Florida Senate - 2019 COMMITTEE AMENDMENT
Bill No. PCS (813072) for SB 7070
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LEGISLATIVE ACTION
Senate . House
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The Committee on Appropriations (Diaz) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 212.099, Florida Statutes, is amended to
6 read:
7 212.099 Credit for contributions to eligible nonprofit
8 scholarship-funding organizations Florida Sales Tax Credit
9 Scholarship Program.—
10 (1) As used in this section, the term:
11 (a) “Eligible business” means a tenant or person actually
12 occupying, using, or entitled to the use of any property from
13 which the rental or license fee is subject to taxation under s.
14 212.031.
15 (b) “Eligible contribution” or “contribution” means a
16 monetary contribution from an eligible business to an eligible
17 nonprofit scholarship-funding organization to be used pursuant
18 to s. 1002.385 or s. 1002.395. The eligible business making the
19 contribution may not designate a specific student as the
20 beneficiary of the contribution.
21 (c) “Eligible nonprofit scholarship-funding organization”
22 or “organization” has the same meaning as provided in s.
23 1002.395(2)(f).
24 (2) An eligible business shall be granted a credit against
25 the tax imposed under s. 212.031 and collected from the eligible
26 business by a dealer. The credit shall be in an amount equal to
27 100 percent of an eligible contribution made to an organization.
28 (3) A dealer shall take a credit against the tax imposed
29 under s. 212.031 in an amount equal to the credit taken by the
30 eligible business under subsection (2).
31 (4)(a) An eligible business must apply to the department
32 for an allocation of tax credits under this section. The
33 eligible business must specify in the application the state
34 fiscal year during which the contribution will be made, the
35 organization that will receive the contribution, the planned
36 amount of the contribution, the address of the property from
37 which the rental or license fee is subject to taxation under s.
38 212.031, and the federal employer identification number of the
39 dealer who collects the tax imposed under s. 212.031 from the
40 eligible business and who will reduce collection of taxes from
41 the eligible business pursuant to this section. The department
42 shall approve allocations of tax credits on a first-come, first
43 served basis and shall provide to the eligible business a
44 separate approval or denial letter for each dealer for which the
45 eligible business applied for an allocation of tax credits.
46 Within 10 days after approving or denying an application, the
47 department shall provide a copy of its approval or denial letter
48 to the organization specified by the eligible business in the
49 application. An approval letter must include the name and
50 federal employer identification number of the dealer from whom a
51 credit under this section can be taken and the amount of tax
52 credits approved for use with that dealer.
53 (b) Upon receipt of an eligible contribution, the
54 organization shall provide the eligible business that made the
55 contribution with a separate certificate of contribution for
56 each dealer from whom a credit can be taken as approved under
57 paragraph (a). A certificate of contribution must include the
58 contributor’s name and, if available, federal employer
59 identification number, the amount contributed, the date of
60 contribution, the name of the organization, and the name and
61 federal employer identification number of the dealer.
62 (5) Each dealer that receives from an eligible business a
63 copy of the department’s approval letter and a certificate of
64 contribution, both of which identify the dealer as the dealer
65 who collects the tax imposed under s. 212.031 from the eligible
66 business and who will reduce collection of taxes from the
67 eligible business pursuant to this section, shall reduce the tax
68 collected from the eligible business under s. 212.031 by the
69 total amount of contributions indicated in the certificate of
70 contribution. The reduction may not exceed the amount of credit
71 allocation approved by the department and may not exceed the
72 amount of tax that would otherwise be collected from the
73 eligible business by a dealer when a payment is made under the
74 rental or license fee arrangement. However, payments by an
75 eligible business to a dealer may not be reduced before October
76 1, 2018.
77 (a) If the total amount of credits an eligible business may
78 take cannot be fully used within any period that a payment is
79 due under the rental or license fee arrangement because of an
80 insufficient amount of tax that the dealer would collect from
81 the eligible business during that period, the unused amount may
82 be carried forward for a period not to exceed 10 years.
83 (b) A tax credit may not be claimed on an amended return or
84 through a refund.
85 (c) A dealer that claims a tax credit must file returns and
86 pay taxes by electronic means under s. 213.755.
87 (d) An eligible business may not convey, assign, or
88 transfer an approved tax credit or a carryforward tax credit to
89 another entity unless all of the assets of the eligible business
90 are conveyed, assigned, or transferred in the same transaction
91 and the successor business continues the same lease with the
92 dealer.
93 (e) Within any state fiscal year, an eligible business may
94 rescind all or part of a tax credit approved under this section.
95 The amount rescinded shall become available for that state
96 fiscal year to another eligible business as approved by the
97 department if the business receives notice from the department
98 that the rescindment has been accepted by the department. Any
99 amount rescinded under this subsection shall become available to
100 an eligible business on a first-come, first-served basis based
101 on tax credit applications received after the date the
102 rescindment is accepted by the department.
103 (f) Within 10 days after the rescindment of a tax credit
104 under paragraph (e) is accepted by the department, the
105 department shall notify the eligible nonprofit scholarship
106 funding organization specified by the eligible business. The
107 department shall also include the eligible nonprofit
108 scholarship-funding organization specified by the eligible
109 business on all letters or correspondence of acknowledgment for
110 tax credits under this section.
111 (6) An organization shall report to the department, on or
112 before the 20th day of each month, the total amount of
113 contributions received pursuant to subsection (4) in the
114 preceding calendar month on a form provided by the department.
115 Such report shall include the amount of contributions received
116 during that reporting period and the federal employer
117 identification number of each dealer associated with the
118 contribution.
119 (7)(a) Eligible contributions may be used to fund the
120 program established under s. 1002.395 s. 1002.385 if funds
121 appropriated in a state fiscal year for the program are
122 insufficient to fund eligible students.
123 (b) If the conditions in paragraph (a) are met, the
124 organization shall first use eligible contributions received
125 during a state fiscal year to fund scholarships for students in
126 the priority set forth in s. 1002.385(12)(d). Remaining
127 contributions may be used to fund scholarships for students
128 eligible pursuant to s. 1002.395(3)(b)1. or 2.
129 (b)(c) The organization shall separately account for each
130 scholarship funded pursuant to this section.
131 (d) Notwithstanding s. 1002.385(6)(b), any funds remaining
132 from a closed scholarship account funded pursuant to this
133 section shall be used to fund other scholarships pursuant to s.
134 1002.385.
135 (c)(e) The organization may, subject to the limitations of
136 s. 1002.395(6)(j)1., use up to 3 percent of eligible
137 contributions received during the state fiscal year in which
138 such contributions are collected for administrative expenses.
139 (8) The sum of tax credits that may be approved by the
140 department in any state fiscal year is $57.5 million.
141 (9) For purposes of the distributions of tax revenue under
142 s. 212.20, the department shall disregard any tax credits
143 allowed under this section to ensure that any reduction in tax
144 revenue received that is attributable to the tax credits results
145 only in a reduction in distributions to the General Revenue
146 Fund.
147 (10) The department may adopt rules to administer this
148 section.
149 Section 2. Section 212.1832, Florida Statutes, is amended
150 to read:
151 212.1832 Credit for contributions to eligible nonprofit
152 scholarship-funding organizations the Hope Scholarship Program.—
153 (1) The purchaser of a motor vehicle shall be granted a
154 credit of 100 percent of an eligible contribution made to an
155 eligible nonprofit scholarship-funding organization under s.
156 1002.40 against any tax imposed by the state under this chapter
157 and collected from the purchaser by a dealer, designated agent,
158 or private tag agent as a result of the purchase or acquisition
159 of a motor vehicle on or after October 1, 2018, except that a
160 credit may not exceed the tax that would otherwise be collected
161 from the purchaser by a dealer, designated agent, or private tag
162 agent. For purposes of this subsection, the term “purchase” does
163 not include the lease or rental of a motor vehicle.
164 (2) A dealer shall take a credit against any tax imposed by
165 the state under this chapter on the purchase of a motor vehicle
166 in an amount equal to the credit granted to the purchaser under
167 subsection (1).
168 (3) For purposes of the distributions of tax revenue under
169 s. 212.20, the department shall disregard any tax credits
170 allowed under this section to ensure that any reduction in tax
171 revenue received that is attributable to the tax credits results
172 only in a reduction in distributions to the General Revenue
173 Fund. The provisions of s. 1002.40 apply to the credit
174 authorized by this section.
175 Section 3. Paragraph (b) of subsection (6) of section
176 1002.20, Florida Statutes, is amended to read:
177 1002.20 K-12 student and parent rights.—Parents of public
178 school students must receive accurate and timely information
179 regarding their child’s academic progress and must be informed
180 of ways they can help their child to succeed in school. K-12
181 students and their parents are afforded numerous statutory
182 rights including, but not limited to, the following:
183 (6) EDUCATIONAL CHOICE.—
184 (b) Private educational choices.—Parents of public school
185 students may seek private educational choice options under
186 certain programs established under chapter 1002.
187 1. Under the McKay Scholarships for Students with
188 Disabilities Program, the parent of a public school student with
189 a disability may request and receive a McKay Scholarship for the
190 student to attend a private school in accordance with s.
191 1002.39.
192 2. Under the Florida Tax Credit Scholarship Program, the
193 parent of a student who qualifies for free or reduced-price
194 school lunch or who is currently placed, or during the previous
195 state fiscal year was placed, in foster care as defined in s.
196 39.01 may seek a scholarship from an eligible nonprofit
197 scholarship-funding organization in accordance with s. 1002.395.
198 3. Under the Florida Personal Learning Scholarship Accounts
199 Program, the parent of a student with a qualifying disability
200 may apply for a personal learning scholarship to be used for
201 individual educational needs in accordance with s. 1002.385.
202 Section 4. Paragraph (b) of subsection (1) and subsection
203 (10) of section 1002.333, Florida Statutes, are amended to read:
204 1002.333 Persistently low-performing schools.—
205 (1) DEFINITIONS.—As used in this section, the term:
206 (b) “Persistently low-performing school” means a school
207 that has earned three consecutive grades lower than a “C,”
208 pursuant to s. 1008.34, in at least 3 of the previous 5 years
209 and has not earned a grade of “B” or higher in the most recent 2
210 school years, and a school that was closed pursuant to s.
211 1008.33(4) within 2 years after the submission of a notice of
212 intent.
213 (10) SCHOOLS OF HOPE PROGRAM.—The Schools of Hope Program
214 is created within the Department of Education.
215 (a) A school of hope is eligible to receive funds from the
216 Schools of Hope Program for the following expenditures:
217 1. Preparing teachers, school leaders, and specialized
218 instructional support personnel, including costs associated
219 with:
220 a. Providing professional development.
221 b. Hiring and compensating teachers, school leaders, and
222 specialized instructional support personnel for services beyond
223 the school day and year until the school reaches full enrollment
224 in accordance with the performance-based agreement pursuant to
225 subsection (5).
226 2. Acquiring supplies, training, equipment, and educational
227 materials, including developing and acquiring instructional
228 materials.
229 3. Providing one-time startup costs associated with
230 providing transportation to students to and from the charter
231 school.
232 4. Carrying out community engagement activities, which may
233 include paying the cost of student and staff recruitment.
234 5. Providing funds to cover the nonvoted ad valorem millage
235 that would otherwise be required for schools and the required
236 local effort funds calculated pursuant to s. 1011.62 when the
237 state board enters into an agreement with a hope operator
238 pursuant to subsection (5).
239 6. Providing funds for the initial leasing costs of a
240 school facility in the event the department determines that a
241 suitable district-owned facility is unavailable or not leased in
242 a timely manner pursuant to paragraph (7)(d).
243
244 In the event a school of hope is dissolved or is otherwise
245 terminated, all property, furnishings, and equipment purchased
246 with public funds shall automatically revert to full ownership
247 by the district school board, subject to complete satisfaction
248 of any lawful liens or encumbrances. Any unencumbered public
249 funds from the school of hope, district school board property
250 and improvements, furnishings, and equipment purchased with
251 public funds, or financial or other records pertaining to the
252 school of hope, in the possession of any person, entity, or
253 holding company, other than the charter school, shall be held in
254 trust upon the district school board’s request, until any appeal
255 status is resolved.
256 (b) A traditional public school that is required to submit
257 a plan for implementation pursuant to s. 1008.33(4) is eligible
258 to receive up to $2,000 per full-time equivalent student from
259 the Schools of Hope Program based upon the strength of the
260 school’s plan for implementation and its focus on evidence-based
261 interventions that lead to student success by providing wrap
262 around services that leverage community assets, improve school
263 and community collaboration, and develop family and community
264 partnerships. Wrap-around services include, but are not limited
265 to, tutorial and after-school programs, student counseling,
266 nutrition education, parental counseling, and adult education.
267 Plans for implementation may also include models that develop a
268 culture of attending college, high academic expectations,
269 character development, dress codes, and an extended school day
270 and school year. At a minimum, a plan for implementation must:
271 1. Establish wrap-around services that develop family and
272 community partnerships.
273 2. Establish clearly defined and measurable high academic
274 and character standards.
275 3. Increase parental involvement and engagement in the
276 child’s education.
277 4. Describe how the school district will identify, recruit,
278 retain, and reward instructional personnel. The state board may
279 waive the requirements of s. 1012.22(1)(c)5., and suspend the
280 requirements of s. 1012.34, to facilitate implementation of the
281 plan.
282 5. Identify a knowledge-rich curriculum that the school
283 will use that focuses on developing a student’s background
284 knowledge.
285 6. Provide professional development that focuses on
286 academic rigor, direct instruction, and creating high academic
287 and character standards.
288 (c) The state board shall:
289 1. Provide awards for up to 25 schools and prioritize
290 awards for plans submitted pursuant to paragraph (b) that are
291 based on whole school transformation and that are developed in
292 consultation with the school’s principal.
293 2. Annually report on the implementation of this subsection
294 in the report required by s. 1008.345(5), and provide summarized
295 academic performance reports of each traditional public school
296 receiving funds.
297 (d) Notwithstanding s. 216.301 and pursuant to s. 216.351,
298 funds allocated for the purpose of this subsection which are not
299 disbursed by June 30 of the fiscal year in which the funds are
300 allocated may be carried forward for up to 5 years after the
301 effective date of the original appropriation.
302 Section 5. Section 1002.394, Florida Statutes, is created
303 to read:
304 1002.394 The Family Empowerment Scholarship Program.—
305 (1) PURPOSE.—The Family Empowerment Scholarship Program is
306 established to provide children of families in this state which
307 have limited financial resources with educational options to
308 achieve success in their education.
309 (2) DEFINITIONS.—As used in this section, the term:
310 (a) “Department” means the Department of Education.
311 (b) “Eligible nonprofit scholarship-funding organization”
312 has the same meaning as provided in s. 1002.395(2)(f).
313 (c) “Eligible private school” has the same meaning as
314 provided in s. 1002.395(2)(g).
315 (d) “Parent” means a resident of this state who is a
316 parent, as defined in s. 1000.21.
317 (e) “Program” means the Family Empowerment Scholarship
318 Program.
319 (3) SCHOLARSHIP ELIGIBILITY.—A student is eligible for a
320 Family Empowerment Scholarship under this section if the student
321 meets the following criteria:
322 (a)1. The student is on the direct certification list
323 pursuant to s. 1002.395(2)(c) or the student’s household income
324 level does not exceed 300 percent of the federal poverty level;
325 or
326 2. The student is currently placed, or during the previous
327 state fiscal year was placed, in foster care or in out-of-home
328 care as defined in s. 39.01.
329
330 Priority shall be given to students whose household income
331 levels do not exceed 185 percent of the federal poverty level or
332 who are in foster care or out-of-home care. A student who
333 initially receives a scholarship based on eligibility under
334 subparagraph 2. remains eligible to participate until the
335 student graduates from high school or attains the age of 21
336 years, whichever occurs first, regardless of the student’s
337 household income level. A sibling of a student who is
338 participating in the scholarship program under this subsection
339 is eligible for a scholarship if the student resides in the same
340 household as the sibling.
341 (b) The student is eligible to enroll in kindergarten or
342 has spent the prior school year in attendance at a Florida
343 public school. For purposes of this paragraph, prior school year
344 in attendance means that the student was enrolled and reported
345 by a school district for funding during the preceding October
346 and February Florida Education Finance Program surveys in
347 kindergarten through grade 12, which includes time spent in a
348 Department of Juvenile Justice commitment program if funded
349 under the Florida Education Finance Program.
350
351 However, a dependent child of a member of the United States
352 Armed Forces who transfers to a school in this state from out of
353 state or from a foreign country due to a parent’s permanent
354 change of station orders or a foster child is exempt from the
355 prior public school attendance requirement under this paragraph,
356 but must meet the other eligibility requirements specified under
357 this section to participate in the program.
358 (c) The parent has obtained acceptance for admission of the
359 student to a private school that is eligible for the program
360 under subsection (8) and the parent has requested a scholarship
361 from the Department of Education at least 60 days before the
362 date of the first scholarship payment. The request must be
363 communicated directly to the department in a manner that creates
364 a written or electronic record of the request and the date of
365 receipt of the request. The department must notify the school
366 district of the parent’s intent upon receipt of the parent’s
367 request.
368 (4) TERM OF SCHOLARSHIP.—
369 (a) For purposes of continuity of educational choice, a
370 Family Empowerment Scholarship shall remain in force until the
371 student returns to a public school, graduates from high school,
372 or reaches the age of 21, whichever occurs first. A scholarship
373 student who enrolls in a public school or public school program
374 is considered to have returned to a public school for the
375 purpose of determining the end of the scholarship’s term.
376 However, if a student enters a Department of Juvenile Justice
377 detention center for a period of no more than 21 days, the
378 student is not considered to have returned to a public school
379 for that purpose.
380 (b) Upon reasonable notice to the department and the school
381 district, the student’s parent may remove the student from the
382 private school and place the student in a public school in
383 accordance with this section.
384 (c) Upon reasonable notice to the department, the student’s
385 parent may move the student from one participating private
386 school to another participating private school.
387 (5) SCHOLARSHIP PROHIBITIONS.—A student is not eligible for
388 a Family Empowerment Scholarship while he or she is:
389 (a) Enrolled in a public school, including, but not limited
390 to, the Florida School for the Deaf and the Blind; the College
391 Preparatory Boarding Academy; a developmental research school
392 authorized under s. 1002.32; or a charter school authorized
393 under chapter 1002;
394 (b) Enrolled in a school operating for the purpose of
395 providing educational services to youth in a Department of
396 Juvenile Justice commitment program;
397 (c) Receiving any other educational scholarship pursuant to
398 this chapter;
399 (d) Participating in a home education program as defined in
400 s. 1002.01(1);
401 (e) Participating in a private tutoring program pursuant to
402 s. 1002.43; or
403 (f) Participating in a virtual school, correspondence
404 school, or distance learning program that receives state funding
405 pursuant to the student’s participation.
406 (6) SCHOOL DISTRICT OBLIGATIONS.—
407 (a) By July 15, 2019, and by April 1 of each year
408 thereafter, a school district shall inform all households within
409 the district receiving free or reduced-priced meals under the
410 National School Lunch Act of their eligibility to apply to the
411 department for a Family Empowerment Scholarship. The form of
412 such notice shall be provided by the department, and the school
413 district shall include the provided form in any normal
414 correspondence with eligible households. Such notice is limited
415 to once a year.
416 (b) The school district in which a participating student
417 resides must notify the student and his or her parent about the
418 locations and times to take all statewide assessments under s.
419 1008.22 if the student chooses to participate in such
420 assessments. Upon the request of the department, a school
421 district shall coordinate with the department to provide to a
422 participating private school the statewide assessments
423 administered under s. 1008.22 and any related materials for
424 administering the assessments. For a student who participates in
425 the Family Empowerment Scholarship Program whose parent requests
426 that the student take the statewide assessments under s.
427 1008.22, the district in which the student attends a private
428 school shall provide locations and times to take all statewide
429 assessments. A school district is responsible for implementing
430 test administrations at a participating private school,
431 including the:
432 1. Provision of training for private school staff on test
433 security and assessment administration procedures;
434 2. Distribution of testing materials to a private school;
435 3. Retrieval of testing materials from a private school;
436 4. Provision of the required format for a private school to
437 submit information to the district for test administration and
438 enrollment purposes; and
439 5. Provision of any required assistance, monitoring, or
440 investigation at a private school.
441 (c) Each school district must publish information about the
442 Family Empowerment Scholarship Program on the district’s website
443 homepage. At a minimum, the published information must include a
444 website link to the Family Empowerment Scholarship Program
445 published on the Department of Education website as well as a
446 telephone number and e-mail that students and parents may use to
447 contact relevant personnel in the school district to obtain
448 information about the scholarship.
449 (7) DEPARTMENT OF EDUCATION OBLIGATIONS.—The department
450 shall:
451 (a) Publish and update, as necessary, information on the
452 department website about the Family Empowerment Scholarship
453 Program, including, but not limited to, student eligibility
454 criteria, parental responsibilities, and relevant data.
455 (b) Cross-check the list of participating scholarship
456 students with the public school enrollment lists before each
457 scholarship payment to avoid duplication.
458 (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—To be
459 eligible to participate in the Family Empowerment Scholarship
460 Program, a private school may be sectarian or nonsectarian and
461 must:
462 (a) Comply with all requirements for private schools
463 participating in state school choice scholarship programs
464 pursuant to s. 1002.421.
465 (b) Provide to the department all documentation required
466 for a student’s participation, including the private school’s
467 and student’s fee schedules, at least 30 days before any
468 quarterly scholarship payment is made for the student pursuant
469 to paragraph (11)(f). A student is not eligible to receive a
470 quarterly scholarship payment if the private school fails to
471 meet this deadline.
472 (c)1. Annually administer or make provision for students
473 participating in the program in grades 3 through 10 to take one
474 of the nationally norm-referenced tests identified by the
475 department or to take the statewide assessments pursuant to s.
476 1008.22. Students with disabilities for whom standardized
477 testing is not appropriate are exempt from this requirement. A
478 participating private school shall report a student’s scores to
479 his or her parent.
480 2. Administer the statewide assessments pursuant to s.
481 1008.22 if the private school chooses to offer the statewide
482 assessments. A participating private school may choose to offer
483 and administer the statewide assessments to all students who
484 attend the private school in grades 3 through 10 and must submit
485 a request in writing to the department by March 1 of each year
486 in order to administer the statewide assessments in the
487 subsequent school year.
488
489 If a private school fails to meet the requirements of this
490 subsection or s. 1002.421, the commissioner may determine that
491 the private school is ineligible to participate in the
492 scholarship program.
493 (9) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
494 PARTICIPATION.—A parent who applies for a Family Empowerment
495 Scholarship is exercising his or her parental option to place
496 his or her child in a private school.
497 (a) The parent must select the private school and apply for
498 the admission of his or her student.
499 (b) The parent must request the scholarship at least 60
500 days before the date of the first scholarship payment.
501 (c) The parent must inform the applicable school district
502 when the parent withdraws his or her student from a public
503 school to attend an eligible private school.
504 (d) Any student participating in the program must remain in
505 attendance throughout the school year unless excused by the
506 school for illness or other good cause.
507 (e) Each parent and each student has an obligation to the
508 private school to comply with the private school’s published
509 policies.
510 (f) The parent shall ensure that the student participating
511 in the scholarship program takes the norm-referenced assessment
512 offered by the private school. The parent may also choose to
513 have the student participate in the statewide assessments
514 pursuant to paragraph (6)(b).
515 (g) If the parent requests that the student participating
516 in the program take all statewide assessments required pursuant
517 to s. 1008.22, the parent is responsible for transporting the
518 student to the assessment site designated by the school
519 district.
520 (h) Upon receipt of a scholarship warrant, the parent to
521 whom the warrant is issued must restrictively endorse the
522 warrant to the private school for deposit into the private
523 school’s account. The parent may not designate any entity or
524 individual associated with the participating private school as
525 the parent’s attorney in fact to endorse a scholarship warrant.
526 A participant who fails to comply with this paragraph forfeits
527 the scholarship.
528 (10) OBLIGATIONS OF ELIGIBLE SCHOLARSHIP-FUNDING
529 ORGANIZATIONS.—An eligible nonprofit scholarship-funding
530 organization:
531 (a) Shall verify the household income level of students
532 pursuant to subparagraph (3)(a)1. and submit the verified list
533 of students and related documentation to the department.
534 (b) May, from eligible contributions received pursuant to
535 s. 1002.395(6)(j)1., use an amount not to exceed 1 percent of
536 the total amount of all scholarships awarded under this section
537 for administrative expenses associated with performing functions
538 under this section. Such administrative expense amount is
539 considered within the 3 percent limit on the total amount an
540 organization may use to administer scholarships under this
541 chapter.
542 (c) Must, in a timely manner, submit any information
543 requested by the department relating to the scholarship under
544 this section.
545 (d) Must notify the department about any violation of this
546 section by a parent or a private school.
547 (11) SCHOLARSHIP FUNDING AND PAYMENT.—
548 (a) The scholarship is established for up to 18,000
549 students annually on a first-come, first-served basis beginning
550 with the 2019-2020 school year. Beginning in the 2020-2021
551 school year, the number of students participating in the
552 scholarship program under this section may increase in
553 accordance with the percentage increase in the state’s public
554 school student enrollment.
555 (b) The scholarship amount provided to a student for any
556 single school year shall be for tuition and fees for an eligible
557 private school, not to exceed annual limits, which shall be
558 determined in accordance with this paragraph. The calculated
559 amount for a student to attend an eligible private school shall
560 be 95 percent of the unweighted FTE funding amount at the
561 district level for that state fiscal year and shall be adjusted
562 with each FEFP calculation through the calculation based on the
563 October survey.
564 (c) The amount of the Family Empowerment Scholarship shall
565 be the calculated amount or the amount of the private school’s
566 tuition and fees, whichever is less. The amount of any
567 assessment fee required by the participating private school may
568 be paid from the total amount of the scholarship.
569 (d) The school district shall report all students who are
570 attending a private school under this program. The students
571 attending private schools on Family Empowerment Scholarships
572 shall be reported separately from other students reported for
573 purposes of the Florida Education Finance Program.
574 (e) Following notification on July 1, September 1, December
575 1, or February 1 of the number of program participants, the
576 department shall transfer, from general revenue funds only, the
577 amount calculated pursuant to paragraph (b) to a separate
578 account for the scholarship program for quarterly disbursement
579 to parents of participating students. For a student exiting a
580 Department of Juvenile Justice commitment program who chooses to
581 participate in the scholarship program, the amount of the Family
582 Empowerment Scholarship calculated pursuant to paragraph (b)
583 must be transferred from the school district in which the
584 student last attended a public school before commitment to the
585 Department of Juvenile Justice. When a student enters the
586 scholarship program, the department must receive all
587 documentation required for the student’s participation,
588 including the private school’s and the student’s fee schedules,
589 at least 30 days before the first quarterly scholarship payment
590 is made for the student.
591 (f) Upon notification by the department that it has
592 received the documentation required under paragraph (e), the
593 Chief Financial Officer shall make scholarship payments in four
594 equal amounts no later than September 1, November 1, February 1,
595 and April 1 of each school year in which the scholarship is in
596 force. The initial payment shall be made after department
597 verification of admission acceptance, and subsequent payments
598 shall be made upon verification of continued enrollment and
599 attendance at the private school. Payment must be by individual
600 warrant made payable to the student’s parent and mailed by the
601 department to the private school of the parent’s choice, and the
602 parent shall restrictively endorse the warrant to the private
603 school for deposit into the account of the private school.
604 (g) Subsequent to each scholarship payment, the department
605 shall request from the Department of Financial Services a sample
606 of endorsed warrants to review and confirm compliance with
607 endorsement requirements.
608 (12) LIABILITY.—No liability shall arise on the part of the
609 state based on the award or use of a Family Empowerment
610 Scholarship.
611 (13) SCOPE OF AUTHORITY.—The inclusion of eligible private
612 schools within the options available to Florida public school
613 students does not expand the regulatory authority of the state,
614 its officers, or any school district to impose any additional
615 regulation of private schools beyond those reasonably necessary
616 to enforce requirements expressly set forth in this section.
617 (14) RULES.—The State Board of Education shall adopt rules
618 pursuant to ss. 120.536(1) and 120.54 to administer this
619 section.
620 (15) IMPLEMENTATION SCHEDULE FOR THE 2019-2020 SCHOOL
621 YEAR.—Notwithstanding the provisions of this section related to
622 notification requirements and eligibility timelines, for the
623 2019-2020 school year:
624 (a) A student is eligible for a Family Empowerment
625 Scholarship under this section if the student’s parent has
626 obtained acceptance of the student’s admission to a private
627 school that is eligible for the program under subsection (8) and
628 the parent has requested a scholarship from the Department of
629 Education no later than August 15, 2019. The request must be
630 communicated directly to the department in a manner that creates
631 a written or electronic record of the request and the date of
632 receipt of the request.
633 (b) The department shall expedite the publication of
634 information relevant to the Family Empowerment Scholarship
635 Program on the department’s website, including, but not limited
636 to, the eligibility criteria for students to qualify for the
637 scholarship under this section and how parents may request the
638 scholarship. The department must immediately notify the school
639 district of the parent’s intent upon receipt of the parent’s
640 request.
641 (c) Upon notification by the department that it has
642 received the documentation required under paragraph (10)(a), the
643 Chief Financial Officer shall make the first quarter payment of
644 scholarships no later than October 1, 2019.
645
646 This subsection shall expire June 30, 2020.
647 Section 6. Paragraph (g) of subsection (13) of section
648 1002.385, Florida Statutes, is amended to read:
649 1002.385 The Gardiner Scholarship.—
650 (13) FUNDING AND PAYMENT.—
651 (g) In addition to funds appropriated for scholarship
652 awards and subject to a separate, specific legislative
653 appropriation, an organization may receive an amount equivalent
654 to not more than 3 percent of the amount of each scholarship
655 award from state funds for administrative expenses if the
656 organization has operated as a nonprofit entity for at least the
657 preceding 3 fiscal years and did not have any findings of
658 material weakness or material noncompliance in its most recent
659 audit under s. 1002.395(6)(m). Such administrative expenses must
660 be reasonable and necessary for the organization’s management
661 and distribution of scholarships under this section. Funds
662 authorized under this paragraph may not be used for lobbying or
663 political activity or expenses related to lobbying or political
664 activity. An organization may not charge an application fee for
665 a scholarship. Administrative expenses may not be deducted from
666 funds appropriated for scholarship awards.
667 Section 7. Subsection (3), paragraphs (d) and (j) of
668 subsection (6), and paragraph (a) of subsection (11) of section
669 1002.395, Florida Statutes, are amended to read:
670 1002.395 Florida Tax Credit Scholarship Program.—
671 (3) PROGRAM; SCHOLARSHIP ELIGIBILITY.—
672 (a) The Florida Tax Credit Scholarship Program is
673 established.
674 (b) A student is eligible for a Florida tax credit
675 scholarship under this section if the student meets one or more
676 of the following criteria:
677 1. The student is on the direct certification list or the
678 student’s household income level does not exceed 185 percent of
679 the federal poverty level; or
680 2. The student is currently placed, or during the previous
681 state fiscal year was placed, in foster care or in out-of-home
682 care as defined in s. 39.01.
683 3. The student’s household income level is greater than 185
684 percent of the federal poverty level but does not exceed 260
685 percent of the federal poverty level.
686
687 A student who initially receives a scholarship based on
688 eligibility under subparagraph (b)2. remains eligible to
689 participate until the student graduates from high school or
690 attains the age of 21 years, whichever occurs first, regardless
691 of the student’s household income level. A student who initially
692 received a scholarship based on income eligibility before the
693 2019-2020 school year remains eligible to participate until he
694 or she graduates from high school, attains the age of 21 years,
695 or the student’s household income level exceeds 260 percent of
696 the federal poverty level, whichever occurs first. A sibling of
697 a student who is participating in the scholarship program under
698 this subsection is eligible for a scholarship if the student
699 resides in the same household as the sibling.
700 (6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING
701 ORGANIZATIONS.—An eligible nonprofit scholarship-funding
702 organization:
703 (d) Must provide scholarships, from eligible contributions,
704 to eligible students for the cost of:
705 1. Tuition and fees for an eligible private school; or
706 2. Transportation to a Florida public school in which a
707 student is enrolled and that is different from the school to
708 which the student was assigned that is located outside the
709 district in which the student resides or to a lab school as
710 defined in s. 1002.32.
711 (j)1. May use up to 3 percent of eligible contributions
712 received pursuant to this section and ss. 212.099, 212.1832, and
713 1002.40 during the state fiscal year in which such contributions
714 are collected for administrative expenses if the organization
715 has operated as an eligible nonprofit scholarship-funding
716 organization for at least the preceding 3 fiscal years and did
717 not have any findings of material weakness or material
718 noncompliance in its most recent audit under paragraph (m).
719 Administrative expenses from eligible contributions may not
720 exceed 3 percent of the total amount of all scholarships awarded
721 by an eligible scholarship-funding organization under this
722 chapter. Such administrative expenses must be reasonable and
723 necessary for the organization’s management and distribution of
724 scholarships awarded eligible contributions under this chapter
725 section. No funds authorized under this subparagraph shall be
726 used for lobbying or political activity or expenses related to
727 lobbying or political activity. Up to one-third of the funds
728 authorized for administrative expenses under this subparagraph
729 may be used for expenses related to the recruitment of
730 contributions from taxpayers. An eligible nonprofit scholarship
731 funding organization may not charge an application fee.
732 2. Must expend for annual or partial-year scholarships an
733 amount equal to or greater than 75 percent of the net eligible
734 contributions remaining after administrative expenses during the
735 state fiscal year in which such contributions are collected. No
736 more than 25 percent of such net eligible contributions may be
737 carried forward to the following state fiscal year. All amounts
738 carried forward, for audit purposes, must be specifically
739 identified for particular students, by student name and the name
740 of the school to which the student is admitted, subject to the
741 requirements of ss. 1002.22 and 1002.221 and 20 U.S.C. s. 1232g,
742 and the applicable rules and regulations issued pursuant
743 thereto. Any amounts carried forward shall be expended for
744 annual or partial-year scholarships in the following state
745 fiscal year. No later than September 30 of each year, net
746 eligible contributions remaining on June 30 of each year that
747 are in excess of the 25 percent that may be carried forward
748 shall be used to provide scholarships to eligible students or
749 transferred to other eligible nonprofit scholarship-funding
750 organizations to provide scholarships for eligible students. All
751 transferred funds must be deposited by each eligible nonprofit
752 scholarship-funding organization receiving such funds into its
753 scholarship account. All transferred amounts received by any
754 eligible nonprofit scholarship-funding organization must be
755 separately disclosed in the annual financial audit required
756 under paragraph (m).
757 3. Must, before granting a scholarship for an academic
758 year, document each scholarship student’s eligibility for that
759 academic year. A scholarship-funding organization may not grant
760 multiyear scholarships in one approval process.
761
762 Information and documentation provided to the Department of
763 Education and the Auditor General relating to the identity of a
764 taxpayer that provides an eligible contribution under this
765 section shall remain confidential at all times in accordance
766 with s. 213.053.
767 (11) SCHOLARSHIP AMOUNT AND PAYMENT.—
768 (a) Except as provided in subparagraph 2., The scholarship
769 amount provided to any student for any single school year by an
770 eligible nonprofit scholarship-funding organization from
771 eligible contributions shall be for total costs authorized under
772 paragraph (6)(d), not to exceed annual limits, which shall be
773 determined as follows:
774 1.a. For The base amount awarded to a student who received
775 a scholarship in the 2018-2019 school year, who remains
776 eligible, and who is enrolled in an eligible private school, the
777 amount shall be the greater amount calculated pursuant to
778 subparagraph 2. or determined as a percentage of the unweighted
779 FTE funding amount for the 2018-2019 that state fiscal year and
780 thereafter as follows:
781 a.(I) Eighty-eight percent for a student enrolled in
782 kindergarten through grade 5.
783 b.(II) Ninety-two percent for a student enrolled in grade 6
784 through grade 8.
785 c.(III) Ninety-six percent for a student enrolled in grade
786 9 through grade 12.
787 2. For students initially eligible in the 2019-2020 school
788 year or thereafter, the calculated amount for a student to
789 attend an eligible private school shall be 95 percent of the
790 unweighted FTE funding amount at the district level for that
791 state fiscal year and shall be adjusted with each FEFP
792 calculation through the calculation based on the October survey.
793 3.b. The scholarship amount awarded to a student enrolled
794 in a Florida public school in which a student is enrolled and
795 that is different from the school to which the student was
796 assigned that is located outside the district in which the
797 student resides or in a lab school as defined in s. 1002.32, is
798 limited to $750.
799 2. The annual limit for a scholarship under sub
800 subparagraph 1.a. shall be reduced by:
801 a. Twelve percent if the student’s household income level
802 is greater than or equal to 200 percent, but less than 215
803 percent, of the federal poverty level.
804 b. Twenty-six percent if the student’s household income
805 level is greater than or equal to 215 percent, but less than 230
806 percent, of the federal poverty level.
807 c. Forty percent if the student’s household income level is
808 greater than or equal to 230 percent, but less than 245 percent,
809 of the federal poverty level.
810 d. Fifty percent if the student’s household income level is
811 greater than or equal to 245 percent, but less than or equal to
812 260 percent, of the federal poverty level.
813 Section 8. Paragraph (i) is added to subsection (11) of
814 section 1002.40, Florida Statutes, and paragraphs (a) and (g) of
815 subsection (11) and paragraph (a) of subsection (13) of that
816 section are amended, to read:
817 1002.40 The Hope Scholarship Program.—
818 (11) FUNDING AND PAYMENT.—
819 (a) The calculated amount for a student to attend an
820 eligible private school shall be 95 percent of the unweighted
821 FTE funding amount at the district level for that state fiscal
822 year and shall be adjusted with each FEFP calculation through
823 the calculation based on the October survey. The maximum amount
824 awarded to a student enrolled in an eligible private school
825 shall be determined as a percentage of the unweighted FTE
826 funding amount for that state fiscal year and thereafter as
827 follows:
828 1. Eighty-eight percent for a student enrolled in
829 kindergarten through grade 5.
830 2. Ninety-two percent for a student enrolled in grade 6
831 through grade 8.
832 3. Ninety-six percent for a student enrolled in grade 9
833 through grade 12.
834 (g) An eligible nonprofit scholarship-funding organization,
835 subject to the limitations of s. 1002.395(6)(j)1., may use up to
836 3 percent of eligible contributions received during the state
837 fiscal year in which such contributions are collected for
838 administrative expenses if the organization has operated as an
839 eligible nonprofit scholarship-funding organization for at least
840 the preceding 3 fiscal years and did not have any findings of
841 material weakness or material noncompliance in its most recent
842 audit under s. 1002.395(6)(m). Such administrative expenses must
843 be reasonable and necessary for the organization’s management
844 and distribution of eligible contributions under this section.
845 Funds authorized under this paragraph may not be used for
846 lobbying or political activity or expenses related to lobbying
847 or political activity. Up to one-third of the funds authorized
848 for administrative expenses under this paragraph may be used for
849 expenses related to the recruitment of contributions. An
850 eligible nonprofit scholarship-funding organization may not
851 charge an application fee.
852 (i) Notwithstanding s. 1002.395(6)(j)2., no more than 5
853 percent of net eligible contributions may be carried forward to
854 the following state fiscal year by an eligible scholarship
855 funding organization. For audit purposes, all amounts carried
856 forward must be specifically identified for individual students
857 by student name and by the name of the school to which the
858 student is admitted, subject to the requirements of ss. 1002.21
859 and 1002.22 and 20 U.S.C. s. 1232g, and the applicable rules and
860 regulations issued pursuant to such requirements. Any amounts
861 carried forward shall be expended for annual scholarships or
862 partial-year scholarships in the following state fiscal year.
863 Net eligible contributions remaining on June 30 of each year
864 which are in excess of the 5 percent that may be carried forward
865 shall be transferred to other eligible nonprofit scholarship
866 funding organizations participating in the Hope Scholarship
867 Program to provide scholarships for eligible students. All
868 transferred funds must be deposited by each eligible nonprofit
869 scholarship-funding organization receiving such funds into the
870 scholarship account of eligible students. All transferred
871 amounts received by an eligible nonprofit scholarship-funding
872 organization must be separately disclosed in the annual
873 financial audit requirement under s. 1002.395(6)(m). If no other
874 eligible nonprofit scholarship-funding organization participates
875 in the Hope Scholarship Program, net eligible contributions in
876 excess of the 5 percent may be used to fund scholarships for
877 students eligible under s. 1002.395(3).
878 (13) SCHOLARSHIP FUNDING TAX CREDITS.—
879 (a) A tax credit is available under s. 212.1832(1) for use
880 by a person that makes an eligible contribution. Eligible
881 contributions shall be used to fund scholarships under this
882 section and may be used to fund scholarships under s. 1002.395.
883 Each eligible contribution is limited to a single payment of
884 $105 per motor vehicle purchased at the time of purchase of a
885 motor vehicle or a single payment of $105 per motor vehicle
886 purchased at the time of registration of a motor vehicle that
887 was not purchased from a dealer, except that a contribution may
888 not exceed the state tax imposed under chapter 212 that would
889 otherwise be collected from the purchaser by a dealer,
890 designated agent, or private tag agent. Payments of
891 contributions shall be made to a dealer at the time of purchase
892 of a motor vehicle or to a designated agent or private tag agent
893 at the time of registration of a motor vehicle that was not
894 purchased from a dealer. An eligible contribution shall be
895 accompanied by a contribution election form provided by the
896 Department of Revenue. The form shall include, at a minimum, the
897 following brief description of the Hope Scholarship Program and
898 the Florida Tax Credit Scholarship Program: “THE HOPE
899 SCHOLARSHIP PROGRAM PROVIDES A PUBLIC SCHOOL STUDENT WHO WAS
900 SUBJECTED TO AN INCIDENT OF VIOLENCE OR BULLYING AT SCHOOL THE
901 OPPORTUNITY TO APPLY FOR A SCHOLARSHIP TO ATTEND AN ELIGIBLE
902 PRIVATE SCHOOL RATHER THAN REMAIN IN AN UNSAFE SCHOOL
903 ENVIRONMENT. THE FLORIDA TAX CREDIT SCHOLARSHIP PROGRAM PROVIDES
904 A LOW-INCOME STUDENT THE OPPORTUNITY TO APPLY FOR A SCHOLARSHIP
905 TO ATTEND AN ELIGIBLE PRIVATE SCHOOL.” The form shall also
906 include, at a minimum, a section allowing the consumer to
907 designate, from all participating scholarship funding
908 organizations, which organization will receive his or her
909 donation. For purposes of this subsection, the term “purchase”
910 does not include the lease or rental of a motor vehicle.
911 Section 9. Paragraphs (a) and (g) of subsection (7) of
912 section 1002.411, Florida Statutes, are amended to read:
913 1002.411 Reading scholarship accounts.—
914 (7) ACCOUNT FUNDING AND PAYMENT.—
915 (a) For the 2018-2019 school year, The amount of the
916 scholarship shall be $500 per eligible student. Thereafter, the
917 maximum amount granted for an eligible student shall be as
918 provided in the General Appropriations Act.
919 (g) In addition to funds appropriated for scholarships and
920 subject to a separate, specific legislative appropriation, an
921 organization may receive an amount equivalent to not more than 3
922 percent of the amount of each scholarship from state funds for
923 administrative expenses if the organization has operated as a
924 nonprofit entity for at least the preceding 3 fiscal years and
925 did not have any findings of material weakness or material
926 noncompliance in its most recent audit under s. 1002.395. Such
927 administrative expenses must be reasonable and necessary for the
928 organization’s management and distribution of scholarships under
929 this section. Funds authorized under this paragraph may not be
930 used for lobbying or political activity or expenses related to
931 lobbying or political activity. An organization may not charge
932 an application fee for a scholarship. Administrative expenses
933 may not be deducted from funds appropriated for scholarships.
934 Section 10. Part VII of chapter 1003, Florida Statutes,
935 consisting of s. 1003.64, Florida Statutes, is created and
936 entitled “Public School Innovation.”
937 1003.64 Community School Grant Program.—It is the intent of
938 the Legislature to improve student success and well-being by
939 engaging and supporting parents and community organizations in
940 their efforts to positively impact student learning and
941 development.
942 (1) PURPOSE.—The Community School Grant Program is
943 established to fund and support the planning and implementation
944 of community school programs, subject to legislative
945 appropriation.
946 (2) DEFINITIONS.—
947 (a) “Center” means the Center for Community Schools at the
948 University of Central Florida.
949 (b) “Community organization” means a nonprofit organization
950 that has been in existence for at least 3 years and serves
951 individuals within a county in which a public school
952 implementing the community school model is located. The
953 community organization serves as the lead partner in the
954 community school model and facilitates the use of grant funds
955 under this section.
956 (c) “Community school model” means a school service model
957 developed by the center which utilizes a long-term partnership
958 among a school district, a community organization, a college or
959 university, and a health care provider to establish, develop,
960 and sustain a system for addressing student, family, and
961 community needs during and outside of the school day. The model
962 must establish a collaborative governance structure among the
963 community partners for providing services and include standards
964 for effective implementation, reporting, and evaluation at each
965 participating school. The governance structure may include other
966 community leaders such as parent-teacher organizations,
967 community businesses, and faith leaders. The model must also
968 provide for family engagement and expanded learning
969 opportunities and support for students. A community school may
970 include, but is not limited to, a community partnership school.
971 (3) GRANT PROGRAM.—Contingent upon available funds, the
972 center may facilitate the implementation of its community school
973 model in the state through grants that enable community
974 organizations to establish long-term partnerships and secure
975 resources for planning, staffing, and providing services to
976 students and families through the community school model. The
977 center shall:
978 (a) Require a participating public school to establish
979 long-term partnerships through a memorandum of understanding.
980 After receiving a grant award under this section, the center
981 shall condition the award of grant funds in the subsequent years
982 upon the matching funds secured through the long-term
983 partnerships.
984 (b) Prioritize awards based on demonstration of the
985 technical and financial ability to sustain the community school
986 model beyond an initial grant award. For planning grant awards,
987 priority must be given to school districts in which the
988 community school model has not been established and which
989 demonstrate the technical and financial ability to sustain the
990 community school model.
991 (4) REPORTING.—Beginning with September 1, 2020, and
992 annually thereafter, the center shall publish on its website
993 information on each community organization receiving a grant
994 from the center to implement the community school model. The
995 information must include:
996 (a) The amount of grant funds provided through the center
997 for each participating school and the amount of matching funds
998 provided by the community organization for each year the
999 community organization has received a grant for that school.
1000 (b) The long-term partners who have entered into a
1001 memorandum of understanding for implementing the community
1002 school model pursuant to paragraph (2)(c).
1003 (c) A description of the services and community engagement
1004 activities provided through the community school model.
1005 (d) The number of students, families, and community members
1006 served through the community school model.
1007 (e) The academic progress of students enrolled at the
1008 public school, including student progression data, attendance,
1009 behavior, and student achievement and learning gains on
1010 statewide, standardized assessments as determined pursuant to s.
1011 1008.34.
1012 Section 11. Paragraph (b) of subsection (2), paragraphs
1013 (a), (b), and (e) of subsection (4), and paragraphs (c) and (d)
1014 of subsection (5) of section 1004.04, Florida Statutes, are
1015 amended to read:
1016 1004.04 Public accountability and state approval for
1017 teacher preparation programs.—
1018 (2) UNIFORM CORE CURRICULA AND CANDIDATE ASSESSMENT.—
1019 (b) The rules to establish uniform core curricula for each
1020 state-approved teacher preparation program must include, but are
1021 not limited to, the following:
1022 1. Candidate instruction and assessment in the Florida
1023 Educator Accomplished Practices across content areas.
1024 2. The use of state-adopted content standards to guide
1025 curricula and instruction.
1026 3. Scientifically researched and evidence-based reading
1027 instructional strategies that improve reading performance for
1028 all students, including explicit, systematic, and sequential
1029 approaches to teaching phonemic awareness, phonics, vocabulary,
1030 fluency, and text comprehension and multisensory intervention
1031 strategies.
1032 4. Content literacy and mathematics practices.
1033 5. Strategies appropriate for the instruction of English
1034 language learners.
1035 6. Strategies appropriate for the instruction of students
1036 with disabilities.
1037 7. Strategies to differentiate instruction based on student
1038 needs School safety.
1039 8. The use of character-based classroom management.
1040 (4) CONTINUED PROGRAM APPROVAL.—Continued approval of a
1041 teacher preparation program shall be based upon evidence that
1042 the program continues to implement the requirements for initial
1043 approval and upon significant, objective, and quantifiable
1044 measures of the program and the performance of the program
1045 completers.
1046 (a) The criteria for continued approval must include each
1047 of the following:
1048 1. Documentation from the program that each program
1049 candidate met the admission requirements provided in subsection
1050 (3).
1051 2. Documentation from the program that the program and each
1052 program completer have met the requirements provided in
1053 subsection (2).
1054 3. Evidence of performance in each of the following areas:
1055 a. Placement rate of program completers into instructional
1056 positions in Florida public schools and private schools, if
1057 available.
1058 b. Rate of retention for employed program completers in
1059 instructional positions in Florida public schools.
1060 c. Performance of students in prekindergarten through grade
1061 12 who are assigned to in-field program completers on statewide
1062 assessments using the results of the student learning growth
1063 formula adopted under s. 1012.34.
1064 d. Performance of students in prekindergarten through grade
1065 12 who are assigned to in-field program completers aggregated by
1066 student subgroup, as defined in the federal Elementary and
1067 Secondary Education Act (ESEA), 20 U.S.C. s.
1068 6311(b)(2)(C)(v)(II), as a measure of how well the program
1069 prepares teachers to work with a diverse population of students
1070 in a variety of settings in Florida public schools.
1071 e. Results of program completers’ annual evaluations in
1072 accordance with the timeline as set forth in s. 1012.34.
1073 f. Production of program completers in statewide critical
1074 teacher shortage areas as identified in s. 1012.07.
1075 4. Results of the program completers’ survey measuring
1076 their satisfaction with preparation for the realities of the
1077 classroom.
1078 5. Results of the employers’ survey measuring satisfaction
1079 with the program and the program’s responsiveness to local
1080 school districts.
1081 (b) The State Board of Education shall adopt rules for
1082 continued approval of teacher preparation programs which include
1083 the program review process, the continued approval timelines,
1084 and the performance level targets for each of the continued
1085 approval criteria in paragraph (a). Additional criteria may be
1086 approved by the State Board of Education. Such criteria may
1087 include a program completer’s satisfaction with instruction and
1088 an employer’s satisfaction with, and the program’s
1089 responsiveness to, local school districts. The Commissioner of
1090 Education shall determine the continued approval of each program
1091 based on the data collected pursuant to this section and the
1092 rules of the State Board of Education.
1093 (e) Each Florida public and private institution that offers
1094 a state-approved teacher preparation program must annually
1095 report information regarding its approved programs to the state
1096 and the general public. The report to the state must include a
1097 list of candidates who are admitted to, who are enrolled in, or
1098 who complete a teacher preparation program; additional evidence
1099 necessary to document requirements for continued approval; and
1100 data necessary to complete applicable federal reporting
1101 requirements. The state reporting requirements must minimize a
1102 program’s reporting burden whenever possible without
1103 compromising data quality. The report to the general public must
1104 include, at a minimum, the annual progress data reported by the
1105 state under this paragraph and results of the surveys required
1106 under paragraph (a), and may include other information chosen by
1107 the institution or program.
1108 (5) PRESERVICE FIELD EXPERIENCE.—All postsecondary
1109 instructors, school district personnel and instructional
1110 personnel, and school sites preparing instructional personnel
1111 through preservice field experience courses and internships
1112 shall meet special requirements. District school boards may pay
1113 student teachers during their internships.
1114 (c) Preservice field experience must fully prepare a
1115 candidate to manage a classroom by requiring the include
1116 candidate to practice and demonstrate demonstration of the
1117 uniform core curricula specific to the candidate’s candidates’
1118 area or areas of program concentration with a diverse population
1119 of students in a variety of challenging environments, including,
1120 but not limited to, high-poverty schools, urban schools, and
1121 rural schools settings. The length of structured field
1122 experiences may be extended to ensure that candidates achieve
1123 the competencies needed to meet certification requirements.
1124 (d) Postsecondary teacher preparation programs in
1125 cooperation with district school boards and approved private
1126 school associations shall select the school sites for preservice
1127 field experience activities based upon the qualifications of the
1128 supervising personnel as described in this subsection and the
1129 needs of the candidates. These sites must represent the full
1130 spectrum of school communities, including, but not limited to,
1131 schools serving low-achieving students located in urban
1132 settings. In order to be selected, school sites must demonstrate
1133 commitment to the education of public school students and to the
1134 preparation of future teachers.
1135 Section 12. Paragraph (a) of subsection (3) and subsection
1136 (5) of section 1004.85, Florida Statutes, are amended to read:
1137 1004.85 Postsecondary educator preparation institutes.—
1138 (3) Educator preparation institutes approved pursuant to
1139 this section may offer competency-based certification programs
1140 specifically designed for noneducation major baccalaureate
1141 degree holders to enable program participants to meet the
1142 educator certification requirements of s. 1012.56. An educator
1143 preparation institute choosing to offer a competency-based
1144 certification program pursuant to the provisions of this section
1145 must implement a program previously approved by the Department
1146 of Education for this purpose or a program developed by the
1147 institute and approved by the department for this purpose.
1148 Approved programs shall be available for use by other approved
1149 educator preparation institutes.
1150 (a) Within 90 days after receipt of a request for approval,
1151 the Department of Education shall approve a preparation program
1152 pursuant to the requirements of this subsection or issue a
1153 statement of the deficiencies in the request for approval. The
1154 department shall approve a certification program if the
1155 institute provides evidence of the institute’s capacity to
1156 implement a competency-based program that includes each of the
1157 following:
1158 1.a. Participant instruction and assessment in the Florida
1159 Educator Accomplished Practices across content areas.
1160 b. The use of state-adopted student content standards to
1161 guide curriculum and instruction.
1162 c. Scientifically researched and evidence-based reading
1163 instructional strategies that improve reading performance for
1164 all students, including explicit, systematic, and sequential
1165 approaches to teaching phonemic awareness, phonics, vocabulary,
1166 fluency, and text comprehension and multisensory intervention
1167 strategies.
1168 d. Content literacy and mathematical practices.
1169 e. Strategies appropriate for instruction of English
1170 language learners.
1171 f. Strategies appropriate for instruction of students with
1172 disabilities.
1173 g. Strategies to differentiate instruction based on student
1174 needs School safety.
1175 h. The use of character-based classroom management.
1176 2. An educational plan for each participant to meet
1177 certification requirements and demonstrate his or her ability to
1178 teach the subject area for which the participant is seeking
1179 certification, which is based on an assessment of his or her
1180 competency in the areas listed in subparagraph 1.
1181 3. Field experiences appropriate to the certification
1182 subject area specified in the educational plan with a diverse
1183 population of students in a variety of challenging environments,
1184 including, but not limited to, high-poverty schools, urban
1185 schools, and rural schools, settings under the supervision of
1186 qualified educators.
1187 4. A certification ombudsman to facilitate the process and
1188 procedures required for participants who complete the program to
1189 meet any requirements related to the background screening
1190 pursuant to s. 1012.32 and educator professional or temporary
1191 certification pursuant to s. 1012.56.
1192 (5) Each institute approved pursuant to this section shall
1193 submit to the Department of Education annual performance
1194 evaluations that measure the effectiveness of the programs,
1195 including the pass rates of participants on all examinations
1196 required for teacher certification, employment rates,
1197 longitudinal retention rates, and employer satisfaction surveys
1198 of employers and candidates. The employer satisfaction surveys
1199 must be designed to measure the sufficient preparation of the
1200 educator for the realities of to enter the classroom and the
1201 institute’s responsiveness to local school districts. These
1202 evaluations shall be used by the Department of Education for
1203 purposes of continued approval of an educator preparation
1204 institute’s certification program.
1205 Section 13. Paragraphs (a) and (d) of subsection (4) of
1206 section 1008.33, Florida Statutes, are amended to read:
1207 1008.33 Authority to enforce public school improvement.—
1208 (4)(a) The state board shall apply intensive intervention
1209 and support strategies tailored to the needs of schools earning
1210 two consecutive grades of “D” or a grade of “F.” In the first
1211 full school year after a school initially earns two consecutive
1212 grades of “D” or a grade of “F,” the school district must
1213 immediately implement intervention and support strategies
1214 prescribed in rule under paragraph (3)(c) and, by September 1,
1215 provide the department with the memorandum of understanding
1216 negotiated pursuant to s. 1001.42(21) and, by October 1, a
1217 district-managed turnaround plan for approval by the state
1218 board. The district-managed turnaround plan may include a
1219 proposal for the district to implement an extended school day, a
1220 summer program, or a combination of an extended school day and a
1221 summer program. Upon approval by the state board, the school
1222 district must implement the plan for the remainder of the school
1223 year and continue the plan for 1 full school year. The state
1224 board may allow a school an additional year of implementation
1225 before the school must implement a turnaround option required
1226 under paragraph (b) if it determines that the school is likely
1227 to improve to a grade of “C” or higher after the first full
1228 school year of implementation.
1229 (d) If a school earning two consecutive grades of “D” or a
1230 grade of “F” does not improve to a grade of “C” or higher after
1231 2 full school years of implementing the turnaround option
1232 selected by the school district under paragraph (b), the school
1233 district must implement another turnaround option.
1234 Implementation of the turnaround option must begin the school
1235 year following the implementation period of the existing
1236 turnaround option, unless the state board determines that the
1237 school is likely to improve to a grade of “C” or higher if
1238 additional time is provided to implement the existing turnaround
1239 option.
1240 Section 14. Present subsections (18) and (19) of section
1241 1011.62, Florida Statutes, are redesignated as subsections (19)
1242 and (20), respectively, a new subsection (18) and subsection
1243 (21) are added to that section, and paragraph (a) of subsection
1244 (4), subsection (11), paragraph (d) of subsection (13), (14),
1245 and (17) of that section are amended, to read:
1246 1011.62 Funds for operation of schools.—If the annual
1247 allocation from the Florida Education Finance Program to each
1248 district for operation of schools is not determined in the
1249 annual appropriations act or the substantive bill implementing
1250 the annual appropriations act, it shall be determined as
1251 follows:
1252 (4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.—The
1253 Legislature shall prescribe the aggregate required local effort
1254 for all school districts collectively as an item in the General
1255 Appropriations Act for each fiscal year. The amount that each
1256 district shall provide annually toward the cost of the Florida
1257 Education Finance Program for kindergarten through grade 12
1258 programs shall be calculated as follows:
1259 (a) Estimated taxable value calculations.—
1260 1.a. Not later than 2 working days before July 19, the
1261 Department of Revenue shall certify to the Commissioner of
1262 Education its most recent estimate of the taxable value for
1263 school purposes in each school district and the total for all
1264 school districts in the state for the current calendar year
1265 based on the latest available data obtained from the local
1266 property appraisers. The value certified shall be the taxable
1267 value for school purposes for that year, and no further
1268 adjustments shall be made, except those made pursuant to
1269 paragraphs (c) and (d), or an assessment roll change required by
1270 final judicial decisions as specified in paragraph (19)(b)
1271 (18)(b). Not later than July 19, the Commissioner of Education
1272 shall compute a millage rate, rounded to the next highest one
1273 one-thousandth of a mill, which, when applied to 96 percent of
1274 the estimated state total taxable value for school purposes,
1275 would generate the prescribed aggregate required local effort
1276 for that year for all districts. The Commissioner of Education
1277 shall certify to each district school board the millage rate,
1278 computed as prescribed in this subparagraph, as the minimum
1279 millage rate necessary to provide the district required local
1280 effort for that year.
1281 b. The General Appropriations Act shall direct the
1282 computation of the statewide adjusted aggregate amount for
1283 required local effort for all school districts collectively from
1284 ad valorem taxes to ensure that no school district’s revenue
1285 from required local effort millage will produce more than 90
1286 percent of the district’s total Florida Education Finance
1287 Program calculation as calculated and adopted by the
1288 Legislature, and the adjustment of the required local effort
1289 millage rate of each district that produces more than 90 percent
1290 of its total Florida Education Finance Program entitlement to a
1291 level that will produce only 90 percent of its total Florida
1292 Education Finance Program entitlement in the July calculation.
1293 2. On the same date as the certification in sub
1294 subparagraph 1.a., the Department of Revenue shall certify to
1295 the Commissioner of Education for each district:
1296 a. Each year for which the property appraiser has certified
1297 the taxable value pursuant to s. 193.122(2) or (3), if
1298 applicable, since the prior certification under sub-subparagraph
1299 1.a.
1300 b. For each year identified in sub-subparagraph a., the
1301 taxable value certified by the appraiser pursuant to s.
1302 193.122(2) or (3), if applicable, since the prior certification
1303 under sub-subparagraph 1.a. This is the certification that
1304 reflects all final administrative actions of the value
1305 adjustment board.
1306 (11) VIRTUAL EDUCATION CONTRIBUTION.—The Legislature may
1307 annually provide in the Florida Education Finance Program a
1308 virtual education contribution. The amount of the virtual
1309 education contribution shall be the difference between the
1310 amount per FTE established in the General Appropriations Act for
1311 virtual education and the amount per FTE for each district and
1312 the Florida Virtual School, which may be calculated by taking
1313 the sum of the base FEFP allocation, the discretionary local
1314 effort, the state-funded discretionary contribution, the
1315 discretionary millage compression supplement, the research-based
1316 reading instruction allocation, best and brightest teacher and
1317 principal allocation, and the instructional materials
1318 allocation, and then dividing by the total unweighted FTE. This
1319 difference shall be multiplied by the virtual education
1320 unweighted FTE for programs and options identified in s.
1321 1002.455 and the Florida Virtual School and its franchises to
1322 equal the virtual education contribution and shall be included
1323 as a separate allocation in the funding formula.
1324 (13) FEDERALLY CONNECTED STUDENT SUPPLEMENT.—The federally
1325 connected student supplement is created to provide supplemental
1326 funding for school districts to support the education of
1327 students connected with federally owned military installations,
1328 National Aeronautics and Space Administration (NASA) real
1329 property, and Indian lands. To be eligible for this supplement,
1330 the district must be eligible for federal Impact Aid Program
1331 funds under s. 8003 of Title VIII of the Elementary and
1332 Secondary Education Act of 1965. The supplement shall be
1333 allocated annually to each eligible school district in the
1334 General Appropriations Act. The supplement shall be the sum of
1335 the student allocation and an exempt property allocation.
1336 (d) The amount allocated for each eligible school district
1337 shall be recalculated during the year using actual student
1338 membership, as amended, from the most recent February survey and
1339 the tax-exempt valuation from the most recent assessment roll.
1340 Upon recalculation, if the total allocation is greater than the
1341 amount provided in the General Appropriations Act, it must be
1342 prorated to the level of the appropriation based on each
1343 district’s share of the total recalculated amount.
1344 (14) QUALITY ASSURANCE GUARANTEE.—The Legislature may
1345 annually in the General Appropriations Act determine a
1346 percentage increase in funds per K-12 unweighted FTE as a
1347 minimum guarantee to each school district. The guarantee shall
1348 be calculated from prior year base funding per unweighted FTE
1349 student which shall include the adjusted FTE dollars as provided
1350 in subsection (19) (18), quality guarantee funds, and actual
1351 nonvoted discretionary local effort from taxes. From the base
1352 funding per unweighted FTE, the increase shall be calculated for
1353 the current year. The current year funds from which the
1354 guarantee shall be determined shall include the adjusted FTE
1355 dollars as provided in subsection (19) (18) and potential
1356 nonvoted discretionary local effort from taxes. A comparison of
1357 current year funds per unweighted FTE to prior year funds per
1358 unweighted FTE shall be computed. For those school districts
1359 which have less than the legislatively assigned percentage
1360 increase, funds shall be provided to guarantee the assigned
1361 percentage increase in funds per unweighted FTE student. Should
1362 appropriated funds be less than the sum of this calculated
1363 amount for all districts, the commissioner shall prorate each
1364 district’s allocation. This provision shall be implemented to
1365 the extent specifically funded.
1366 (17) FUNDING COMPRESSION ALLOCATION.—The Legislature may
1367 provide an annual funding compression allocation in the General
1368 Appropriations Act. The allocation is created to provide
1369 additional funding to school districts and developmental
1370 research schools whose total funds per FTE in the prior year
1371 were less than the statewide average. Using the most recent
1372 prior year FEFP calculation for each eligible school district,
1373 the total funds per FTE shall be subtracted from the state
1374 average funds per FTE, not including any adjustments made
1375 pursuant to paragraph (19)(b) (18)(b). The resulting funds per
1376 FTE difference, or a portion thereof, as designated in the
1377 General Appropriations Act, shall then be multiplied by the
1378 school district’s total unweighted FTE to provide the
1379 allocation. If the calculated funds are greater than the amount
1380 included in the General Appropriations Act, they must be
1381 prorated to the appropriation amount based on each participating
1382 school district’s share. This subsection expires July 1, 2019.
1383 (18) THE FLORIDA BEST AND BRIGHTEST TEACHER AND PRINCIPAL
1384 ALLOCATION.—
1385 (a) The Florida Best and Brightest Teacher and Principal
1386 Allocation is created to recruit, retain, and recognize
1387 classroom teachers and instructional personnel who meet the
1388 criteria established in s. 1012.731 and reward principals who
1389 meet the criteria established in s. 1012.732. Subject to annual
1390 appropriation, each school district shall receive an allocation
1391 based on the district’s proportionate share of FEFP base
1392 funding. The Legislature may specify a minimum allocation for
1393 all districts in the General Appropriations Act.
1394 (b) From the allocation, each district shall provide the
1395 following:
1396 1. A one-time recruitment award, as provided in s.
1397 1012.731(3)(a);
1398 2. A retention award, as provided in s. 1012.731(3)(b); and
1399 3. A recognition award, as provided in s. 1012.731(3)(c)
1400 from the remaining balance of the appropriation after the
1401 payment of all other awards authorized under ss. 1012.731 and
1402 1012.732.
1403 (c) From the allocation, each district shall provide
1404 eligible principals an award as provided in s. 1012.732(3).
1405
1406 If a district’s calculated awards exceed the allocation, the
1407 district may prorate the awards.
1408 (21) TURNAROUND SCHOOL SUPPLEMENTAL SERVICES ALLOCATION.
1409 The turnaround school supplemental services allocation is
1410 created to provide district-managed turnaround schools, as
1411 identified in s. 1008.33(4)(a), schools that earn three
1412 consecutive grades below a “C,” as identified in s.
1413 1008.33(4)(b)3., and schools that have improved to a “C” and are
1414 no longer in turnaround status, as identified in s.
1415 1008.33(4)(c), with funds to offer services designed to improve
1416 the overall academic and community welfare of the schools’
1417 students and their families.
1418 (a) Services funded by the allocation may include, but are
1419 not limited to, tutorial and after-school programs, student
1420 counseling, nutrition education, parental counseling, and an
1421 extended school day and school year. In addition, services may
1422 include models that develop a culture that encourages students
1423 to complete high school and to attend college or career
1424 training, set high academic expectations, and inspire character
1425 development.
1426 (b) Before distribution of the allocation, the school
1427 district shall develop and submit a plan for implementation to
1428 its school board for approval no later than August 1 of each
1429 fiscal year.
1430 (c) At a minimum, the plan required under paragraph (b)
1431 must:
1432 1. Establish comprehensive support services that develop
1433 family and community partnerships;
1434 2. Establish clearly defined and measurable high academic
1435 and character standards;
1436 3. Increase parental involvement and engagement in the
1437 child’s education;
1438 4. Describe how instructional personnel will be identified,
1439 recruited, retained, and rewarded;
1440 5. Provide professional development that focuses on
1441 academic rigor, direct instruction, and creating high academic
1442 and character standards;
1443 6. Provide focused instruction to improve student academic
1444 proficiency, which may include additional instruction time
1445 beyond the normal school day or school year; and
1446 7. Include a strategy for continuing to provide services
1447 after the school is no longer in turnaround status by virtue of
1448 achieving a grade of “C” or higher.
1449 (d) Each school district shall submit its approved plans to
1450 the commissioner by September 1 of each fiscal year.
1451 (e) Subject to legislative appropriation, each school
1452 district’s allocation must be based on the unweighted FTE
1453 student enrollment at the eligible schools and a per-FTE funding
1454 amount of $500 or as provided in the General Appropriations Act.
1455 The supplement provided in the General Appropriations Act shall
1456 be based on the most recent school grades and shall serve as a
1457 proxy for the official calculation. Once school grades are
1458 available for the school year immediately preceding the fiscal
1459 year coinciding with the appropriation, the supplement shall be
1460 recalculated for the official participating schools as part of
1461 the subsequent FEFP calculation. The commissioner may prepare a
1462 preliminary calculation so that districts may proceed with
1463 timely planning and use of the funds. If the calculated funds
1464 for the statewide allocation exceed the funds appropriated, the
1465 allocation of funds to each school district must be prorated
1466 based on each school district’s share of the total unweighted
1467 FTE student enrollment for the eligible schools.
1468 (f) Subject to legislative appropriation, each school shall
1469 remain eligible for the allocation for a maximum of 4 continuous
1470 fiscal years while implementing a turnaround option pursuant to
1471 s. 1008.33(4). In addition, a school that improves to a grade of
1472 “C” or higher shall remain eligible to receive the allocation
1473 for a maximum of 2 continuous fiscal years after exiting
1474 turnaround status.
1475 Section 15. Subsection (1) and paragraph (a) of subsection
1476 (2) of section 1011.71, Florida Statutes, are amended to read:
1477 1011.71 District school tax.—
1478 (1) If the district school tax is not provided in the
1479 General Appropriations Act or the substantive bill implementing
1480 the General Appropriations Act, each district school board
1481 desiring to participate in the state allocation of funds for
1482 current operation as prescribed by s. 1011.62(19) s. 1011.62(18)
1483 shall levy on the taxable value for school purposes of the
1484 district, exclusive of millage voted under s. 9(b) or s. 12,
1485 Art. VII of the State Constitution, a millage rate not to exceed
1486 the amount certified by the commissioner as the minimum millage
1487 rate necessary to provide the district required local effort for
1488 the current year, pursuant to s. 1011.62(4)(a)1. In addition to
1489 the required local effort millage levy, each district school
1490 board may levy a nonvoted current operating discretionary
1491 millage. The Legislature shall prescribe annually in the
1492 appropriations act the maximum amount of millage a district may
1493 levy.
1494 (2) In addition to the maximum millage levy as provided in
1495 subsection (1), each school board may levy not more than 1.5
1496 mills against the taxable value for school purposes for charter
1497 schools pursuant to s. 1013.62(1) and (3) and for district
1498 schools to fund:
1499 (a) New construction, and remodeling projects, as set forth
1500 in s. 1013.64(6)(b) and included in the district’s educational
1501 plant survey pursuant to s. 1013.31, without regard to
1502 prioritization, sites and site improvement or expansion to new
1503 sites, existing sites, auxiliary facilities, athletic
1504 facilities, or ancillary facilities.
1505 Section 16. Effective upon becoming a law, subsections (3)
1506 and (7) of section 1012.56, Florida Statutes, are amended to
1507 read:
1508 1012.56 Educator certification requirements.—
1509 (3) MASTERY OF GENERAL KNOWLEDGE.—Acceptable means of
1510 demonstrating mastery of general knowledge are:
1511 (a) Achievement of passing scores on the general knowledge
1512 examination required by state board rule;
1513 (b) Documentation of a valid professional standard teaching
1514 certificate issued by another state;
1515 (c) Documentation of a valid certificate issued by the
1516 National Board for Professional Teaching Standards or a national
1517 educator credentialing board approved by the State Board of
1518 Education;
1519 (d) Documentation of two semesters of successful, full-time
1520 or part-time teaching in a Florida College System institution,
1521 state university, or private college or university that awards
1522 an associate or higher degree and is an accredited institution
1523 or an institution of higher education identified by the
1524 Department of Education as having a quality program; or
1525 (e) Effective July 1, 2015, Achievement of passing scores,
1526 identified in state board rule, on national or international
1527 examinations that test comparable content and relevant standards
1528 in verbal, analytical writing, and quantitative reasoning
1529 skills, including, but not limited to, the verbal, analytical
1530 writing, and quantitative reasoning portions of the Graduate
1531 Record Examination. Passing scores identified in state board
1532 rule must be at approximately the same level of rigor as is
1533 required to pass the general knowledge examinations.
1534
1535 A school district that employs an individual who does not
1536 achieve passing scores on any subtest of the general knowledge
1537 examination must provide information regarding the availability
1538 of state-level and district-level supports and instruction to
1539 assist him or her in achieving a passing score. Such information
1540 must include, but need not be limited to, state-level test
1541 information guides, school district test preparation resources,
1542 and preparation courses offered by state universities and
1543 Florida College System institutions.
1544 (7) TYPES AND TERMS OF CERTIFICATION.—
1545 (a) The Department of Education shall issue a professional
1546 certificate for a period not to exceed 5 years to any applicant
1547 who fulfills one of the following:
1548 1. Meets all the requirements outlined in subsection (2).
1549 2. For a professional certificate covering grades 6 through
1550 12:
1551 a. Meets the requirements of paragraphs (2)(a)-(h).
1552 b. Holds a master’s or higher degree in the area of
1553 science, technology, engineering, or mathematics.
1554 c. Teaches a high school course in the subject of the
1555 advanced degree.
1556 d. Is rated highly effective as determined by the teacher’s
1557 performance evaluation under s. 1012.34, based in part on
1558 student performance as measured by a statewide, standardized
1559 assessment or an Advanced Placement, Advanced International
1560 Certificate of Education, or International Baccalaureate
1561 examination.
1562 e. Achieves a passing score on the Florida professional
1563 education competency examination required by state board rule.
1564 3. Meets the requirements of paragraphs (2)(a)-(h) and
1565 completes a professional preparation and education competence
1566 program approved by the department pursuant to paragraph (8)(c).
1567 An applicant who completes the program and is rated highly
1568 effective as determined by his or her performance evaluation
1569 under s. 1012.34 is not required to take or achieve a passing
1570 score on the professional education competency examination in
1571 order to be awarded a professional certificate.
1572 (b) The department shall issue a temporary certificate to
1573 any applicant who completes the requirements outlined in
1574 paragraphs (2)(a)-(f) and completes the subject area content
1575 requirements specified in state board rule or demonstrates
1576 mastery of subject area knowledge pursuant to subsection (5) and
1577 holds an accredited degree or a degree approved by the
1578 Department of Education at the level required for the subject
1579 area specialization in state board rule.
1580 (c) The department shall issue one nonrenewable 2-year
1581 temporary certificate and one nonrenewable 5-year professional
1582 certificate to a qualified applicant who holds a bachelor’s
1583 degree in the area of speech-language impairment to allow for
1584 completion of a master’s degree program in speech-language
1585 impairment.
1586
1587 Each temporary certificate is valid for 3 school fiscal years
1588 and is nonrenewable. However, the requirement in paragraph
1589 (2)(g) must be met within 1 calendar year of the date of
1590 employment under the temporary certificate. Individuals who are
1591 employed under contract at the end of the 1 calendar year time
1592 period may continue to be employed through the end of the school
1593 year in which they have been contracted. A school district shall
1594 not employ, or continue the employment of, an individual in a
1595 position for which a temporary certificate is required beyond
1596 this time period if the individual has not met the requirement
1597 of paragraph (2)(g). At least 1 year before an individual’s
1598 temporary certificate is set to expire, the department shall
1599 electronically notify the individual of the date on which his or
1600 her certificate will expire and provide a list of each method by
1601 which the qualifications for a professional certificate can be
1602 completed. The State Board of Education shall adopt rules to
1603 allow the department to extend the validity period of a
1604 temporary certificate for 2 years when the requirements for the
1605 professional certificate, not including the requirement in
1606 paragraph (2)(g), were not completed due to the serious illness
1607 or injury of the applicant, the military service of an
1608 applicant’s spouse, or other extraordinary extenuating
1609 circumstances, or if the certificateholder is rated highly
1610 effective in the immediate prior year’s performance evaluation
1611 pursuant to s. 1012.34 or has completed a 2-year mentorship
1612 program pursuant to s. 1012.56(8). The rules must authorize the
1613 department to extend the validity period of a temporary
1614 certificate for 1 year if the certificateholder is rated
1615 effective or highly effective based solely on a student learning
1616 growth formula approved by the Commissioner of Education
1617 pursuant to s. 1012.34(8). The department shall extend reissue
1618 the temporary certificate for 2 additional years upon approval
1619 by the Commissioner of Education. A written request for
1620 extension reissuance of the certificate shall be submitted by
1621 the district school superintendent, the governing authority of a
1622 university lab school, the governing authority of a state
1623 supported school, or the governing authority of a private
1624 school.
1625 Section 17. Effective upon becoming a law, subsection (1)
1626 of section 1012.59, Florida Statutes, is amended to read:
1627 1012.59 Certification fees.—
1628 (1) The State Board of Education, by rule, shall establish
1629 by rule separate fees for applications, examinations,
1630 certification, certification renewal, late renewal,
1631 recordmaking, and recordkeeping, and may establish procedures
1632 for scheduling and administering an examination upon an
1633 applicant’s request. Unless otherwise specified in this
1634 subsection, each fee shall be based on department estimates of
1635 the revenue required to implement the provisions of law with
1636 respect to certification of school personnel. The application
1637 fee is shall be nonrefundable. The rule must specify an Each
1638 examination fee for the following:
1639 (a) Initial registration for first-time test takers.
1640 (b) Retake of the full battery of subtests of an
1641 examination, if applicable. The retake fee for the full battery
1642 of subtests may not exceed the fee for the initial registration.
1643 (c) Retake for each subtest of an examination. The retake
1644 fee for each subtest must be prorated based on the number of
1645 subtests within the examination shall be sufficient to cover the
1646 actual cost of developing and administering the examination.
1647 Section 18. Section 1012.731, Florida Statutes, is amended
1648 to read:
1649 1012.731 The Florida Best and Brightest Teacher Scholarship
1650 Program.—
1651 (1) The Legislature recognizes that, second only to
1652 parents, teachers play the most critical role within schools in
1653 preparing students to achieve a high level of academic
1654 performance. The Legislature further recognizes that research
1655 has linked student outcomes to a teacher’s own academic
1656 achievement. Therefore, it is the intent of the Legislature to
1657 recruit, retain, and recognize designate teachers who meet the
1658 needs of this state and have achieved success in the classroom
1659 high academic standards during their own education as Florida’s
1660 best and brightest teacher scholars.
1661 (2) There is created The Florida Best and Brightest Teacher
1662 Scholarship Program is created to be administered by the
1663 Department of Education. The scholarship program shall provide
1664 categorical funding for scholarships to recruitment and
1665 retention awards to classroom teachers, as defined in
1666 1012.01(2)(a), and recognition awards to instructional
1667 personnel, as defined in 1012.01(2), to be funded as provided in
1668 s. 1011.62(18) be awarded to classroom teachers, as defined in
1669 s. 1012.01(2)(a), who have demonstrated a high level of academic
1670 achievement.
1671 (3)(a) To be eligible for a one-time recruitment award as
1672 specified in the General Appropriations Act, a newly hired
1673 classroom teacher must be a content expert, based on criteria
1674 established by the department, in mathematics, science, computer
1675 science, reading, or civics scholarship in the amount of $6,000,
1676 a classroom teacher must:
1677 1. Have achieved a composite score at or above the 80th
1678 percentile on either the SAT or the ACT based on the National
1679 Percentile Ranks in effect when the classroom teacher took the
1680 assessment and have been evaluated as highly effective pursuant
1681 to s. 1012.34 in the school year immediately preceding the year
1682 in which the scholarship will be awarded, unless the classroom
1683 teacher is newly hired by the district school board and has not
1684 been evaluated pursuant to s. 1012.34.
1685 2. Beginning with the 2020-2021 school year, have achieved
1686 a composite score at or above the 77th percentile or, if the
1687 classroom teacher graduated cum laude or higher with a
1688 baccalaureate degree, the 71st percentile on either the SAT,
1689 ACT, GRE, LSAT, GMAT, or MCAT based on the National Percentile
1690 Ranks in effect when the classroom teacher took the assessment;
1691 and have been evaluated as highly effective pursuant to s.
1692 1012.34, or have been evaluated as highly effective based on a
1693 commissioner-approved student learning growth formula pursuant
1694 to s. 1012.34(8), in the school year immediately preceding the
1695 year in which the scholarship will be awarded, unless the
1696 classroom teacher is newly hired by the district school board
1697 and has not been evaluated pursuant to s. 1012.34.
1698 (b) To be eligible for a retention award as specified in
1699 the General Appropriations Act, a classroom teacher must have
1700 been rated as highly effective or effective the preceding year
1701 pursuant to s. 1012.34, and teach in a school for 2 consecutive
1702 school years, including the current year, which has improved an
1703 average of 3 percentage points or more in the percentage of
1704 total possible points achieved for determining school grades
1705 over the prior 3 years
1706 1. In order to demonstrate eligibility for an award, an
1707 eligible classroom teacher must submit to the school district,
1708 no later than November 1, an official record of his or her
1709 qualifying assessment score and, beginning with the 2020-2021
1710 school year, an official transcript demonstrating that he or she
1711 graduated cum laude or higher with a baccalaureate degree, if
1712 applicable. Once a classroom teacher is deemed eligible by the
1713 school district, the teacher shall remain eligible as long as he
1714 or she remains employed by the school district as a classroom
1715 teacher at the time of the award and receives an annual
1716 performance evaluation rating of highly effective pursuant to s.
1717 1012.34 or is evaluated as highly effective based on a
1718 commissioner-approved student learning growth formula pursuant
1719 to s. 1012.34(8) for the 2019-2020 school year or thereafter.
1720 2. A school district employee who is no longer a classroom
1721 teacher may receive an award if the employee was a classroom
1722 teacher in the prior school year, was rated highly effective,
1723 and met the requirements of this section as a classroom teacher.
1724 (c) To be eligible for a recognition award, instructional
1725 personnel must be rated as highly effective or effective and be
1726 selected by his or her school principal, based on performance
1727 criteria and policies adopted by the district school board or
1728 charter school governing board. Recognition awards must be
1729 provided from funds remaining under the allocation provided in
1730 s. 1011.62(18) after the payment of all teacher recruitment and
1731 retention awards and principal awards authorized under this
1732 section and the General Appropriations Act Notwithstanding the
1733 requirements of this subsection, for the 2017-2018, 2018-2019,
1734 and 2019-2020 school years, any classroom teacher who:
1735 1. Was evaluated as highly effective pursuant to s. 1012.34
1736 in the school year immediately preceding the year in which the
1737 scholarship will be awarded shall receive a scholarship of
1738 $1200, including a classroom teacher who received an award
1739 pursuant to paragraph (a).
1740 2. Was evaluated as effective pursuant to s. 1012.34 in the
1741 school year immediately preceding the year in which the
1742 scholarship will be awarded a scholarship of up to $800. If the
1743 number of eligible classroom teachers under this subparagraph
1744 exceeds the total allocation, the department shall prorate the
1745 per-teacher scholarship amount.
1746
1747 This paragraph expires July 1, 2020.
1748 (4) Annually, by December 1, each school district shall
1749 submit to the department:
1750 (a) The number of eligible classroom teachers who qualify
1751 for the scholarship.
1752 (b) The name and master school identification number (MSID)
1753 of each school in the district to which an eligible classroom
1754 teacher is assigned.
1755 (c) The name of the school principal of each eligible
1756 classroom teacher’s school if he or she has served as the
1757 school’s principal for at least 2 consecutive school years
1758 including the current school year.
1759 (5) Annually, by February 1, the department shall disburse
1760 scholarship funds to each school district for each eligible
1761 classroom teacher to receive a scholarship in accordance with
1762 this section.
1763 (6) Annually, by April 1, each school district shall award
1764 the scholarship to each eligible classroom teacher.
1765 (7) For purposes of this section, the term “school
1766 district” includes the Florida School for the Deaf and the Blind
1767 and charter school governing boards.
1768 Section 19. Section 1012.732, Florida Statutes, is amended
1769 to read:
1770 1012.732 The Florida Best and Brightest Principal
1771 Scholarship Program.—
1772 (1) The Legislature recognizes that the most effective
1773 school principals establish a safe and supportive school
1774 environment for students and faculty. Research shows that these
1775 principals increase student learning by providing opportunities
1776 for the professional growth, collaboration, and autonomy that
1777 classroom teachers need to become and remain highly effective
1778 educational professionals. As a result, these principals are
1779 able to recruit and retain more of the best classroom teachers
1780 and improve student outcomes at their schools, including schools
1781 serving low-income and high-need student populations. Therefore,
1782 it is the intent of the Legislature to designate school
1783 principals whose schools make noticeable academic improvement
1784 school faculty has a high percentage of classroom teachers who
1785 are designated as Florida’s best and brightest teacher scholars
1786 pursuant to s. 1012.731 as Florida’s best and brightest
1787 principals.
1788 (2) There is created The Florida Best and Brightest
1789 Principal Scholarship Program is created to be administered by
1790 the Department of Education. The program shall provide awards to
1791 categorical funding for scholarships to be awarded to school
1792 principals, as defined in s. 1012.01(3)(c)1., to be funded as
1793 provided in s. 1011.62(18) who have recruited and retained a
1794 high percentage of best and brightest teachers.
1795 (3) A school principal identified pursuant to s.
1796 1012.731(4)(c) is eligible to receive an award, as specified in
1797 the General Appropriations Act, a scholarship under this section
1798 if he or she has served as school principal at his or her school
1799 for at least 4 2 consecutive school years, including the current
1800 school year, and the school has improved an average of 3
1801 percentage points or more in the percentage of total possible
1802 points achieved for determining school grades over the prior 3
1803 years his or her school has a ratio of best and brightest
1804 teachers to other classroom teachers that is at the 80th
1805 percentile or higher for schools within the same grade group,
1806 statewide, including elementary schools, middle schools, high
1807 schools, and schools with a combination of grade levels.
1808 (4) Annually, by February 1, the department shall identify
1809 eligible school principals and disburse funds to each school
1810 district for each eligible school principal to receive a
1811 scholarship. A scholarship of $5,000 must be awarded to every
1812 eligible school principal assigned to a Title I school and a
1813 scholarship of $4,000 to every eligible school principal who is
1814 not assigned to a Title I school.
1815 (5) Annually, by April 1, each school district must award a
1816 scholarship to each eligible school principal.
1817 (6) A school district must provide a best and brightest
1818 principal with the additional authority and responsibilities
1819 provided in s. 1012.28(8) for a minimum of 2 years.
1820 (7) For purposes of this section, the term “school
1821 district” includes the Florida School for the Deaf and the Blind
1822 and charter school governing boards.
1823 Section 20. Paragraphs (a) and (d) of subsection (1) of
1824 section 1013.31, Florida Statutes, are amended to read:
1825 1013.31 Educational plant survey; localized need
1826 assessment; PECO project funding.—
1827 (1) At least every 5 years, each board shall arrange for an
1828 educational plant survey, to aid in formulating plans for
1829 housing the educational program and student population, faculty,
1830 administrators, staff, and auxiliary and ancillary services of
1831 the district or campus, including consideration of the local
1832 comprehensive plan. The Department of Education shall document
1833 the need for additional career and adult education programs and
1834 the continuation of existing programs before facility
1835 construction or renovation related to career or adult education
1836 may be included in the educational plant survey of a school
1837 district or Florida College System institution that delivers
1838 career or adult education programs. Information used by the
1839 Department of Education to establish facility needs must
1840 include, but need not be limited to, labor market data, needs
1841 analysis, and information submitted by the school district or
1842 Florida College System institution.
1843 (a) Educational plant survey and localized need assessment
1844 for capital outlay purposes.—A survey recommendation is not
1845 required when a district uses may only use funds from the
1846 following sources for educational, auxiliary, and ancillary
1847 plant capital outlay purposes without needing a survey
1848 recommendation:
1849 1. The local capital outlay improvement fund, consisting of
1850 funds that come from and are a part of the district’s basic
1851 operating budget;
1852 2. A taxpayer-approved bond referendum, to fund
1853 construction of If a board decides to build an educational,
1854 auxiliary, or ancillary plant facility without a survey
1855 recommendation and the taxpayers approve a bond referendum, the
1856 voted bond referendum;
1857 3. One-half cent sales surtax revenue;
1858 4. One cent local governmental surtax revenue;
1859 5. Impact fees; and
1860 6. Private gifts or donations; and
1861 7. The district school tax levied pursuant to s.
1862 1011.71(2).
1863 (d) Review and validation.—The Department of Education
1864 shall review and validate the surveys of school districts and
1865 Florida College System institutions, and the Chancellor of the
1866 State University System shall review and validate the surveys of
1867 universities, and any amendments thereto for compliance with the
1868 requirements of this chapter and shall recommend those in
1869 compliance for approval by the State Board of Education or the
1870 Board of Governors, as appropriate. Annually, the department
1871 shall perform an in-depth analysis of a representative sample of
1872 each survey of recommended needs for five districts selected by
1873 the commissioner from among districts with the largest need-to
1874 revenue ratio. For the purpose of this subsection, the need-to
1875 revenue ratio is determined by dividing the total 5-year cost of
1876 projects listed on the district survey by the total 5-year fixed
1877 capital outlay revenue projections from state and local sources
1878 as determined by the department. The commissioner may direct
1879 fixed capital outlay funds provided from general revenue or from
1880 state trust funds to be withheld from districts until such time
1881 as the survey accurately projects facilities needs.
1882 Section 21. Paragraph (a) of subsection (2) and paragraphs
1883 (b), (c), and (d) of subsection (6) of section 1013.64, Florida
1884 Statutes, are amended to read:
1885 1013.64 Funds for comprehensive educational plant needs;
1886 construction cost maximums for school district capital
1887 projects.—Allocations from the Public Education Capital Outlay
1888 and Debt Service Trust Fund to the various boards for capital
1889 outlay projects shall be determined as follows:
1890 (2)(a) The department shall establish, as a part of the
1891 Public Education Capital Outlay and Debt Service Trust Fund, a
1892 separate account, in an amount determined by the Legislature, to
1893 be known as the “Special Facility Construction Account.” The
1894 Special Facility Construction Account shall be used to provide
1895 necessary construction funds to school districts which have
1896 urgent construction needs but which lack sufficient resources at
1897 present, and cannot reasonably anticipate sufficient resources
1898 within the period of the next 3 years, for these purposes from
1899 currently authorized sources of capital outlay revenue. A school
1900 district requesting funding from the Special Facility
1901 Construction Account shall submit one specific construction
1902 project, not to exceed one complete educational plant, to the
1903 Special Facility Construction Committee. A district may not
1904 receive funding for more than one approved project in any 3-year
1905 period or while any portion of the district’s participation
1906 requirement is outstanding. The first year of the 3-year period
1907 shall be the first year a district receives an appropriation.
1908 The department shall encourage a construction program that
1909 reduces the average size of schools in the district. The request
1910 must meet the following criteria to be considered by the
1911 committee:
1912 1. The project must be deemed a critical need and must be
1913 recommended for funding by the Special Facility Construction
1914 Committee. Before developing construction plans for the proposed
1915 facility, the district school board must request a
1916 preapplication review by the Special Facility Construction
1917 Committee or a project review subcommittee convened by the chair
1918 of the committee to include two representatives of the
1919 department and two staff members from school districts not
1920 eligible to participate in the program. A school district may
1921 request a preapplication review at any time; however, if the
1922 district school board seeks inclusion in the department’s next
1923 annual capital outlay legislative budget request, the
1924 preapplication review request must be made before February 1.
1925 Within 90 days after receiving the preapplication review
1926 request, the committee or subcommittee must meet in the school
1927 district to review the project proposal and existing facilities.
1928 To determine whether the proposed project is a critical need,
1929 the committee or subcommittee shall consider, at a minimum, the
1930 capacity of all existing facilities within the district as
1931 determined by the Florida Inventory of School Houses; the
1932 district’s pattern of student growth; the district’s existing
1933 and projected capital outlay full-time equivalent student
1934 enrollment as determined by the demographic, revenue, and
1935 education estimating conferences established in s. 216.136; the
1936 district’s existing satisfactory student stations; the use of
1937 all existing district property and facilities; grade level
1938 configurations; and any other information that may affect the
1939 need for the proposed project.
1940 2. The construction project must be recommended in the most
1941 recent survey or survey amendment cooperatively prepared by the
1942 district and the department, and approved by the department
1943 under the rules of the State Board of Education. If a district
1944 employs a consultant in the preparation of a survey or survey
1945 amendment, the consultant may not be employed by or receive
1946 compensation from a third party that designs or constructs a
1947 project recommended by the survey.
1948 3. The construction project must appear on the district’s
1949 approved project priority list under the rules of the State
1950 Board of Education.
1951 4. The district must have selected and had approved a site
1952 for the construction project in compliance with s. 1013.36 and
1953 the rules of the State Board of Education.
1954 5. The district shall have developed a district school
1955 board adopted list of facilities that do not exceed the norm for
1956 net square feet occupancy requirements under the State
1957 Requirements for Educational Facilities, using all possible
1958 programmatic combinations for multiple use of space to obtain
1959 maximum daily use of all spaces within the facility under
1960 consideration.
1961 6. Upon construction, the total cost per student station,
1962 including change orders, must not exceed the cost per student
1963 station as provided in subsection (6) except for cost overruns
1964 created by a disaster as defined in s. 252.34 or an
1965 unforeseeable circumstance beyond the district’s control as
1966 determined by the Special Facility Construction Committee.
1967 7. There shall be an agreement signed by the district
1968 school board stating that it will advertise for bids within 30
1969 days of receipt of its encumbrance authorization from the
1970 department.
1971 8. For construction projects for which Special Facilities
1972 Construction Account funding is sought before the 2019-2020
1973 fiscal year, the district shall, at the time of the request and
1974 for a continuing period necessary to meet the district’s
1975 participation requirement, levy the maximum millage against its
1976 nonexempt assessed property value as allowed in s. 1011.71(2) or
1977 shall raise an equivalent amount of revenue from the school
1978 capital outlay surtax authorized under s. 212.055(6). Beginning
1979 with construction projects for which Special Facilities
1980 Construction Account funding is sought in the 2019-2020 fiscal
1981 year, the district shall, for a minimum of 3 years before
1982 submitting the request and for a continuing period necessary to
1983 meet its participation requirement, levy the maximum millage
1984 against the district’s nonexempt assessed property value as
1985 authorized under s. 1011.71(2) or shall raise an equivalent
1986 amount of revenue from the school capital outlay surtax
1987 authorized under s. 212.055(6). Any district with a new or
1988 active project, funded under the provisions of this subsection,
1989 shall be required to budget no more than the value of 1 mill per
1990 year to the project until the district’s participation
1991 requirement relating to the local discretionary capital
1992 improvement millage or the equivalent amount of revenue from the
1993 school capital outlay surtax is satisfied.
1994 9. If a contract has not been signed 90 days after the
1995 advertising of bids, the funding for the specific project shall
1996 revert to the Special Facility New Construction Account to be
1997 reallocated to other projects on the list. However, an
1998 additional 90 days may be granted by the commissioner.
1999 10. The department shall certify the inability of the
2000 district to fund the survey-recommended project over a
2001 continuous 3-year period using projected capital outlay revenue
2002 derived from s. 9(d), Art. XII of the State Constitution, as
2003 amended, paragraph (3)(a) of this section, and s. 1011.71(2).
2004 11. The district shall have on file with the department an
2005 adopted resolution acknowledging its commitment to satisfy its
2006 participation requirement, which is equivalent to all
2007 unencumbered and future revenue acquired from s. 9(d), Art. XII
2008 of the State Constitution, as amended, paragraph (3)(a) of this
2009 section, and s. 1011.71(2), in the year of the initial
2010 appropriation and for the 2 years immediately following the
2011 initial appropriation.
2012 12. Phase I Final phase III plans must be approved
2013 certified by the district school board as being complete and in
2014 compliance with the building and life safety codes before June 1
2015 of the year the application is made.
2016 (6)
2017 (b)1. A district school board may not use funds from state
2018 sources the following sources: Public Education Capital Outlay
2019 and Debt Service Trust Fund; School District and Community
2020 College District Capital Outlay and Debt Service Trust Fund;
2021 Classrooms First Program funds provided in s. 1013.68; nonvoted
2022 1.5-mill levy of ad valorem property taxes provided in s.
2023 1011.71(2); Classrooms for Kids Program funds provided in s.
2024 1013.735; District Effort Recognition Program funds provided in
2025 s. 1013.736; or High Growth District Capital Outlay Assistance
2026 Grant Program funds provided in s. 1013.738 for any new
2027 construction of educational plant space with a total cost per
2028 student station, including change orders, which exceeds that
2029 equals more than:
2030 a. $17,952 for an elementary school,
2031 b. $19,386 for a middle school, or
2032 c. $25,181 for a high school,
2033
2034 (January 2006) as adjusted annually to reflect increases or
2035 decreases in the Consumer Price Index. These restrictions do not
2036 apply to local funds as specified in s. 1013.31(1)(a). The
2037 department, in conjunction with the Office of Economic and
2038 Demographic Research, shall review and revise the cost per
2039 student station limits to reflect actual construction costs by
2040 December 1, 2019, and every 3 years thereafter. The adjusted
2041 cost per student station shall be used by the department for
2042 computation of the statewide average costs per student station
2043 for each instructional level pursuant to paragraph (d). The
2044 department shall also collaborate with the Office of Economic
2045 and Demographic Research to select an industry-recognized
2046 construction index to replace the Consumer Price Index by
2047 December 1, 2019, adjusted annually to reflect changes in the
2048 construction index.
2049 2. School districts shall maintain accurate documentation
2050 related to the costs of all new construction of educational
2051 plant space reported to the Department of Education pursuant to
2052 paragraph (d). The Auditor General shall review the
2053 documentation maintained by the school districts and verify
2054 compliance with the limits under this paragraph during its
2055 scheduled operational audits of the school district. The
2056 department shall make the final determination on district
2057 compliance based on the recommendation of the Auditor General.
2058 3. Effective July 1, 2017, in addition to the funding
2059 sources listed in subparagraph 1., a district school board may
2060 not use funds from any sources for new construction of
2061 educational plant space with a total cost per student station,
2062 including change orders, which equals more than the current
2063 adjusted amounts provided in sub-subparagraphs 1.a.-c. which
2064 shall subsequently be adjusted annually to reflect increases or
2065 decreases in the Consumer Price Index. However, if a contract
2066 has been executed for architectural and design services or for
2067 construction management services before July 1, 2017, a district
2068 school board may use funds from any source for the new
2069 construction of educational plant space and such funds are
2070 exempt from the total cost per student station requirements.
2071 4. A district school board must not use funds from the
2072 Public Education Capital Outlay and Debt Service Trust Fund or
2073 the School District and Community College District Capital
2074 Outlay and Debt Service Trust Fund for any new construction of
2075 an ancillary plant that exceeds 70 percent of the average cost
2076 per square foot of new construction for all schools.
2077 (c) Except as otherwise provided, new construction for
2078 which a contract has been executed for architectural and design
2079 services or for construction management services by a district
2080 school board on or after July 1, 2017, may not exceed the cost
2081 per student station as provided in paragraph (b). A school
2082 district that exceeds the cost per student station provided in
2083 paragraph (b), as determined by the Auditor General, shall be
2084 subject to sanctions. If the Auditor General determines that the
2085 cost per student station overage is de minimus or due to
2086 extraordinary circumstances outside the control of the district,
2087 the sanctions shall not apply. The sanctions are as follows:
2088 1. The school district shall be ineligible for allocations
2089 from the Public Education Capital Outlay and Debt Service Trust
2090 Fund for the next 3 years in which the school district would
2091 have received allocations had the violation not occurred.
2092 2. The school district shall be subject to the supervision
2093 of a district capital outlay oversight committee. The oversight
2094 committee is authorized to approve all capital outlay
2095 expenditures of the school district, including new construction,
2096 renovations, and remodeling, for 3 fiscal years following the
2097 violation.
2098 a. Each oversight committee shall be composed of the
2099 following:
2100 (I) One appointee of the Commissioner of Education who has
2101 significant financial management, school facilities
2102 construction, or related experience.
2103 (II) One appointee of the office of the state attorney with
2104 jurisdiction over the district.
2105 (III) One appointee of the Chief Financial Officer who is a
2106 licensed certified public accountant.
2107 b. An appointee to the oversight committee may not be
2108 employed by the school district; be a relative, as defined in s.
2109 1002.33(24)(a)2., of any school district employee; or be an
2110 elected official. Each appointee must sign an affidavit
2111 attesting to these conditions and affirming that no conflict of
2112 interest exists in his or her oversight role.
2113 (d) The department shall:
2114 1. Compute for each calendar year the statewide average
2115 construction costs for facilities serving each instructional
2116 level, for relocatable educational facilities, for
2117 administrative facilities, and for other ancillary and auxiliary
2118 facilities. The department shall compute the statewide average
2119 costs per student station for each instructional level.
2120 2. Annually review the actual completed construction costs
2121 of educational facilities in each school district. For any
2122 school district in which the total actual cost per student
2123 station, including change orders, exceeds the statewide limits
2124 established in paragraph (b), the school district shall report
2125 to the department the actual cost per student station and the
2126 reason for the school district’s inability to adhere to the
2127 limits established in paragraph (b). The department shall
2128 collect all such reports and shall provide these reports to the
2129 Auditor General for verification purposes.
2130
2131 Cost per student station includes contract costs, legal and
2132 administrative costs, fees of architects and engineers,
2133 furniture and equipment, and site improvement costs, related
2134 offsite improvement costs, the cost of complying with public
2135 shelter and hurricane hardening requirements, and the cost of
2136 any security enhancements, including, but not limited to, the
2137 cost for securing entries, checkpoint construction, lighting
2138 specifically designed for entry point security, security
2139 cameras, automatic locks and locking devices, electronic
2140 security systems, fencing designed to prevent intruder entry
2141 into a building, bulletproof glass, or other capital
2142 construction items approved by the school safety specialist to
2143 ensure building security for new educational, auxiliary, or
2144 ancillary facilities. Cost per student station does not include
2145 the cost of purchasing or leasing the site for the construction
2146 or the cost of related offsite improvements. Cost per student
2147 station also does not include the cost for securing entries,
2148 checkpoint construction, lighting specifically designed for
2149 entry point security, security cameras, automatic locks and
2150 locking devices, electronic security systems, fencing designed
2151 to prevent intruder entry into a building, bullet-proof glass,
2152 or other capital construction items approved by the school
2153 safety specialist to ensure building security for new
2154 educational, auxiliary, or ancillary facilities; costs for these
2155 items must be below 2 percent per student station.
2156 Section 22. Subsection (1) of section 49 of chapter 2018-6,
2157 Laws of Florida, is amended to read:
2158 Section 49. (1) The Department of Revenue is authorized,
2159 and all conditions are deemed to be met, to adopt emergency
2160 rules pursuant to s. 120.54(4), Florida Statutes, for the
2161 purpose of administering the provisions of this act and s.
2162 1002.40, Florida Statutes.
2163 Section 23. Except as otherwise expressly provided in this
2164 act and except for this section, which shall take effect upon
2165 becoming a law, this act shall take effect July 1, 2019.
2166
2167 ================= T I T L E A M E N D M E N T ================
2168 And the title is amended as follows:
2169 Delete everything before the enacting clause
2170 and insert:
2171 A bill to be entitled
2172 An act relating to K-12 education; amending s.
2173 212.099, F.S.; deleting a specified reference to a
2174 certain program; revising the definition of the terms
2175 “eligible contribution” or “contribution”; revising
2176 the authorized uses of eligible contributions;
2177 amending s. 212.1832, F.S.; deleting a specified
2178 reference to a certain program; deleting obsolete
2179 language; amending s. 1002.20, F.S.; revising the
2180 programs through which certain parents may seek
2181 private educational choice options; amending s.
2182 1002.333, F.S.; revising the definition of the term
2183 “persistently low-performing school”; revising
2184 requirements for the expenditure of funds under the
2185 Schools of Hope Scholarship Program; requiring that
2186 ownership of certain property, furnishings, and
2187 equipment revert to the district school board upon the
2188 dissolution or termination of a school of hope;
2189 providing that certain funds and specified
2190 improvements, furnishings, equipment, and records be
2191 held in trust upon a request by a district school
2192 board; deleting the authorization for a traditional
2193 public school to receive funds from the program;
2194 deleting a requirement for the State Board of
2195 Education to provide awards and annually report
2196 certain information; creating s. 1002.394, F.S.;
2197 establishing the Family Empowerment Scholarship
2198 Program; providing the purpose of the program;
2199 defining terms; providing scholarship eligibility
2200 requirements; providing for the term of such
2201 scholarships; prohibiting certain students from
2202 scholarship eligibility; requiring school districts to
2203 inform specified households within their respective
2204 districts of their eligibility to receive a Family
2205 Empowerment Scholarship; requiring the Department of
2206 Education to provide the form to be used by school
2207 districts for that purpose; requiring school districts
2208 to notify certain students of specified information
2209 relating to statewide assessments; requiring school
2210 districts, upon the request of the department, to
2211 provide statewide assessments and related materials to
2212 certain private schools; providing requirements for
2213 the administration of statewide assessments at certain
2214 private schools; requiring school districts to publish
2215 information relating to the scholarship program on
2216 their respective websites; providing requirements for
2217 the published information; requiring the department to
2218 publish and update information relating to the program
2219 on the department website; requiring the department to
2220 cross-check specified information; providing
2221 requirements for private school participation in the
2222 program; providing requirements for participating
2223 students and their parents; providing obligations for
2224 participation of eligible scholarship-funding
2225 organizations in the program; providing the maximum
2226 number of students who may participate in the
2227 scholarship program, beginning with a specified school
2228 year; providing for subsequent increases in the
2229 authorized number of participating students; providing
2230 for the calculation of school district funding
2231 entitlement under the program; requiring school
2232 districts to report all students who attend a private
2233 school under the program; providing that such students
2234 must be reported separately for certain purposes;
2235 requiring the department to transfer funds from the
2236 General Revenue Fund to an account for the program;
2237 requiring that program funds for students entering a
2238 Department of Juvenile Justice commitment program be
2239 transferred from the school district in which the
2240 student last attended school before commitment;
2241 providing that the department must receive specified
2242 information relating to such students within a
2243 specified timeframe; requiring the Chief Financial
2244 Officer to make scholarship payments to the
2245 department; providing requirements for such payments;
2246 requiring the department to request from the
2247 Department of Financial Services a sample of certain
2248 endorsed warrants for a specified purpose; providing
2249 immunity from liability for the state; providing a
2250 scope of authority with regard to the regulation of
2251 private schools; requiring the state board to adopt
2252 rules; providing an implementation schedule for a
2253 specified school year; providing additional
2254 eligibility requirements; requiring the Department of
2255 Education to expedite the publication of specified
2256 information on the department’s website; providing a
2257 deadline for a specified payment by the Chief
2258 Financial Officer; providing for the expiration of
2259 provisions related to a specified school year;
2260 amending s. 1002.385, F.S.; deleting the authorization
2261 for certain nonprofit scholarship-funding
2262 organizations to receive specified funds; amending s.
2263 1002.395, F.S.; revising eligibility requirements
2264 under the Florida Tax Credit Scholarship Program for
2265 certain students; revising obligations of certain
2266 nonprofit scholarship-funding organizations relating
2267 to the program; revising a requirement for certain
2268 contributions to annually be used by a specified date
2269 to provide scholarships to eligible students; revising
2270 the calculation methodology to be used for the
2271 scholarship amount provided to certain students under
2272 the program; amending s. 1002.40, F.S.; revising the
2273 calculation methodology to be used for awards under
2274 the Hope Scholarship Program; conforming provisions to
2275 changes made by the act; specifying limitations on the
2276 amount of certain contributions of which eligible
2277 scholarship-funding organizations may carry forward to
2278 the following fiscal year; authorizing certain funds
2279 relating to the Hope Scholarship Program to be used to
2280 fund the Florida Tax Credit Scholarship Program, under
2281 specified conditions; expanding the language required
2282 to be included on the contribution election form
2283 relating to the Hope Scholarship Program and the
2284 Florida Tax Credit Scholarship Program; amending s.
2285 1002.411, F.S.; deleting obsolete language; revising
2286 the award of reading scholarship accounts to be
2287 provided in the General Appropriations Act; deleting
2288 the authorization for certain nonprofit scholarship
2289 funding organizations to receive specified funds;
2290 creating part VII of ch. 1003, F.S., entitled “Public
2291 School Innovation”; creating s. 1003.64, F.S.;
2292 providing legislative intent; creating the Community
2293 School Grant Program within the department; providing
2294 the purpose of the program; defining terms;
2295 establishing the Center for Community Schools within
2296 the University of Central Florida; authorizing the
2297 center to facilitate the implementation of its
2298 community school model through grants; providing
2299 duties for the center; providing that, in prioritizing
2300 planning grant awards, priority must be given to
2301 certain school districts; requiring the center to
2302 annually publish, by a specified date, specified
2303 information on its website; amending s. 1004.04, F.S.;
2304 revising requirements for the rules to establish
2305 uniform core curricula for state-approved teacher
2306 preparation programs; revising the evidence to be used
2307 in the determination of continued approval of teacher
2308 preparation programs; revising reporting requirements
2309 for public and private institutions that offer state
2310 approved teacher preparation programs; revising
2311 requirements for preservice field experience courses
2312 and internships; amending s. 1004.85, F.S.; revising
2313 requirements for educator preparation programs;
2314 revising requirements relating to annual performance
2315 evaluations that educator preparation institutes are
2316 required to submit to the department; amending s.
2317 1008.33, F.S.; authorizing a district-managed
2318 turnaround plan to include a proposal regarding the
2319 length and number of planned school days; making a
2320 technical change; amending s. 1011.62, F.S.; deleting
2321 a requirement for the total allocation of the
2322 federally connected student supplement to be prorated
2323 under specified circumstances; creating the Florida
2324 Best and Brightest Teacher and Principal Allocation;
2325 providing the purpose of the allocation; requiring
2326 that, subject to the appropriation of funds, each
2327 school district receive an allocation based on its
2328 proportional share of Florida Education Finance
2329 Program base funding; authorizing the Legislature to
2330 specify a minimum allocation; requiring school
2331 districts to provide specified awards to eligible
2332 teachers and principals from allocated funds;
2333 requiring school districts to prorate awards under
2334 certain circumstances; creating the turnaround school
2335 supplemental services allocation; providing a purpose;
2336 providing for services that may be funded by the
2337 allocation; requiring a school district to submit a
2338 plan to its school board before distribution of the
2339 allocation; specifying requirements for such plans;
2340 requiring each school district to annually submit
2341 approved plans to the commissioner by a specified
2342 date; specifying the basis for each school district’s
2343 funding allocation; providing for a school’s continued
2344 eligibility for funding; amending s. 1011.71, F.S.;
2345 conforming a cross-reference and provisions to changes
2346 made by the act; amending s. 1012.56, F.S.; deleting
2347 obsolete language; requiring school districts to
2348 provide test support information to individuals who do
2349 not meet passing scores on any subtest of the general
2350 knowledge examination; deleting the requirement that
2351 an individual who holds a temporary certificate
2352 demonstrate mastery of general knowledge within a
2353 specified timeframe; removing the prohibition on
2354 employment for an individual who has not met specified
2355 requirements; expanding circumstances under which the
2356 State Board of Education is required to adopt rules to
2357 allow the department to extend the validity period of
2358 a temporary certificate; requiring the department to
2359 extend, rather than reissue, a temporary certificate
2360 in certain circumstances; amending s. 1012.59, F.S.;
2361 revising requirements for rulemaking by the state
2362 board relating to certification fees; deleting a
2363 requirement that an examination fee be sufficient to
2364 cover the actual cost of developing and administering
2365 the examination; amending s. 1012.731, F.S.; renaming
2366 the Florida Best and Brightest Teacher Scholarship
2367 Program as the Florida Best and Brightest Teacher
2368 Program; revising legislative intent relating to the
2369 program; deleting authority for the Department of
2370 Education to administer the program; specifying the
2371 funding source for the program; providing for
2372 recruitment, retention, and recognition awards;
2373 providing eligibility requirements; deleting a
2374 requirement for school districts to submit certain
2375 information to the department; deleting a requirement
2376 for the department to disburse scholarship funds to
2377 certain school districts; deleting a requirement for
2378 school districts to award specified scholarships;
2379 deleting a definition; amending s. 1012.732, F.S.;
2380 renaming the Florida Best and Brightest Principal
2381 Scholarship Program as the Florida Best and Brightest
2382 Principal Program; revising legislative intent
2383 relating to program; deleting authority for the
2384 department to administer the program; specifying the
2385 funding source for the program; providing eligibility
2386 requirements; deleting a requirement for the
2387 department to identify eligible school principals and
2388 disburse funds; deleting a requirement for school
2389 districts to award scholarships to specified school
2390 principals; deleting a requirement for school
2391 districts to provide certain principals with
2392 additional authority and responsibilities; deleting a
2393 definition; amending s. 1013.31, F.S.; authorizing a
2394 school district, in the absence of a survey
2395 recommendation, to use funds from a taxpayer-approved
2396 bond referendum to fund construction of educational,
2397 auxiliary, or ancillary facilities and to use funds
2398 from a specified district school tax for certain
2399 capital outlay purposes; authorizing the commissioner
2400 to direct specified capital outlay funds to be
2401 withheld from school districts until a specified time;
2402 amending s. 1013.64, F.S.; revising the information
2403 required to be included in a school district’s request
2404 to receive certain funding; prohibiting a district
2405 school board from using funds from state sources for
2406 certain new construction of educational plant space;
2407 providing exceptions; requiring the department, in
2408 conjunction with the Office of Economic and
2409 Demographic Research, to review and revise the limits
2410 on the cost per student station, based on certain
2411 factors; requiring the department to use the adjusted
2412 cost per student station for each instructional level;
2413 requiring the department to collaborate with the
2414 office to select a certain index by a specified date;
2415 deleting a requirement for the department to make
2416 final determinations on district compliance; removing
2417 a prohibition on the use of funds for certain new
2418 construction; revising the costs that may be included
2419 and that may not be included in calculating the cost
2420 per student station; amending chapter 2018-6, L.O.F.;
2421 expanding the authority of the Department of Revenue
2422 to adopt emergency rules; providing an effective date.