Florida Senate - 2024                       CS for CS for SB 996
       
       
        
       By the Appropriations Committee on Education; the Committee on
       Education Pre-K -12; and Senator Burgess
       
       
       
       
       602-03146-24                                           2024996c2
    1                        A bill to be entitled                      
    2         An act relating to education; amending ss. 192.0105,
    3         192.048, and 196.082, F.S.; conforming cross
    4         references; amending s. 196.011, F.S.; providing that
    5         an annual application for exemption on property used
    6         to house a charter school is not required; requiring
    7         the owner or lessee of such property to notify the
    8         property appraiser in specified circumstances;
    9         providing penalties; amending s. 1002.33, F.S.;
   10         providing that students who transfer from certain
   11         classical schools to certain charter classical schools
   12         may be included as a student population to whom
   13         charter schools may give enrollment preference;
   14         defining the term “classical school”; revising the
   15         definition of the term “charter school personnel”;
   16         amending s. 1002.42, F.S.; authorizing private schools
   17         to use or purchase specified facilities; exempting
   18         such facilities from specified zoning or land use
   19         requirements; requiring that such facilities meet
   20         specified laws, codes, and rules; amending s. 1002.45,
   21         F.S.; providing responsibilities for approved virtual
   22         instruction program providers, virtual charter
   23         schools, and school districts relating to statewide
   24         assessments and progress monitoring for certain
   25         students; creating s. 1003.052, F.S.; establishing the
   26         Purple Star School District Program; providing
   27         requirements for such program; authorizing the
   28         Department of Education to establish additional
   29         program criteria; authorizing the State Board of
   30         Education to adopt rules; amending s. 1003.451, F.S.;
   31         requiring school districts and charter schools to
   32         provide certain students with an opportunity to take
   33         the Armed Services Vocational Aptitude Battery and
   34         consult with a military recruiter; providing
   35         requirements for the scheduling of such test; amending
   36         s. 1003.53, F.S.; revising requirements for the
   37         assignment of students to disciplinary programs and
   38         alternative school settings or other programs;
   39         revising requirements for dropout prevention and
   40         academic intervention programs; requiring such
   41         programs to include academic intervention plans for
   42         students; providing requirements for such plans;
   43         providing that specified provisions apply to all
   44         dropout prevention and academic intervention programs;
   45         requiring school principals or their designees to make
   46         a reasonable effort to notify parents by specified
   47         means and to document such effort; creating s.
   48         1004.051, F.S.; prohibiting a public postsecondary
   49         institution from implicitly or explicitly prohibiting
   50         specified students from being employed; providing
   51         applicability; amending s. 1006.38, F.S.; requiring
   52         instructional materials publishers and manufacturers
   53         or their representatives to make sample copies of
   54         specified instructional materials available
   55         electronically for use by certain institutes for a
   56         specified purpose; amending s. 1007.25, F.S.; creating
   57         associate in arts specialized transfer degrees;
   58         providing requirements for such degrees; providing a
   59         process for the approval of such degree programs;
   60         requiring the state board to adopt specified rules;
   61         amending s. 1007.271, F.S.; requiring district school
   62         boards to make reasonable efforts to enter into
   63         specified agreements with a Florida College System
   64         institution for certain online courses; amending s.
   65         1008.33, F.S.; revising the date by which a memorandum
   66         of understanding relating to schools in turnaround
   67         status must be provided to the department; revising
   68         requirements for district-managed turnaround plans;
   69         providing requirements for turnaround schools that
   70         close and reopen as charter schools and school
   71         districts in which such schools reside; providing that
   72         specified provisions do not apply to certain
   73         turnaround schools; requiring the State Board of
   74         Education to adopt rules for a charter school
   75         turnaround contract and specified leases and
   76         agreements; amending s. 1008.34, F.S.; requiring that
   77         any changes made by the state board to components in
   78         the school grades model or the school grading scale
   79         shall go into effect, at the earliest, the following
   80         school year; amending s. 1009.21, F.S.; providing that
   81         a specified method for a student to prove residency
   82         for tuition purposes is deemed a single, conclusive
   83         piece of evidence; amending s. 1009.23, F.S.;
   84         authorizing Florida College System institutions to
   85         charge a specified amount for nonresident tuition and
   86         fees for distance learning; amending s. 1009.98, F.S.;
   87         revising the definition of the term “tuition
   88         differential”; revising provisions relating to
   89         payments the Florida Prepaid College Board must pay to
   90         state universities on behalf of beneficiaries of
   91         specified contracts; amending s. 1012.79, F.S.;
   92         authorizing the Commissioner of Education to appoint
   93         an executive director of the Education Practices
   94         Commission; revising the purpose of the commission;
   95         authorizing the commission to expend funds for legal
   96         services; repealing s. 1012.86, F.S., relating to the
   97         Florida College System institution employment equity
   98         accountability program; amending ss. 1001.64 and
   99         1001.65, F.S.; conforming provisions to changes made
  100         by the act; providing an effective date.
  101          
  102  Be It Enacted by the Legislature of the State of Florida:
  103  
  104         Section 1. Paragraph (f) of subsection (1) and paragraphs
  105  (b) and (c) of subsection (2) of section 192.0105, Florida
  106  Statutes, are amended to read:
  107         192.0105 Taxpayer rights.—There is created a Florida
  108  Taxpayer’s Bill of Rights for property taxes and assessments to
  109  guarantee that the rights, privacy, and property of the
  110  taxpayers of this state are adequately safeguarded and protected
  111  during tax levy, assessment, collection, and enforcement
  112  processes administered under the revenue laws of this state. The
  113  Taxpayer’s Bill of Rights compiles, in one document, brief but
  114  comprehensive statements that summarize the rights and
  115  obligations of the property appraisers, tax collectors, clerks
  116  of the court, local governing boards, the Department of Revenue,
  117  and taxpayers. Additional rights afforded to payors of taxes and
  118  assessments imposed under the revenue laws of this state are
  119  provided in s. 213.015. The rights afforded taxpayers to assure
  120  that their privacy and property are safeguarded and protected
  121  during tax levy, assessment, and collection are available only
  122  insofar as they are implemented in other parts of the Florida
  123  Statutes or rules of the Department of Revenue. The rights so
  124  guaranteed to state taxpayers in the Florida Statutes and the
  125  departmental rules include:
  126         (1) THE RIGHT TO KNOW.—
  127         (f) The right of an exemption recipient to be sent a
  128  renewal application for that exemption, the right to a receipt
  129  for homestead exemption claim when filed, and the right to
  130  notice of denial of the exemption (see ss. 196.011(7)
  131  196.011(6), 196.131(1), 196.151, and 196.193(1)(c) and (5)).
  132  
  133  Notwithstanding the right to information contained in this
  134  subsection, under s. 197.122 property owners are held to know
  135  that property taxes are due and payable annually and are charged
  136  with a duty to ascertain the amount of current and delinquent
  137  taxes and obtain the necessary information from the applicable
  138  governmental officials.
  139         (2) THE RIGHT TO DUE PROCESS.—
  140         (b) The right to petition the value adjustment board over
  141  objections to assessments, denial of exemption, denial of
  142  agricultural classification, denial of historic classification,
  143  denial of high-water recharge classification, disapproval of tax
  144  deferral, and any penalties on deferred taxes imposed for
  145  incorrect information willfully filed. Payment of estimated
  146  taxes does not preclude the right of the taxpayer to challenge
  147  his or her assessment (see ss. 194.011(3), 196.011(7) and
  148  (10)(a), 196.151, 196.193(1)(c) and (5), 193.461(2), 193.503(7),
  149  193.625(2), 197.2425, 197.301(2), and 197.2301(11) ss.
  150  194.011(3), 196.011(6) and (9)(a), 196.151, 196.193(1)(c) and
  151  (5), 193.461(2), 193.503(7), 193.625(2), 197.2425, 197.301(2),
  152  and 197.2301(11)).
  153         (c) The right to file a petition for exemption or
  154  agricultural classification with the value adjustment board when
  155  an application deadline is missed, upon demonstration of
  156  particular extenuating circumstances for filing late (see ss.
  157  193.461(3)(a) and 196.011(1), (8), (9), and (10)(e) ss.
  158  193.461(3)(a) and 196.011(1), (7), (8), and (9)(e)).
  159         Section 2. Paragraphs (b), (c), and (d) of subsection (1)
  160  of section 192.048, Florida Statutes, are amended to read:
  161         192.048 Electronic transmission.—
  162         (1) Subject to subsection (2), the following documents may
  163  be transmitted electronically rather than by regular mail:
  164         (b) The tax exemption renewal application required under s.
  165  196.011(7)(a) s. 196.011(6)(a).
  166         (c) The tax exemption renewal application required under s.
  167  196.011(7)(b) s. 196.011(6)(b).
  168         (d) A notification of an intent to deny a tax exemption
  169  required under s. 196.011(10)(e) s. 196.011(9)(e).
  170         Section 3. Subsections (3) and (4) of section 196.082,
  171  Florida Statutes, are amended to read:
  172         196.082 Discounts for disabled veterans; surviving spouse
  173  carryover.—
  174         (3) If the partially or totally and permanently disabled
  175  veteran predeceases his or her spouse and if, upon the death of
  176  the veteran, the spouse holds the legal or beneficial title to
  177  the homestead and permanently resides thereon as specified in s.
  178  196.031, the discount from ad valorem tax that the veteran
  179  received carries over to the benefit of the veteran’s spouse
  180  until such time as he or she remarries or sells or otherwise
  181  disposes of the property. If the spouse sells or otherwise
  182  disposes of the property, a discount not to exceed the dollar
  183  amount granted from the most recent ad valorem tax roll may be
  184  transferred to his or her new residence, as long as it is used
  185  as his or her primary residence and he or she does not remarry.
  186  An applicant who is qualified to receive a discount under this
  187  section and who fails to file an application by March 1 may file
  188  an application for the discount and may file a petition pursuant
  189  to s. 194.011(3) with the value adjustment board requesting that
  190  the discount be granted. Such application and petition shall be
  191  subject to the same procedures as for exemptions set forth in s.
  192  196.011(9) s. 196.011(8).
  193         (4) To qualify for the discount granted under this section,
  194  an applicant must submit to the county property appraiser by
  195  March 1:
  196         (a) An official letter from the United States Department of
  197  Veterans Affairs which states the percentage of the veteran’s
  198  service-connected disability and evidence that reasonably
  199  identifies the disability as combat-related;
  200         (b) A copy of the veteran’s honorable discharge; and
  201         (c) Proof of age as of January 1 of the year to which the
  202  discount will apply.
  203  
  204  Any applicant who is qualified to receive a discount under this
  205  section and who fails to file an application by March 1 may file
  206  an application for the discount and may file, pursuant to s.
  207  194.011(3), a petition with the value adjustment board
  208  requesting that the discount be granted. Such application and
  209  petition shall be subject to the same procedures as for
  210  exemptions set forth in s. 196.011(9) s. 196.011(8).
  211         Section 4. Present subsections (5) through (12) of section
  212  196.011, Florida Statutes, are redesignated as subsections (6)
  213  through (13), respectively, a new subsection (5) is added to
  214  that section, and subsection (1) and present subsections (10)
  215  and (11) of that section are amended, to read:
  216         196.011 Annual application required for exemption.—
  217         (1)(a) Except as provided in s. 196.081(1)(b), every person
  218  or organization who, on January 1, has the legal title to real
  219  or personal property, except inventory, which is entitled by law
  220  to exemption from taxation as a result of its ownership and use
  221  shall, on or before March 1 of each year, file an application
  222  for exemption with the county property appraiser, listing and
  223  describing the property for which exemption is claimed and
  224  certifying its ownership and use. The Department of Revenue
  225  shall prescribe the forms upon which the application is made.
  226  Failure to make application, when required, on or before March 1
  227  of any year shall constitute a waiver of the exemption privilege
  228  for that year, except as provided in subsection (7) or
  229  subsection (9) (8).
  230         (b) The form to apply for an exemption under s. 196.031, s.
  231  196.081, s. 196.091, s. 196.101, s. 196.102, s. 196.173, or s.
  232  196.202 must include a space for the applicant to list the
  233  social security number of the applicant and of the applicant’s
  234  spouse, if any. If an applicant files a timely and otherwise
  235  complete application, and omits the required social security
  236  numbers, the application is incomplete. In that event, the
  237  property appraiser shall contact the applicant, who may refile a
  238  complete application by April 1. Failure to file a complete
  239  application by that date constitutes a waiver of the exemption
  240  privilege for that year, except as provided in subsection (7) or
  241  subsection (9) (8).
  242         (5)It is not necessary to make annual application for
  243  exemption on property used to house a charter school pursuant to
  244  s. 196.1983. The owner or lessee of any property used to house a
  245  charter school pursuant to s. 196.1983 who is not required to
  246  file an annual application shall notify the property appraiser
  247  promptly whenever the use of the property or the status or
  248  condition of the owner or lessee changes so as to change the
  249  exempt status of the property. If any owner or lessee fails to
  250  so notify the property appraiser and the property appraiser
  251  determines that for any year within the prior 10 years the owner
  252  or lessee was not entitled to receive such exemption, the owner
  253  or lessee of the property is subject to the taxes exempted as a
  254  result of such failure plus 15 percent interest per annum and a
  255  penalty of 50 percent of the taxes exempted. The property
  256  appraiser making such determination shall record in the public
  257  records of the county a notice of tax lien against any property
  258  owned by that person or entity in the county, and such property
  259  must be identified in the notice of tax lien. Such property is
  260  subject to the payment of all taxes and penalties. Such lien
  261  when filed shall attach to any property, identified in the
  262  notice of tax lien, owned by the person or entity who illegally
  263  or improperly received the exemption. If such person or entity
  264  no longer owns property in that county but owns property in some
  265  other county or counties in the state, the property appraiser
  266  shall record a notice of tax lien in such other county or
  267  counties, identifying the property owned by such person or
  268  entity in such county or counties, and it shall become a lien
  269  against such property in such county or counties.
  270         (11)(10) At the option of the property appraiser and
  271  notwithstanding any other provision of this section, initial or
  272  original applications for homestead exemption for the succeeding
  273  year may be accepted and granted after March 1. Reapplication on
  274  a short form as authorized by subsection (6) (5) shall be
  275  required if the county has not waived the requirement of an
  276  annual application. Once the initial or original application and
  277  reapplication have been granted, the property may qualify for
  278  the exemption in each succeeding year pursuant to the provisions
  279  of subsection (7) (6) or subsection (10) (9).
  280         (12)(11) For exemptions enumerated in paragraph (1)(b),
  281  social security numbers of the applicant and the applicant’s
  282  spouse, if any, are required and must be submitted to the
  283  department. Applications filed pursuant to subsection (6) (5) or
  284  subsection (7) (6) shall include social security numbers of the
  285  applicant and the applicant’s spouse, if any. For counties where
  286  the annual application requirement has been waived, property
  287  appraisers may require refiling of an application to obtain such
  288  information.
  289         Section 5. Paragraph (d) of subsection (10) and paragraph
  290  (a) of subsection (24) of section 1002.33, Florida Statutes, are
  291  amended to read:
  292         1002.33 Charter schools.—
  293         (10) ELIGIBLE STUDENTS.—
  294         (d) A charter school may give enrollment preference to the
  295  following student populations:
  296         1. Students who are siblings of a student enrolled in the
  297  charter school.
  298         2. Students who are the children of a member of the
  299  governing board of the charter school.
  300         3. Students who are the children of an employee of the
  301  charter school.
  302         4. Students who are the children of:
  303         a. An employee of the business partner of a charter school
  304  in-the-workplace established under paragraph (15)(b) or a
  305  resident of the municipality in which such charter school is
  306  located; or
  307         b. A resident or employee of a municipality that operates a
  308  charter school-in-a-municipality pursuant to paragraph (15)(c)
  309  or allows a charter school to use a school facility or portion
  310  of land provided by the municipality for the operation of the
  311  charter school.
  312         5. Students who have successfully completed, during the
  313  previous year, a voluntary prekindergarten education program
  314  under ss. 1002.51-1002.79 provided by the charter school, the
  315  charter school’s governing board, or a voluntary prekindergarten
  316  provider that has a written agreement with the governing board.
  317         6. Students who are the children of an active duty member
  318  of any branch of the United States Armed Forces.
  319         7. Students who attended or are assigned to failing schools
  320  pursuant to s. 1002.38(2).
  321         8. Students who are the children of a safe-school officer,
  322  as defined in s. 1006.12, at the school.
  323         9. Students who transfer from a classical school in this
  324  state to a charter classical school in this state. For purposes
  325  of this subparagraph, the term “classical school” means a
  326  traditional public school or charter school that implements a
  327  classical education model that emphasizes the development of
  328  students in the principles of moral character and civic virtue
  329  through a well-rounded education in the liberal arts and
  330  sciences which is based on the classical trivium stages of
  331  grammar, logic, and rhetoric.
  332         (24) RESTRICTION ON EMPLOYMENT OF RELATIVES.—
  333         (a) This subsection applies to charter school personnel in
  334  a charter school operated by a private entity. As used in this
  335  subsection, the term:
  336         1. “Charter school personnel” means a charter school owner,
  337  president, chairperson of the governing board of directors,
  338  superintendent, governing board member, principal, assistant
  339  principal, or any other person employed by the charter school
  340  who has equivalent decisionmaking authority and in whom is
  341  vested the authority, or to whom the authority has been
  342  delegated, to appoint, employ, promote, or advance individuals
  343  or to recommend individuals for appointment, employment,
  344  promotion, or advancement in connection with employment in a
  345  charter school, including the authority as a member of a
  346  governing body of a charter school to vote on the appointment,
  347  employment, promotion, or advancement of individuals.
  348         2. “Relative” means father, mother, son, daughter, brother,
  349  sister, uncle, aunt, first cousin, nephew, niece, husband, wife,
  350  father-in-law, mother-in-law, son-in-law, daughter-in-law,
  351  brother-in-law, sister-in-law, stepfather, stepmother, stepson,
  352  stepdaughter, stepbrother, stepsister, half brother, or half
  353  sister.
  354  
  355  Charter school personnel in schools operated by a municipality
  356  or other public entity are subject to s. 112.3135.
  357         Section 6. Subsection (19) is added to s. 1002.42, Florida
  358  Statutes, to read:
  359         1002.42 Private schools.—
  360         (19) FACILITIES.—
  361         (a) A private school may use facilities on property owned
  362  or leased by a library, community service organization, museum,
  363  performing arts venue, theatre, cinema, or church facility under
  364  s. 170.201, which is or was actively used as such within 5 years
  365  of any executed agreement with a private school to use the
  366  facilities; any facility or land owned by a Florida College
  367  System institution or university; any similar public
  368  institutional facilities; and any facility recently used to
  369  house a school or child care facility licensed under s. 402.305,
  370  under any such facility’s preexisting zoning and land use
  371  designations without rezoning or obtaining a special exception
  372  or a land use change, and without complying with any mitigation
  373  requirements or conditions. The facility must meet applicable
  374  state and local health, safety, and welfare laws, codes, and
  375  rules, including firesafety and building safety.
  376         (b) A private school may use facilities on property
  377  purchased from a library, community service organization,
  378  museum, performing arts venue, theatre, cinema, or church
  379  facility under s. 170.201, which is actively or was actively
  380  used as such within 5 years of any executed agreement with a
  381  private school to purchase the facilities; any facility or land
  382  owned by a Florida College System institution or university; any
  383  similar public institutional facilities; and any facility
  384  recently used to house a school or child care facility licensed
  385  under s. 402.305, under any such facility’s preexisting zoning
  386  and land use designations without obtaining a special exception,
  387  rezoning, or a land use change, and without complying with any
  388  mitigation requirements or conditions. The facility must meet
  389  applicable state and local health, safety, and welfare laws,
  390  codes, and rules, including firesafety and building safety.
  391         Section 7. Paragraph (b) of subsection (5) of section
  392  1002.45, Florida Statutes, is amended to read:
  393         1002.45 Virtual instruction programs.—
  394         (5) STUDENT PARTICIPATION REQUIREMENTS.—Each student
  395  enrolled in the school district’s virtual instruction program
  396  authorized pursuant to paragraph (1)(c) must:
  397         (b) Take statewide assessments pursuant to s. 1008.22 and
  398  participate in the coordinated screening and progress monitoring
  399  system under s. 1008.25(9). Statewide assessments and progress
  400  monitoring may be administered within the school district in
  401  which such student resides, or as specified in the contract
  402  under in accordance with s. 1008.24(3). If requested by the
  403  approved virtual instruction program provider or virtual charter
  404  school, the district of residence must provide the student with
  405  access to the district’s testing facilities. It is the
  406  responsibility of the approved virtual instruction program
  407  provider or virtual charter school to provide a list of students
  408  to be administered statewide assessments and progress monitoring
  409  to the school district, including the students’ names, Florida
  410  Education Identifiers, grade levels, assessments and progress
  411  monitoring to be administered, and contact information. Unless
  412  an alternative testing site is mutually agreed to by the
  413  approved virtual instruction program provider or virtual charter
  414  school and the school district, or as specified in the contract
  415  under s. 1008.24, all assessments and progress monitoring must
  416  be taken at the school to which the student would be assigned
  417  according to district school board attendance policies. A school
  418  district must provide the student with access to the school’s or
  419  district’s testing facilities and provide the student with the
  420  date and time of the administration of each assessment and
  421  progress monitoring.
  422         Section 8. Section 1003.052, Florida Statutes, is created
  423  to read:
  424         1003.052The Purple Star School District Program.—
  425         (1)(a)The Department of Education shall establish the
  426  Purple Star School District Program. At a minimum, the program
  427  must require a participating school district to:
  428         1.Have at least 75 percent of the schools within the
  429  district be designated as Purple Star Campuses under s.
  430  1003.051.
  431         2.Maintain a web page on the district’s website which
  432  includes resources for military students and their families and
  433  a link to each Purple Star Campus’s web page that meets the
  434  requirements of s. 1003.051(2)(a)2.
  435         (b)The department may establish additional program
  436  criteria to identify school districts that demonstrate a
  437  commitment to or provide critical coordination of services for
  438  military students and their families, including, but not limited
  439  to, establishing a council consisting of a representative from
  440  each Purple Star Campus in the district and one district-level
  441  representative to ensure the alignment of military student
  442  focused policies and procedures within the district.
  443         (2)The State Board of Education may adopt rules to
  444  administer this section.
  445         Section 9. Present subsection (4) of section 1003.451,
  446  Florida Statutes, is redesignated as subsection (5), and a new
  447  subsection (4) is added to that section, to read:
  448         1003.451 Junior Reserve Officers’ Training Corps; military
  449  recruiters; access to public school campuses; Armed Services
  450  Vocational Aptitude Battery (ASVAB).—
  451         (4)Each school district and charter school shall provide
  452  students in grades 11 and 12 an opportunity to take the Armed
  453  Services Vocational Aptitude Battery (ASVAB) and consult with a
  454  military recruiter if the student selects. To optimize student
  455  participation, the ASVAB must be scheduled during normal school
  456  hours.
  457         Section 10. Paragraphs (a) and (c) of subsection (1),
  458  paragraph (a) of subsection (2), and subsections (3) through (7)
  459  of section 1003.53, Florida Statutes, are amended, and paragraph
  460  (c) is added to subsection (2) of that section, to read:
  461         1003.53 Dropout prevention and academic intervention.—
  462         (1)(a) Dropout prevention and academic intervention
  463  programs may differ from traditional educational programs and
  464  schools in scheduling, administrative structure, philosophy,
  465  curriculum, or setting and shall employ alternative teaching
  466  methodologies, curricula, learning activities, and diagnostic
  467  and assessment procedures in order to meet the needs, interests,
  468  abilities, and talents of eligible students. The educational
  469  program shall provide curricula, character development and law
  470  education, and related services that support the program goals
  471  and lead to improved performance in the areas of academic
  472  achievement, attendance, and discipline. Student participation
  473  in such programs shall be voluntary. District school boards may,
  474  however, assign students to a disciplinary program for
  475  disruptive students or an alternative school setting or other
  476  program pursuant to s. 1006.13. Notwithstanding any other
  477  provision of law to the contrary, no student shall be identified
  478  as being eligible to receive services funded through the dropout
  479  prevention and academic intervention program based solely on the
  480  student being from a single-parent family or having a
  481  disability.
  482         (c) A student shall be identified as being eligible to
  483  receive services funded through the dropout prevention and
  484  academic intervention program based upon one of the following
  485  criteria:
  486         1. The student is academically unsuccessful as evidenced by
  487  low test scores, retention, failing grades, low grade point
  488  average, falling behind in earning credits, or not meeting the
  489  state or district achievement levels in reading, mathematics, or
  490  writing.
  491         2. The student has a pattern of excessive absenteeism or
  492  has been identified as a habitual truant.
  493         3. The student has a history of disruptive behavior in
  494  school or has committed an offense that warrants out-of-school
  495  suspension or expulsion from school according to the district
  496  school board’s code of student conduct. For the purposes of this
  497  program, “disruptive behavior” is behavior that:
  498         a. Interferes with the student’s own learning or the
  499  educational process of others and requires attention and
  500  assistance beyond that which the traditional program can provide
  501  or results in frequent conflicts of a disruptive nature while
  502  the student is under the jurisdiction of the school either in or
  503  out of the classroom; or
  504         b. Severely threatens the general welfare of students or
  505  others with whom the student comes into contact.
  506         4. The student is identified by a school’s early warning
  507  system pursuant to s. 1001.42(18)(b).
  508         (2)(a) Each district school board may establish dropout
  509  prevention and academic intervention programs at the elementary,
  510  middle, junior high school, or high school level. Programs
  511  designed to eliminate patterns of excessive absenteeism or
  512  habitual truancy shall emphasize academic performance and may
  513  provide specific instruction in the areas of career education,
  514  preemployment training, and behavioral management. Such programs
  515  shall utilize instructional teaching methods and student
  516  services that lead to improved student behavior as appropriate
  517  to the specific needs of the student.
  518         (c)For each student enrolled in a dropout prevention and
  519  academic intervention program, an academic intervention plan
  520  shall be developed to address eligibility for placement in the
  521  program and to provide individualized student goals and progress
  522  monitoring procedures. A student’s academic intervention plan
  523  must be consistent with the student’s individual education plan
  524  (IEP).
  525         (3) Each district school board providing receiving state
  526  funding for dropout prevention and academic intervention
  527  programs through the General Appropriations Act shall submit
  528  information through an annual report to the Department of
  529  Education’s database documenting the extent to which each of the
  530  district’s dropout prevention and academic intervention programs
  531  has been successful in the areas of graduation rate, dropout
  532  rate, attendance rate, and retention/promotion rate. The
  533  department shall compile this information into an annual report
  534  which shall be submitted to the presiding officers of the
  535  Legislature by February 15.
  536         (4) Each district school board shall establish course
  537  standards, as defined by rule of the State Board of Education,
  538  for dropout prevention and academic intervention programs and
  539  procedures for ensuring that teachers assigned to the programs
  540  are certified pursuant to s. 1012.55 and possess the affective,
  541  pedagogical, and content-related skills necessary to meet the
  542  needs of these students.
  543         (5) Each district school board providing a dropout
  544  prevention and academic intervention program pursuant to this
  545  section shall maintain for each participating student records
  546  documenting the student’s eligibility, the length of
  547  participation, the type of program to which the student was
  548  assigned or the type of academic intervention services provided,
  549  and an evaluation of the student’s academic and behavioral
  550  performance while in the program. The school principal or his or
  551  her designee shall, prior to placement in a dropout prevention
  552  and academic intervention program or the provision of an
  553  academic service, provide written notice of placement or
  554  services by certified mail, return receipt requested, to the
  555  student’s parent. The parent of the student shall sign an
  556  acknowledgment of the notice of placement or service and return
  557  the signed acknowledgment to the principal within 3 days after
  558  receipt of the notice. District school boards may adopt a policy
  559  that allows a parent to agree to an alternative method of
  560  notification. Such agreement may be made before the need for
  561  notification arises or at the time the notification becomes
  562  required. The parents of a student assigned to such a dropout
  563  prevention and academic intervention program shall be notified
  564  in writing and entitled to an administrative review of any
  565  action by school personnel relating to such placement pursuant
  566  to the provisions of chapter 120.
  567         (6) District school board dropout prevention and academic
  568  intervention programs shall be coordinated with social service,
  569  law enforcement, prosecutorial, and juvenile justice agencies
  570  and juvenile assessment centers in the school district.
  571  Notwithstanding the provisions of s. 1002.22, these agencies are
  572  authorized to exchange information contained in student records
  573  and juvenile justice records. Such information is confidential
  574  and exempt from the provisions of s. 119.07(1). District school
  575  boards and other agencies receiving such information shall use
  576  the information only for official purposes connected with the
  577  certification of students for admission to and for the
  578  administration of the dropout prevention and academic
  579  intervention program, and shall maintain the confidentiality of
  580  such information unless otherwise provided by law or rule.
  581         (7) The State Board of Education shall have the authority
  582  pursuant to ss. 120.536(1) and 120.54 to adopt rules necessary
  583  to implement the provisions of this section; such rules shall
  584  require the minimum amount of necessary paperwork and reporting.
  585         Section 11. Section 1004.051, Florida Statutes, is created
  586  to read:
  587         1004.051Regulation of working students.—
  588         (1)A public postsecondary institution may not, as a
  589  condition of admission to or enrollment in any of the
  590  institution’s schools, colleges, or programs, implicitly or
  591  explicitly prohibit an applicant or currently enrolled student
  592  from being employed, either full time or part time.
  593         (2)This section does not apply if the applicant or
  594  currently enrolled student is employed by an organization or
  595  agency that is affiliated or associated with a foreign country
  596  of concern as defined in s. 288.860(1).
  597         Section 12. Present subsections (3) through (16) of section
  598  1006.38, Florida Statutes, are redesignated as subsections (4)
  599  through (17), respectively, a new subsection (3) is added to
  600  that section, and present subsections (14) and (16) of that
  601  section are amended, to read:
  602         1006.38 Duties, responsibilities, and requirements of
  603  instructional materials publishers and manufacturers.—This
  604  section applies to both the state and district approval
  605  processes. Publishers and manufacturers of instructional
  606  materials, or their representatives, shall:
  607         (3)For each adoption cycle, make sample copies of all
  608  instructional materials on the commissioner’s list of state
  609  adopted instructional materials available electronically for use
  610  by educator preparation institutes as defined in s. 1004.85(1)
  611  to enable educators to practice teaching with currently adopted
  612  instructional materials aligned to state academic standards.
  613         (15)(14) Accurately and fully disclose only the names of
  614  those persons who actually authored the instructional materials.
  615  In addition to the penalties provided in subsection (17) (16),
  616  the commissioner may remove from the list of state-adopted
  617  instructional materials those instructional materials whose
  618  publisher or manufacturer misleads the purchaser by falsely
  619  representing genuine authorship.
  620         (17)(16) Upon the willful failure of the publisher or
  621  manufacturer to comply with the requirements of this section, be
  622  liable to the department in the amount of three times the total
  623  sum which the publisher or manufacturer was paid in excess of
  624  the price required under subsections (5) and (6) and (7) and in
  625  the amount of three times the total value of the instructional
  626  materials and services which the district school board is
  627  entitled to receive free of charge under subsection (8) (7).
  628         Section 13. Subsections (9) and (12) of section 1007.25,
  629  Florida Statutes, are amended to read:
  630         1007.25 General education courses; common prerequisites;
  631  other degree requirements.—
  632         (9)(a) An associate in arts degree must shall require no
  633  more than 60 semester hours of college credit and include 36
  634  semester hours of general education coursework. Beginning with
  635  students initially entering a Florida College System institution
  636  or state university in the 2014-2015 academic year and
  637  thereafter, coursework for an associate in arts degree must
  638  shall include demonstration of competency in a foreign language
  639  pursuant to s. 1007.262. Except for developmental education
  640  required pursuant to s. 1008.30, all required coursework must
  641  shall count toward the associate in arts degree or the
  642  baccalaureate degree.
  643         (b)An associate in arts specialized transfer degree must
  644  include 36 semester hours of general education coursework and
  645  require 60 semester hours or more of college credit. Specialized
  646  transfer degrees are designed for Florida College System
  647  institution students who need supplemental lower-level
  648  coursework in preparation for transfer to another institution.
  649  The State Board of Education shall establish criteria for the
  650  review and approval of new specialized transfer degrees. The
  651  approval process must require:
  652         1.A Florida College System institution to submit a notice
  653  of its intent to propose a new associate in arts specialized
  654  degree program to the Division of Florida Colleges. The notice
  655  must include the recommended credit hours, the rationale for the
  656  specialization, the demand for students entering the field, and
  657  the coursework being proposed to be included beyond the 60
  658  semester hours required for the general transfer degree, if
  659  applicable. Notices of intent may be submitted by a Florida
  660  College System institution at any time.
  661         2.The Division of Florida Colleges to forward the notice
  662  of intent within 10 business days after receipt to all Florida
  663  College System institutions and to the Chancellor of the State
  664  University System, who shall forward the notice to all state
  665  universities. State universities and Florida College System
  666  institutions shall have 60 days after receipt of the notice to
  667  submit comments to the proposed associate in arts specialized
  668  transfer degree.
  669         3.After the submission of comments pursuant to
  670  subparagraph 2., the requesting Florida College System
  671  institution to submit a proposal that, at a minimum, includes:
  672         a.Evidence that the coursework for the associate in arts
  673  specialized transfer degree includes demonstration of competency
  674  in a foreign language pursuant to s. 1007.262 and demonstration
  675  of civic literacy competency as provided in subsection (5).
  676         b.Demonstration that all required coursework will count
  677  toward the associate in arts degree or the baccalaureate degree.
  678         c.An analysis of demand and unmet need for students
  679  entering the specialized field of study at the baccalaureate
  680  level.
  681         d.Justification for the program length if it exceeds 60
  682  credit hours, including references to the common prerequisite
  683  manual or other requirements for the baccalaureate degree. This
  684  includes documentation of alignment between the exit
  685  requirements of a Florida College System institution and the
  686  admissions requirements of a baccalaureate program at a state
  687  university to which students would typically transfer.
  688         e.Articulation agreements for graduates of the associate
  689  in arts specialized transfer degree.
  690         f.Responses to the comments received under subparagraph 2.
  691         (c)The Division of Florida Colleges shall review the
  692  proposal and, within 30 days after receipt, shall provide
  693  written notification to the Florida College System institution
  694  of any deficiencies and provide the institution with an
  695  opportunity to correct the deficiencies. Within 45 days after
  696  receipt of a completed proposal by the Division of Florida
  697  Colleges, the Commissioner of Education shall recommend approval
  698  or disapproval of the new specialized transfer degree to the
  699  State Board of Education. The State Board of Education shall
  700  consider the recommendation at its next meeting.
  701         (d)Upon approval of an associate in arts specialized
  702  transfer degree by the State Board of Education, a Florida
  703  College System institution may offer the degree and shall report
  704  data on student and program performance in a manner prescribed
  705  by the Department of Education.
  706         (e)The State Board of Education shall adopt rules pursuant
  707  to ss. 120.536(1) and 120.54 to prescribe format and content
  708  requirements and submission procedures for notices of intent,
  709  proposals, and compliance reviews under this subsection.
  710         (12) A student who received an associate in arts degree for
  711  successfully completing 60 semester credit hours may continue to
  712  earn additional credits at a Florida College System institution.
  713  The university must provide credit toward the student’s
  714  baccalaureate degree for an additional Florida College System
  715  institution course if, according to the statewide course
  716  numbering, the Florida College System institution course is a
  717  course listed in the university catalog as required for the
  718  degree or as prerequisite to a course required for the degree.
  719  Of the courses required for the degree, at least half of the
  720  credit hours required for the degree must shall be achievable
  721  through courses designated as lower division, except in degree
  722  programs approved by the State Board of Education for programs
  723  offered by Florida College System institutions and by the Board
  724  of Governors for programs offered by state universities.
  725         Section 14. Subsection (4) of section 1007.271, Florida
  726  Statutes, is amended to read:
  727         1007.271 Dual enrollment programs.—
  728         (4)(a) District school boards may not refuse to enter into
  729  a dual enrollment articulation agreement with a local Florida
  730  College System institution if that Florida College System
  731  institution has the capacity to offer dual enrollment courses.
  732         (b)District school boards must make reasonable efforts to
  733  enter into dual enrollment articulation agreements with a
  734  Florida College System institution that offers online dual
  735  enrollment courses.
  736         Section 15. Subsections (4) and (5) of section 1008.33,
  737  Florida Statutes, are amended to read:
  738         1008.33 Authority to enforce public school improvement.—
  739         (4)(a) The state board shall apply intensive intervention
  740  and support strategies tailored to the needs of schools earning
  741  two consecutive grades of “D” or a grade of “F.” In the first
  742  full school year after a school initially earns a grade of “D,”
  743  the school district must immediately implement intervention and
  744  support strategies prescribed in rule under paragraph (3)(c).
  745  For a school that initially earns a grade of “F” or a second
  746  consecutive grade of “D,” the school district must either
  747  continue implementing or immediately begin implementing
  748  intervention and support strategies prescribed in rule under
  749  paragraph (3)(c) and for the 2024-2025 school year provide the
  750  department, by September 1, with the memorandum of understanding
  751  negotiated pursuant to s. 1001.42(21) and, by October 1, a
  752  district-managed turnaround plan for approval by the state
  753  board. For the 2025-2026 school year and thereafter, the school
  754  district must provide the department, by August 1, with the
  755  memorandum of understanding negotiated pursuant to s.
  756  1001.42(21) and a district-managed turnaround plan for approval
  757  by the state board. The plan must include measurable academic
  758  benchmarks that put the school on a path to earning and
  759  maintaining a grade of “C” or higher The district-managed
  760  turnaround plan may include a proposal for the district to
  761  implement an extended school day, a summer program, a
  762  combination of an extended school day and a summer program, or
  763  any other option authorized under paragraph (b) for state board
  764  approval. A school district is not required to wait until a
  765  school earns a second consecutive grade of “D” to submit a
  766  turnaround plan for approval by the state board under this
  767  paragraph. Upon approval by the state board, the school district
  768  must implement the plan for the remainder of the school year and
  769  continue the plan for 1 full school year. The state board may
  770  allow a school an additional year of implementation before the
  771  school must implement a turnaround option required under
  772  paragraph (b) if it determines that the school is likely to
  773  improve to a grade of “C” or higher after the first full school
  774  year of implementation.
  775         (b) Unless an additional year of implementation is provided
  776  pursuant to paragraph (a), a school that completes a plan cycle
  777  under paragraph (a) and does not improve to a grade of “C” or
  778  higher must implement one of the following:
  779         1. Reassign students to another school and monitor the
  780  progress of each reassigned student;
  781         2. Close the school and reopen the school as one or more
  782  charter schools, each with a governing board that has a
  783  demonstrated record of effectiveness. Upon reopening as a
  784  charter school:
  785         a.The school district shall continue to operate the school
  786  for the following school year and, no later than October 1,
  787  execute a charter school turnaround contract that will allow the
  788  charter school an opportunity to conduct an evaluation of the
  789  educational program and personnel currently assigned to the
  790  school during the year in preparation for assuming full
  791  operational control of the school and facility by July 1. The
  792  school district may not reduce or remove resources from the
  793  school during this time.
  794         b.The charter school operator must provide enrollment
  795  preference to students currently attending or who would have
  796  otherwise attended or been zoned for the school. The school
  797  district shall consult and negotiate with the charter school
  798  every 3 years to determine whether realignment of the attendance
  799  zone is appropriate to ensure that students residing closest to
  800  the school are provided with an enrollment preference.
  801         c.The charter school operator must serve the existing
  802  grade levels served by the school at its current enrollment or
  803  higher, but may, at its discretion, serve additional grade
  804  levels.
  805         d.The school district may not charge rental or leasing
  806  fees for the existing facility or for the property normally
  807  inventoried to the school. The school and the school district
  808  shall agree to reasonable maintenance provisions in order to
  809  maintain the facility in a manner similar to all other school
  810  facilities in the school district.
  811         e.The school district may not withhold an administrative
  812  fee for the provision of services identified in s.
  813  1002.33(20)(a); or
  814         3. Contract with an outside entity that has a demonstrated
  815  record of effectiveness to provide turnaround services
  816  identified in state board rule, which may include school
  817  leadership, educational modalities, teacher and leadership
  818  professional development, curriculum, operation and management
  819  services, school-based administrative staffing, budgeting,
  820  scheduling, other educational service provider functions, or any
  821  combination thereof. Selection of an outside entity may include
  822  one or a combination of the following:
  823         a. An external operator, which may be a district-managed
  824  charter school or a high-performing charter school network in
  825  which all instructional personnel are not employees of the
  826  school district, but are employees of an independent governing
  827  board composed of members who did not participate in the review
  828  or approval of the charter.
  829         b. A contractual agreement that allows for a charter school
  830  network or any of its affiliated subsidiaries to provide
  831  individualized consultancy services tailored to address the
  832  identified needs of one or more schools under this section.
  833  
  834  A school district and outside entity under this subparagraph
  835  must enter, at minimum, a 2-year, performance-based contract.
  836  The contract must include school performance and growth metrics
  837  the outside entity must meet on an annual basis. The state board
  838  may require the school district to modify or cancel the
  839  contract.
  840         (c) Implementation of the turnaround option is no longer
  841  required if the school improves to a grade of “C” or higher,
  842  unless the school district has already executed a charter school
  843  turnaround contract pursuant to this section.
  844         (d) If a school earning two consecutive grades of “D” or a
  845  grade of “F” does not improve to a grade of “C” or higher after
  846  2 school years of implementing the turnaround option selected by
  847  the school district under paragraph (b), the school district
  848  must implement another turnaround option. Implementation of the
  849  turnaround option must begin the school year following the
  850  implementation period of the existing turnaround option, unless
  851  the state board determines that the school is likely to improve
  852  to a grade of “C” or higher if additional time is provided to
  853  implement the existing turnaround option.
  854         (5) The state board shall adopt rules pursuant to ss.
  855  120.536(1) and 120.54 to administer this section. The rules
  856  shall include timelines for submission of implementation plans,
  857  approval criteria for implementation plans, and timelines for
  858  implementing intervention and support strategies, a standard
  859  charter school turnaround contract, a standard facility lease,
  860  and a mutual management agreement. The state board shall consult
  861  with education stakeholders in developing the rules.
  862         Section 16. Paragraph (c) of subsection (3) of section
  863  1008.34, Florida Statutes, are amended to read:
  864         1008.34 School grading system; school report cards;
  865  district grade.—
  866         (3) DESIGNATION OF SCHOOL GRADES.—
  867         (c)1. The calculation of a school grade shall be based on
  868  the percentage of points earned from the components listed in
  869  subparagraph (b)1. and, if applicable, subparagraph (b)2. The
  870  State Board of Education shall adopt in rule a school grading
  871  scale that sets the percentage of points needed to earn each of
  872  the school grades listed in subsection (2). There shall be at
  873  least five percentage points separating the percentage
  874  thresholds needed to earn each of the school grades. The state
  875  board shall annually review the percentage of school grades of
  876  “A” and “B” for the school year to determine whether to adjust
  877  the school grading scale upward for the following school year’s
  878  school grades. The first adjustment would occur no earlier than
  879  the 2023-2024 school year. An adjustment must be made if the
  880  percentage of schools earning a grade of “A” or “B” in the
  881  current year represents 75 percent or more of all graded schools
  882  within a particular school type, which consists of elementary,
  883  middle, high, and combination. The adjustment must reset the
  884  minimum required percentage of points for each grade of “A,”
  885  “B,” “C,” or “D” at the next highest percentage ending in the
  886  numeral 5 or 0, whichever is closest to the current percentage.
  887  Annual reviews of the percentage of schools earning a grade of
  888  “A” or “B” and adjustments to the required points must be
  889  suspended when the following grading scale for a specific school
  890  type is achieved:
  891         a. Ninety percent or more of the points for a grade of “A.”
  892         b. Eighty to eighty-nine percent of the points for a grade
  893  of “B.”
  894         c. Seventy to seventy-nine percent of the points for a
  895  grade of “C.”
  896         d. Sixty to sixty-nine percent of the points for a grade of
  897  “D.”
  898  
  899  When the state board adjusts the grading scale upward, the state
  900  board must inform the public of the degree of the adjustment and
  901  its anticipated impact on school grades. Beginning in the 2024
  902  2025 school year, any changes made by the state board to
  903  components in the school grades model or to the school grading
  904  scale shall go into effect, at the earliest, in the following
  905  school year.
  906         2. The calculation of school grades may not include any
  907  provision that would raise or lower the school’s grade beyond
  908  the percentage of points earned. Extra weight may not be added
  909  in the calculation of any components.
  910         Section 17. Paragraph (c) of subsection (3) of section
  911  1009.21, Florida Statutes, is amended to read:
  912         1009.21 Determination of resident status for tuition
  913  purposes.—Students shall be classified as residents or
  914  nonresidents for the purpose of assessing tuition in
  915  postsecondary educational programs offered by charter technical
  916  career centers or career centers operated by school districts,
  917  in Florida College System institutions, and in state
  918  universities.
  919         (3)
  920         (c) Each institution of higher education shall
  921  affirmatively determine that an applicant who has been granted
  922  admission to that institution as a Florida resident meets the
  923  residency requirements of this section at the time of initial
  924  enrollment. The residency determination must be documented by
  925  the submission of written or electronic verification that
  926  includes two or more of the documents identified in this
  927  paragraph, unless the document provided is the document
  928  described in sub-subparagraph 1.f., which is deemed a single,
  929  conclusive piece of evidence proving residency. No single piece
  930  of evidence shall be conclusive.
  931         1. The documents must include at least one of the
  932  following:
  933         a. A Florida voter’s registration card.
  934         b. A Florida driver license.
  935         c. A State of Florida identification card.
  936         d. A Florida vehicle registration.
  937         e. Proof of a permanent home in Florida which is occupied
  938  as a primary residence by the individual or by the individual’s
  939  parent if the individual is a dependent child.
  940         f. Proof of a homestead exemption in Florida.
  941         g. Transcripts from a Florida high school for multiple
  942  years if the Florida high school diploma or high school
  943  equivalency diploma was earned within the last 12 months.
  944         h. Proof of permanent full-time employment in Florida for
  945  at least 30 hours per week for a 12-month period.
  946         2. The documents may include one or more of the following:
  947         a. A declaration of domicile in Florida.
  948         b. A Florida professional or occupational license.
  949         c. Florida incorporation.
  950         d. A document evidencing family ties in Florida.
  951         e. Proof of membership in a Florida-based charitable or
  952  professional organization.
  953         f. Any other documentation that supports the student’s
  954  request for resident status, including, but not limited to,
  955  utility bills and proof of 12 consecutive months of payments; a
  956  lease agreement and proof of 12 consecutive months of payments;
  957  or an official state, federal, or court document evidencing
  958  legal ties to Florida.
  959         Section 18. Subsection (22) is added to section 1009.23,
  960  Florida Statutes, to read:
  961         1009.23 Florida College System institution student fees.—
  962         (22) Beginning with the 2024-2025 academic year, Miami Dade
  963  College, Polk State College, Tallahassee Community College, and
  964  any other Florida College System institution pursuant to s.
  965  1000.21(5) are authorized to charge an amount not to exceed $290
  966  per credit hour for nonresident tuition and fees for distance
  967  learning. A Florida College System institution may phase in this
  968  nonresident tuition rate by degree program.
  969         Section 19. Paragraphs (a) through (f) of subsection (10)
  970  of section 1009.98, Florida Statutes, are amended to read:
  971         1009.98 Stanley G. Tate Florida Prepaid College Program.—
  972         (10) PAYMENTS ON BEHALF OF QUALIFIED BENEFICIARIES.—
  973         (a) As used in this subsection, the term:
  974         1. “Actuarial reserve” means the amount by which the
  975  expected value of the assets exceeds the expected value of the
  976  liabilities of the trust fund.
  977         2. “Dormitory fees” means the fees included under advance
  978  payment contracts pursuant to paragraph (2)(d).
  979         3. “Fiscal year” means the fiscal year of the state
  980  pursuant to s. 215.01.
  981         4. “Local fees” means the fees covered by an advance
  982  payment contract provided pursuant to subparagraph (2)(b)2.
  983         5. “Tuition differential” means the fee covered by advance
  984  payment contracts sold pursuant to subparagraph (2)(b)3. The
  985  base rate for the tuition differential fee for the 2012-2013
  986  fiscal year is established at $37.03 per credit hour. The base
  987  rate for the tuition differential in subsequent years is the
  988  amount assessed for the tuition differential for the preceding
  989  year adjusted pursuant to subparagraph (b)2.
  990         (b) Effective with the 2022-2023 2009-2010 academic year
  991  and thereafter, and notwithstanding s. 1009.24, the amount paid
  992  by the board to any state university on behalf of a qualified
  993  beneficiary of an advance payment contract whose contract was
  994  purchased before July 1, 2034 2024, shall be:
  995         1. As to registration fees, if the actuarial reserve is
  996  less than 5 percent of the expected liabilities of the trust
  997  fund, the board shall pay the state universities 5.5 percent
  998  above the amount assessed for registration fees in the preceding
  999  fiscal year. If the actuarial reserve is between 5 percent and 6
 1000  percent of the expected liabilities of the trust fund, the board
 1001  shall pay the state universities 6 percent above the amount
 1002  assessed for registration fees in the preceding fiscal year. If
 1003  the actuarial reserve is between 6 percent and 7.5 percent of
 1004  the expected liabilities of the trust fund, the board shall pay
 1005  the state universities 6.5 percent above the amount assessed for
 1006  registration fees in the preceding fiscal year. If the actuarial
 1007  reserve is equal to or greater than 7.5 percent of the expected
 1008  liabilities of the trust fund, the board shall pay the state
 1009  universities 7 percent above the amount assessed for
 1010  registration fees in the preceding fiscal year, whichever is
 1011  greater.
 1012         2. As to the tuition differential, if the actuarial reserve
 1013  is less than 5 percent of the expected liabilities of the trust
 1014  fund, the board shall pay the state universities 5.5 percent
 1015  above the amount assessed base rate for the tuition differential
 1016  fee in the preceding fiscal year. If the actuarial reserve is
 1017  between 5 percent and 6 percent of the expected liabilities of
 1018  the trust fund, the board shall pay the state universities 6
 1019  percent above the amount assessed base rate for the tuition
 1020  differential fee in the preceding fiscal year. If the actuarial
 1021  reserve is between 6 percent and 7.5 percent of the expected
 1022  liabilities of the trust fund, the board shall pay the state
 1023  universities 6.5 percent above the amount assessed base rate for
 1024  the tuition differential fee in the preceding fiscal year. If
 1025  the actuarial reserve is equal to or greater than 7.5 percent of
 1026  the expected liabilities of the trust fund, the board shall pay
 1027  the state universities 7 percent above the amount assessed base
 1028  rate for the tuition differential fee in the preceding fiscal
 1029  year.
 1030         3. As to local fees, the board shall pay the state
 1031  universities 5 percent above the amount assessed for local fees
 1032  in the preceding fiscal year.
 1033         4. As to dormitory fees, the board shall pay the state
 1034  universities 6 percent above the amount assessed for dormitory
 1035  fees in the preceding fiscal year.
 1036         5. Qualified beneficiaries of advance payment contracts
 1037  purchased before July 1, 2007, are exempt from paying any
 1038  tuition differential fee.
 1039         (c) Notwithstanding the amount assessed for registration
 1040  fees, the tuition differential, or local fees, the amount paid
 1041  by the board to any state university on behalf of a qualified
 1042  beneficiary of an advance payment contract purchased before July
 1043  1, 2034 July 1, 2024, may not exceed 100 percent of the amount
 1044  charged by the state university for the aggregate sum of those
 1045  fees.
 1046         (d) Notwithstanding the amount assessed for dormitory fees,
 1047  the amount paid by the board to any state university on behalf
 1048  of a qualified beneficiary of an advance payment contract
 1049  purchased before July 1, 2034 July 1, 2024, may not exceed 100
 1050  percent of the amount charged by the state university for
 1051  dormitory fees.
 1052         (e) Notwithstanding the number of credit hours used by a
 1053  state university to assess the amount for registration fees,
 1054  tuition, tuition differential, or local fees, the amount paid by
 1055  the board to any state university on behalf of a qualified
 1056  beneficiary of an advance payment contract purchased before July
 1057  1, 2034 July 1, 2024, may not exceed the number of credit hours
 1058  taken by that qualified beneficiary at the state university.
 1059         (f) The board shall pay state universities the actual
 1060  amount assessed in accordance with law for registration fees,
 1061  the tuition differential, local fees, and dormitory fees for
 1062  advance payment contracts purchased on or after July 1, 2034
 1063  July 1, 2024.
 1064         Section 20. Subsection (5), paragraph (a) of subsection
 1065  (6), and subsection (9) of section 1012.79, Florida Statutes,
 1066  are amended to read:
 1067         1012.79 Education Practices Commission; organization.—
 1068         (5) The Commissioner of Education may, at his or her
 1069  discretion, appoint and remove commission, by a vote of three
 1070  fourths of the membership, shall employ an executive director,
 1071  who shall be exempt from career service. The executive director
 1072  may be dismissed by a majority vote of the membership.
 1073         (6)(a) The commission shall be assigned to the Department
 1074  of Education for administrative and fiscal accountability
 1075  purposes. The commission, in the performance of its powers and
 1076  duties, may shall not be subject to control, supervision, or
 1077  direction by the Department of Education.
 1078         (9) The commission shall make such expenditures as may be
 1079  necessary in exercising its authority and powers and carrying
 1080  out its duties and responsibilities, including expenditures for
 1081  personal services, legal services general counsel or access to
 1082  counsel, and rent at the seat of government and elsewhere; for
 1083  books of reference, periodicals, furniture, equipment, and
 1084  supplies; and for printing and binding. The expenditures of the
 1085  commission shall be subject to the powers and duties of the
 1086  Department of Financial Services as provided in s. 17.03.
 1087         Section 21. Section 1012.86, Florida Statutes, is repealed.
 1088         Section 22. Subsection (19) of section 1001.64, Florida
 1089  Statutes, is amended to read:
 1090         1001.64 Florida College System institution boards of
 1091  trustees; powers and duties.—
 1092         (19) Each board of trustees shall appoint, suspend, or
 1093  remove the president of the Florida College System institution.
 1094  The board of trustees may appoint a search committee. The board
 1095  of trustees shall conduct annual evaluations of the president in
 1096  accordance with rules of the State Board of Education and submit
 1097  such evaluations to the State Board of Education for review. The
 1098  evaluation must address the achievement of the performance goals
 1099  established by the accountability process implemented pursuant
 1100  to s. 1008.45 and the performance of the president in achieving
 1101  the annual and long-term goals and objectives established in the
 1102  Florida College System institution’s employment accountability
 1103  program implemented pursuant to s. 1012.86.
 1104         Section 23. Subsection (22) of section 1001.65, Florida
 1105  Statutes, is amended to read:
 1106         1001.65 Florida College System institution presidents;
 1107  powers and duties.—The president is the chief executive officer
 1108  of the Florida College System institution, shall be corporate
 1109  secretary of the Florida College System institution board of
 1110  trustees, and is responsible for the operation and
 1111  administration of the Florida College System institution. Each
 1112  Florida College System institution president shall:
 1113         (22)Submit an annual employment accountability plan to the
 1114  Department of Education pursuant to the provisions of s.
 1115  1012.86.
 1116         Section 24. This act shall take effect July 1, 2024.