Florida Senate - 2015 PROPOSED COMMITTEE SUBSTITUTE
Bill No. CS for SB 948
Ì689974eÎ689974
576-03703-15
Proposed Committee Substitute by the Committee on Appropriations
(Appropriations Subcommittee on Education)
1 A bill to be entitled
2 An act relating to education; amending s. 282.0051,
3 F.S.; requiring the Agency for State Technology to
4 establish and publish information technology
5 architecture standards for purposes of implementing
6 digital classrooms by a specified date; requiring the
7 agency to collaborate with the Department of Education
8 and the Department of Management Services to identify
9 certain state contract procurement options for
10 services that support such standards and to identify
11 certain shared services available through the State
12 Data Center to facilitate the implementation of school
13 district digital classrooms plans; requiring the
14 agency’s annual assessment of the Department of
15 Education to review specified issues with respect to
16 school district digital classrooms plans and to
17 provide planning assistance to address and reduce
18 issues identified by the assessment; amending s.
19 282.00515, F.S.; conforming a cross-reference to
20 changes made by the act; creating s. 282.0052, F.S.;
21 establishing requirements for the agency or a
22 contracted organization with respect to the
23 establishment and assessment of digital classrooms
24 information technology architecture standards;
25 requiring the agency or contracted organization to
26 annually submit a report to the Governor and the
27 Legislature; prescribing report requirements;
28 requiring the agency to annually update the
29 Commissioner of Education on the status of technology
30 infrastructure; requiring the Department of Education
31 to annually update school districts regarding
32 compliance with information technology architecture
33 standards and provide planning guidance; requiring a
34 school district to take certain action in the event of
35 noncompliance with information technology architecture
36 standards; amending s. 446.021, F.S.; revising terms;
37 amending s. 446.032, F.S.; conforming a provision to
38 changes made by the act; requiring the Department of
39 Education, in collaboration with the Department of
40 Economic Opportunity, to identify, develop, and
41 register specified apprenticeship programs; requiring
42 the department to annually submit an accountability
43 report with specified requirements to the Governor,
44 the Legislature, and the Higher Education Coordinating
45 Council; requiring the department to post on its
46 Internet website specified information regarding
47 apprenticeship programs; amending s. 446.045, F.S.;
48 clarifying State Apprenticeship Advisory Council
49 membership; amending s. 446.052, F.S.; requiring the
50 Department of Education, in collaboration with the
51 Department of Economic Opportunity, to identify,
52 develop, and register specified preapprenticeship
53 programs; requiring the department to annually submit
54 an accountability report with specified requirements
55 to the Governor, the Legislature, and the Higher
56 Education Coordinating Council; requiring the
57 department to post on its Internet website specified
58 information regarding preapprenticeship programs;
59 requiring the Department of Education, in
60 collaboration with the Department of Economic
61 Opportunity and CareerSource Florida, Inc., to submit
62 an operational report to the Governor, the
63 Legislature, and the Higher Education Coordinating
64 Council with specified information; providing for
65 expiration; amending s. 446.081, F.S.; clarifying the
66 limitations of certain provisions; amending s.
67 446.091, F.S.; conforming a provision to a change made
68 by the act; amending s. 446.092, F.S.; revising
69 characteristics of an apprenticeable occupation;
70 amending s. 1001.20, F.S.; requiring the Office of
71 Technology and Information Services of the Department
72 of Education to consult with the Agency for State
73 Technology in developing the 5-year strategic plan for
74 Florida digital classrooms; removing an obsolete date;
75 revising requirements for the 5-year strategic plan;
76 expanding the list of responsibilities of the Office
77 of Technology and Information Services; amending s.
78 1001.43, F.S.; authorizing district school boards to
79 adopt a standard student attire policy; establishing
80 criteria for and the purpose of the policy; providing
81 immunity from civil liability for district school
82 boards that implement a standard student attire policy
83 under certain conditions; amending s. 1001.7065, F.S.;
84 requiring a state research university to enter into
85 and maintain a formal agreement with a specified
86 organization to offer college-sponsored merit
87 scholarship awards as a condition of designation as a
88 preeminent state research university; specifying that
89 continuation of a state research university’s
90 institute for online learning is contingent on the
91 university entering into and maintaining such an
92 agreement; conforming provisions to changes made by
93 the act; amending s. 1003.42, F.S.; requiring that
94 instructional staff of public schools provide
95 instruction to students about the terrorist attacks
96 occurring on September 11, 2001, and the impact of
97 those events; providing a short title; creating s.
98 1004.084, F.S.; requiring the Board of Governors and
99 the State Board of Education to identify strategies
100 and initiatives to reduce the cost of higher
101 education; requiring the Board of Governors and the
102 state board to annually submit a report to the
103 Governor and the Legislature; amending s. 1004.085,
104 F.S.; defining the term “instructional materials”;
105 revising policies and procedures relating to
106 textbooks; requiring a public postsecondary
107 institution to post information relating to required
108 and recommended textbooks and instructional materials
109 and prices in its course registration system and on
110 its website; requiring the state board and the Board
111 of Governors to adopt textbook and instructional
112 materials affordability policies, procedures, and
113 guidelines; providing requirements for the use of
114 adopted undergraduate textbooks and instructional
115 materials; requiring annual reporting of textbook and
116 instructional materials cost information and
117 affordability policies and procedures to the
118 Chancellor of the Florida College System or the
119 Chancellor of the State University System; requiring
120 electronic copies of the affordability policies and
121 procedures be sent annually to the state board or the
122 Board of Governors; amending s. 1004.92, F.S.;
123 requiring the State Board of Education to adopt rules
124 relating to accountability for career education;
125 amending s. 1006.735, F.S.; establishing the Rapid
126 Response Education and Training Program within the
127 Complete Florida Plus Program; requiring the Complete
128 Florida Plus Program to work with Enterprise Florida,
129 Inc., to offer credible education and training
130 commitments to businesses; specifying the duties of
131 the Rapid Response Education and Training Program;
132 requiring reports to the Legislature; requiring the
133 Division of Career and Adult Education within the
134 Department of Education to conduct an analysis and
135 assessment of the effectiveness of the education and
136 training programs; amending s. 1009.22, F.S.; revising
137 the amount tuition may vary for the combined total of
138 the standard tuition and out-of-state fees; amending
139 s. 1009.23, F.S.; prohibiting resident tuition at a
140 Florida College System institution from exceeding a
141 specified amount per credit hour; revising the amount
142 tuition may vary for the combined total of the
143 standard tuition and out-of-state fees; requiring a
144 Florida College System institution to publicly notice
145 meetings at which votes on proposed tuition or fee
146 increases are scheduled; amending s. 1009.24, F.S.;
147 prohibiting resident undergraduate tuition at a state
148 university from exceeding a specified amount per
149 credit hour; removing authority for a designee of the
150 Board of Governors to establish graduate and
151 professional tuition and out-of-state fees;
152 prohibiting graduate and professional program tuition
153 from exceeding a specified amount; requiring a state
154 university to publicly notice meetings at which votes
155 on proposed tuition or fee increases are scheduled;
156 amending s. 1009.893, F.S., changing the name of the
157 “Florida National Merit Scholar Incentive Program” to
158 the “Benacquisto Scholarship Program”; providing that
159 a student who receives the scholarship award under the
160 program be referred to as a Benacquisto Scholar;
161 conforming provisions to changes made by the act;
162 amending s. 1011.62, F.S.; requiring supplemental
163 academic instruction categorical funds and research
164 based reading instruction allocation funds to be used
165 by a school district with at least one of certain
166 lowest-performing elementary schools for additional
167 intensive reading instruction at such school during
168 the summer program in addition to the school year;
169 providing that the additional instruction requirements
170 continue in the subsequent year for certain students;
171 revising the funding of full-time equivalent values
172 for students who earn CAPE industry certifications
173 through dual enrollment; increasing the bonus awarded
174 to teachers who provided instruction in courses that
175 led to certain CAPE industry certifications;
176 specifying a maximum bonus amount per teacher per
177 school year; revising the calculation of the
178 discretionary millage compression supplement amount;
179 revising the computation of district sparsity index
180 for districts with a specified full-time equivalent
181 student membership; deleting obsolete language;
182 revising the calculation of the virtual education
183 contribution; revising the date by which district
184 school boards must annually submit a digital
185 classrooms plan to the Department of Education;
186 requiring the department to contract with an
187 independent auditing entity in the event of
188 noncompliance with minimum protocols and requirements
189 in the administration of online assessments; requiring
190 a charter school to submit the school’s digital
191 classrooms plan to the applicable school district;
192 specifying required format for the plan; specifying
193 conditions for a school district to maintain
194 eligibility for Florida digital classrooms allocation
195 funds; requiring the Commissioner of Education to
196 implement an online portal for electronic submission
197 of digital classrooms plans by a specified date;
198 requiring a charter school to annually report to the
199 department regarding the use of specified funds;
200 revising requirements for the commissioner’s annual
201 report to the Governor and the Legislature regarding
202 the digital classrooms plan; creating a federally
203 connected student supplement for school districts;
204 specifying eligibility requirements and calculations
205 for the supplement; providing for the withholding of a
206 district’s safe schools funding for failure to comply
207 with certain reporting requirements with respect to
208 school safety and student discipline; amending s.
209 1011.71, F.S.; conforming a cross-reference;
210 authorizing enterprise resource software to be
211 acquired by certain fees and agreements; creating s.
212 1011.802, F.S.; creating the Florida Apprenticeship
213 Grant Program within the Department of Education to
214 provide grants to specific centers and institutions
215 for the creation of new apprenticeship programs or the
216 expansion of existing apprenticeship programs;
217 providing funding for the program; providing
218 requirements related to applications, program
219 priority, use of grant funds, and quarterly reports;
220 amending ss. 1012.34 and 1012.3401, F.S.; requiring
221 that classroom teacher performance evaluations be
222 based upon the performance of students with fewer than
223 a specified number of absences; amending s. 1012.39,
224 F.S.; providing requirements regarding liability
225 insurance for students performing clinical field
226 experience; amending s. 1012.71, F.S.; requiring a
227 classroom teacher to provide the school district with
228 receipts for the expenditure of certain funds;
229 creating s. 1012.731, F.S.; providing legislative
230 intent; establishing the Florida Best and Brightest
231 Teacher Scholarship Program; providing eligibility
232 criteria; requiring a school district to annually
233 submit the number of eligible teachers to the
234 department; providing for funding and the disbursement
235 of funds; defining the term “school district” for
236 purposes of the act; amending s. 1012.75, F.S.;
237 requiring the department to administer an educator
238 liability insurance program; defining terms;
239 specifying program administration and eligibility
240 requirements; requiring the Board of Governors and the
241 State Board of Education to base state performance
242 funds for the State University System and the Florida
243 College System, respectively, on specified metrics
244 adopted by each board; specifying allocation of the
245 funds; requiring certain funds to be withheld from an
246 institution based on specified performance; requiring
247 the boards to submit reports by a specified time to
248 the Governor and the Legislature; requiring the boards
249 to adopt rules; providing an effective date.
250
251 Be It Enacted by the Legislature of the State of Florida:
252
253 Section 1. Subsections (2), (7), and (10) of section
254 282.0051, Florida Statutes, are amended to read:
255 282.0051 Agency for State Technology; powers, duties, and
256 functions.—The Agency for State Technology shall have the
257 following powers, duties, and functions:
258 (2) Establish and publish information technology
259 architecture standards that:
260 (a) to Provide for the most efficient use of the state’s
261 information technology resources and that to ensure
262 compatibility and alignment with the needs of state agencies.
263 The agency shall assist state agencies in complying with the
264 standards.
265 (b) Address for purposes of implementing digital classrooms
266 under s. 1011.62(12) issues that include, but are not limited
267 to, device recommendations, security requirements, connectivity
268 requirements, and browser expectations. Such standards must be
269 published by December 1, 2015.
270 (7)(a) Participate with the Department of Management
271 Services in evaluating, conducting, and negotiating competitive
272 solicitations for state term contracts for information
273 technology commodities, consultant services, or staff
274 augmentation contractual services pursuant to s. 287.0591.
275 (b) Collaborate with the Department of Management Services
276 in information technology resource acquisition planning.
277 (c) Collaborate with the Department of Education and the
278 Department of Management Services to identify:
279 1. State term contract procurement options that are
280 available to school districts which provide information
281 technology commodities, consultant services, or staff
282 augmentation contractual services that support the information
283 technology architecture standards applicable to digital
284 classrooms.
285 2. Shared services available to school districts through
286 the State Data Center to facilitate the implementation of school
287 district digital classrooms plans.
288 (10)(a) Beginning July 1, 2016, and annually thereafter,
289 conduct annual assessments of state agencies to determine
290 compliance with all information technology standards and
291 guidelines developed and published by the agency, and beginning
292 December 1, 2016, and annually thereafter, provide results of
293 the assessments to the Executive Office of the Governor, the
294 President of the Senate, and the Speaker of the House of
295 Representatives.
296 (b) Include in the annual assessment of the Department of
297 Education under paragraph (a), the status of statewide
298 implementation of digital classrooms and each school district’s
299 status of compliance with the information technology
300 architecture standards identified under paragraph (2)(b),
301 planning guidance to address identified gaps, and
302 recommendations for improving cost efficiencies pursuant to s.
303 282.0052.
304 Section 2. Section 282.00515, Florida Statutes, is amended
305 to read:
306 282.00515 Duties of Cabinet agencies.—The Department of
307 Legal Affairs, the Department of Financial Services, and the
308 Department of Agriculture and Consumer Services shall adopt the
309 standards established in s. 282.0051(2)(a) s. 282.0051(2), (3),
310 and (8) or adopt alternative standards based on best practices
311 and industry standards, and may contract with the Agency for
312 State Technology to provide or perform any of the services and
313 functions described in s. 282.0051 for the Department of Legal
314 Affairs, the Department of Financial Services, or the Department
315 of Agriculture and Consumer Services.
316
317
318 Section 3. Section 282.0052, Florida Statutes, is created
319 to read:
320 282.0052 Digital classrooms information technology
321 architecture standards.—
322 (1) Beginning July 1, 2015, the Agency for State
323 Technology, or an independent third-party professional
324 organization that the agency contracts with, shall:
325 (a) Consult with the Department of Education to identify
326 information technology architecture standards pursuant to s.
327 282.0051 for the successful implementation of digital
328 classrooms, pursuant to s. 1011.62(12), in public schools within
329 the state beginning in the 2016-2017 school year. Such standards
330 must include, but are not limited to, device recommendations,
331 security requirements, connectivity requirements, and browser
332 expectations.
333 (b) Perform an annual assessment of the state 5-year
334 strategic plan developed pursuant to s. 1001.20 and school
335 district digital classrooms plan adopted pursuant to s.
336 1011.62(12) to determine the digital readiness of school
337 districts and their compliance with the information technology
338 architecture standards identified under paragraph (a). The
339 digital readiness of school districts must be assessed using the
340 digital readiness scorecard established under s. 1001.20(4)(a).
341 (c) Provide prospective planning guidance and technical
342 assistance to the Department of Education, school districts, and
343 public schools regarding identified gaps in technology
344 infrastructure and recommended improvements to meet the
345 information technology architecture standards identified under
346 paragraph (a).
347 (d) Summarize and report, by May 1, 2016, for the 2015-2016
348 school year, and by December 1 for each school year thereafter,
349 to the Governor, the President of the Senate, and the Speaker of
350 the House of Representatives:
351 1. The status of technology infrastructure of school
352 districts and public schools within the state.
353 2. Recommendations for improving cost efficiencies and
354 maximizing investments in technology by the state and school
355 districts to establish digital classrooms.
356 (2) For the 2015-2016 school year, the Agency for State
357 Technology must provide the status of technology infrastructure
358 information regarding implementation of digital classrooms
359 statewide and by each school district to the Commissioner of
360 Education by April 1, 2016. For each school year thereafter, the
361 status of technology infrastructure information must be provided
362 to the commissioner by November 1 of each year.
363 (3) For the 2015-2016 school year, the Department of
364 Education must provide to each school district the status of the
365 statewide implementation of digital classrooms and the school
366 district’s status regarding compliance with the information
367 technology architecture standards identified under paragraph
368 (1)(a) by June 1, 2016. For each school year thereafter, the
369 Department of Education must notify a school district regarding
370 compliance with the information technology architecture
371 standards by January 1 of each year. In addition, the Department
372 of Education must provide planning guidance to address
373 identified gaps and recommendations for improving cost
374 efficiencies in accordance with subsection (1) to each school
375 district. If the annual assessment indicates that a school
376 district is not in compliance with the information technology
377 architecture standards identified under paragraph (1)(a), the
378 school district must, within 60 days from the date of receipt of
379 such notification from the Department of Education become
380 compliant; obtain an exemption to waive compliance from the
381 Department of Education; or procure services through the agency
382 or the Department of Management Services to achieve compliance.
383 Section 4. Subsections (2), (4), (5), (6), and (9) of
384 section 446.021, Florida Statutes, are amended to read:
385 446.021 Definitions of terms used in ss. 446.011-446.092.
386 As used in ss. 446.011-446.092, the term:
387 (2) “Apprentice” means a person at least 16 years of age
388 who is engaged in learning a recognized skilled trade through
389 actual work experience under the supervision of journeyworker
390 journeymen craftsmen, which training should be combined with
391 properly coordinated studies of related technical and
392 supplementary subjects, and who has entered into a written
393 agreement, which may be cited as an apprentice agreement, with a
394 registered apprenticeship sponsor who may be either an employer,
395 an association of employers, or a local joint apprenticeship
396 committee.
397 (4) “Journeyworker” “Journeyman” means a worker who has
398 attained certain skills, abilities, and competencies and who is
399 recognized within an industry as having mastered the skills and
400 competencies required for the occupation, including, but not
401 limited to, attainment of a nationally recognized industry
402 certification. The term includes a mentor, technician,
403 specialist, or other skilled worker who has documented
404 sufficient skills and knowledge of an occupation, through formal
405 apprenticeship, attainment of a nationally recognized industry
406 certification, or through practical, on-the-job experience or
407 formal training a person working in an apprenticeable occupation
408 who has successfully completed a registered apprenticeship
409 program or who has worked the number of years required by
410 established industry practices for the particular trade or
411 occupation.
412 (5) “Preapprenticeship program” means an organized course
413 of instruction, including, but not limited to, industry
414 certifications identified under s. 1008.44, in the public school
415 system or elsewhere, which course is designed to prepare a
416 person 16 years of age or older to become an apprentice and
417 which course is approved by and registered with the department
418 and sponsored by a registered apprenticeship program.
419 (6) “Apprenticeship program” means an organized course of
420 instruction, including, but not limited to, industry
421 certifications identified under s. 1008.44, registered and
422 approved by the department, which course shall contain all terms
423 and conditions for the qualifications, recruitment, selection,
424 employment, and training of apprentices including such matters
425 as the requirements for a written apprenticeship agreement.
426 (9) “Related instruction” means an organized and systematic
427 form of instruction designed to provide the apprentice with
428 knowledge of the theoretical and technical subjects related to a
429 specific trade or occupation. Such instruction may be given in a
430 classroom, through occupational or industrial courses, or by
431 correspondence courses of equivalent value, including electronic
432 media or other forms of self-study instruction approved by the
433 department.
434 Section 5. Section 446.032, Florida Statutes, is amended to
435 read:
436 446.032 General duties of the department for apprenticeship
437 training.—The department shall:
438 (1) Establish uniform minimum standards and policies
439 governing apprentice programs and agreements. The standards and
440 policies shall govern the terms and conditions of the
441 apprentice’s employment and training, including the quality
442 training of the apprentice for, but not limited to, such matters
443 as ratios of apprentices to journeyworkers journeymen, safety,
444 related instruction, and on-the-job training; but these
445 standards and policies may not include rules, standards, or
446 guidelines that require the use of apprentices and job trainees
447 on state, county, or municipal contracts. The department may
448 adopt rules necessary to administer the standards and policies.
449 (2) Establish procedures to be used by the State
450 Apprenticeship Advisory Council.
451 (3) Collaborate with the Department of Economic Opportunity
452 to identify, develop, and register apprenticeship programs that
453 are aligned with statewide demand for a skilled labor force in
454 high-demand occupations and with regional workforce needs.
455 Beginning in the 2015-2016 fiscal year, the department shall
456 annually, by December 31, submit an accountability report, which
457 must include information related to program usage, student
458 demographics and performance outcomes, and program requirements
459 for the existing apprenticeship and preapprenticeship programs
460 and the development of new programs. The report must include
461 regional information about program and student performance
462 outcomes. The report must be submitted to the Governor, the
463 President of the Senate, the Speaker of the House of
464 Representatives, and the Higher Education Coordinating Council.
465 (4) Post on its Internet website information regarding
466 apprenticeship programs, which must, at a minimum, include:
467 (a) Program admission requirements;
468 (b) Program standards and training requirements; and
469 (c) A summary of program and student performance outcomes.
470 Section 6. Paragraph (b) of subsection (2) of section
471 446.045, Florida Statutes, is amended to read:
472 446.045 State Apprenticeship Advisory Council.—
473 (2)
474 (b) The Commissioner of Education or the commissioner’s
475 designee shall serve ex officio as chair of the State
476 Apprenticeship Advisory Council, but may not vote. The state
477 director of the Office of Apprenticeship of the United States
478 Department of Labor shall serve ex officio as a nonvoting member
479 of the council. The Governor shall appoint to the council four
480 members representing employee organizations and four members
481 representing employer organizations. Each of these eight members
482 shall represent industries that have registered apprenticeship
483 programs. The Governor shall also appoint two public members who
484 are knowledgeable about registered apprenticeship and
485 apprenticeable occupations, who are independent of any joint or
486 nonjoint organization one of whom shall be recommended by joint
487 organizations, and one of whom shall be recommended by nonjoint
488 organizations. Members shall be appointed for 4-year staggered
489 terms. A vacancy shall be filled for the remainder of the
490 unexpired term.
491 Section 7. Subsections (5) and (6) are added to section
492 446.052, Florida Statutes, to read:
493 446.052 Preapprenticeship program.—
494 (5) The department shall collaborate with the Department of
495 Economic Opportunity to identify, develop, and register
496 preapprenticeship programs that are aligned with statewide
497 demand for a skilled labor force in high-demand occupations and
498 with regional workforce needs. Beginning in the 2015-2016 fiscal
499 year, the department shall annually, by December 31, submit an
500 accountability report, which must include information related to
501 program usage, student demographics and performance outcomes,
502 and program requirements for the existing apprenticeship and
503 preapprenticeship programs and the development of new programs.
504 The report must include regional information about program and
505 student performance outcomes. The report must be submitted to
506 the Governor, the President of the Senate, the Speaker of the
507 House of Representatives, and the Higher Education Coordinating
508 Council.
509 (6) The department shall post on its Internet website
510 information regarding preapprenticeship programs, which must, at
511 a minimum, include:
512 (a) Program admission requirements;
513 (b) Program standards and training requirements; and
514 (c) A summary of program and student performance outcomes.
515 Section 8. Preapprenticeship and apprenticeship operational
516 report.—(1) By December 31, 2015, the Department of Education,
517 in collaboration with the Department of Economic Opportunity and
518 CareerSource Florida, Inc., shall submit an operational report
519 to the Governor, the President of the Senate, the Speaker of the
520 House of Representatives, and the Higher Education Coordinating
521 Council providing:
522 (a) A summary of the activities and coordination between
523 the two agencies to identify, develop, register, and administer
524 preapprenticeship and apprenticeship programs over the last 5
525 years.
526 (b) The strategies employed by the two agencies to engage
527 school districts, Florida College System institutions, technical
528 centers, businesses, and other stakeholders as partners in the
529 workforce system to expand employment opportunities for
530 individuals, including, but not limited to, those individuals
531 with unique abilities, which must include work-based learning
532 experiences, such as preapprenticeships and apprenticeships.
533 (c) Recommendations to maximize the resources of the two
534 agencies to gain efficiency in program development,
535 administration, and funding and make program governance changes
536 to improve the delivery and management of preapprenticeship and
537 apprenticeship programs based on workforce demands. These
538 recommendations must take into account federal resources and
539 must include any necessary or suggested changes to the programs
540 ensuing from implementation of the Workforce Innovation and
541 Opportunity Act of 2014 and related regulations.
542 (d) Recommendations and strategies for the two agencies to
543 communicate effectively with employers in this state and ensure
544 that employers have access to information and consultative
545 services, at no cost to the employers, regarding sponsorship of
546 demand-driven, registered preapprenticeship and apprenticeship
547 programs and information about the availability of program
548 students for employment.
549 (e) An evaluation of the feasibility of linking or
550 incorporating, and of the resources necessary to link or
551 incorporate, the Department of Education’s website information
552 on preapprenticeship and apprenticeship programs with the
553 Department of Economic Opportunity and CareerSource Florida,
554 Inc., workforce information system required under chapter 445,
555 Florida Statutes.
556 (2) This section expires on July 1, 2016.
557 Section 9. Subsection (4) is added to section 446.081,
558 Florida Statutes, to read:
559 446.081 Limitation.—
560 (4) Nothing in ss. 446.011-446.092 or the implementing
561 rules in these sections shall operate to invalidate any special
562 provision for veterans, minority persons, or women in the
563 standards, qualifications, or operation of the apprenticeship
564 program or in the apprenticeship agreement which is not
565 otherwise prohibited by law, executive order, or authorized
566 regulation.
567 Section 10. Section 446.091, Florida Statutes, is amended
568 to read:
569 446.091 On-the-job training program.—All provisions of ss.
570 446.011-446.092 relating to apprenticeship and
571 preapprenticeship, including, but not limited to, programs,
572 agreements, standards, administration, procedures, definitions,
573 expenditures, local committees, powers and duties, limitations,
574 grievances, and ratios of apprentices and job trainees to
575 journeyworkers journeymen on state, county, and municipal
576 contracts, shall be appropriately adapted and made applicable to
577 a program of on-the-job training authorized under those
578 provisions for persons other than apprentices.
579 Section 11. Section 446.092, Florida Statutes, is amended
580 to read:
581 446.092 Criteria for apprenticeship occupations.—An
582 apprenticeable occupation is a skilled trade which possesses all
583 of the following characteristics:
584 (1) It is customarily learned in a practical way through a
585 structured, systematic program of on-the-job, supervised
586 training.
587 (2) It is clearly identified and commonly recognized
588 throughout an the industry, and may be associated with a
589 nationally recognized industry certification or recognized with
590 a positive view towards changing technology.
591 (3) It involves manual, mechanical, or technical skills and
592 knowledge which, in accordance with the industry standard for
593 the occupation, requires require a minimum of 2,000 hours of on
594 the-job work and training, which hours are excluded from the
595 time spent at related instruction.
596 (4) It requires related instruction to supplement on-the
597 job training. Such instruction may be given in a classroom,
598 through occupational or industrial courses, or through
599 correspondence courses of equivalent value, including electronic
600 media or other forms of self-study instruction approved by the
601 department.
602 (5) It involves the development of skill sufficiently broad
603 to be applicable in like occupations throughout an industry,
604 rather than of restricted application to the products or
605 services of any one company.
606 (6) It does not fall into any of the following categories:
607 (a) Selling, retailing, or similar occupations in the
608 distributive field.
609 (b) Managerial occupations.
610 (c) Professional and scientific vocations for which
611 entrance requirements customarily require an academic degree.
612 Section 12. Paragraph (a) of subsection (4) of section
613 1001.20, Florida Statutes, is amended to read:
614 1001.20 Department under direction of state board.—
615 (4) The Department of Education shall establish the
616 following offices within the Office of the Commissioner of
617 Education which shall coordinate their activities with all other
618 divisions and offices:
619 (a) Office of Technology and Information Services.—
620 1. Responsible for developing a 5-year strategic plan, in
621 consultation with the Agency for State Technology, to
622 incorporate the minimum information technology architecture
623 standards for the successful implementation of digital
624 classrooms to improve student performance outcomes under s.
625 1011.62(12) for establishing Florida digital classrooms by
626 October 1, 2014, and annually updating the plan by January 1
627 each year thereafter. The Florida digital classrooms plan shall
628 be provided to each school district and published on the
629 department’s website. The plan must:
630 a. Describe how technology will be integrated into
631 classroom teaching and learning to assist the state in improving
632 student performance outcomes and enable all students in Florida
633 to be digital learners with access to digital tools and
634 resources.
635 b. Identify minimum information technology architecture
636 standards requirements, which that include specifications for
637 hardware, software, devices, networking, security, and bandwidth
638 capacity and guidelines for the ratio of students per device.
639 The Office of Technology and Information Services shall consult
640 with the Agency for State Technology in identifying minimum
641 information technology architecture standards.
642 c. Establish minimum requirements for professional
643 development opportunities and training to assist district
644 instructional personnel and staff with the integration of
645 technology into classroom teaching.
646 d. Identify the types of digital tools and resources that
647 can assist district instructional personnel and staff in the
648 management, assessment, and monitoring of student learning and
649 performance.
650 2. Responsible for making budget recommendations to the
651 commissioner, providing data collection and management for the
652 system, assisting school districts in securing Internet access
653 and telecommunications services, including those eligible for
654 funding under the Schools and Libraries Program of the federal
655 Universal Service Fund, and coordinating services with other
656 state, local, and private agencies.
657 3. Responsible for coordinating with the Agency for State
658 Technology to facilitate school districts’ access to state term
659 contract procurement options and shared services pursuant to s.
660 282.0051(7)(c).
661 4. Responsible for consulting with the Agency for State
662 Technology to establish uniform definitions of information
663 technology architecture components which must be incorporated
664 into the department’s 5-year strategic plan. The uniform
665 definitions must be incorporated by each charter school that
666 seeks Florida digital classrooms allocation funds and by each
667 district school board in the technology information annually
668 submitted to the department which includes, but is not limited
669 to, digital classroom plans and technology resources inventory.
670 5. Responsible for consulting with the Agency for State
671 Technology to create a digital readiness scorecard to compare
672 the digital readiness of school districts within the state. The
673 scorecard must use the uniform definitions identified under this
674 section and information technology architecture standards
675 identified under s. 282.0052(1)(a). At a minimum, the scorecard
676 must include the student-to-device ratio, the percentage of
677 schools within each district that meet bandwidth standards, the
678 percentage of classrooms within each district that meet wireless
679 standards, the refresh rate of devices, network capacity,
680 information storage capacity, and information security services.
681 Section 13. Paragraph (b) of subsection (1) of section
682 1001.43, Florida Statutes, is amended to read:
683 1001.43 Supplemental powers and duties of district school
684 board.—The district school board may exercise the following
685 supplemental powers and duties as authorized by this code or
686 State Board of Education rule.
687 (1) STUDENT MANAGEMENT.—The district school board may adopt
688 programs and policies to ensure the safety and welfare of
689 individuals, the student body, and school personnel, which
690 programs and policies may:
691 (b) Require that the attire uniforms to be worn by the
692 student body conform to a standard student attire policy that
693 prohibits certain types or styles of clothing and requires solid
694 colored clothing and fabrics for pants, skirts, shorts, or
695 similar clothing and short or long sleeved shirts with collars.
696 The policy may authorize a small logo but may not authorize a
697 motto or slogan. The purpose of a standard student attire policy
698 is to provide a safe environment that fosters learning and
699 improves school safety and discipline by:
700 1. Encouraging students to express their individuality
701 through personality and academic achievements, rather than
702 outward appearance.
703 2. Enabling students to focus on academics, rather than
704 fashion, because they are able to project a neat, serious, and
705 studious image.
706 3. Minimizing disciplinary problems because students are
707 not distracted by clothing.
708 4. Reducing the time needed to correct dress code
709 violations through a readily available inventory of compliant
710 attire.
711 5. Minimizing visible differences and eliminating social
712 pressures to wear brand name clothing or “gang colors,” thereby
713 easing financial pressures on parents and enhancing school
714 safety.
715 6. Creating a sense of school pride and belonging.
716
717 A district school board may implement a standard student attire
718 policy as part of an overall program to foster and promote
719 desirable school operating conditions and a safe and supportive
720 educational environment. A standard student attire policy must
721 allow a parent to opt his or her student out of the policy for
722 religious purposes or by reason of a disability. A district
723 school board that implements a districtwide standard student
724 attire policy for all students in at least kindergarten through
725 eighth grade is immune from civil liability resulting from
726 adoption of the policy in accordance with this paragraph, or
727 impose other dress-related requirements, if the district school
728 board finds that those requirements are necessary for the safety
729 or welfare of the student body or school personnel. However,
730 Students may wear sunglasses, hats, or other sun-protective wear
731 while outdoors during school hours, such as when students are at
732 recess.
733 Section 14. Subsections (3) and (4) of section 1001.7065,
734 Florida Statutes, are amended to read:
735 1001.7065 Preeminent state research universities program.—
736 (3) PREEMINENT STATE RESEARCH UNIVERSITY DESIGNATION.—The
737 Board of Governors shall designate each state research
738 university that meets at least 11 of the 12 academic and
739 research excellence standards identified in subsection (2) and
740 that enters into and maintains a formal agreement with the
741 National Merit Scholarship Corporation to offer college
742 sponsored merit scholarship awards a preeminent state research
743 university.
744 (4) PREEMINENT STATE RESEARCH UNIVERSITY INSTITUTE FOR
745 ONLINE LEARNING.—A state research university that, as of July 1,
746 2013, met meets all 12 of the academic and research excellence
747 standards identified in subsection (2), as verified by the Board
748 of Governors, shall establish an institute for online learning.
749 Continuation of the institute for online learning is contingent
750 upon a state research university entering into and maintaining a
751 formal agreement with the National Merit Scholarship Corporation
752 to offer college-sponsored merit scholarship awards. The
753 institute shall establish a robust offering of high-quality,
754 fully online baccalaureate degree programs at an affordable cost
755 in accordance with this subsection.
756 (a) By August 1, 2013, the Board of Governors shall convene
757 an advisory board to support the development of high-quality,
758 fully online baccalaureate degree programs at the university.
759 (b) The advisory board shall:
760 1. Offer expert advice, as requested by the university, in
761 the development and implementation of a business plan to expand
762 the offering of high-quality, fully online baccalaureate degree
763 programs.
764 2. Advise the Board of Governors on the release of funding
765 to the university upon approval by the Board of Governors of the
766 plan developed by the university.
767 3. Monitor, evaluate, and report on the implementation of
768 the plan to the Board of Governors, the Governor, the President
769 of the Senate, and the Speaker of the House of Representatives.
770 (c) The advisory board shall be composed of the following
771 five members:
772 1. The chair of the Board of Governors or the chair’s
773 permanent designee.
774 2. A member with expertise in online learning, appointed by
775 the Board of Governors.
776 3. A member with expertise in global marketing, appointed
777 by the Governor.
778 4. A member with expertise in cloud virtualization,
779 appointed by the President of the Senate.
780 5. A member with expertise in disruptive innovation,
781 appointed by the Speaker of the House of Representatives.
782 (d) The president of the university shall be consulted on
783 the advisory board member appointments.
784 (e) A majority of the advisory board shall constitute a
785 quorum, elect the chair, and appoint an executive director.
786 (f) By September 1, 2013, the university shall submit to
787 the advisory board a comprehensive plan to expand high-quality,
788 fully online baccalaureate degree program offerings. The plan
789 shall include:
790 1. Existing on-campus general education courses and
791 baccalaureate degree programs that will be offered online.
792 2. New courses that will be developed and offered online.
793 3. Support services that will be offered to students
794 enrolled in online baccalaureate degree programs.
795 4. A tuition and fee structure that meets the requirements
796 in paragraph (k) for online courses, baccalaureate degree
797 programs, and student support services.
798 5. A timeline for offering, marketing, and enrolling
799 students in the online baccalaureate degree programs.
800 6. A budget for developing and marketing the online
801 baccalaureate degree programs.
802 7. Detailed strategies for ensuring the success of students
803 and the sustainability of the online baccalaureate degree
804 programs.
805
806 Upon recommendation of the plan by the advisory board and
807 approval by the Board of Governors, the Board of Governors shall
808 award the university $10 million in nonrecurring funds and $5
809 million in recurring funds for fiscal year 2013-2014 and $5
810 million annually thereafter, subject to appropriation in the
811 General Appropriations Act.
812 (g) Beginning in January 2014, the university shall offer
813 high-quality, fully online baccalaureate degree programs that:
814 1. Accept full-time, first-time-in-college students.
815 2. Have the same rigorous admissions criteria as equivalent
816 on-campus degree programs.
817 3. Offer curriculum of equivalent rigor to on-campus degree
818 programs.
819 4. Offer rolling enrollment or multiple opportunities for
820 enrollment throughout the year.
821 5. Do not require any on-campus courses. However, for
822 courses or programs that require clinical training or
823 laboratories that cannot be delivered online, the university
824 shall offer convenient locational options to the student, which
825 may include, but are not limited to, the option to complete such
826 requirements at a summer-in-residence on the university campus.
827 The university may provide a network of sites at convenient
828 locations and contract with commercial testing centers or
829 identify other secure testing services for the purpose of
830 proctoring assessments or testing.
831 6. Apply the university’s existing policy for accepting
832 credits for both freshman applicants and transfer applicants.
833 (h) The university may offer a fully online Master’s in
834 Business Administration degree program and other master’s degree
835 programs.
836 (i) The university may develop and offer degree programs
837 and courses that are competency based as appropriate for the
838 quality and success of the program.
839 (j) The university shall periodically expand its offering
840 of online baccalaureate degree programs to meet student and
841 market demands.
842 (k) The university shall establish a tuition structure for
843 its online institute in accordance with this paragraph,
844 notwithstanding any other provision of law.
845 1. For students classified as residents for tuition
846 purposes, tuition for an online baccalaureate degree program
847 shall be set at no more than 75 percent of the tuition rate as
848 specified in the General Appropriations Act pursuant to s.
849 1009.24(4) and 75 percent of the tuition differential pursuant
850 to s. 1009.24(16). No distance learning fee, fee for campus
851 facilities, or fee for on-campus services may be assessed,
852 except that online students shall pay the university’s
853 technology fee, financial aid fee, and Capital Improvement Trust
854 Fund fee. The revenues generated from the Capital Improvement
855 Trust Fund fee shall be dedicated to the university’s institute
856 for online learning.
857 2. For students classified as nonresidents for tuition
858 purposes, tuition may be set at market rates in accordance with
859 the business plan.
860 3. Tuition for an online degree program shall include all
861 costs associated with instruction, materials, and enrollment,
862 excluding costs associated with the provision of textbooks and
863 instructional materials pursuant to s. 1004.085 and physical
864 laboratory supplies.
865 4. Subject to the limitations in subparagraph 1., tuition
866 may be differentiated by degree program as appropriate to the
867 instructional and other costs of the program in accordance with
868 the business plan. Pricing must incorporate innovative
869 approaches that incentivize persistence and completion,
870 including, but not limited to, a fee for assessment, a bundled
871 or all-inclusive rate, and sliding scale features.
872 5. The university must accept advance payment contracts and
873 student financial aid.
874 6. Fifty percent of the net revenues generated from the
875 online institute of the university shall be used to enhance and
876 enrich the online institute offerings, and 50 percent of the net
877 revenues generated from the online institute shall be used to
878 enhance and enrich the university’s campus state-of-the-art
879 research programs and facilities.
880 7. The institute may charge additional local user fees
881 pursuant to s. 1009.24(14) upon the approval of the Board of
882 Governors.
883 8. The institute shall submit a proposal to the president
884 of the university authorizing additional user fees for the
885 provision of voluntary student participation in activities and
886 additional student services.
887 Section 15. Paragraph (u) is added to subsection (2) of
888 section 1003.42, Florida Statutes, to read:
889 1003.42 Required instruction.—
890 (2) Members of the instructional staff of the public
891 schools, subject to the rules of the State Board of Education
892 and the district school board, shall teach efficiently and
893 faithfully, using the books and materials required that meet the
894 highest standards for professionalism and historic accuracy,
895 following the prescribed courses of study, and employing
896 approved methods of instruction, the following:
897 (u) The events surrounding the terrorist attacks occurring
898 on September 11, 2001, and the impact of those events on the
899 nation. This paragraph may be cited as the “Representative Clay
900 Ford, Jr., Memorial Act.”
901
902 The State Board of Education is encouraged to adopt standards
903 and pursue assessment of the requirements of this subsection.
904 Section 16. Section 1004.084, Florida Statutes, is created
905 to read:
906 1004.084 College affordability.—The Board of Governors and
907 State Board of Education shall continue to identify strategies
908 and initiatives to further ensure college affordability for all
909 Floridians.
910 (1) Specific strategies and initiatives to reduce the cost
911 of higher education must include, at a minimum, consideration of
912 the following:
913 (a) The impact of tuition and fee increases at state
914 colleges and universities, including graduate, professional,
915 medical, and law schools.
916 (b) The total cost of fees to a student and family at a
917 state university or a state college, including orientation fees.
918 (c) The cost of textbooks and instructional materials for
919 all students. The Board of Governors and State Board of
920 Education shall use the information provided pursuant to s.
921 1004.085(5) and (6) and consult with students, faculty,
922 bookstores, and publishers, to determine the best methods to
923 reduce costs and must, at a minimum, consider the following:
924 1. Any existing Florida College System or State University
925 System initiatives to reduce the cost of textbooks and
926 instructional materials.
927 2. Purchasing e-textbooks in bulk.
928 3. Expanding the use of open-access textbooks and
929 instructional materials.
930 4. The rental options for textbook and instructional
931 materials.
932 5. Increasing the availability and use of affordable
933 digital textbooks and learning objects for faculty and students.
934 6. Supporting efficient used book sales, buy-back sales,
935 and student-to-student sales.
936 7. Developing online portals at each institution to assist
937 students in buying, renting, selling, and sharing textbooks and
938 instructional materials.
939 8. The feasibility of expanding and enhancing digital
940 access platforms that are used by campus stores to help students
941 acquire the correct and least expensive required course
942 materials.
943 9. The cost to school districts of instructional materials
944 for dual enrollment students.
945 (2) By December 31, 2015, and annually thereafter, the
946 Board of Governors and State Board of Education shall submit a
947 report on their respective college affordability efforts, which
948 must include recommendations, to the Governor, the President of
949 the Senate, and the Speaker of the House of Representatives.
950 Section 17. Section 1004.085, Florida Statutes, is amended
951 to read:
952 1004.085 Textbook and instructional materials
953 affordability.—
954 (1) As used in this section, the term “instructional
955 materials” means educational materials, in printed or digital
956 format, which are required or recommended for use within a
957 course.
958 (2)(1) An No employee of a Florida College System
959 institution or a state university may not demand or receive any
960 payment, loan, subscription, advance, deposit of money, service,
961 or anything of value, present or promised, in exchange for
962 requiring students to purchase a specific textbook or
963 instructional material for coursework or instruction.
964 (3)(2) An employee may receive:
965 (a) Sample copies, instructor copies, or instructional
966 materials. These materials may not be sold for any type of
967 compensation if they are specifically marked as free samples not
968 for resale.
969 (b) Royalties or other compensation from sales of textbooks
970 or instructional materials that include the instructor’s own
971 writing or work.
972 (c) Honoraria for academic peer review of course materials.
973 (d) Fees associated with activities such as reviewing,
974 critiquing, or preparing support materials for textbooks or
975 instructional materials pursuant to guidelines adopted by the
976 State Board of Education or the Board of Governors.
977 (e) Training in the use of course materials and learning
978 technologies.
979 (4)(3) Each Florida College System institution institutions
980 and state university universities shall prominently post in the
981 course registration system and on its website on their websites,
982 as early as is feasible, but at least 14 not less than 30 days
983 before prior to the first day of student registration class for
984 each term, a hyperlink to lists list of each textbook required
985 and recommended textbooks and instructional materials for at
986 least 90 percent of the courses and course sections each course
987 offered at the institution during the upcoming term.
988 (a) These lists The posted list must include:
989 1. The International Standard Book Number (ISBN) for each
990 required and recommended textbook and instructional materials.
991 2. For a textbook or instructional materials for which an
992 ISBN is not available, textbook or other identifying
993 information, which must include, at a minimum, all of the
994 following: the title, all authors listed, publishers, edition
995 number, copyright date, published date, and other relevant
996 information necessary to identify the specific textbook or
997 instructional materials textbooks required and recommended for
998 each course.
999 3. The new and used retail price and the rental price, if
1000 applicable, for a required or recommended textbook or
1001 instructional materials for purchase at the institution’s
1002 designated bookstore or other specified vendor, including the
1003 website or other contact information for the bookstore.
1004 (b) The State Board of Education and the Board of Governors
1005 shall include in the policies, procedures, and guidelines
1006 adopted under subsection (5) (4) certain limited exceptions to
1007 this notification requirement for courses classes added after
1008 the notification deadline.
1009 (c) An institution that is unable to comply with this
1010 subsection by the 2015 fall semester must provide the
1011 information required by this subsection to students, in a format
1012 determined by the institution, at least 60 days before the first
1013 day of classes. The institution must also submit a quarterly
1014 report to the State Board of Education or to the Board of
1015 Governors, as applicable, documenting the institution’s efforts
1016 to comply with this subsection by the 2016 fall semester.
1017 (5)(4) The State Board of Education and the Board of
1018 Governors each shall adopt textbook and instructional materials
1019 affordability policies, procedures, and guidelines for
1020 implementation by Florida College System institutions and state
1021 universities, respectively, which that further efforts to
1022 minimize the cost of textbooks and instructional materials for
1023 students attending such institutions, while maintaining the
1024 quality of education and academic freedom. The policies,
1025 procedures, and guidelines must, at a minimum, require shall
1026 provide for the following:
1027 (a) That textbook and instructional materials adoptions are
1028 made with sufficient lead time to bookstores so as to confirm
1029 availability of the requested materials and, if where possible,
1030 ensure maximum availability of used textbooks and instructional
1031 materials books.
1032 (b) That, in the textbook and instructional material
1033 adoption process, the intent to use all items ordered,
1034 particularly each individual item sold as part of a bundled
1035 package, is confirmed by the course instructor or the academic
1036 department offering the course before the adoption is finalized.
1037 (c) That a course instructor or the academic department
1038 offering the course determine determines, before a textbook or
1039 instructional materials are is adopted, the extent to which a
1040 new edition differs significantly and substantively from earlier
1041 versions and the value to the student of changing to a new
1042 edition or the extent to which an open-access textbook or
1043 instructional materials may exist and be used.
1044 (d) That the establishment of policies shall address the
1045 availability of required and recommended textbooks and
1046 instructional materials to students otherwise unable to afford
1047 the cost, including consideration of the extent to which an
1048 open-access textbook or instructional materials may be used.
1049 (e) That course instructors and academic departments are
1050 encouraged to participate in the development, adaptation, and
1051 review of open-access textbooks and instructional materials and,
1052 in particular, open-access textbooks and instructional materials
1053 for high-demand general education courses.
1054 (f) That postsecondary institutions consult with school
1055 districts with which they have a dual enrollment articulation
1056 agreement to identify practices that impact the cost to school
1057 districts of dual enrollment textbooks and instructional
1058 materials, including, but not limited to, the length of time
1059 that textbooks and instructional materials remain in use and the
1060 costs associated with digital materials.
1061 (g) That cost-benefit analyses be conducted regularly in
1062 comparing options to ensure that students receive the highest
1063 quality product at the lowest available price.
1064 (6) Each Florida College System institution and each state
1065 university shall report annually to the Chancellor of the
1066 Florida College System or the Chancellor of the State University
1067 System, as applicable, the cost of undergraduate textbooks and
1068 instructional materials, by course and course section; the
1069 textbook and instructional materials selection process for high
1070 enrollment courses as determined by the chancellors; specific
1071 initiatives of the institution which reduce the cost of
1072 textbooks and instructional materials; the number of courses and
1073 course sections that were not able to meet the textbook and
1074 instructional materials posting deadline; and additional
1075 information as determined by the chancellors. Annually, by
1076 December 31, the chancellors shall compile the institution
1077 reports and submit a comprehensive report to the Governor, the
1078 President of the Senate, and the Speaker of the House of
1079 Representatives.
1080 (7) Each Florida College System institution and state
1081 university shall annually send the State Board of Education or
1082 the Board of Governors, as applicable, electronic copies of its
1083 current textbook and instructional materials affordability
1084 policies and procedures. The State Board of Education and the
1085 Board of Governors shall provide a link to this information on
1086 their respective websites.
1087 Section 18. Paragraph (b) of subsection (2) of section
1088 1004.92, Florida Statutes, is amended to read:
1089 1004.92 Purpose and responsibilities for career education.—
1090 (2)
1091 (b) Department of Education accountability for career
1092 education includes, but is not limited to:
1093 1. The provision of timely, accurate technical assistance
1094 to school districts and Florida College System institutions.
1095 2. The provision of timely, accurate information to the
1096 State Board of Education, the Legislature, and the public.
1097 3. The development of policies, rules, and procedures that
1098 facilitate institutional attainment of the accountability
1099 standards and coordinate the efforts of all divisions within the
1100 department.
1101 4. The development of program standards and industry-driven
1102 benchmarks for career, adult, and community education programs,
1103 which must be updated every 3 years. The standards must include
1104 career, academic, and workplace skills; viability of distance
1105 learning for instruction; and work/learn cycles that are
1106 responsive to business and industry; and reflect the quality
1107 components of a career and technical education program. The
1108 State Board of Education shall adopt rules to administer this
1109 section.
1110 5. Overseeing school district and Florida College System
1111 institution compliance with the provisions of this chapter.
1112 6. Ensuring that the educational outcomes for the technical
1113 component of career programs are uniform and designed to provide
1114 a graduate who is capable of entering the workforce on an
1115 equally competitive basis regardless of the institution of
1116 choice.
1117 Section 19. Present subsections (5) and (6) of section
1118 1006.735, Florida Statutes, are redesignated as subsections (6)
1119 and (7), respectively, and a new subsection (5) is added to that
1120 section, to read:
1121 1006.735 Complete Florida Plus Program.—The Complete
1122 Florida Plus Program is created at the University of West
1123 Florida.
1124 (5) RAPID RESPONSE EDUCATION AND TRAINING PROGRAM.—The
1125 Rapid Response Education and Training Program is established
1126 within the Complete Florida Plus Program. Under the Rapid
1127 Response Education and Training Program, the Complete Florida
1128 Plus Program shall work directly with Enterprise Florida, Inc.,
1129 in project-specific industry recruitment and retention efforts
1130 to offer credible education and training commitments to
1131 businesses.
1132 (a) The Rapid Response Education and Training Program must:
1133 1. Issue challenge grants through requests for proposals
1134 that are open to all education and training providers, public or
1135 private. These grants match state funding with education and
1136 training provider funds to implement particular education and
1137 training programs.
1138 2. Generate periodic reports from an independent forensic
1139 accounting or auditing entity to ensure transparency of the
1140 program. These periodic reports must be submitted to the
1141 President of the Senate and the Speaker of the House of
1142 Representatives.
1143 3. Keep administrative costs to a minimum through the use
1144 of existing organizational structures.
1145 4. Work directly with businesses to recruit individuals for
1146 education and training.
1147 5. Be able to terminate an education and training program
1148 by giving 30 days’ notice.
1149 6. Survey employers after completion of an education and
1150 training program to ascertain the effectiveness of the program.
1151 (b) The Division of Career and Adult Education within the
1152 Department of Education shall conduct an analysis and assessment
1153 of the effectiveness of the education and training programs
1154 under this section in meeting labor market and occupational
1155 trends and gaps.
1156 Section 20. Paragraph (d) of subsection (3) of section
1157 1009.22, Florida Statutes, is amended to read:
1158 1009.22 Workforce education postsecondary student fees.—
1159 (3)
1160 (d) Each district school board and each Florida College
1161 System institution board of trustees may adopt tuition and out
1162 of-state fees that vary no more than 5 percent below or no more
1163 than 5 percent above the combined total of the standard tuition
1164 and out-of-state fees established in paragraph (c).
1165 Section 21. Paragraph (b) of subsection (3) and subsection
1166 (4) of section 1009.23, Florida Statutes, are amended, and
1167 subsection (20) is added to that section, to read:
1168 1009.23 Florida College System institution student fees.—
1169 (3)
1170 (b) Effective July 1, 2014, For baccalaureate degree
1171 programs, the following tuition and fee rates shall apply:
1172 1. The tuition may not exceed shall be $91.79 per credit
1173 hour for students who are residents for tuition purposes.
1174 2. The sum of the tuition and the he out-of-state fee per
1175 credit hour for students who are nonresidents for tuition
1176 purposes shall be no more than 85 percent of the sum of the
1177 tuition and the out-of-state fee at the state university nearest
1178 the Florida College System institution.
1179 (4) Each Florida College System institution board of
1180 trustees shall establish tuition and out-of-state fees, which
1181 may vary no more than 10 percent below and no more than 15
1182 percent above the combined total of the standard tuition and
1183 fees established in subsection (3).
1184 (20) Each Florida College System institution shall notice
1185 to the public and to all enrolled students any board of trustees
1186 meeting that votes on proposed increases in tuition or fees. The
1187 noticed meeting must allow for public comment on the proposed
1188 increase and must:
1189 (a) Be posted 28 days before the board of trustees meeting
1190 takes place.
1191 (b) Include the date and time of the meeting.
1192 (c) Be clear and specifically outline the details of the
1193 original tuition or fee, the rationale for the proposed
1194 increase, and what the proposed increase will fund.
1195 (d) Be posted on the institution’s website homepage and
1196 issued in a press release.
1197 Section 22. Paragraphs (a) and (b) of subsection (4) of
1198 section 1009.24, Florida Statutes, are amended, present
1199 subsection (19) of that section is redesignated as subsection
1200 (20), and a new subsection (19) is added to that section, to
1201 read:
1202 1009.24 State university student fees.—
1203 (4)(a) Effective July 1, 2014, The resident undergraduate
1204 tuition for lower-level and upper-level coursework may not
1205 exceed shall be $105.07 per credit hour.
1206 (b) The Board of Governors, or the board’s designee, may
1207 establish tuition for graduate and professional programs, and
1208 out-of-state fees for all programs. Except as otherwise provided
1209 in this section, the sum of tuition and out-of-state fees
1210 assessed to nonresident students must be sufficient to offset
1211 the full instructional cost of serving such students. However,
1212 adjustments to out-of-state fees or tuition for graduate
1213 programs and professional programs may not exceed 15 percent in
1214 any year. Adjustments to the resident tuition for graduate
1215 programs and professional programs may not exceed the tuition
1216 amount set on July 1, 2015.
1217 (19) Each university shall publicly notice to the public
1218 and to all enrolled students any board of trustees meeting that
1219 votes on proposed increases in tuition or fees. The noticed
1220 meeting must allow for public comment on the proposed increase
1221 and must:
1222 (a) Be posted 28 days before the board of trustees meeting
1223 takes place.
1224 (b) Include the date and time of the meeting.
1225 (c) Be clear and specifically outline the details of the
1226 original tuition or fee, the rationale for the proposed
1227 increase, and what the proposed increase will fund.
1228 (d) Be posted on the institution’s website homepage and
1229 issued in a press release.
1230 Section 23. Section 1009.893, Florida Statutes, is amended
1231 to read:
1232 1009.893 Benacquisto Scholarship Florida National Merit
1233 Scholar Incentive Program.—
1234 (1) As used in this section, the term:
1235 (a) “Department” means the Department of Education.
1236 (b) “Scholarship Incentive program” means the Benacquisto
1237 Scholarship Florida National Merit Scholar Incentive Program.
1238 (2) The Benacquisto Scholarship Florida National Merit
1239 Scholar Incentive Program is created to reward any Florida high
1240 school graduate who receives recognition as a National Merit
1241 Scholar or National Achievement Scholar and who initially
1242 enrolls in the 2014-2015 academic year or, later, in a
1243 baccalaureate degree program at an eligible Florida public or
1244 independent postsecondary educational institution.
1245 (3) The department shall administer the scholarship
1246 incentive program according to rules and procedures established
1247 by the State Board of Education. The department shall advertise
1248 the availability of the scholarship incentive program and notify
1249 students, teachers, parents, certified school counselors, and
1250 principals or other relevant school administrators of the
1251 criteria.
1252 (4) In order to be eligible for an award under the
1253 scholarship incentive program, a student must:
1254 (a) Be a state resident as determined in s. 1009.40 and
1255 rules of the State Board of Education;
1256 (b) Earn a standard Florida high school diploma or its
1257 equivalent pursuant to s. 1002.3105, s. 1003.4281, s. 1003.4282,
1258 or s. 1003.435 unless:
1259 1. The student completes a home education program according
1260 to s. 1002.41; or
1261 2. The student earns a high school diploma from a non
1262 Florida school while living with a parent who is on military or
1263 public service assignment out of this state;
1264 (c) Be accepted by and enroll in a Florida public or
1265 independent postsecondary educational institution that is
1266 regionally accredited; and
1267 (d) Be enrolled full-time in a baccalaureate degree program
1268 at an eligible regionally accredited Florida public or
1269 independent postsecondary educational institution during the
1270 fall academic term following high school graduation.
1271 (5)(a) An eligible student who is a National Merit Scholar
1272 or National Achievement Scholar and who attends a Florida public
1273 postsecondary educational institution shall receive a
1274 scholarship an incentive award equal to the institutional cost
1275 of attendance minus the sum of the student’s Florida Bright
1276 Futures Scholarship and National Merit Scholarship or National
1277 Achievement Scholarship.
1278 (b) An eligible student who is a National Merit Scholar or
1279 National Achievement Scholar and who attends a Florida
1280 independent postsecondary educational institution shall receive
1281 a scholarship an incentive award equal to the highest cost of
1282 attendance at a Florida public university, as reported by the
1283 Board of Governors of the State University System, minus the sum
1284 of the student’s Florida Bright Futures Scholarship and National
1285 Merit Scholarship or National Achievement Scholarship.
1286 (6)(a) To be eligible for a renewal award, a student must
1287 earn all credits for which he or she was enrolled and maintain a
1288 3.0 or higher grade point average.
1289 (b) A student may receive the scholarship incentive award
1290 for a maximum of 100 percent of the number of credit hours
1291 required to complete a baccalaureate degree program, or until
1292 completion of a baccalaureate degree program, whichever comes
1293 first.
1294 (7) The department shall annually issue awards from the
1295 scholarship incentive program. Before the registration period
1296 each semester, the department shall transmit payment for each
1297 award to the president or director of the postsecondary
1298 educational institution, or his or her representative, except
1299 that the department may withhold payment if the receiving
1300 institution fails to report or to make refunds to the department
1301 as required in this section.
1302 (a) Each institution shall certify to the department the
1303 eligibility status of each student to receive a disbursement
1304 within 30 days before the end of its regular registration
1305 period, inclusive of a drop and add period. An institution is
1306 not required to reevaluate the student eligibility after the end
1307 of the drop and add period.
1308 (b) An institution that receives funds from the scholarship
1309 incentive program must certify to the department the amount of
1310 funds disbursed to each student and remit to the department any
1311 undisbursed advances within 60 days after the end of regular
1312 registration.
1313 (c) If funds appropriated are not adequate to provide the
1314 maximum allowable award to each eligible student, awards must be
1315 prorated using the same percentage reduction.
1316 (8) Funds from any award within the scholarship incentive
1317 program may not be used to pay for remedial coursework or
1318 developmental education.
1319 (9) A student may use an award for a summer term if funds
1320 are available and appropriated by the Legislature.
1321 (10) The department shall allocate funds to the appropriate
1322 institutions and collect and maintain data regarding the
1323 scholarship incentive program within the student financial
1324 assistance database as specified in s. 1009.94.
1325 (11) Section 1009.40(4) does not apply to awards issued
1326 under this section.
1327 (12) A student who receives an award under the scholarship
1328 program shall be known as a Benacquisto Scholar.
1329 (13)(12) The State Board of Education shall adopt rules
1330 necessary to administer this section.
1331 Section 24. Paragraphs (f) and (o) of subsection (1),
1332 paragraph (a) of subsection (4), subsection (5), paragraph (b)
1333 of subsection (7), paragraph (a) of subsection (9), subsection
1334 (11), paragraphs (b) through (e) of subsection (12), and present
1335 subsection (13) of section 1011.62, Florida Statutes, are
1336 amended, present subsections (13), (14), and (15) of that
1337 section are redesignated as subsections (14), (15), and (16),
1338 respectively, and a new subsection (13) is added to that
1339 section, to read:
1340 1011.62 Funds for operation of schools.—If the annual
1341 allocation from the Florida Education Finance Program to each
1342 district for operation of schools is not determined in the
1343 annual appropriations act or the substantive bill implementing
1344 the annual appropriations act, it shall be determined as
1345 follows:
1346 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
1347 OPERATION.—The following procedure shall be followed in
1348 determining the annual allocation to each district for
1349 operation:
1350 (f) Supplemental academic instruction; categorical fund.—
1351 1. There is created a categorical fund to provide
1352 supplemental academic instruction to students in kindergarten
1353 through grade 12. This paragraph may be cited as the
1354 “Supplemental Academic Instruction Categorical Fund.”
1355 2. Categorical funds for supplemental academic instruction
1356 shall be allocated annually to each school district in the
1357 amount provided in the General Appropriations Act. These funds
1358 shall be in addition to the funds appropriated on the basis of
1359 FTE student membership in the Florida Education Finance Program
1360 and shall be included in the total potential funds of each
1361 district. These funds shall be used to provide supplemental
1362 academic instruction to students enrolled in the K-12 program.
1363 For the 2014-2015, 2015-2016, 2016-2017, and 2017-2018 fiscal
1364 years year, each school district that has one or more of the 300
1365 lowest-performing elementary schools based on the state reading
1366 assessment shall use these funds, together with the funds
1367 provided in the district’s research-based reading instruction
1368 allocation and other available funds, to provide an additional
1369 hour of instruction beyond the normal school day for each day of
1370 the entire school year, and to provide the equivalent hours of
1371 instruction in a summer program, for intensive reading
1372 instruction for the students in each of these schools. If a
1373 participating school is no longer classified as one of the 300
1374 lowest-performing elementary schools in the subsequent year, the
1375 school must continue to provide the additional hour of intensive
1376 reading instruction to all students who have Level 1 or Level 2
1377 reading assessment scores. This additional hour of instruction
1378 must be provided by teachers or reading specialists who are
1379 effective in teaching reading or by a K-5 mentoring reading
1380 program that is supervised by a teacher who is effective at
1381 teaching reading. Students enrolled in these schools who have
1382 level 5 assessment scores may participate in the additional hour
1383 of instruction on an optional basis. Exceptional student
1384 education centers may shall not be included in the 300 schools.
1385 After this requirement has been met, supplemental instruction
1386 strategies may include, but are not limited to: modified
1387 curriculum, reading instruction, after-school instruction,
1388 tutoring, mentoring, class size reduction, extended school year,
1389 intensive skills development in summer school, and other methods
1390 for improving student achievement. Supplemental instruction may
1391 be provided to a student in any manner and at any time during or
1392 beyond the regular 180-day term identified by the school as
1393 being the most effective and efficient way to best help that
1394 student progress from grade to grade and to graduate.
1395 3. Effective with the 1999-2000 fiscal year, funding on the
1396 basis of FTE membership beyond the 180-day regular term shall be
1397 provided in the FEFP only for students enrolled in juvenile
1398 justice education programs or in education programs for
1399 juveniles placed in secure facilities or programs under s.
1400 985.19. Funding for instruction beyond the regular 180-day
1401 school year for all other K-12 students shall be provided
1402 through the supplemental academic instruction categorical fund
1403 and other state, federal, and local fund sources with ample
1404 flexibility for schools to provide supplemental instruction to
1405 assist students in progressing from grade to grade and
1406 graduating.
1407 4. The Florida State University School, as a lab school, is
1408 authorized to expend from its FEFP or Lottery Enhancement Trust
1409 Fund allocation the cost to the student of remediation in
1410 reading, writing, or mathematics for any graduate who requires
1411 remediation at a postsecondary educational institution.
1412 5. Beginning in the 1999-2000 school year, dropout
1413 prevention programs as defined in ss. 1003.52, 1003.53(1)(a),
1414 (b), and (c), and 1003.54 shall be included in group 1 programs
1415 under subparagraph (d)3.
1416 (o) Calculation of additional full-time equivalent
1417 membership based on successful completion of a career-themed
1418 course pursuant to ss. 1003.491, 1003.492, and 1003.493, or
1419 courses with embedded CAPE industry certifications or CAPE
1420 Digital Tool certificates, and issuance of industry
1421 certification identified on the CAPE Industry Certification
1422 Funding List pursuant to rules adopted by the State Board of
1423 Education or CAPE Digital Tool certificates pursuant to s.
1424 1003.4203.—
1425 1.a. A value of 0.025 full-time equivalent student
1426 membership shall be calculated for CAPE Digital Tool
1427 certificates earned by students in elementary and middle school
1428 grades.
1429 b. A value of 0.1 or 0.2 full-time equivalent student
1430 membership shall be calculated for each student who completes a
1431 course as defined in s. 1003.493(1)(b) or courses with embedded
1432 CAPE industry certifications and who is issued an industry
1433 certification identified annually on the CAPE Industry
1434 Certification Funding List approved under rules adopted by the
1435 State Board of Education. A value of 0.2 full-time equivalent
1436 membership shall be calculated for each student who is issued a
1437 CAPE industry certification that has a statewide articulation
1438 agreement for college credit approved by the State Board of
1439 Education. For CAPE industry certifications that do not
1440 articulate for college credit, the Department of Education shall
1441 assign a full-time equivalent value of 0.1 for each
1442 certification. Middle grades students who earn additional FTE
1443 membership for a CAPE Digital Tool certificate pursuant to sub
1444 subparagraph a. may not use the previously funded examination to
1445 satisfy the requirements for earning an industry certification
1446 under this sub-subparagraph. Additional FTE membership for an
1447 elementary or middle grades student may shall not exceed 0.1 for
1448 certificates or certifications earned within the same fiscal
1449 year. The State Board of Education shall include the assigned
1450 values on the CAPE Industry Certification Funding List under
1451 rules adopted by the state board. Such value shall be added to
1452 the total full-time equivalent student membership for grades 6
1453 through 12 in the subsequent year for courses that were not
1454 provided through dual enrollment. CAPE industry certifications
1455 earned through dual enrollment must be reported and funded
1456 pursuant to s. 1011.80. However, if a student earns a
1457 certification through a dual enrollment course and the
1458 certification is not a fundable certification on the
1459 postsecondary certification funding list, or the dual enrollment
1460 certification is earned as a result of an agreement between a
1461 school district and a nonpublic postsecondary institution, the
1462 bonus value shall be funded in the same manner as for other
1463 nondual enrollment course industry certifications. In such
1464 cases, the school district may provide for an agreement between
1465 the high school and the technical center, or the school district
1466 and the postsecondary institution may enter into an agreement
1467 for equitable distribution of the bonus funds.
1468 c. A value of 0.3 full-time equivalent student membership
1469 shall be calculated for student completion of the courses and
1470 the embedded certifications identified on the CAPE Industry
1471 Certification Funding List and approved by the commissioner
1472 pursuant to ss. 1003.4203(5)(a) and 1008.44.
1473 d. A value of 0.5 full-time equivalent student membership
1474 shall be calculated for CAPE Acceleration Industry
1475 Certifications that articulate for 15 to 29 college credit
1476 hours, and 1.0 full-time equivalent student membership shall be
1477 calculated for CAPE Acceleration Industry Certifications that
1478 articulate for 30 or more college credit hours pursuant to CAPE
1479 Acceleration Industry Certifications approved by the
1480 commissioner pursuant to ss. 1003.4203(5)(b) and 1008.44.
1481 2. Each district must allocate at least 80 percent of the
1482 funds provided for CAPE industry certification, in accordance
1483 with this paragraph, to the program that generated the funds.
1484 This allocation may not be used to supplant funds provided for
1485 basic operation of the program.
1486 3. For CAPE industry certifications earned in the 2013-2014
1487 school year and in subsequent years, the school district shall
1488 distribute to each classroom teacher who provided direct
1489 instruction toward the attainment of a CAPE industry
1490 certification that qualified for additional full-time equivalent
1491 membership under subparagraph 1.:
1492 a. A bonus in the amount of $25 for each student taught by
1493 a teacher who provided instruction in a course that led to the
1494 attainment of a CAPE industry certification on the CAPE Industry
1495 Certification Funding List with a weight of 0.1.
1496 b. A bonus in the amount of $50 for each student taught by
1497 a teacher who provided instruction in a course that led to the
1498 attainment of a CAPE industry certification on the CAPE Industry
1499 Certification Funding List with a weight of 0.2, 0.3, 0.5, and
1500 1.0.
1501 c. A bonus of $75 for each student taught by a teacher who
1502 provided instruction in a course that led to the attainment of a
1503 CAPE industry certification on the CAPE Industry Certification
1504 Funding List with a weight of 0.3.
1505 d. A bonus of $100 for each student taught by a teacher who
1506 provided instruction in a course that led to the attainment of a
1507 CAPE industry certification on the CAPE Industry Certification
1508 Funding List with a weight of 0.5 or 1.0.
1509
1510 Bonuses awarded pursuant to this paragraph shall be provided to
1511 teachers who are employed by the district in the year in which
1512 the additional FTE membership calculation is included in the
1513 calculation. Bonuses shall be calculated based upon the
1514 associated weight of a CAPE industry certification on the CAPE
1515 Industry Certification Funding List for the year in which the
1516 certification is earned by the student. In a single school year,
1517 a Any bonus awarded to a teacher under sub-subparagraph 3.a. or
1518 sub-subparagraph 3.b. this paragraph may not exceed $2,000 or
1519 under sub-subparagraph 3.c. or sub-subparagraph 3.d. may not
1520 exceed $4,000. The maximum bonus that may be awarded to a
1521 teacher under this paragraph is $4,000 in a single school year.
1522 This bonus in any given school year and is in addition to any
1523 regular wage or other bonus the teacher received or is scheduled
1524 to receive.
1525 (4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.—The
1526 Legislature shall prescribe the aggregate required local effort
1527 for all school districts collectively as an item in the General
1528 Appropriations Act for each fiscal year. The amount that each
1529 district shall provide annually toward the cost of the Florida
1530 Education Finance Program for kindergarten through grade 12
1531 programs shall be calculated as follows:
1532 (a) Estimated taxable value calculations.—
1533 1.a. Not later than 2 working days prior to July 19, the
1534 Department of Revenue shall certify to the Commissioner of
1535 Education its most recent estimate of the taxable value for
1536 school purposes in each school district and the total for all
1537 school districts in the state for the current calendar year
1538 based on the latest available data obtained from the local
1539 property appraisers. The value certified shall be the taxable
1540 value for school purposes for that year, and no further
1541 adjustments shall be made, except those made pursuant to
1542 paragraphs (c) and (d), or an assessment roll change required by
1543 final judicial decisions as specified in paragraph (15)(b)
1544 (14)(b). Not later than July 19, the Commissioner of Education
1545 shall compute a millage rate, rounded to the next highest one
1546 one-thousandth of a mill, which, when applied to 96 percent of
1547 the estimated state total taxable value for school purposes,
1548 would generate the prescribed aggregate required local effort
1549 for that year for all districts. The Commissioner of Education
1550 shall certify to each district school board the millage rate,
1551 computed as prescribed in this subparagraph, as the minimum
1552 millage rate necessary to provide the district required local
1553 effort for that year.
1554 b. The General Appropriations Act shall direct the
1555 computation of the statewide adjusted aggregate amount for
1556 required local effort for all school districts collectively from
1557 ad valorem taxes to ensure that no school district’s revenue
1558 from required local effort millage will produce more than 90
1559 percent of the district’s total Florida Education Finance
1560 Program calculation as calculated and adopted by the
1561 Legislature, and the adjustment of the required local effort
1562 millage rate of each district that produces more than 90 percent
1563 of its total Florida Education Finance Program entitlement to a
1564 level that will produce only 90 percent of its total Florida
1565 Education Finance Program entitlement in the July calculation.
1566 2. On the same date as the certification in sub
1567 subparagraph 1.a., the Department of Revenue shall certify to
1568 the Commissioner of Education for each district:
1569 a. Each year for which the property appraiser has certified
1570 the taxable value pursuant to s. 193.122(2) or (3), if
1571 applicable, since the prior certification under sub-subparagraph
1572 1.a.
1573 b. For each year identified in sub-subparagraph a., the
1574 taxable value certified by the appraiser pursuant to s.
1575 193.122(2) or (3), if applicable, since the prior certification
1576 under sub-subparagraph 1.a. This is the certification that
1577 reflects all final administrative actions of the value
1578 adjustment board.
1579 (5) DISCRETIONARY MILLAGE COMPRESSION SUPPLEMENT.—The
1580 Legislature shall prescribe in the General Appropriations Act,
1581 pursuant to s. 1011.71(1), the rate of nonvoted current
1582 operating discretionary millage that shall be used to calculate
1583 a discretionary millage compression supplement. If the
1584 prescribed millage generates an amount of funds per unweighted
1585 FTE for the district that is less than 105 percent of the state
1586 average, the district shall receive an amount per FTE that, when
1587 added to the funds per FTE generated by the designated levy,
1588 shall equal 105 percent of the state average.
1589 (7) DETERMINATION OF SPARSITY SUPPLEMENT.—
1590 (b) The district sparsity index shall be computed by
1591 dividing the total number of full-time equivalent students in
1592 all programs in the district by the number of senior high school
1593 centers in the district, not in excess of three, which centers
1594 are approved as permanent centers by a survey made by the
1595 Department of Education. For districts with a full-time
1596 equivalent student membership of at least 20,000, but no more
1597 than 24,000, the index shall be computed by dividing the total
1598 number of full-time equivalent students in all programs by the
1599 number of permanent senior high school centers in the district,
1600 not to exceed four.
1601 (9) RESEARCH-BASED READING INSTRUCTION ALLOCATION.—
1602 (a) The research-based reading instruction allocation is
1603 created to provide comprehensive reading instruction to students
1604 in kindergarten through grade 12. For the 2014-2015, 2015-2016,
1605 2016-2017, and 2017-2018 fiscal years year, in each school
1606 district that has one or more of the 300 lowest-performing
1607 elementary schools based on the state reading assessment,
1608 priority shall be given to providing an additional hour per day
1609 of intensive reading instruction beyond the normal school day
1610 for each day of the entire school year, and to providing the
1611 equivalent hours of instruction in a summer program, for the
1612 students in each school. If a participating school is no longer
1613 classified as one of the 300 lowest-performing elementary
1614 schools in the subsequent year, the school must continue to
1615 provide the additional hour of intensive reading instruction to
1616 all students who have Level 1 or Level 2 reading assessment
1617 scores. Students enrolled in these schools who have level 5
1618 assessment scores may participate in the additional hour of
1619 instruction on an optional basis. Exceptional student education
1620 centers may shall not be included in the 300 schools. The
1621 intensive reading instruction delivered in this additional hour
1622 and for other students shall include: research-based reading
1623 instruction that has been proven to accelerate progress of
1624 students exhibiting a reading deficiency; differentiated
1625 instruction based on student assessment data to meet students’
1626 specific reading needs; explicit and systematic reading
1627 development in phonemic awareness, phonics, fluency, vocabulary,
1628 and comprehension, with more extensive opportunities for guided
1629 practice, error correction, and feedback; and the integration of
1630 social studies, science, and mathematics-text reading, text
1631 discussion, and writing in response to reading. For the 2012
1632 2013 and 2013-2014 fiscal years, a school district may not hire
1633 more reading coaches than were hired during the 2011-2012 fiscal
1634 year unless all students in kindergarten through grade 5 who
1635 demonstrate a reading deficiency, as determined by district and
1636 state assessments, including students scoring Level 1 or Level 2
1637 on the statewide, standardized reading assessment or, upon
1638 implementation, the English Language Arts assessment, are
1639 provided an additional hour per day of intensive reading
1640 instruction beyond the normal school day for each day of the
1641 entire school year.
1642 (11) VIRTUAL EDUCATION CONTRIBUTION.—The Legislature may
1643 annually provide in the Florida Education Finance Program a
1644 virtual education contribution. The amount of the virtual
1645 education contribution shall be the difference between the
1646 amount per FTE established in the General Appropriations Act for
1647 virtual education and the amount per FTE for each district and
1648 the Florida Virtual School, which may be calculated by taking
1649 the sum of the base FEFP allocation, the declining enrollment
1650 supplement, the discretionary local effort, the state-funded
1651 discretionary contribution, the discretionary millage
1652 compression supplement, the research-based reading instruction
1653 allocation, the exceptional student education guaranteed
1654 allocation, and the instructional materials allocation, and then
1655 dividing by the total unweighted FTE. This difference shall be
1656 multiplied by the virtual education unweighted FTE for programs
1657 and options identified in s. 1002.455(3) and the Florida Virtual
1658 School and its franchises to equal the virtual education
1659 contribution and shall be included as a separate allocation in
1660 the funding formula.
1661 (12) FLORIDA DIGITAL CLASSROOMS ALLOCATION.—
1662 (b) Each district school board shall adopt a district
1663 digital classrooms plan that meets the unique needs of students,
1664 schools, and personnel and submit the plan for approval to the
1665 Department of Education. In addition, each district school board
1666 must, at a minimum, seek input from the district’s
1667 instructional, curriculum, and information technology staff to
1668 develop the district digital classrooms plan. The district’s
1669 plan must be within the general parameters established in the
1670 Florida digital classrooms plan pursuant to s. 1001.20. In
1671 addition, if the district participates in federal technology
1672 initiatives and grant programs, the district digital classrooms
1673 plan must include a plan for meeting requirements of such
1674 initiatives and grant programs. Funds allocated under this
1675 subsection must be used to support implementation of district
1676 digital classrooms plans. By August October 1, 2014, and by
1677 March 1 of each year thereafter, on a date determined by the
1678 department, each district school board shall submit to the
1679 department, in a format prescribed by the department, a digital
1680 classrooms plan. At a minimum, such plan must include, and be
1681 annually updated to reflect, the following:
1682 1. Measurable student performance outcomes. Outcomes
1683 related to student performance, including outcomes for students
1684 with disabilities, must be tied to the efforts and strategies to
1685 improve outcomes related to student performance by integrating
1686 technology in classroom teaching and learning. Results of the
1687 outcomes shall be reported at least annually for the current
1688 school year and subsequent 3 years and be accompanied by an
1689 independent evaluation and validation of the reported results.
1690 2. Digital learning and technology infrastructure purchases
1691 and operational activities. Such purchases and activities must
1692 be tied to the measurable outcomes under subparagraph 1.,
1693 including, but not limited to, connectivity, broadband access,
1694 wireless capacity, Internet speed, and data security, all of
1695 which must meet or exceed minimum requirements and protocols
1696 established by the department. For each year that the district
1697 uses funds for infrastructure, a third-party, independent
1698 evaluation of the district’s technology inventory and
1699 infrastructure needs must accompany the district’s plan.
1700 3. Professional development purchases and operational
1701 activities. Such purchases and activities must be tied to the
1702 measurable outcomes under subparagraph 1., including, but not
1703 limited to, using technology in the classroom and improving
1704 digital literacy and competency.
1705 4. Digital tool purchases and operational activities. Such
1706 purchases and activities must be tied to the measurable outcomes
1707 under subparagraph 1., including, but not limited to,
1708 competency-based credentials that measure and demonstrate
1709 digital competency and certifications; third-party assessments
1710 that demonstrate acquired knowledge and use of digital
1711 applications; and devices that meet or exceed minimum
1712 requirements and protocols established by the department.
1713 5. Online assessment-related purchases and operational
1714 activities. Such purchases and activities must be tied to the
1715 measurable outcomes under subparagraph 1., including, but not
1716 limited to, expanding the capacity to administer assessments and
1717 compatibility with minimum assessment protocols and requirements
1718 established by the department. If the administration of online
1719 assessments after January 1, 2015, does not comply with the
1720 minimum assessment protocols and requirements established by the
1721 department, the department shall contract with an independent
1722 auditing entity that has expertise in the area of the
1723 noncompliance to evaluate the extent of the noncompliance and
1724 provide recommendations to remediate the noncompliance in future
1725 administrations of online assessments.
1726 (c) The Legislature shall annually provide in the General
1727 Appropriations Act the FEFP allocation for implementation of the
1728 Florida digital classrooms plan to be calculated in an amount up
1729 to 1 percent of the base student allocation multiplied by the
1730 total K-12 full-time equivalent student enrollment included in
1731 the FEFP calculations for the legislative appropriation or as
1732 provided in the General Appropriations Act. Each school district
1733 shall be provided a minimum of $250,000, with the remaining
1734 balance of the allocation to be distributed based on each
1735 district’s proportion of the total K-12 full-time equivalent
1736 student enrollment. Distribution of funds for the Florida
1737 digital classrooms allocation shall begin following submittal of
1738 each district’s digital classrooms plan, which must include
1739 formal verification of the superintendent’s approval of the
1740 digital classrooms plan of each charter school in the district,
1741 and approval of the plan by the department. A charter school
1742 shall submit the school’s digital classrooms plan, in a
1743 streamlined format prescribed by the department, to the
1744 applicable school district. Prior to the distribution of the
1745 Florida digital classrooms allocation funds, each district
1746 school superintendent shall certify to the Commissioner of
1747 Education that the district school board has approved a
1748 comprehensive district digital classrooms plan that supports the
1749 fidelity of implementation of the Florida digital classrooms
1750 allocation. District allocations shall be recalculated during
1751 the fiscal year consistent with the periodic recalculation of
1752 the FEFP. School districts shall provide a proportionate share
1753 of the digital classrooms allocation to each charter school in
1754 the district, as required for categorical programs in s.
1755 1002.33(17)(b). A school district may use a competitive process
1756 to distribute funds for the Florida digital classrooms
1757 allocation to the schools within the school district. Beginning
1758 in the 2016-2017 school year, to be eligible to receive Florida
1759 digital classrooms allocation funds, a school district must
1760 undergo an annual assessment pursuant to s. 282.0052 and an
1761 annual independent verification of its use of Florida digital
1762 classrooms allocation funds pursuant to paragraph (e).
1763 (d) To facilitate the implementation of the district
1764 digital classrooms plans and charter school digital classrooms
1765 plans, the commissioner shall support statewide, coordinated
1766 partnerships and efforts of this state’s education practitioners
1767 in the field, including, but not limited to, superintendents,
1768 principals, and teachers, to identify and share best practices,
1769 corrective actions, and other identified needs. By August 1,
1770 2016, the commissioner shall implement an online, web-based
1771 portal for school districts and charter schools to submit their
1772 digital classrooms plan.
1773 (e) Beginning in the 2015-2016 fiscal year and each year
1774 thereafter, each district school board and charter school shall
1775 report to the department its use of funds provided through the
1776 Florida digital classrooms allocation and student performance
1777 outcomes in accordance with the district’s digital classrooms
1778 plan. The department may contract with an independent third
1779 party entity to conduct an annual independent verification of
1780 the district’s use of Florida digital classrooms allocation
1781 funds in accordance with the district’s digital classrooms plan.
1782 In the event an independent third-party verification is not
1783 conducted, the Auditor General shall, during scheduled
1784 operational audits of the school districts, verify compliance of
1785 the use of Florida digital classrooms allocation funds in
1786 accordance with the district’s digital classrooms plan. No later
1787 than October 1 of each year, beginning in the 2015-2016 fiscal
1788 year, the commissioner shall provide to the Governor, the
1789 President of the Senate, and the Speaker of the House of
1790 Representatives a summary of each district’s student performance
1791 goals and outcomes, use of funds, in support of such student
1792 performance goals and outcomes, and progress toward meeting
1793 statutory requirements and timelines.
1794 (13) FEDERALLY CONNECTED STUDENT SUPPLEMENT.—The federally
1795 connected student supplement is created to provide supplemental
1796 funding for school districts to support the education of
1797 students connected with federally owned military installations,
1798 National Aeronautics and Space Administration (NASA) property,
1799 and Indian lands. To be eligible for this supplement, the
1800 district must be eligible for federal Impact Aid Program funds
1801 under s. 8003, Title VIII of the Elementary and Secondary
1802 Education Act of 1965. The supplement shall be the sum of the
1803 student allocation and an exempt property allocation.
1804 (a) The student allocation shall be calculated based on the
1805 number of students reported for federal Impact Aid Program
1806 funds, including students with disabilities, who meet one of the
1807 following criteria:
1808 1. Resides with a parent who is on active duty in the
1809 uniformed services or is an accredited foreign government
1810 official and military officer. Students with disabilities shall
1811 also be reported separately for this condition.
1812 2. Resides on eligible federally owned Indian lands.
1813 Students with disabilities shall also be reported separately for
1814 this condition.
1815 3. Resides with a civilian parent who lives or works on
1816 eligible federal property connected with a military installation
1817 or NASA. The number of these students shall be multiplied by a
1818 factor of 0.5.
1819 (b) The total number of federally connected students
1820 calculated under paragraph (a) shall be multiplied by a
1821 percentage of the base student allocation as provided in the
1822 General Appropriations Act. The total of the number of students
1823 with disabilities as reported separately under subparagraphs
1824 (a)1. and (a)2. shall be multiplied by an additional percentage
1825 of the base student allocation as provided in the General
1826 Appropriations Act. The base amount and the amount for students
1827 with disabilities shall be summed to provide the student
1828 allocation.
1829 (c) The exempt-property allocation shall be equal to the
1830 tax-exempt value of federal Impact Aid lands reserved as
1831 military installations, real property owned by NASA, or eligible
1832 federally owned Indian lands located in the district, as of
1833 January 1 of the previous year, multiplied by the millage
1834 authorized and levied under s. 1011.71(2).
1835 (14)(13) QUALITY ASSURANCE GUARANTEE.—The Legislature may
1836 annually in the General Appropriations Act determine a
1837 percentage increase in funds per K-12 unweighted FTE as a
1838 minimum guarantee to each school district. The guarantee shall
1839 be calculated from prior year base funding per unweighted FTE
1840 student which shall include the adjusted FTE dollars as provided
1841 in subsection (15)(14), quality guarantee funds, and actual
1842 nonvoted discretionary local effort from taxes. From the base
1843 funding per unweighted FTE, the increase shall be calculated for
1844 the current year. The current year funds from which the
1845 guarantee shall be determined shall include the adjusted FTE
1846 dollars as provided in subsection (15)(14) and potential
1847 nonvoted discretionary local effort from taxes. A comparison of
1848 current year funds per unweighted FTE to prior year funds per
1849 unweighted FTE shall be computed. For those school districts
1850 which have less than the legislatively assigned percentage
1851 increase, funds shall be provided to guarantee the assigned
1852 percentage increase in funds per unweighted FTE student. Should
1853 appropriated funds be less than the sum of this calculated
1854 amount for all districts, the commissioner shall prorate each
1855 district’s allocation. This provision shall be implemented to
1856 the extent specifically funded.
1857 Section 25. Subsection (1) and paragraph (d) of subsection
1858 (2) of section 1011.71, Florida Statutes, are amended to read:
1859 1011.71 District school tax.—
1860 (1) If the district school tax is not provided in the
1861 General Appropriations Act or the substantive bill implementing
1862 the General Appropriations Act, each district school board
1863 desiring to participate in the state allocation of funds for
1864 current operation as prescribed by s. 1011.62(15) s. 1011.62(14)
1865 shall levy on the taxable value for school purposes of the
1866 district, exclusive of millage voted under the provisions of s.
1867 9(b) or s. 12, Art. VII of the State Constitution, a millage
1868 rate not to exceed the amount certified by the commissioner as
1869 the minimum millage rate necessary to provide the district
1870 required local effort for the current year, pursuant to s.
1871 1011.62(4)(a)1. In addition to the required local effort millage
1872 levy, each district school board may levy a nonvoted current
1873 operating discretionary millage. The Legislature shall prescribe
1874 annually in the appropriations act the maximum amount of millage
1875 a district may levy.
1876 (2) In addition to the maximum millage levy as provided in
1877 subsection (1), each school board may levy not more than 1.5
1878 mills against the taxable value for school purposes for district
1879 schools, including charter schools at the discretion of the
1880 school board, to fund:
1881 (d) The purchase, lease-purchase, or lease of new and
1882 replacement equipment; computer hardware, including electronic
1883 hardware and other hardware devices necessary for gaining access
1884 to or enhancing the use of electronic content and resources or
1885 to facilitate the access to and the use of a school district’s
1886 digital classrooms plan pursuant to s. 1011.62, excluding
1887 software other than the operating system necessary to operate
1888 the hardware or device; and enterprise resource software
1889 applications that are classified as capital assets in accordance
1890 with definitions of the Governmental Accounting Standards Board,
1891 have a useful life of at least 5 years, and are used to support
1892 districtwide administration or state-mandated reporting
1893 requirements. Enterprise resource software may be acquired by
1894 annual license fees, maintenance fees, or lease agreements.
1895 Section 26. Section 1011.802, Florida Statutes, is created
1896 to read:
1897 1011.802 Florida Apprenticeship Grant (FLAG) Program.—
1898 (1) The Florida Apprenticeship Grant Program is created to
1899 provide grants, as provided in the General Appropriations Act,
1900 to career centers, charter technical career centers, and Florida
1901 College System institutions on a competitive basis to establish
1902 new apprenticeship programs and expand existing apprenticeship
1903 programs. The Division of Career and Adult Education within the
1904 Department of Education shall administer the grant program.
1905 (2) Applications from career centers, charter technical
1906 career centers, and Florida College System institutions must
1907 contain projected enrollment and projected costs for the new or
1908 expanded apprenticeship program.
1909 (3) The department shall give priority to apprenticeship
1910 programs in the areas of information technology, health, and
1911 machining and manufacturing. Grant funds may be used for
1912 instructional equipment, supplies, personnel, student services,
1913 and other expenses associated with the creation or expansion of
1914 an apprenticeship program. Grant funds may not be used for
1915 recurring instructional costs or for a center’s or an
1916 institution’s indirect costs. Grant recipients must submit
1917 quarterly reports in a format prescribed by the department.
1918 Section 27. Paragraph (e) is added to subsection (3) of
1919 section 1012.34, Florida Statutes, to read:
1920 1012.34 Personnel evaluation procedures and criteria.—
1921 (3) EVALUATION PROCEDURES AND CRITERIA.—Instructional
1922 personnel and school administrator performance evaluations must
1923 be based upon the performance of students assigned to their
1924 classrooms or schools, as provided in this section. Pursuant to
1925 this section, a school district’s performance evaluation is not
1926 limited to basing unsatisfactory performance of instructional
1927 personnel and school administrators solely upon student
1928 performance, but may include other criteria approved to evaluate
1929 instructional personnel and school administrators’ performance,
1930 or any combination of student performance and other approved
1931 criteria. Evaluation procedures and criteria must comply with,
1932 but are not limited to, the following:
1933 (e) A classroom teacher’s performance evaluation must be
1934 based upon the performance of students with fewer than 25
1935 absences within the school year, or, for schools with block
1936 scheduling, fewer than 10 absences within the school year,
1937 assigned to their classrooms, as provided in this section.
1938 Section 28. Subsection (4) is added to section 1012.3401,
1939 Florida Statutes, to read:
1940 1012.3401 Requirements for measuring student performance in
1941 instructional personnel and school administrator performance
1942 evaluations; performance evaluation of personnel for purposes of
1943 performance salary schedule.—Notwithstanding any provision to
1944 the contrary in ss. 1012.22 and 1012.34 regarding the
1945 performance salary schedule and personnel evaluation procedures
1946 and criteria:
1947 (4) A classroom teacher’s performance evaluation must be
1948 based upon the performance of students with fewer than 25
1949 absences within the school year, or, for schools with block
1950 scheduling, fewer than 10 absences within the school year,
1951 assigned to their classrooms.
1952 Section 29. Subsection (3) of section 1012.39, Florida
1953 Statutes, is amended to read:
1954 1012.39 Employment of substitute teachers, teachers of
1955 adult education, nondegreed teachers of career education, and
1956 career specialists; students performing clinical field
1957 experience.—
1958 (3) A student who is enrolled in a state-approved teacher
1959 preparation program in a postsecondary educational institution
1960 that is approved by rules of the State Board of Education and
1961 who is jointly assigned by the postsecondary educational
1962 institution and a district school board to perform a clinical
1963 field experience under the direction of a regularly employed and
1964 certified educator shall, while serving such supervised clinical
1965 field experience, be accorded the same protection of law as that
1966 accorded to the certified educator except for the right to
1967 bargain collectively as an employee of the district school
1968 board. The district school board providing the clinical field
1969 experience shall notify the student electronically or in writing
1970 of the availability of educator liability insurance under s.
1971 1012.75. A postsecondary educational institution or district
1972 school board may not require a student enrolled in a state
1973 approved teacher preparation program to purchase liability
1974 insurance as a condition of participation in any clinical field
1975 experience or related activity on the premises of an elementary
1976 or secondary school.
1977 Section 30. Subsections (4), (5), and (6) of section
1978 1012.71, Florida Statutes, are amended to read:
1979 1012.71 The Florida Teachers Classroom Supply Assistance
1980 Program.—
1981 (4) Each classroom teacher must provide the school district
1982 with receipts for the expenditure of the funds. If the classroom
1983 teacher is provided funds in advance of expenditure, the Each
1984 classroom teacher must sign a statement acknowledging receipt of
1985 the funds, provide keep receipts as requested by the school
1986 district for no less than 4 years to show that funds expended
1987 meet the requirements of this section, and return any unused
1988 funds to the district school board by at the end of the regular
1989 school year. Any unused funds that are returned to the district
1990 school board shall be deposited into the school advisory council
1991 account of the school at which the classroom teacher returning
1992 the funds was employed when that teacher received the funds or
1993 deposited into the Florida Teachers Classroom Supply Assistance
1994 Program account of the school district in which a charter school
1995 is sponsored, as applicable.
1996 (5) The statement must be signed and dated by each
1997 classroom teacher before receipt of the Florida Teachers
1998 Classroom Supply Assistance Program funds and shall include the
1999 wording: “I, ...(name of teacher)..., am employed by the
2000 ....County District School Board or by the ....Charter School as
2001 a full-time classroom teacher. I acknowledge that Florida
2002 Teachers Classroom Supply Assistance Program funds are
2003 appropriated by the Legislature for the sole purpose of
2004 purchasing classroom materials and supplies to be used in the
2005 instruction of students assigned to me. In accepting custody of
2006 these funds, I agree to keep the receipts for all expenditures
2007 for no less than 4 years. I understand that if I do not keep the
2008 receipts, it will be my personal responsibility to pay any
2009 federal taxes due on these funds. I also agree to return any
2010 unexpended funds to the district school board at the end of the
2011 regular school year for deposit into the school advisory council
2012 account of the school where I was employed at the time I
2013 received the funds or for deposit into the Florida Teachers
2014 Classroom Supply Assistance Program account of the school
2015 district in which the charter school is sponsored, as
2016 applicable.”
2017 (5)(6) The Department of Education and district school
2018 boards may, and are encouraged to, enter into public-private
2019 partnerships in order to increase the total amount of Florida
2020 Teachers Classroom Supply Assistance Programs funds available to
2021 classroom teachers.
2022 Section 31. Section 1012.731, Florida Statutes, is created
2023 to read:
2024 1012.731 The Florida Best and Brightest Teacher Scholarship
2025 Program.—
2026 (1) The Legislature recognizes that, second only to
2027 parents, teachers play the most critical role within schools in
2028 preparing students to achieve a high level of academic
2029 performance. The Legislature further recognizes that research
2030 has linked student outcomes to a teacher’s own academic
2031 achievement. Therefore, it is the intent of the Legislature to
2032 designate teachers who have achieved high academic standards
2033 during their own education as Florida’s best and brightest
2034 teacher scholars.
2035 (2) There is created the Florida Best and Brightest Teacher
2036 Scholarship Program to be administered by the Department of
2037 Education. Beginning in the 2015-2016 school year, the
2038 scholarship program shall provide categorical funding for
2039 scholarships to be awarded to teachers who have demonstrated a
2040 high level of academic achievement.
2041 (3)(a) To be eligible for a scholarship, a teacher:
2042 1. Must have scored at or above the 80th percentile on
2043 either the SAT or the ACT based upon the percentile ranks in
2044 effect when the teacher took the assessment and have been
2045 evaluated as highly effective pursuant to s. 1012.34; or
2046 2. If the teacher is a first-year teacher who has not been
2047 evaluated pursuant to s. 1012.34, must have scored at or above
2048 the 80th percentile on either the SAT or the ACT based upon the
2049 percentile ranks in effect when the teacher took the assessment.
2050 (b) In order to demonstrate eligibility for an award, an
2051 eligible teacher must submit to the school district, no later
2052 than October 1, an official record of his or her SAT or ACT
2053 score demonstrating that the teacher scored at or above the 80th
2054 percentile based upon the percentile ranks in effect when the
2055 teacher took the assessment. Once a teacher is deemed eligible
2056 by the school district, the teacher shall remain eligible as
2057 long as he or she is employed by the school district and
2058 maintains or, if the teacher is a first-year teacher, earns the
2059 evaluation designation of highly effective pursuant to s.
2060 1012.34.
2061 (4) Annually, by December 1, each school district shall
2062 submit to the department the number of eligible teachers who
2063 qualify for the scholarship.
2064 (5) Annually, by February 1, the department shall disburse
2065 scholarship funds, in an amount prescribed annually by the
2066 Legislature in the General Appropriations Act, to each school
2067 district for each eligible teacher to receive a scholarship. If
2068 the number of eligible teachers exceeds the total appropriation
2069 authorized in the General Appropriation Act, the department
2070 shall prorate the per teacher scholarship amount.
2071 (6) Annually, by April 1, each school district shall
2072 provide payment of the scholarship to each eligible teacher.
2073 (7) For purposes of this section, the term “school
2074 district” includes the Florida School for the Deaf and the Blind
2075 and charter school governing boards.
2076 Section 32. Section 1012.75, Florida Statutes, is amended
2077 to read:
2078 1012.75 Liability of teacher or principal; excessive
2079 force.—
2080 (1) Except in the case of excessive force or cruel and
2081 unusual punishment, a teacher or other member of the
2082 instructional staff, a principal or the principal’s designated
2083 representative, or a bus driver shall not be civilly or
2084 criminally liable for any action carried out in conformity with
2085 State Board of Education and district school board rules
2086 regarding the control, discipline, suspension, and expulsion of
2087 students, including, but not limited to, any exercise of
2088 authority under s. 1003.32 or s. 1006.09.
2089 (2) The State Board of Education shall adopt rules that
2090 outline administrative standards for the use of reasonable force
2091 by school personnel to maintain a safe and orderly learning
2092 environment. Such standards shall be distributed to each school
2093 in the state and shall provide guidance to school personnel in
2094 receiving the limitations on liability specified in this
2095 section.
2096 (3) Beginning with the 2015-2016 school year, the
2097 Department of Education shall administer an educator liability
2098 insurance program, as provided in the General Appropriation Act,
2099 to protect full-time instructional personnel from liability for
2100 monetary damages and the costs of defending actions resulting
2101 from claims made against the instructional personnel arising out
2102 of occurrences in the course of activities within the
2103 instructional personnel’s professional capacity. For purposes of
2104 this subsection, the terms “full-time,” “part-time,” and
2105 “administrative personnel” shall be defined by the individual
2106 district school board. For purposes of this subsection, the term
2107 “instructional personnel” has the same meaning as provided in s.
2108 1012.01(2).
2109 (a) Liability coverage of at least $2 million shall be
2110 provided to all full-time instructional personnel. Liability
2111 coverage may be provided to the following individuals who choose
2112 to participate in the program, at cost: part-time instructional
2113 personnel, administrative personnel, and students enrolled in a
2114 state-approved teacher preparation program pursuant to s.
2115 1012.39(3).
2116 (b) Annually, by August 1, each district school board shall
2117 notify personnel specified in paragraph (a) of the liability
2118 coverage provided pursuant to this subsection. The department
2119 shall develop the form of the notice which each district school
2120 board must use. The notice must be on an 8 1/2-inch by 5 1/2
2121 inch postcard and include the amount of coverage, a general
2122 description of the nature of the coverage, and the contact
2123 information for coverage and claims questions. The notification
2124 must be provided separately from any other correspondence. Each
2125 district school board shall certify to the department, by August
2126 5 of each year, that the notification required by this paragraph
2127 has been provided.
2128 (c) The department shall consult with the Department of
2129 Financial Services to select the most economically prudent and
2130 cost-effective means of implementing the program through self
2131 insurance, a risk management program, or competitive
2132 procurement.
2133 Section 33. (1) The State University System Performance
2134 Based Incentive shall be based on indicators of institutional
2135 attainment of performance metrics adopted by the Board of
2136 Governors. The performance-based funding metrics must include,
2137 but are not limited to, metrics that measure graduation and
2138 retention rates; degree production; affordability;
2139 postgraduation employment, salaries, or further education;
2140 student loan default rates; access; and any other metrics
2141 approved by the board.
2142 (2) The Board of Governors shall evaluate the institutions’
2143 performance on the metrics based on benchmarks adopted by the
2144 board which measure the achievement of institutional excellence
2145 or improvement. Each fiscal year, the amount of funds available
2146 for allocation to the institutions based on the performance
2147 funding model shall consist of the state’s investment in
2148 performance funding, plus an institutional investment consisting
2149 of funds to be redistributed from the base funding of the State
2150 University System, as determined in the General Appropriations
2151 Act. The institutional investment shall be restored for all
2152 institutions that meet the board’s minimum performance threshold
2153 under the performance funding model. An institution that is one
2154 of the bottom three institutions or fails to meet the board’s
2155 minimum performance funding threshold is not eligible for the
2156 state’s investment, shall have a portion of its institutional
2157 investment withheld, and shall submit an improvement plan to the
2158 board that specifies the activities and strategies for improving
2159 the institution’s performance.
2160 (3) By October 1 of each year, the Board of Governors shall
2161 submit to the Governor, the President of the Senate, and the
2162 Speaker of the House of Representatives a report on the previous
2163 year’s performance funding allocation which reflects the
2164 rankings and award distributions.
2165 (4) The Board of Governors shall adopt a regulation to
2166 implement this section.
2167 Section 34. (1) The Florida College System Performance
2168 Based Incentive shall be based on indicators of institutional
2169 attainment of performance metrics adopted by the State Board of
2170 Education. The performance-based funding metrics must be limited
2171 to metrics that measure retention; program completion and
2172 graduation rates; student loan default rates; job placement; and
2173 postgraduation employment, salaries, or further education.
2174 (2) The State Board of Education shall evaluate the
2175 institutions’ performance on the metrics based on benchmarks
2176 adopted by the board which measure the achievement of
2177 institutional excellence or improvement. Each fiscal year, the
2178 amount of funds available for allocation to the institutions
2179 based on the performance funding model shall consist of the
2180 state’s investment in performance funding, plus an institutional
2181 investment consisting of funds to be redistributed from the base
2182 funding of the Florida College System Program Fund, as
2183 determined in the General Appropriations Act. The board shall
2184 establish a minimum performance threshold that institutions must
2185 meet in order to be eligible for the state’s investment in
2186 performance funds. The institutional investment shall be
2187 restored for all institutions eligible for the state’s
2188 investment under the performance funding model. Any institution
2189 that fails to meet the board’s minimum performance funding
2190 threshold is not eligible for the state’s investment, shall have
2191 a portion of its institutional investment withheld, and shall
2192 submit an improvement plan to the board that specifies the
2193 activities and strategies for improving the institution’s
2194 performance.
2195 (3) The State Board of Education must review the
2196 improvement plan, and if approved, must monitor the
2197 institution’s progress on implementing the specified activities
2198 and strategies. The institutions shall submit monitoring reports
2199 to the board no later than December 31 and May 31 of each year.
2200 (4) The Commissioner of Education shall withhold
2201 disbursement of the institutional investment until such time as
2202 the monitoring report for the institution is approved by the
2203 State Board of Education. Any institution that fails to make
2204 satisfactory progress will not have its full institutional
2205 investment restored. If all institutional investment funds are
2206 not restored, any remaining funds shall be redistributed in
2207 accordance with the board’s performance funding model.
2208 (5) By October 1 of each year, the State Board of Education
2209 shall submit to the Governor, the President of the Senate, and
2210 the Speaker of the House of Representatives a report on the
2211 previous year’s performance funding allocation which reflects
2212 the rankings and award distributions.
2213 (6) The State Board of Education shall adopt rules to
2214 implement this section.
2215 Section 35. This act shall take effect July 1, 2015.