Florida Senate - 2015 CS for SB 948
By the Committee on Higher Education; and Senator Gaetz
589-02765A-15 2015948c1
1 A bill to be entitled
2 An act relating to education; amending s. 446.021,
3 F.S.; revising terms; amending s. 446.032, F.S.;
4 conforming a provision to a change made by the act;
5 amending s. 446.045, F.S.; clarifying State
6 Apprenticeship Advisory Council membership; amending
7 s. 446.081, F.S.; clarifying the limitations of
8 certain provisions; amending s. 446.091, F.S.;
9 conforming a provision to a change made by the act;
10 amending s. 446.092, F.S.; revising characteristics of
11 an apprenticeable occupation; amending s. 1011.62,
12 F.S.; requiring a low-performing elementary school to
13 administer the required additional hours of
14 instruction in a summer program during specified
15 fiscal years; requiring a school to continue to
16 provide the additional instruction to certain students
17 in the subsequent year if the school is no longer
18 classified as one of the 300 lowest-performing
19 elementary schools; revising the types and amounts of
20 bonuses that a teacher may receive in any given school
21 year; revising the discretionary millage compression
22 supplement; revising a district sparsity index
23 calculation; deleting obsolete language; revising the
24 virtual education contribution calculation; creating
25 the federally connected student supplement; providing
26 eligibility requirements for and components of the
27 supplement; amending s. 1011.71, F.S.; conforming a
28 cross-reference; amending s. 1004.92, F.S.; requiring
29 the State Board of Education to adopt rules for
30 administration; amending s. 1006.735, F.S.;
31 establishing the Rapid Response Education and Training
32 Program within the Complete Florida Plus Program;
33 requiring the Complete Florida Plus Program to work
34 with Enterprise Florida, Inc., to offer education and
35 training programs to businesses’ employees; specifying
36 the duties of the Rapid Response Education and
37 Training Program; requiring reports to the
38 Legislature; requiring the Division of Career and
39 Adult Education within the Department of Education to
40 conduct an analysis and assessment of the
41 effectiveness of the education and training programs;
42 amending s. 1001.7065, F.S.; requiring a state
43 research university to enter into and maintain a
44 formal agreement with a specified organization to
45 offer college-sponsored merit scholarship awards as a
46 condition of designation as a preeminent state
47 research university; specifying that continuation of a
48 state research university’s institute for online
49 learning is contingent on the university entering into
50 and maintaining such an agreement; requiring the Board
51 of Governors and the State Board of Education to base
52 state performance funds for the State University
53 System and the Florida College System on specified
54 metrics adopted by each board; specifying allocation
55 of the funds; requiring the Chancellor of the State
56 University System and the Commissioner of Education to
57 withhold disbursement of certain funds; requiring the
58 boards to submit reports by a specified time to the
59 Governor and the Legislature; requiring the boards to
60 adopt rules; creating s. 1012.731, F.S.; providing
61 legislative intent; establishing the Florida Best and
62 Brightest Teacher Scholarship Program; authorizing
63 funding; requiring that the State Board of Education
64 adopt rules; providing an effective date.
65
66 Be It Enacted by the Legislature of the State of Florida:
67
68 Section 1. Subsections (2), (4), and (9) of section
69 446.021, Florida Statutes, are amended to read:
70 446.021 Definitions of terms used in ss. 446.011-446.092.
71 As used in ss. 446.011-446.092, the term:
72 (2) “Apprentice” means a person at least 16 years of age
73 who is engaged in learning a recognized skilled trade through
74 actual work experience under the supervision of journeyworker
75 journeymen craftsmen, which training should be combined with
76 properly coordinated studies of related technical and
77 supplementary subjects, and who has entered into a written
78 agreement, which may be cited as an apprentice agreement, with a
79 registered apprenticeship sponsor who may be either an employer,
80 an association of employers, or a local joint apprenticeship
81 committee.
82 (4) “Journeyworker” “Journeyman” means a worker who has
83 attained certain skills, abilities, and competencies and who is
84 recognized within an industry as having mastered the skills and
85 competencies required for the occupation, including, but not
86 limited to, attainment of a nationally recognized industry
87 certification. The term includes a mentor, technician,
88 specialist, or other skilled worker who has documented
89 sufficient skills and knowledge of an occupation, through formal
90 apprenticeship, attainment of a nationally recognized industry
91 certification, or through practical, on-the-job experience or
92 formal training a person working in an apprenticeable occupation
93 who has successfully completed a registered apprenticeship
94 program or who has worked the number of years required by
95 established industry practices for the particular trade or
96 occupation.
97 (9) “Related instruction” means an organized and systematic
98 form of instruction designed to provide the apprentice with
99 knowledge of the theoretical and technical subjects related to a
100 specific trade or occupation. Such instruction may be given in a
101 classroom, through occupational or industrial courses, or by
102 correspondence courses of equivalent value, including electronic
103 media or other forms of self-study instruction approved by the
104 department.
105 Section 2. Subsection (1) of section 446.032, Florida
106 Statutes, is amended to read:
107 446.032 General duties of the department for apprenticeship
108 training.—The department shall:
109 (1) Establish uniform minimum standards and policies
110 governing apprentice programs and agreements. The standards and
111 policies shall govern the terms and conditions of the
112 apprentice’s employment and training, including the quality
113 training of the apprentice for, but not limited to, such matters
114 as ratios of apprentices to journeyworkers journeymen, safety,
115 related instruction, and on-the-job training; but these
116 standards and policies may not include rules, standards, or
117 guidelines that require the use of apprentices and job trainees
118 on state, county, or municipal contracts. The department may
119 adopt rules necessary to administer the standards and policies.
120 Section 3. Paragraph (b) of subsection (2) of section
121 446.045, Florida Statutes, is amended to read:
122 446.045 State Apprenticeship Advisory Council.—
123 (2)
124 (b) The Commissioner of Education or the commissioner’s
125 designee shall serve ex officio as chair of the State
126 Apprenticeship Advisory Council, but may not vote. The state
127 director of the Office of Apprenticeship of the United States
128 Department of Labor shall serve ex officio as a nonvoting member
129 of the council. The Governor shall appoint to the council four
130 members representing employee organizations and four members
131 representing employer organizations. Each of these eight members
132 shall represent industries that have registered apprenticeship
133 programs. The Governor shall also appoint two public members who
134 are knowledgeable about registered apprenticeship and
135 apprenticeable occupations, who are independent of any joint or
136 nonjoint organization one of whom shall be recommended by joint
137 organizations, and one of whom shall be recommended by nonjoint
138 organizations. Members shall be appointed for 4-year staggered
139 terms. A vacancy shall be filled for the remainder of the
140 unexpired term.
141 Section 4. Subsection (4) is added to section 446.081,
142 Florida Statutes, to read:
143 446.081 Limitation.—
144 (4) Nothing in ss. 446.011-446.092 or the implementing
145 rules in these sections shall operate to invalidate any special
146 provision for veterans, minority persons, or women in the
147 standards, qualifications, or operation of the apprenticeship
148 program or in the apprenticeship agreement which is not
149 otherwise prohibited by law, executive order, or authorized
150 regulation.
151 Section 5. Section 446.091, Florida Statutes, is amended to
152 read:
153 446.091 On-the-job training program.—All provisions of ss.
154 446.011-446.092 relating to apprenticeship and
155 preapprenticeship, including, but not limited to, programs,
156 agreements, standards, administration, procedures, definitions,
157 expenditures, local committees, powers and duties, limitations,
158 grievances, and ratios of apprentices and job trainees to
159 journeyworkers journeymen on state, county, and municipal
160 contracts, shall be appropriately adapted and made applicable to
161 a program of on-the-job training authorized under those
162 provisions for persons other than apprentices.
163 Section 6. Section 446.092, Florida Statutes, is amended to
164 read:
165 446.092 Criteria for apprenticeship occupations.—An
166 apprenticeable occupation is a skilled trade which possesses all
167 of the following characteristics:
168 (1) It is customarily learned in a practical way through a
169 structured, systematic program of on-the-job, supervised
170 training.
171 (2) It is clearly identified and commonly recognized
172 throughout an the industry, and may be associated with a
173 nationally recognized industry certification or recognized with
174 a positive view towards changing technology.
175 (3) It involves manual, mechanical, or technical skills and
176 knowledge which, in accordance with the industry standard for
177 the occupation, requires require a minimum of 2,000 hours of on
178 the-job work and training, which hours are excluded from the
179 time spent at related instruction.
180 (4) It requires related instruction to supplement on-the
181 job training. Such instruction may be given in a classroom,
182 through occupational or industrial courses, or through
183 correspondence courses of equivalent value, including electronic
184 media or other forms of self-study instruction approved by the
185 department.
186 (5) It involves the development of skill sufficiently broad
187 to be applicable in like occupations throughout an industry,
188 rather than of restricted application to the products or
189 services of any one company.
190 (6) It does not fall into any of the following categories:
191 (a) Selling, retailing, or similar occupations in the
192 distributive field.
193 (b) Managerial occupations.
194 (c) Professional and scientific vocations for which
195 entrance requirements customarily require an academic degree.
196 Section 7. Paragraphs (f) and (o) of subsection (1),
197 paragraph (a) of subsection (4), subsection (5), paragraph (b)
198 of subsection (7), paragraph (a) of subsection (9), subsection
199 (11), and subsection (13) of section 1011.62, Florida Statutes,
200 are amended, present subsections (13), (14), and (15) of that
201 section are redesignated as subsections (14), (15), and (16),
202 respectively, and a new subsection (13) is added to that
203 section, to read:
204 1011.62 Funds for operation of schools.—If the annual
205 allocation from the Florida Education Finance Program to each
206 district for operation of schools is not determined in the
207 annual appropriations act or the substantive bill implementing
208 the annual appropriations act, it shall be determined as
209 follows:
210 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
211 OPERATION.—The following procedure shall be followed in
212 determining the annual allocation to each district for
213 operation:
214 (f) Supplemental academic instruction; categorical fund.—
215 1. There is created a categorical fund to provide
216 supplemental academic instruction to students in kindergarten
217 through grade 12. This paragraph may be cited as the
218 “Supplemental Academic Instruction Categorical Fund.”
219 2. Categorical funds for supplemental academic instruction
220 shall be allocated annually to each school district in the
221 amount provided in the General Appropriations Act. These funds
222 shall be in addition to the funds appropriated on the basis of
223 FTE student membership in the Florida Education Finance Program
224 and shall be included in the total potential funds of each
225 district. These funds shall be used to provide supplemental
226 academic instruction to students enrolled in the K-12 program.
227 For the 2014-2015, 2015-2016, 2016-2017, and 2017-2018 fiscal
228 years year, each school district that has one or more of the 300
229 lowest-performing elementary schools based on the state reading
230 assessment shall use these funds, together with the funds
231 provided in the district’s research-based reading instruction
232 allocation and other available funds, to provide an additional
233 hour of instruction beyond the normal school day for each day of
234 the entire school year, and provide the equivalent hours of
235 instruction in a summer program, for intensive reading
236 instruction for the students in each of these schools. In the
237 subsequent year, if a participating school is no longer
238 classified as one of the 300 lowest-performing elementary
239 schools, the school must continue to provide the additional hour
240 of instruction to all students who have Level 1 or Level 2
241 reading assessment scores. This additional hour of instruction
242 must be provided by teachers or reading specialists who are
243 effective in teaching reading or by a K-5 mentoring reading
244 program that is supervised by a teacher who is effective at
245 teaching reading. Students enrolled in these schools who have
246 level 5 assessment scores may participate in the additional hour
247 of instruction on an optional basis. Exceptional student
248 education centers may shall not be included in the 300 schools.
249 After this requirement has been met, supplemental instruction
250 strategies may include, but are not limited to: modified
251 curriculum, reading instruction, after-school instruction,
252 tutoring, mentoring, class size reduction, extended school year,
253 intensive skills development in summer school, and other methods
254 for improving student achievement. Supplemental instruction may
255 be provided to a student in any manner and at any time during or
256 beyond the regular 180-day term identified by the school as
257 being the most effective and efficient way to best help that
258 student progress from grade to grade and to graduate.
259 3. Effective with the 1999-2000 fiscal year, funding on the
260 basis of FTE membership beyond the 180-day regular term shall be
261 provided in the FEFP only for students enrolled in juvenile
262 justice education programs or in education programs for
263 juveniles placed in secure facilities or programs under s.
264 985.19. Funding for instruction beyond the regular 180-day
265 school year for all other K-12 students shall be provided
266 through the supplemental academic instruction categorical fund
267 and other state, federal, and local fund sources with ample
268 flexibility for schools to provide supplemental instruction to
269 assist students in progressing from grade to grade and
270 graduating.
271 4. The Florida State University School, as a lab school, is
272 authorized to expend from its FEFP or Lottery Enhancement Trust
273 Fund allocation the cost to the student of remediation in
274 reading, writing, or mathematics for any graduate who requires
275 remediation at a postsecondary educational institution.
276 5. Beginning in the 1999-2000 school year, dropout
277 prevention programs as defined in ss. 1003.52, 1003.53(1)(a),
278 (b), and (c), and 1003.54 shall be included in group 1 programs
279 under subparagraph (d)3.
280 (o) Calculation of additional full-time equivalent
281 membership based on successful completion of a career-themed
282 course pursuant to ss. 1003.491, 1003.492, and 1003.493, or
283 courses with embedded CAPE industry certifications or CAPE
284 Digital Tool certificates, and issuance of industry
285 certification identified on the CAPE Industry Certification
286 Funding List pursuant to rules adopted by the State Board of
287 Education or CAPE Digital Tool certificates pursuant to s.
288 1003.4203.—
289 1.a. A value of 0.025 full-time equivalent student
290 membership shall be calculated for CAPE Digital Tool
291 certificates earned by students in elementary and middle school
292 grades.
293 b. A value of 0.1 or 0.2 full-time equivalent student
294 membership shall be calculated for each student who completes a
295 course as defined in s. 1003.493(1)(b) or courses with embedded
296 CAPE industry certifications and who is issued an industry
297 certification identified annually on the CAPE Industry
298 Certification Funding List approved under rules adopted by the
299 State Board of Education. A value of 0.2 full-time equivalent
300 membership shall be calculated for each student who is issued a
301 CAPE industry certification that has a statewide articulation
302 agreement for college credit approved by the State Board of
303 Education. For CAPE industry certifications that do not
304 articulate for college credit, the Department of Education shall
305 assign a full-time equivalent value of 0.1 for each
306 certification. Middle grades students who earn additional FTE
307 membership for a CAPE Digital Tool certificate pursuant to sub
308 subparagraph a. may not use the previously funded examination to
309 satisfy the requirements for earning an industry certification
310 under this sub-subparagraph. Additional FTE membership for an
311 elementary or middle grades student may shall not exceed 0.1 for
312 certificates or certifications earned within the same fiscal
313 year. The State Board of Education shall include the assigned
314 values on the CAPE Industry Certification Funding List under
315 rules adopted by the state board. Such value shall be added to
316 the total full-time equivalent student membership for grades 6
317 through 12 in the subsequent year for courses that were not
318 provided through dual enrollment. CAPE industry certifications
319 earned through dual enrollment must be reported and funded
320 pursuant to s. 1011.80. However, if a student earns a
321 certification through a dual enrollment course and the
322 certification is not a fundable certification on the
323 postsecondary certification funding list, or the dual enrollment
324 certification is earned as a result of an agreement between a
325 school district and a nonpublic postsecondary institution, the
326 bonus value shall be funded in the same manner as for other
327 nondual enrollment course industry certifications. In such
328 cases, the school district may provide for an agreement between
329 the high school and the technical center, or the school district
330 and the postsecondary institution may enter into an agreement
331 for equitable distribution of the bonus funds.
332 c. A value of 0.3 full-time equivalent student membership
333 shall be calculated for student completion of the courses and
334 the embedded certifications identified on the CAPE Industry
335 Certification Funding List and approved by the commissioner
336 pursuant to ss. 1003.4203(5)(a) and 1008.44.
337 d. A value of 0.5 full-time equivalent student membership
338 shall be calculated for CAPE Acceleration Industry
339 Certifications that articulate for 15 to 29 college credit
340 hours, and 1.0 full-time equivalent student membership shall be
341 calculated for CAPE Acceleration Industry Certifications that
342 articulate for 30 or more college credit hours pursuant to CAPE
343 Acceleration Industry Certifications approved by the
344 commissioner pursuant to ss. 1003.4203(5)(b) and 1008.44.
345 2. Each district must allocate at least 80 percent of the
346 funds provided for CAPE industry certification, in accordance
347 with this paragraph, to the program that generated the funds.
348 This allocation may not be used to supplant funds provided for
349 basic operation of the program.
350 3. For CAPE industry certifications earned in the 2013-2014
351 school year and in subsequent years, the school district shall
352 distribute to each classroom teacher who provided direct
353 instruction toward the attainment of a CAPE industry
354 certification that qualified for additional full-time equivalent
355 membership under subparagraph 1.:
356 a. A bonus in the amount of $25 for each student taught by
357 a teacher who provided instruction in a course that led to the
358 attainment of a CAPE industry certification on the CAPE Industry
359 Certification Funding List with a weight of 0.1.
360 b. A bonus in the amount of $50 for each student taught by
361 a teacher who provided instruction in a course that led to the
362 attainment of a CAPE industry certification on the CAPE Industry
363 Certification Funding List with a weight of 0.2, 0.3, 0.5, and
364 1.0.
365 c. A bonus in the amount of $75 for each student taught by
366 a teacher who provided instruction in a course that led to the
367 attainment of a CAPE industry certification on the CAPE Industry
368 Certification Funding List with a weight of 0.3.
369 d. A bonus in the amount of $100 for each student taught by
370 a teacher who provided instruction in a course that led to the
371 attainment of a CAPE industry certification on the CAPE Industry
372 Certification Funding List with a weight of 0.5 or 1.0.
373
374 Bonuses awarded pursuant to this paragraph shall be provided to
375 teachers who are employed by the district in the year in which
376 the additional FTE membership calculation is included in the
377 calculation. Bonuses shall be calculated based upon the
378 associated weight of a CAPE industry certification on the CAPE
379 Industry Certification Funding List for the year in which the
380 certification is earned by the student. Any bonus awarded to a
381 teacher under sub-subparagraph 3.a. or sub-subparagraph 3.b.
382 this paragraph may not exceed $2,000 in any given school year,
383 and a bonus awarded to a teacher under sub-subparagraph 3.c. or
384 sub-subparagraph 3.d. may not exceed $4,000 in a given school
385 year. The maximum bonus that may be awarded to a teacher under
386 this paragraph is $4,000. This bonus and is in addition to any
387 regular wage or other bonus the teacher received or is scheduled
388 to receive.
389 (4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.—The
390 Legislature shall prescribe the aggregate required local effort
391 for all school districts collectively as an item in the General
392 Appropriations Act for each fiscal year. The amount that each
393 district shall provide annually toward the cost of the Florida
394 Education Finance Program for kindergarten through grade 12
395 programs shall be calculated as follows:
396 (a) Estimated taxable value calculations.—
397 1.a. Not later than 2 working days prior to July 19, the
398 Department of Revenue shall certify to the Commissioner of
399 Education its most recent estimate of the taxable value for
400 school purposes in each school district and the total for all
401 school districts in the state for the current calendar year
402 based on the latest available data obtained from the local
403 property appraisers. The value certified shall be the taxable
404 value for school purposes for that year, and no further
405 adjustments shall be made, except those made pursuant to
406 paragraphs (c) and (d), or an assessment roll change required by
407 final judicial decisions as specified in paragraph (15)(b)
408 (14)(b). Not later than July 19, the Commissioner of Education
409 shall compute a millage rate, rounded to the next highest one
410 one-thousandth of a mill, which, when applied to 96 percent of
411 the estimated state total taxable value for school purposes,
412 would generate the prescribed aggregate required local effort
413 for that year for all districts. The Commissioner of Education
414 shall certify to each district school board the millage rate,
415 computed as prescribed in this subparagraph, as the minimum
416 millage rate necessary to provide the district required local
417 effort for that year.
418 b. The General Appropriations Act shall direct the
419 computation of the statewide adjusted aggregate amount for
420 required local effort for all school districts collectively from
421 ad valorem taxes to ensure that no school district’s revenue
422 from required local effort millage will produce more than 90
423 percent of the district’s total Florida Education Finance
424 Program calculation as calculated and adopted by the
425 Legislature, and the adjustment of the required local effort
426 millage rate of each district that produces more than 90 percent
427 of its total Florida Education Finance Program entitlement to a
428 level that will produce only 90 percent of its total Florida
429 Education Finance Program entitlement in the July calculation.
430 2. On the same date as the certification in sub
431 subparagraph 1.a., the Department of Revenue shall certify to
432 the Commissioner of Education for each district:
433 a. Each year for which the property appraiser has certified
434 the taxable value pursuant to s. 193.122(2) or (3), if
435 applicable, since the prior certification under sub-subparagraph
436 1.a.
437 b. For each year identified in sub-subparagraph a., the
438 taxable value certified by the appraiser pursuant to s.
439 193.122(2) or (3), if applicable, since the prior certification
440 under sub-subparagraph 1.a. This is the certification that
441 reflects all final administrative actions of the value
442 adjustment board.
443 (5) DISCRETIONARY MILLAGE COMPRESSION SUPPLEMENT.—The
444 Legislature shall prescribe in the General Appropriations Act,
445 pursuant to s. 1011.71(1), the rate of nonvoted current
446 operating discretionary millage that shall be used to calculate
447 a discretionary millage compression supplement. If the
448 prescribed millage generates an amount of funds per unweighted
449 FTE for the district that is less than 105 percent of the state
450 average, the district shall receive an amount per FTE that, when
451 added to the funds per FTE generated by the designated levy,
452 shall equal 105 percent of the state average.
453 (7) DETERMINATION OF SPARSITY SUPPLEMENT.—
454 (b) The district sparsity index shall be computed by
455 dividing the total number of full-time equivalent students in
456 all programs in the district by the number of senior high school
457 centers in the district, not in excess of three, which centers
458 are approved as permanent centers by a survey made by the
459 Department of Education. In districts with a full-time
460 equivalent student membership of at least 20,000, but no more
461 than 24,000, the index shall be computed by dividing the total
462 number of full-time equivalent students in all programs by the
463 number of permanent senior high school centers in the district,
464 not to exceed four.
465 (9) RESEARCH-BASED READING INSTRUCTION ALLOCATION.—
466 (a) The research-based reading instruction allocation is
467 created to provide comprehensive reading instruction to students
468 in kindergarten through grade 12. For the 2014-2015, 2015-2016,
469 2016-2017, and 2017-2018 fiscal years year, in each school
470 district that has one or more of the 300 lowest-performing
471 elementary schools based on the state reading assessment,
472 priority shall be given to providing an additional hour per day
473 of intensive reading instruction beyond the normal school day
474 for each day of the entire school year, and provide the
475 equivalent hours of instruction in a summer program, for the
476 students in each school. In the subsequent year, if a
477 participating school is no longer classified as one of the 300
478 lowest-performing elementary schools, the school must continue
479 to provide the additional hour of instruction to all students
480 who have Level 1 or Level 2 reading assessment scores. Students
481 enrolled in these schools who have level 5 assessment scores may
482 participate in the additional hour of instruction on an optional
483 basis. Exceptional student education centers may shall not be
484 included in the 300 schools. The intensive reading instruction
485 delivered in this additional hour and for other students shall
486 include: research-based reading instruction that has been proven
487 to accelerate progress of students exhibiting a reading
488 deficiency; differentiated instruction based on student
489 assessment data to meet students’ specific reading needs;
490 explicit and systematic reading development in phonemic
491 awareness, phonics, fluency, vocabulary, and comprehension, with
492 more extensive opportunities for guided practice, error
493 correction, and feedback; and the integration of social studies,
494 science, and mathematics-text reading, text discussion, and
495 writing in response to reading. For the 2012-2013 and 2013-2014
496 fiscal years, a school district may not hire more reading
497 coaches than were hired during the 2011-2012 fiscal year unless
498 all students in kindergarten through grade 5 who demonstrate a
499 reading deficiency, as determined by district and state
500 assessments, including students scoring Level 1 or Level 2 on
501 the statewide, standardized reading assessment or, upon
502 implementation, the English Language Arts assessment, are
503 provided an additional hour per day of intensive reading
504 instruction beyond the normal school day for each day of the
505 entire school year.
506 (11) VIRTUAL EDUCATION CONTRIBUTION.—The Legislature may
507 annually provide in the Florida Education Finance Program a
508 virtual education contribution. The amount of the virtual
509 education contribution shall be the difference between the
510 amount per FTE established in the General Appropriations Act for
511 virtual education and the amount per FTE for each district and
512 the Florida Virtual School, which may be calculated by taking
513 the sum of the base FEFP allocation, the declining enrollment
514 supplement, the discretionary local effort, the state-funded
515 discretionary contribution, the discretionary millage
516 compression supplement, the research-based reading instruction
517 allocation, the ESE guaranteed allocation, and the instructional
518 materials allocation, and then dividing by the total unweighted
519 FTE. This difference shall be multiplied by the virtual
520 education unweighted FTE for programs and options identified in
521 s. 1002.455(3) and the Florida Virtual School and its franchises
522 to equal the virtual education contribution and shall be
523 included as a separate allocation in the funding formula.
524 (13) FEDERALLY CONNECTED STUDENT SUPPLEMENT.—The federally
525 connected student supplement is created to provide supplemental
526 funding for school districts to support the education of
527 students connected with federally owned military installations,
528 National Aeronautics and Space Administration (NASA) property,
529 and Indian lands. To be eligible for this supplement, the
530 district must also be eligible for federal Impact Aid program
531 funds pursuant to Title VIII of the Elementary and Secondary
532 Education Act of 1965. The supplement shall be the sum of the
533 student allocation and an exempt property allocation.
534 (a) The student allocation shall be calculated based on the
535 number of students reported for federal Impact Aid program
536 funds, including students with disabilities, who meet one of the
537 following criteria:
538 1. Resides with a parent who is on active duty in the
539 uniformed services or is an accredited foreign government
540 official and military officer. Students with disabilities shall
541 also be reported separately for this condition.
542 2. Resides on eligible federally owned Indian lands.
543 Students with disabilities shall also be reported separately for
544 this condition.
545 3. Resides with a civilian parent who lives or works on
546 eligible federal property connected with a military installation
547 or NASA. The number of these students shall be multiplied by a
548 factor of 0.5.
549 (b) The total number of federally connected students
550 calculated under paragraph (a) shall be multiplied by a
551 percentage of the base student allocation as provided in the
552 General Appropriations Act. The total of the number of students
553 with disabilities as reported separately under subparagraphs
554 (a)1. and (a)2. shall be multiplied by an additional percentage
555 of the base student allocation as provided in the General
556 Appropriations Act. The base amount and the students-with
557 disabilities amount shall be summed to provide the student
558 allocation.
559 (c) The exempt-property allocation shall be equal to the
560 tax-exempt value of federal Impact Aid lands reserved as
561 military installations, real property owned by NASA, or eligible
562 federally owned Indian lands located in the district, as of
563 January 1 of the previous year, multiplied by the millage
564 authorized and levied under s. 1011.71(2).
565 (14)(13) QUALITY ASSURANCE GUARANTEE.—The Legislature may
566 annually in the General Appropriations Act determine a
567 percentage increase in funds per K-12 unweighted FTE as a
568 minimum guarantee to each school district. The guarantee shall
569 be calculated from prior year base funding per unweighted FTE
570 student which shall include the adjusted FTE dollars as provided
571 in subsection (15) (14), quality guarantee funds, and actual
572 nonvoted discretionary local effort from taxes. From the base
573 funding per unweighted FTE, the increase shall be calculated for
574 the current year. The current year funds from which the
575 guarantee shall be determined shall include the adjusted FTE
576 dollars as provided in subsection (15) (14) and potential
577 nonvoted discretionary local effort from taxes. A comparison of
578 current year funds per unweighted FTE to prior year funds per
579 unweighted FTE shall be computed. For those school districts
580 which have less than the legislatively assigned percentage
581 increase, funds shall be provided to guarantee the assigned
582 percentage increase in funds per unweighted FTE student. Should
583 appropriated funds be less than the sum of this calculated
584 amount for all districts, the commissioner shall prorate each
585 district’s allocation. This provision shall be implemented to
586 the extent specifically funded.
587 Section 8. Subsection (1) of section 1011.71, Florida
588 Statutes, is amended to read:
589 1011.71 District school tax.—
590 (1) If the district school tax is not provided in the
591 General Appropriations Act or the substantive bill implementing
592 the General Appropriations Act, each district school board
593 desiring to participate in the state allocation of funds for
594 current operation as prescribed by s. 1011.62(15) s. 1011.62(14)
595 shall levy on the taxable value for school purposes of the
596 district, exclusive of millage voted under the provisions of s.
597 9(b) or s. 12, Art. VII of the State Constitution, a millage
598 rate not to exceed the amount certified by the commissioner as
599 the minimum millage rate necessary to provide the district
600 required local effort for the current year, pursuant to s.
601 1011.62(4)(a)1. In addition to the required local effort millage
602 levy, each district school board may levy a nonvoted current
603 operating discretionary millage. The Legislature shall prescribe
604 annually in the appropriations act the maximum amount of millage
605 a district may levy.
606 Section 9. Paragraph (b) of subsection (2) of section
607 1004.92, Florida Statutes, is amended to read:
608 1004.92 Purpose and responsibilities for career education.—
609 (2)
610 (b) Department of Education accountability for career
611 education includes, but is not limited to:
612 1. The provision of timely, accurate technical assistance
613 to school districts and Florida College System institutions.
614 2. The provision of timely, accurate information to the
615 State Board of Education, the Legislature, and the public.
616 3. The development of policies, rules, and procedures that
617 facilitate institutional attainment of the accountability
618 standards and coordinate the efforts of all divisions within the
619 department.
620 4. The development of program standards and industry-driven
621 benchmarks for career, adult, and community education programs,
622 which must be updated every 3 years. The standards must include
623 career, academic, and workplace skills; viability of distance
624 learning for instruction; and work/learn cycles that are
625 responsive to business and industry; and reflect the quality
626 components of a career and technical education program. The
627 State Board of Education shall adopt rules to administer this
628 section.
629 5. Overseeing school district and Florida College System
630 institution compliance with the provisions of this chapter.
631 6. Ensuring that the educational outcomes for the technical
632 component of career programs are uniform and designed to provide
633 a graduate who is capable of entering the workforce on an
634 equally competitive basis regardless of the institution of
635 choice.
636 Section 10. Present subsections (5) and (6) of section
637 1006.735, Florida Statutes, are redesignated as subsections (6)
638 and (7), respectively, and a new subsection (5) is added to that
639 section, to read:
640 1006.735 Complete Florida Plus Program.—The Complete
641 Florida Plus Program is created at the University of West
642 Florida.
643 (5) RAPID RESPONSE EDUCATION AND TRAINING PROGRAM.—The
644 Rapid Response Education and Training Program is established
645 within the Complete Florida Plus Program. Under the Rapid
646 Response Education and Training Program, the Complete Florida
647 Plus Program shall work directly with Enterprise Florida, Inc.,
648 in project-specific industry recruitment and retention efforts
649 to offer education and training programs to businesses’
650 employees.
651 (a) The Rapid Response Education and Training Program must:
652 1. Issue challenge grants through requests for proposals
653 that are open to all education and training providers, public or
654 private. These grants match state funding with education and
655 training provider funds to implement particular education and
656 training programs.
657 2. Generate periodic reports from an independent forensic
658 accounting or auditing entity to ensure transparency of the
659 program. These periodic reports must be submitted to the
660 President of the Senate and the Speaker of the House of
661 Representatives.
662 3. Keep administrative costs to a minimum through the use
663 of existing organizational structures.
664 4. Work directly with businesses to recruit individuals for
665 education and training.
666 5. Be able to terminate an education and training program
667 by giving 30 days’ notice.
668 6. Survey employers after completion of an education and
669 training program to ascertain the effectiveness of the program.
670 (b) The Division of Career and Adult Education within the
671 Department of Education shall conduct an analysis and assessment
672 of the effectiveness of the education and training programs
673 under this section in meeting labor market and occupational
674 trends and gaps.
675 Section 11. Subsections (3) and (4) of section 1001.7065,
676 Florida Statutes, are amended to read:
677 1001.7065 Preeminent state research universities program.—
678 (3) PREEMINENT STATE RESEARCH UNIVERSITY DESIGNATION.—The
679 Board of Governors shall designate each state research
680 university that meets at least 11 of the 12 academic and
681 research excellence standards identified in subsection (2) and
682 that enters into and maintains a formal agreement with the
683 National Merit Scholarship Corporation to offer college
684 sponsored merit scholarship awards a preeminent state research
685 university.
686 (4) PREEMINENT STATE RESEARCH UNIVERSITY INSTITUTE FOR
687 ONLINE LEARNING.—A state research university that, as of July 1,
688 2013, met meets all 12 of the academic and research excellence
689 standards identified in subsection (2), as verified by the Board
690 of Governors, shall establish an institute for online learning.
691 Continuation of the institute for online learning is contingent
692 upon a state research university entering into and maintaining a
693 formal agreement with the National Merit Scholarship Corporation
694 to offer college-sponsored merit scholarship awards. The
695 institute shall establish a robust offering of high-quality,
696 fully online baccalaureate degree programs at an affordable cost
697 in accordance with this subsection.
698 (a) By August 1, 2013, the Board of Governors shall convene
699 an advisory board to support the development of high-quality,
700 fully online baccalaureate degree programs at the university.
701 (b) The advisory board shall:
702 1. Offer expert advice, as requested by the university, in
703 the development and implementation of a business plan to expand
704 the offering of high-quality, fully online baccalaureate degree
705 programs.
706 2. Advise the Board of Governors on the release of funding
707 to the university upon approval by the Board of Governors of the
708 plan developed by the university.
709 3. Monitor, evaluate, and report on the implementation of
710 the plan to the Board of Governors, the Governor, the President
711 of the Senate, and the Speaker of the House of Representatives.
712 (c) The advisory board shall be composed of the following
713 five members:
714 1. The chair of the Board of Governors or the chair’s
715 permanent designee.
716 2. A member with expertise in online learning, appointed by
717 the Board of Governors.
718 3. A member with expertise in global marketing, appointed
719 by the Governor.
720 4. A member with expertise in cloud virtualization,
721 appointed by the President of the Senate.
722 5. A member with expertise in disruptive innovation,
723 appointed by the Speaker of the House of Representatives.
724 (d) The president of the university shall be consulted on
725 the advisory board member appointments.
726 (e) A majority of the advisory board shall constitute a
727 quorum, elect the chair, and appoint an executive director.
728 (f) By September 1, 2013, the university shall submit to
729 the advisory board a comprehensive plan to expand high-quality,
730 fully online baccalaureate degree program offerings. The plan
731 shall include:
732 1. Existing on-campus general education courses and
733 baccalaureate degree programs that will be offered online.
734 2. New courses that will be developed and offered online.
735 3. Support services that will be offered to students
736 enrolled in online baccalaureate degree programs.
737 4. A tuition and fee structure that meets the requirements
738 in paragraph (k) for online courses, baccalaureate degree
739 programs, and student support services.
740 5. A timeline for offering, marketing, and enrolling
741 students in the online baccalaureate degree programs.
742 6. A budget for developing and marketing the online
743 baccalaureate degree programs.
744 7. Detailed strategies for ensuring the success of students
745 and the sustainability of the online baccalaureate degree
746 programs.
747
748 Upon recommendation of the plan by the advisory board and
749 approval by the Board of Governors, the Board of Governors shall
750 award the university $10 million in nonrecurring funds and $5
751 million in recurring funds for fiscal year 2013-2014 and $5
752 million annually thereafter, subject to appropriation in the
753 General Appropriations Act.
754 (g) Beginning in January 2014, the university shall offer
755 high-quality, fully online baccalaureate degree programs that:
756 1. Accept full-time, first-time-in-college students.
757 2. Have the same rigorous admissions criteria as equivalent
758 on-campus degree programs.
759 3. Offer curriculum of equivalent rigor to on-campus degree
760 programs.
761 4. Offer rolling enrollment or multiple opportunities for
762 enrollment throughout the year.
763 5. Do not require any on-campus courses. However, for
764 courses or programs that require clinical training or
765 laboratories that cannot be delivered online, the university
766 shall offer convenient locational options to the student, which
767 may include, but are not limited to, the option to complete such
768 requirements at a summer-in-residence on the university campus.
769 The university may provide a network of sites at convenient
770 locations and contract with commercial testing centers or
771 identify other secure testing services for the purpose of
772 proctoring assessments or testing.
773 6. Apply the university’s existing policy for accepting
774 credits for both freshman applicants and transfer applicants.
775 (h) The university may offer a fully online Master’s in
776 Business Administration degree program and other master’s degree
777 programs.
778 (i) The university may develop and offer degree programs
779 and courses that are competency based as appropriate for the
780 quality and success of the program.
781 (j) The university shall periodically expand its offering
782 of online baccalaureate degree programs to meet student and
783 market demands.
784 (k) The university shall establish a tuition structure for
785 its online institute in accordance with this paragraph,
786 notwithstanding any other provision of law.
787 1. For students classified as residents for tuition
788 purposes, tuition for an online baccalaureate degree program
789 shall be set at no more than 75 percent of the tuition rate as
790 specified in the General Appropriations Act pursuant to s.
791 1009.24(4) and 75 percent of the tuition differential pursuant
792 to s. 1009.24(16). No distance learning fee, fee for campus
793 facilities, or fee for on-campus services may be assessed,
794 except that online students shall pay the university’s
795 technology fee, financial aid fee, and Capital Improvement Trust
796 Fund fee. The revenues generated from the Capital Improvement
797 Trust Fund fee shall be dedicated to the university’s institute
798 for online learning.
799 2. For students classified as nonresidents for tuition
800 purposes, tuition may be set at market rates in accordance with
801 the business plan.
802 3. Tuition for an online degree program shall include all
803 costs associated with instruction, materials, and enrollment,
804 excluding costs associated with the provision of textbooks
805 pursuant to s. 1004.085 and physical laboratory supplies.
806 4. Subject to the limitations in subparagraph 1., tuition
807 may be differentiated by degree program as appropriate to the
808 instructional and other costs of the program in accordance with
809 the business plan. Pricing must incorporate innovative
810 approaches that incentivize persistence and completion,
811 including, but not limited to, a fee for assessment, a bundled
812 or all-inclusive rate, and sliding scale features.
813 5. The university must accept advance payment contracts and
814 student financial aid.
815 6. Fifty percent of the net revenues generated from the
816 online institute of the university shall be used to enhance and
817 enrich the online institute offerings, and 50 percent of the net
818 revenues generated from the online institute shall be used to
819 enhance and enrich the university’s campus state-of-the-art
820 research programs and facilities.
821 7. The institute may charge additional local user fees
822 pursuant to s. 1009.24(14) upon the approval of the Board of
823 Governors.
824 8. The institute shall submit a proposal to the president
825 of the university authorizing additional user fees for the
826 provision of voluntary student participation in activities and
827 additional student services.
828 Section 12. (1) The State University System Performance
829 Based Incentive shall be based on indicators of institutional
830 attainment of performance metrics adopted by the Board of
831 Governors. The performance-based funding metrics shall include,
832 but are not limited to, metrics that measure graduation and
833 retention rates; degree production; affordability;
834 postgraduation employment, salaries, or further education;
835 student loan default rates; access; and any other metrics
836 approved by the board.
837 (2) The Board of Governors shall evaluate the institutions’
838 performance on the metrics based on benchmarks adopted by the
839 board which measure the achievement of institutional excellence
840 or improvement. Each fiscal year, the amount of funds available
841 for allocation to the institutions based on the performance
842 funding model shall consist of the state’s investment in
843 performance funding, plus an institutional investment consisting
844 of funds to be redistributed from the base funding of the State
845 University System, as determined in the General Appropriations
846 Act. The institutional investment shall be restored for all
847 institutions eligible for the state’s investment under the
848 performance funding model. Any institution that fails to meet
849 the board’s minimum performance funding threshold will not be
850 eligible for the state’s investment, will have a portion of its
851 institutional investment withheld, and must submit an
852 improvement plan to the board that specifies the activities and
853 strategies for improving the institution’s performance.
854 (3) The Board of Governors must review the improvement
855 plan, and if approved, must monitor the institution’s progress
856 on implementing the specified activities and strategies. The
857 institutions shall submit monitoring reports to the board no
858 later than December 31 and May 31 of each year.
859 (4) The Chancellor of the State University System shall
860 withhold disbursement of the institutional investment until such
861 time as the monitoring report for the institution is approved by
862 the Board of Governors. Any institution that fails to make
863 satisfactory progress will not have its full institutional
864 investment restored. If all institutional investment funds are
865 not restored, any remaining funds shall be redistributed in
866 accordance with the board’s performance funding model.
867 (5) By October 1 of each year, the Board of Governors shall
868 submit to the Governor, the President of the Senate, and the
869 Speaker of the House of Representatives a report on the previous
870 year’s performance funding allocation which reflects the
871 rankings and award distributions.
872 (6) The Board of Governors shall adopt a regulation to
873 implement this section.
874 Section 13. (1) The Florida College System Performance
875 Based Incentive shall be based on indicators of institutional
876 attainment of performance metrics adopted by the State Board of
877 Education. The performance-based funding metrics shall include,
878 but are not limited to, metrics that measure retention; program
879 completion and graduation rates; student loan default rates; job
880 placement; and postgraduation employment, salaries, or further
881 education.
882 (2) The State Board of Education shall evaluate the
883 institutions’ performance on the metrics based on benchmarks
884 adopted by the board which measure the achievement of
885 institutional excellence or improvement. Each fiscal year, the
886 amount of funds available for allocation to the institutions
887 based on the performance funding model shall consist of the
888 state’s investment in performance funding plus an institutional
889 investment consisting of funds to be redistributed from the base
890 funding of the Florida College System Program Fund, as
891 determined in the General Appropriations Act. The institutional
892 investment shall be restored for all institutions eligible for
893 the state’s investment under the performance funding model. Any
894 institution that fails to meet the board’s minimum performance
895 funding threshold will not be eligible for the state’s
896 investment, will have a portion of its institutional investment
897 withheld, and must submit an improvement plan to the board that
898 specifies the activities and strategies for improving the
899 institution’s performance.
900 (3) The State Board of Education must review the
901 improvement plan, and if approved, must monitor the
902 institution’s progress on implementing the specified activities
903 and strategies. The institutions shall submit monitoring reports
904 to the board no later than December 31 and May 31 of each year.
905 (4) The Commissioner of Education shall withhold
906 disbursement of the institutional investment until such time as
907 the monitoring report for the institution is approved by the
908 State Board of Education. Any institution that fails to make
909 satisfactory progress will not have its full institutional
910 investment restored. If all institutional investment funds are
911 not restored, any remaining funds shall be redistributed in
912 accordance with the board’s performance funding model.
913 (5) By October 1 of each year, the State Board of Education
914 shall submit to the Governor, the President of the Senate, and
915 the Speaker of the House of Representatives a report on the
916 previous year’s performance funding allocation which reflects
917 the rankings and award distributions.
918 (6) The State Board of Education shall adopt rules to
919 implement this section.
920 Section 14. Section 1012.731, Florida Statutes, is created
921 to read:
922 1012.731 The Florida Best and Brightest Teacher Scholarship
923 Program.—
924 (1) The Legislature recognizes that, second only to
925 parents, teachers play the most critical role in preparing
926 students to achieve a high level of academic performance. The
927 Legislature further recognizes that research has linked student
928 outcomes to a teacher’s own academic achievement. Therefore, it
929 is the intent of the Legislature to designate teachers who have
930 achieved high academic standards during their own education as
931 Florida’s best and brightest teacher scholars.
932 (2) There is created the Florida Best and Brightest Teacher
933 Scholarship Program to be administered by the Department of
934 Education. Beginning in the 2015-2016 school year, categorical
935 funds may be appropriated, as provided in the General
936 Appropriations Act, to award scholarships to teachers who have
937 demonstrated a high level of academic achievement.
938 (3) The State Board of Education shall adopt rules to
939 implement the program, which must include, but are not limited
940 to:
941 (a) Timeframes and requirements for submitting reports.
942 (b) Eligibility criteria for receiving the scholarship.
943 (c) Requirements for distributing scholarship funds.
944 Section 15. This act shall take effect July 1, 2015.