website,
  411  and through any other means by which the district provides
  412  information to parents and the public, on the district’s
  413  strategies to meet the requirements in subsection (1).
  414         Section 11. Subsection (6) of section 1004.02, Florida
  415  Statutes, is amended to read:
  416         1004.02 Definitions.—As used in this chapter:
  417         (6) “Adult student” is a student who is beyond the
  418  compulsory school age and who has legally left elementary or
  419  secondary school, or a high school student who is taking an
  420  adult course required for high school graduation.
  421         Section 12. Section 1006.282, Florida Statutes, is created
  422  to read:
  423         1006.282Transition to electronic and digital instructional
  424  material pilot program.—
  425         (1) A school district board may designate pilot schools to
  426  implement the transition to instructional materials that are in
  427  an electronic or a digital format.
  428         (2) For the purpose of this section, the term:
  429         (a) “Electronic format” means text-based or image-based
  430  content in a form that is produced on, published by, and
  431  readable on computers or other digital devices and is an
  432  electronic version of a printed book, whether or not any printed
  433  equivalent exists.
  434         (b) “Digital format” means text-based or image-based
  435  content in a form that provides the student with various
  436  interactive functions; that can be searched, tagged,
  437  distributed, and utilized for individualized or group learning;
  438  that may include multimedia content such as video clips,
  439  animations, or virtual reality; and that has the ability to be
  440  accessed through the district’s local instructional improvement
  441  system or a variety of mobile, electronic, or digital devices.
  442         (3) A school board may designate pilot schools only if the
  443  school district:
  444         (a) Has implemented a learning management system pursuant
  445  to s. 1006.281, which also enables district and school staff to
  446  plan, create, and manage professional development and to connect
  447  professional development with staff information and student
  448  performance; provides ability to seamlessly connect the system
  449  to electronic and digital instructional materials and the
  450  instructional materials to student assessment data; and includes
  451  the minimum standards published by the Department of Education.
  452         (b) Requests only the electronic format of the specimen
  453  copies of instructional materials submitted pursuant to s.
  454  1006.33.
  455         (c) Uses at least 50 percent of the pilot school’s annual
  456  allocation from the district for the purchase of electronic or
  457  digital instructional materials included on the state-adopted
  458  list.
  459         (4) A school designated as a pilot school by the school
  460  board is exempt from:
  461         (a) Section 1006.40(2)(a), if the school provides
  462  comprehensive electronic or digital instructional materials to
  463  the students within the pilot school; and
  464         (b) Section 1006.37, relating to the requisition of
  465  instructional materials from the publisher’s depository.
  466         (5) By August 1 of each year beginning in 2011, the school
  467  board must report to the Department of Education the school or
  468  schools in its district that have been designated as a pilot
  469  school. The report must include:
  470         (a) The name of the pilot school, and the grade or grades
  471  and associated course or courses included in the pilot.
  472         (b) A description of the type of technological tool or
  473  tools that will be used to access the electronic or digital
  474  instructional materials included in the pilot.
  475         (c) The projected costs, including cost savings or cost
  476  avoidances, associated with the pilot.
  477         (6) By September 1 of each year beginning in 2012, each
  478  school board that has designated a pilot school must provide to
  479  the Department of Education, the Executive Office of the
  480  Governor, and the chairs of the appropriations committees of the
  481  Senate and the House of Representatives a review of the pilot
  482  school which must include, but need not limited be to:
  483         (a) Successful practices;
  484         (b) Lessons learned;
  485         (c) Level of investment and cost-effectiveness; and
  486         (d) Impacts on student performance.
  487         Section 13. Paragraphs (j) through (u) of subsection (1)
  488  and paragraph (b) of subsection (6) of section 1011.62, Florida
  489  Statutes, are amended to read:
  490         1011.62 Funds for operation of schools.—If the annual
  491  allocation from the Florida Education Finance Program to each
  492  district for operation of schools is not determined in the
  493  annual appropriations act or the substantive bill implementing
  494  the annual appropriations act, it shall be determined as
  495  follows:
  496         (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
  497  OPERATION.—The following procedure shall be followed in
  498  determining the annual allocation to each district for
  499  operation:
  500         (j)Coenrollment.—If a high school student wishes to earn
  501  high school credits from a community college and enrolls in one
  502  or more adult secondary education courses at the community
  503  college, the community college shall be reimbursed for the costs
  504  incurred because of the high school student’s coenrollment as
  505  provided in the General Appropriations Act.
  506         (j)(k)Instruction in exploratory career education.
  507  Students in grades 7 through 12 who are enrolled for more than
  508  four semesters in exploratory career education may not be
  509  counted as full-time equivalent students for this instruction.
  510         (k)(l)Study hall.—A student who is enrolled in study hall
  511  may not be included in the calculation of full-time equivalent
  512  student membership for funding under this section.
  513         (l)(m)Calculation of additional full-time equivalent
  514  membership based on International Baccalaureate examination
  515  scores of students.—A value of 0.16 full-time equivalent student
  516  membership shall be calculated for each student enrolled in an
  517  International Baccalaureate course who receives a score of 4 or
  518  higher on a subject examination. A value of 0.3 full-time
  519  equivalent student membership shall be calculated for each
  520  student who receives an International Baccalaureate diploma.
  521  Such value shall be added to the total full-time equivalent
  522  student membership in basic programs for grades 9 through 12 in
  523  the subsequent fiscal year. Each school district shall allocate
  524  80 percent of the funds received from International
  525  Baccalaureate bonus FTE funding to the school program whose
  526  students generate the funds and to school programs that prepare
  527  prospective students to enroll in International Baccalaureate
  528  courses. Funds shall be expended solely for the payment of
  529  allowable costs associated with the International Baccalaureate
  530  program. Allowable costs include International Baccalaureate
  531  annual school fees; International Baccalaureate examination
  532  fees; salary, benefits, and bonuses for teachers and program
  533  coordinators for the International Baccalaureate program and
  534  teachers and coordinators who prepare prospective students for
  535  the International Baccalaureate program; supplemental books;
  536  instructional supplies; instructional equipment or instructional
  537  materials for International Baccalaureate courses; other
  538  activities that identify prospective International Baccalaureate
  539  students or prepare prospective students to enroll in
  540  International Baccalaureate courses; and training or
  541  professional development for International Baccalaureate
  542  teachers. School districts shall allocate the remaining 20
  543  percent of the funds received from International Baccalaureate
  544  bonus FTE funding for programs that assist academically
  545  disadvantaged students to prepare for more rigorous courses. The
  546  school district shall distribute to each classroom teacher who
  547  provided International Baccalaureate instruction:
  548         1. A bonus in the amount of $50 for each student taught by
  549  the International Baccalaureate teacher in each International
  550  Baccalaureate course who receives a score of 4 or higher on the
  551  International Baccalaureate examination.
  552         2. An additional bonus of $500 to each International
  553  Baccalaureate teacher in a school designated with a grade of “D”
  554  or “F” who has at least one student scoring 4 or higher on the
  555  International Baccalaureate examination, regardless of the
  556  number of classes taught or of the number of students scoring a
  557  4 or higher on the International Baccalaureate examination.
  558  
  559  Bonuses awarded to a teacher according to this paragraph shall
  560  not exceed $2,000 in any given school year and shall be in
  561  addition to any regular wage or other bonus the teacher received
  562  or is scheduled to receive.
  563         (m)(n)Calculation of additional full-time equivalent
  564  membership based on Advanced International Certificate of
  565  Education examination scores of students.—A value of 0.16 full
  566  time equivalent student membership shall be calculated for each
  567  student enrolled in a full-credit Advanced International
  568  Certificate of Education course who receives a score of E or
  569  higher on a subject examination. A value of 0.08 full-time
  570  equivalent student membership shall be calculated for each
  571  student enrolled in a half-credit Advanced International
  572  Certificate of Education course who receives a score of E or
  573  higher on a subject examination. A value of 0.3 full-time
  574  equivalent student membership shall be calculated for each
  575  student who receives an Advanced International Certificate of
  576  Education diploma. Such value shall be added to the total full
  577  time equivalent student membership in basic programs for grades
  578  9 through 12 in the subsequent fiscal year. The school district
  579  shall distribute to each classroom teacher who provided Advanced
  580  International Certificate of Education instruction:
  581         1. A bonus in the amount of $50 for each student taught by
  582  the Advanced International Certificate of Education teacher in
  583  each full-credit Advanced International Certificate of Education
  584  course who receives a score of E or higher on the Advanced
  585  International Certificate of Education examination. A bonus in
  586  the amount of $25 for each student taught by the Advanced
  587  International Certificate of Education teacher in each half
  588  credit Advanced International Certificate of Education course
  589  who receives a score of E or higher on the Advanced
  590  International Certificate of Education examination.
  591         2. An additional bonus of $500 to each Advanced
  592  International Certificate of Education teacher in a school
  593  designated with a grade of “D” or “F” who has at least one
  594  student scoring E or higher on the full-credit Advanced
  595  International Certificate of Education examination, regardless
  596  of the number of classes taught or of the number of students
  597  scoring an E or higher on the full-credit Advanced International
  598  Certificate of Education examination.
  599         3. Additional bonuses of $250 each to teachers of half
  600  credit Advanced International Certificate of Education classes
  601  in a school designated with a grade of “D” or “F” which has at
  602  least one student scoring an E or higher on the half-credit
  603  Advanced International Certificate of Education examination in
  604  that class. The maximum additional bonus for a teacher awarded
  605  in accordance with this subparagraph shall not exceed $500 in
  606  any given school year. Teachers receiving an award under
  607  subparagraph 2. are not eligible for a bonus under this
  608  subparagraph.
  609  
  610  Bonuses awarded to a teacher according to this paragraph shall
  611  not exceed $2,000 in any given school year and shall be in
  612  addition to any regular wage or other bonus the teacher received
  613  or is scheduled to receive.
  614         (n)(o)Calculation of additional full-time equivalent
  615  membership based on college board advanced placement scores of
  616  students.—A value of 0.16 full-time equivalent student
  617  membership shall be calculated for each student in each advanced
  618  placement course who receives a score of 3 or higher on the
  619  College Board Advanced Placement Examination for the prior year
  620  and added to the total full-time equivalent student membership
  621  in basic programs for grades 9 through 12 in the subsequent
  622  fiscal year. Each district must allocate at least 80 percent of
  623  the funds provided to the district for advanced placement
  624  instruction, in accordance with this paragraph, to the high
  625  school that generates the funds. The school district shall
  626  distribute to each classroom teacher who provided advanced
  627  placement instruction:
  628         1. A bonus in the amount of $50 for each student taught by
  629  the Advanced Placement teacher in each advanced placement course
  630  who receives a score of 3 or higher on the College Board
  631  Advanced Placement Examination.
  632         2. An additional bonus of $500 to each Advanced Placement
  633  teacher in a school designated with a grade of “D” or “F” who
  634  has at least one student scoring 3 or higher on the College
  635  Board Advanced Placement Examination, regardless of the number
  636  of classes taught or of the number of students scoring a 3 or
  637  higher on the College Board Advanced Placement Examination.
  638  
  639  Bonuses awarded to a teacher according to this paragraph shall
  640  not exceed $2,000 in any given school year and shall be in
  641  addition to any regular wage or other bonus the teacher received
  642  or is scheduled to receive.
  643         (o)(p)Calculation of additional full-time equivalent
  644  membership based on certification of successful completion of
  645  industry-certified career and professional academy programs
  646  pursuant to ss. 1003.491, 1003.492, and 1003.493 and identified
  647  in the Industry Certified Funding List pursuant to rules adopted
  648  by the State Board of Education.—A value of 0.1, 0.2, or 0.3
  649  full-time equivalent student membership shall be calculated for
  650  each student who completes an industry-certified career and
  651  professional academy program under ss. 1003.491, 1003.492, and
  652  1003.493 and who is issued the highest level of industry
  653  certification identified annually in the Industry Certification
  654  Funding List approved under rules adopted by the State Board of
  655  Education and a high school diploma. The maximum full-time
  656  equivalent student membership value for any student is 0.3. The
  657  Department of Education shall assign the appropriate full-time
  658  equivalent value for each certification, 50 percent of which is
  659  based on rigor and the remaining 50 percent on employment value.
  660  The State Board of Education shall include the assigned values
  661  in the Industry Certification Funding List under rules adopted
  662  by the state board. Rigor shall be based on the number of
  663  instructional hours, including work experience hours, required
  664  to earn the certification, with a bonus for industry
  665  certifications that have a statewide articulation agreement for
  666  college credit approved by the State Board of Education.
  667  Employment value shall be based on the entry wage, growth rate
  668  in employment for each occupational category, and average annual
  669  openings for the primary occupation linked to the industry
  670  certification. Such value shall be added to the total full-time
  671  equivalent student membership in secondary career education
  672  programs for grades 9 through 12 in the subsequent year for
  673  courses that were not funded through dual enrollment. The
  674  additional full-time equivalent membership authorized under this
  675  paragraph may not exceed 0.3 per student. Each district must
  676  allocate at least 80 percent of the funds provided for industry
  677  certification, in accordance with this paragraph, to the program
  678  that generated the funds. Unless a different amount is specified
  679  in the General Appropriations Act, the appropriation for this
  680  calculation is limited to $15 million annually. If the
  681  appropriation is insufficient to fully fund the total
  682  calculation, the appropriation shall be prorated.
  683         (p)(q)Calculation of additional full-time equivalent
  684  membership for the Florida Virtual School.—The reported full
  685  time equivalent student membership for the Florida Virtual
  686  School for students who are also enrolled in a school district
  687  shall be multiplied by 0.114, and such value shall be added to
  688  the total full-time equivalent student membership.
  689         (q)(r)Year-round-school programs.—The Commissioner of
  690  Education is authorized to adjust student eligibility
  691  definitions, funding criteria, and reporting requirements of
  692  statutes and rules in order that year-round-school programs may
  693  achieve equivalent application of funding requirements with non
  694  year-round-school programs.
  695         (r)(s)Extended-school-year program.—It is the intent of
  696  the Legislature that students be provided additional instruction
  697  by extending the school year to 210 days or more. Districts may
  698  apply to the Commissioner of Education for funds to be used in
  699  planning and implementing an extended-school-year program.
  700         (s)(t)Determination of the basic amount for current
  701  operation.—The basic amount for current operation to be included
  702  in the Florida Education Finance Program for kindergarten
  703  through grade 12 for each district shall be the product of the
  704  following:
  705         1. The full-time equivalent student membership in each
  706  program, multiplied by
  707         2. The cost factor for each program, adjusted for the
  708  maximum as provided by paragraph (c), multiplied by
  709         3. The base student allocation.
  710         (t)(u)Computation for funding through the Florida
  711  Education Finance Program.—The State Board of Education may
  712  adopt rules establishing programs and courses for which the
  713  student may earn credit toward high school graduation.
  714         (6) CATEGORICAL FUNDS.—
  715         (b) If a district school board finds and declares in a
  716  resolution adopted at a regular meeting of the school board that
  717  the funds received for any of the following categorical
  718  appropriations are urgently needed to maintain school board
  719  specified academic classroom instruction, the school board may
  720  consider and approve an amendment to the school district
  721  operating budget transferring the identified amount of the
  722  categorical funds to the appropriate account for expenditure:
  723         1. Funds for student transportation.
  724         2. Funds for safe schools.
  725         3. Funds for supplemental academic instruction.
  726         4. Funds for research-based reading instruction.
  727         5. Funds for instructional materials if all instructional
  728  material purchases necessary to provide updated materials
  729  aligned to Next Generation Sunshine State Standards and
  730  benchmarks and that meet statutory requirements of content and
  731  learning have been completed for that fiscal year, but no sooner
  732  than March 1, 2011. Funds available after March 1 may be used to
  733  purchase hardware for student instruction.
  734         Section 14. Section 1011.621, Florida Statutes, is created
  735  to read:
  736         1011.621 Adjustments for interdistrict transfers of
  737  students in Department of Juvenile Justice detention facilities
  738  within a survey period.—The Department of Education, upon the
  739  request by a school district and verification by the Department
  740  of Juvenile Justice, shall direct a school district that
  741  receives Florida Education Finance Program funds attributed to a
  742  membership survey for children in secure detention care pursuant
  743  to chapter 985 to transfer a pro rata share of the funds to
  744  another district that served the same students during the same
  745  survey period but were unable to report the students for
  746  funding. The amount of the funds transfer shall be based on the
  747  percentage of the survey period in which the students were
  748  served by each district.
  749         Section 15. Subsection (2) of section 1011.685, Florida
  750  Statutes, is amended to read:
  751         1011.685 Class size reduction; operating categorical fund.—
  752         (2) Class size reduction operating categorical funds shall
  753  be used by school districts to reduce class size as required in
  754  s. 1003.03. A school district that meets the maximum class size
  755  requirement may use the funds, or the funds may be used for any
  756  lawful operating expenditure; however, priority shall be given
  757  to increasing salaries of classroom teachers.
  758         Section 16. Paragraph (b) of subsection (3) of section
  759  1011.71, Florida Statutes, is amended, and paragraphs (c) and
  760  (d) are added to that subsection, to read:
  761         1011.71 District school tax.—
  762         (3)
  763         (b) In addition to the millage authorized in this section,
  764  each district school board may, by a super majority vote, levy
  765  an additional 0.25 mills for critical capital outlay needs or
  766  for critical operating needs. If levied for capital outlay,
  767  expenditures shall be subject to the requirements of this
  768  section. If levied for operations, expenditures shall be
  769  consistent with the requirements for operating funds received
  770  pursuant to s. 1011.62. If the district levies this additional
  771  0.25 mills for operations, the compression adjustment pursuant
  772  to s. 1011.62(5) shall be calculated and added to the district’s
  773  FEFP allocation. Millage levied pursuant to this paragraph is
  774  subject to the provisions of s. 200.065. In order to be
  775  continued after the 2010-2011 fiscal year, millage levied
  776  pursuant to this paragraph must be approved by the voters of the
  777  district at the 2010 general election or at a subsequent
  778  election held at any time, except that not more than one such
  779  election shall be held during any 12-month period. Any millage
  780  so authorized shall be levied for a period not in excess of 2
  781  years or until changed by another millage election, whichever is
  782  earlier. If any such election is invalidated by a court of
  783  competent jurisdiction, such invalidated election shall be
  784  considered not to have been held. The provisions of this
  785  paragraph expire June 30, 2011.
  786         (c) Local funds generated by the additional 0.25 mills
  787  authorized in paragraph (b) and state funds provided pursuant to
  788  s. 1011.62(5) may not be included in the calculation of the
  789  Florida Education Finance Program in 2011-2012 or any subsequent
  790  year and may not be incorporated in the calculation of any hold
  791  harmless or other component of the Florida Education Finance
  792  Program in any year, except as provided in paragraph (d).
  793         (d) For the 2011-2012 and 2012-2013 fiscal years, the 0.25
  794  mills authorized in paragraph (b) may be levied by the districts
  795  in which it was authorized by the voters in the 2010 general
  796  election. If a district levies this voter-approved 0.25 mills
  797  for operations, a compression adjustment pursuant to s.
  798  1011.62(5) may be calculated and added to the district’s Florida
  799  Education Finance Program allocation, subject to determination
  800  in the General Appropriations Act.
  801         Section 17. Subsection (8) is added to section 1012.225,
  802  Florida Statutes, to read:
  803         1012.225 Merit Award Program for Instructional Personnel
  804  and School-Based Administrators.—
  805         (8) EXPIRATION.—State funding pursuant to this section
  806  shall be discontinued following payment of awards for the 2010
  807  2011 fiscal year.
  808         Section 18. Section 1013.737, Florida Statutes, is amended
  809  to read:
  810         1013.737 The Class Size Reduction and Educational
  811  Facilities Lottery Revenue Bond Program.—There is established
  812  the Class Size Reduction and Educational Facilities Lottery
  813  Revenue Bond Program.
  814         (1) The issuance of revenue bonds is authorized to finance
  815  or refinance the construction, acquisition, reconstruction, or
  816  renovation of educational facilities. Such bonds shall be issued
  817  pursuant to and in compliance with the provisions of s. 11(d),
  818  Art. VII of the State Constitution, the provisions of the State
  819  Bond Act, ss. 215.57-215.83, as amended, and the provisions of
  820  this section.
  821         (2) The bonds are payable from, and secured by a first lien
  822  on, the first lottery revenues transferred to the Educational
  823  Enhancement Trust Fund each fiscal year, as provided by s.
  824  24.121(2), and do not constitute a general obligation of, or a
  825  pledge of the full faith and credit of, the state.
  826         (3) The state hereby covenants with the holders of such
  827  revenue bonds that it will not take any action that will
  828  materially and adversely affect the rights of such holders so
  829  long as bonds authorized by this section are outstanding. The
  830  state does hereby additionally authorize the establishment of a
  831  covenant in connection with the bonds which provides that any
  832  additional funds received by the state from new or enhanced
  833  lottery programs; video gaming; banking card games, including
  834  baccarat, chemin de fer, or blackjack; electronic or
  835  electromechanical facsimiles of any game of chance; casino
  836  games; slot machines; or other similar activities will first be
  837  available for payments relating to bonds pledging revenues
  838  available pursuant to s. 24.121(2), prior to use for any other
  839  purpose.
  840         (4) The bonds shall be issued by the Division of Bond
  841  Finance of the State Board of Administration on behalf of the
  842  Department of Education in such amount as shall be requested by
  843  resolution of the State Board of Education. However, the total
  844  principal amount of bonds, excluding refunding bonds, issued
  845  pursuant to this section shall not exceed amounts specifically
  846  authorized in the General Appropriations Act.
  847         (5) Proceeds available from the sale of the bonds shall be
  848  deposited in the Lottery Capital Outlay and Debt Service Trust
  849  Fund within the Department of Education.
  850         (6) The facilities to be financed with the proceeds of such
  851  bonds are designated as state fixed capital outlay projects for
  852  purposes of s. 11(d), Art. VII of the State Constitution, and
  853  the specific facilities to be financed shall be determined in
  854  accordance with state law and appropriations from the
  855  Educational Enhancement Trust Fund. Projects shall be funded
  856  from the Lottery Capital Outlay and Debt Service Trust Fund.
  857  Each educational facility to be financed with the proceeds of
  858  the bonds issued pursuant to this section is hereby approved as
  859  required by s. 11(f), Art. VII of the State Constitution.
  860         (7) Any complaint for validation of such bonds is required
  861  to be filed only in the circuit court of the county where the
  862  seat of state government is situated. The notice required to be
  863  published by s. 75.06 is required to be published only in the
  864  county where the complaint is filed, and the complaint and order
  865  of the circuit court need be served only on the state attorney
  866  of the circuit in which the action is pending.
  867         (8) The Commissioner of Education shall provide for timely
  868  encumbrances of funds for duly authorized projects. Encumbrances
  869  may include proceeds to be received under a resolution approved
  870  by the State Board of Education authorizing issuance of class
  871  size reduction lottery bonds or educational facilities bonds
  872  pursuant to s. 11(d), Art. VII of the State Constitution, this
  873  section, and other applicable law.
  874         Section 19. Notwithstanding the required review by the
  875  Legislative Budget Commission pursuant to s. 1003.03(4)(c),
  876  Florida Statutes, the Legislature hereby adopts by reference the
  877  alternate compliance calculation amounts to the class size
  878  operating categorical as set forth in Budget Amendment EOG
  879  #O2011-0074, as submitted on March 2, 2011, by the Governor on
  880  behalf of the Department of Education for approval by the
  881  Legislative Budget Commission. The Commissioner of Education
  882  shall modify payments to school districts for the 2010-2011
  883  fiscal year consistent with the amendment and s. 1003.03,
  884  Florida Statutes. This section shall take effect upon this act
  885  becoming a law.
  886         Section 20. Except as otherwise expressly provided in this
  887  act and except for this section, which shall take effect upon
  888  this act becoming a law, this act shall take effect July 1,
  889  2011.