Florida Senate - 2024 COMMITTEE AMENDMENT
Bill No. SB 996
Ì276456DÎ276456
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
01/31/2024 .
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The Committee on Education Pre-K -12 (Burgess) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (f) of subsection (1) and paragraphs
6 (b) and (c) of subsection (2) of section 192.0105, Florida
7 Statutes, are amended to read:
8 192.0105 Taxpayer rights.—There is created a Florida
9 Taxpayer’s Bill of Rights for property taxes and assessments to
10 guarantee that the rights, privacy, and property of the
11 taxpayers of this state are adequately safeguarded and protected
12 during tax levy, assessment, collection, and enforcement
13 processes administered under the revenue laws of this state. The
14 Taxpayer’s Bill of Rights compiles, in one document, brief but
15 comprehensive statements that summarize the rights and
16 obligations of the property appraisers, tax collectors, clerks
17 of the court, local governing boards, the Department of Revenue,
18 and taxpayers. Additional rights afforded to payors of taxes and
19 assessments imposed under the revenue laws of this state are
20 provided in s. 213.015. The rights afforded taxpayers to assure
21 that their privacy and property are safeguarded and protected
22 during tax levy, assessment, and collection are available only
23 insofar as they are implemented in other parts of the Florida
24 Statutes or rules of the Department of Revenue. The rights so
25 guaranteed to state taxpayers in the Florida Statutes and the
26 departmental rules include:
27 (1) THE RIGHT TO KNOW.—
28 (f) The right of an exemption recipient to be sent a
29 renewal application for that exemption, the right to a receipt
30 for homestead exemption claim when filed, and the right to
31 notice of denial of the exemption (see ss. 196.011(7)
32 196.011(6), 196.131(1), 196.151, and 196.193(1)(c) and (5)).
33
34 Notwithstanding the right to information contained in this
35 subsection, under s. 197.122 property owners are held to know
36 that property taxes are due and payable annually and are charged
37 with a duty to ascertain the amount of current and delinquent
38 taxes and obtain the necessary information from the applicable
39 governmental officials.
40 (2) THE RIGHT TO DUE PROCESS.—
41 (b) The right to petition the value adjustment board over
42 objections to assessments, denial of exemption, denial of
43 agricultural classification, denial of historic classification,
44 denial of high-water recharge classification, disapproval of tax
45 deferral, and any penalties on deferred taxes imposed for
46 incorrect information willfully filed. Payment of estimated
47 taxes does not preclude the right of the taxpayer to challenge
48 his or her assessment (see ss. 194.011(3), 196.011(7) and
49 (10)(a), 196.151, 196.193(1)(c) and (5), 193.461(2), 193.503(7),
50 193.625(2), 197.2425, 197.301(2), and 197.2301(11) ss.
51 194.011(3), 196.011(6) and (9)(a), 196.151, 196.193(1)(c) and
52 (5), 193.461(2), 193.503(7), 193.625(2), 197.2425, 197.301(2),
53 and 197.2301(11)).
54 (c) The right to file a petition for exemption or
55 agricultural classification with the value adjustment board when
56 an application deadline is missed, upon demonstration of
57 particular extenuating circumstances for filing late (see ss.
58 193.461(3)(a) and 196.011(1), (8), (9), and (10)(e) ss.
59 193.461(3)(a) and 196.011(1), (7), (8), and (9)(e)).
60 Section 2. Paragraphs (b), (c), and (d) of subsection (1)
61 of section 192.048, Florida Statutes, are amended to read:
62 192.048 Electronic transmission.—
63 (1) Subject to subsection (2), the following documents may
64 be transmitted electronically rather than by regular mail:
65 (b) The tax exemption renewal application required under s.
66 196.011(7)(a) s. 196.011(6)(a).
67 (c) The tax exemption renewal application required under s.
68 196.011(7)(b) s. 196.011(6)(b).
69 (d) A notification of an intent to deny a tax exemption
70 required under s. 196.011(10)(e) s. 196.011(9)(e).
71 Section 3. Subsections (3) and (4) of section 196.082,
72 Florida Statutes, are amended to read:
73 196.082 Discounts for disabled veterans; surviving spouse
74 carryover.—
75 (3) If the partially or totally and permanently disabled
76 veteran predeceases his or her spouse and if, upon the death of
77 the veteran, the spouse holds the legal or beneficial title to
78 the homestead and permanently resides thereon as specified in s.
79 196.031, the discount from ad valorem tax that the veteran
80 received carries over to the benefit of the veteran’s spouse
81 until such time as he or she remarries or sells or otherwise
82 disposes of the property. If the spouse sells or otherwise
83 disposes of the property, a discount not to exceed the dollar
84 amount granted from the most recent ad valorem tax roll may be
85 transferred to his or her new residence, as long as it is used
86 as his or her primary residence and he or she does not remarry.
87 An applicant who is qualified to receive a discount under this
88 section and who fails to file an application by March 1 may file
89 an application for the discount and may file a petition pursuant
90 to s. 194.011(3) with the value adjustment board requesting that
91 the discount be granted. Such application and petition shall be
92 subject to the same procedures as for exemptions set forth in s.
93 196.011(9) s. 196.011(8).
94 (4) To qualify for the discount granted under this section,
95 an applicant must submit to the county property appraiser by
96 March 1:
97 (a) An official letter from the United States Department of
98 Veterans Affairs which states the percentage of the veteran’s
99 service-connected disability and evidence that reasonably
100 identifies the disability as combat-related;
101 (b) A copy of the veteran’s honorable discharge; and
102 (c) Proof of age as of January 1 of the year to which the
103 discount will apply.
104
105 Any applicant who is qualified to receive a discount under this
106 section and who fails to file an application by March 1 may file
107 an application for the discount and may file, pursuant to s.
108 194.011(3), a petition with the value adjustment board
109 requesting that the discount be granted. Such application and
110 petition shall be subject to the same procedures as for
111 exemptions set forth in s. 196.011(9) s. 196.011(8).
112 Section 4. Present subsections (5) through (12) of section
113 196.011, Florida Statutes, are redesignated as subsections (6)
114 through (13), respectively, a new subsection (5) is added to
115 that section, and subsection (1) and present subsections (10)
116 and (11) of that section are amended, to read:
117 196.011 Annual application required for exemption.—
118 (1)(a) Except as provided in s. 196.081(1)(b), every person
119 or organization who, on January 1, has the legal title to real
120 or personal property, except inventory, which is entitled by law
121 to exemption from taxation as a result of its ownership and use
122 shall, on or before March 1 of each year, file an application
123 for exemption with the county property appraiser, listing and
124 describing the property for which exemption is claimed and
125 certifying its ownership and use. The Department of Revenue
126 shall prescribe the forms upon which the application is made.
127 Failure to make application, when required, on or before March 1
128 of any year shall constitute a waiver of the exemption privilege
129 for that year, except as provided in subsection (7) or
130 subsection (9) (8).
131 (b) The form to apply for an exemption under s. 196.031, s.
132 196.081, s. 196.091, s. 196.101, s. 196.102, s. 196.173, or s.
133 196.202 must include a space for the applicant to list the
134 social security number of the applicant and of the applicant’s
135 spouse, if any. If an applicant files a timely and otherwise
136 complete application, and omits the required social security
137 numbers, the application is incomplete. In that event, the
138 property appraiser shall contact the applicant, who may refile a
139 complete application by April 1. Failure to file a complete
140 application by that date constitutes a waiver of the exemption
141 privilege for that year, except as provided in subsection (7) or
142 subsection (9) (8).
143 (5) It is not necessary to make annual application for
144 exemption on property used to house a charter school pursuant to
145 s. 196.1983. The owner or lessee of any property used to house a
146 charter school pursuant to s. 196.1983 who is not required to
147 file an annual application shall notify the property appraiser
148 promptly whenever the use of the property or the status or
149 condition of the owner or lessee changes so as to change the
150 exempt status of the property. If any owner or lessee fails to
151 so notify the property appraiser and the property appraiser
152 determines that for any year within the prior 10 years the owner
153 or lessee was not entitled to receive such exemption, the owner
154 or lessee of the property is subject to the taxes exempted as a
155 result of such failure plus 15 percent interest per annum and a
156 penalty of 50 percent of the taxes exempted. The property
157 appraiser making such determination shall record in the public
158 records of the county a notice of tax lien against any property
159 owned by that person or entity in the county, and such property
160 must be identified in the notice of tax lien. Such property is
161 subject to the payment of all taxes and penalties. Such lien
162 when filed shall attach to any property, identified in the
163 notice of tax lien, owned by the person or entity who illegally
164 or improperly received the exemption. If such person or entity
165 no longer owns property in that county but owns property in some
166 other county or counties in the state, the property appraiser
167 shall record a notice of tax lien in such other county or
168 counties, identifying the property owned by such person or
169 entity in such county or counties, and it shall become a lien
170 against such property in such county or counties.
171 (11)(10) At the option of the property appraiser and
172 notwithstanding any other provision of this section, initial or
173 original applications for homestead exemption for the succeeding
174 year may be accepted and granted after March 1. Reapplication on
175 a short form as authorized by subsection (6) (5) shall be
176 required if the county has not waived the requirement of an
177 annual application. Once the initial or original application and
178 reapplication have been granted, the property may qualify for
179 the exemption in each succeeding year pursuant to the provisions
180 of subsection (7) (6) or subsection (10) (9).
181 (12)(11) For exemptions enumerated in paragraph (1)(b),
182 social security numbers of the applicant and the applicant’s
183 spouse, if any, are required and must be submitted to the
184 department. Applications filed pursuant to subsection (6) (5) or
185 subsection (7) (6) shall include social security numbers of the
186 applicant and the applicant’s spouse, if any. For counties where
187 the annual application requirement has been waived, property
188 appraisers may require refiling of an application to obtain such
189 information.
190 Section 5. Paragraph (a) of subsection (24) of section
191 1002.33, Florida Statutes, is amended to read:
192 1002.33 Charter schools.—
193 (24) RESTRICTION ON EMPLOYMENT OF RELATIVES.—
194 (a) This subsection applies to charter school personnel in
195 a charter school operated by a private entity. As used in this
196 subsection, the term:
197 1. “Charter school personnel” means a charter school owner,
198 president, chairperson of the governing board of directors,
199 superintendent, governing board member, principal, assistant
200 principal, or any other person employed by the charter school
201 who has equivalent decisionmaking authority and in whom is
202 vested the authority, or to whom the authority has been
203 delegated, to appoint, employ, promote, or advance individuals
204 or to recommend individuals for appointment, employment,
205 promotion, or advancement in connection with employment in a
206 charter school, including the authority as a member of a
207 governing body of a charter school to vote on the appointment,
208 employment, promotion, or advancement of individuals.
209 2. “Relative” means father, mother, son, daughter, brother,
210 sister, uncle, aunt, first cousin, nephew, niece, husband, wife,
211 father-in-law, mother-in-law, son-in-law, daughter-in-law,
212 brother-in-law, sister-in-law, stepfather, stepmother, stepson,
213 stepdaughter, stepbrother, stepsister, half brother, or half
214 sister.
215
216 Charter school personnel in schools operated by a municipality
217 or other public entity are subject to s. 112.3135.
218 Section 6. Paragraph (b) of subsection (5) of section
219 1002.45, Florida Statutes, is amended to read:
220 1002.45 Virtual instruction programs.—
221 (5) STUDENT PARTICIPATION REQUIREMENTS.—Each student
222 enrolled in the school district’s virtual instruction program
223 authorized pursuant to paragraph (1)(c) must:
224 (b) Take statewide assessments pursuant to s. 1008.22 and
225 participate in the coordinated screening and progress monitoring
226 system under s. 1008.25(9). Statewide assessments and progress
227 monitoring may be administered within the school district in
228 which such student resides, or as specified in the contract
229 under in accordance with s. 1008.24(3). If requested by the
230 approved virtual instruction program provider or virtual charter
231 school, the district of residence must provide the student with
232 access to the district’s testing facilities. It is the
233 responsibility of the approved virtual instruction program
234 provider or virtual charter school to provide a list of students
235 to be administered statewide assessments and progress monitoring
236 to the school district, including the students’ names, Florida
237 Education Identifiers, grade levels, assessments and progress
238 monitoring to be administered, and contact information. Unless
239 an alternative testing site is mutually agreed to by the
240 approved virtual instruction program provider or virtual charter
241 school and the school district, or as specified in the contract
242 under s. 1008.24, all assessments and progress monitoring must
243 be taken at the school to which the student would be assigned
244 according to district school board attendance policies. A school
245 district must provide the student with access to the school’s or
246 district’s testing facilities and provide the student with the
247 date and time of the administration of each assessment and
248 progress monitoring.
249 Section 7. Section 1003.052, Florida Statutes, is created
250 to read:
251 1003.052 The Purple Star School District Program.—
252 (1)(a) The Department of Education shall establish the
253 Purple Star School District Program. At a minimum, the program
254 must require a participating school district to:
255 1. Have at least 75 percent of the schools within the
256 district be designated as Purple Star Campuses under s.
257 1003.051.
258 2. Maintain a web page on the district’s website which
259 includes resources for military students and their families and
260 a link to each Purple Star Campus’s web page that meets the
261 requirements of s. 1003.051(2)(a)2.
262 (b) The department may establish additional program
263 criteria to identify school districts that demonstrate a
264 commitment to or provide critical coordination of services for
265 military students and their families, including, but not limited
266 to, establishing a council consisting of a representative from
267 each Purple Star Campus in the district and one district-level
268 representative to ensure the alignment of military student
269 focused policies and procedures within the district.
270 (2) The State Board of Education may adopt rules to
271 administer this section.
272 Section 8. Present subsection (4) of section 1003.451,
273 Florida Statutes, is redesignated as subsection (5), and a new
274 subsection (4) is added to that section, to read:
275 1003.451 Junior Reserve Officers’ Training Corps; military
276 recruiters; access to public school campuses; Armed Services
277 Vocational Aptitude Battery (ASVAB).—
278 (4) Each school district and charter school shall provide
279 students in grades 11 and 12 an opportunity to take the Armed
280 Services Vocational Aptitude Battery (ASVAB) and consult with a
281 military recruiter if the student selects. To optimize student
282 participation, the ASVAB must be scheduled during normal school
283 hours.
284 Section 9. Paragraphs (a) and (c) of subsection (1),
285 paragraph (a) of subsection (2), and subsections (3) through (7)
286 of section 1003.53, Florida Statutes, are amended, and paragraph
287 (c) is added to subsection (2) of that section, to read:
288 1003.53 Dropout prevention and academic intervention.—
289 (1)(a) Dropout prevention and academic intervention
290 programs may differ from traditional educational programs and
291 schools in scheduling, administrative structure, philosophy,
292 curriculum, or setting and shall employ alternative teaching
293 methodologies, curricula, learning activities, and diagnostic
294 and assessment procedures in order to meet the needs, interests,
295 abilities, and talents of eligible students. The educational
296 program shall provide curricula, character development and law
297 education, and related services that support the program goals
298 and lead to improved performance in the areas of academic
299 achievement, attendance, and discipline. Student participation
300 in such programs shall be voluntary. District school boards may,
301 however, assign students to a disciplinary program for
302 disruptive students or an alternative school setting or other
303 program pursuant to s. 1006.13. Notwithstanding any other
304 provision of law to the contrary, no student shall be identified
305 as being eligible to receive services funded through the dropout
306 prevention and academic intervention program based solely on the
307 student being from a single-parent family or having a
308 disability.
309 (c) A student shall be identified as being eligible to
310 receive services funded through the dropout prevention and
311 academic intervention program based upon one of the following
312 criteria:
313 1. The student is academically unsuccessful as evidenced by
314 low test scores, retention, failing grades, low grade point
315 average, falling behind in earning credits, or not meeting the
316 state or district achievement levels in reading, mathematics, or
317 writing.
318 2. The student has a pattern of excessive absenteeism or
319 has been identified as a habitual truant.
320 3. The student has a history of disruptive behavior in
321 school or has committed an offense that warrants out-of-school
322 suspension or expulsion from school according to the district
323 school board’s code of student conduct. For the purposes of this
324 program, “disruptive behavior” is behavior that:
325 a. Interferes with the student’s own learning or the
326 educational process of others and requires attention and
327 assistance beyond that which the traditional program can provide
328 or results in frequent conflicts of a disruptive nature while
329 the student is under the jurisdiction of the school either in or
330 out of the classroom; or
331 b. Severely threatens the general welfare of students or
332 others with whom the student comes into contact.
333 4. The student is identified by a school’s early warning
334 system pursuant to s. 1001.42(18)(b).
335 (2)(a) Each district school board may establish dropout
336 prevention and academic intervention programs at the elementary,
337 middle, junior high school, or high school level. Programs
338 designed to eliminate patterns of excessive absenteeism or
339 habitual truancy shall emphasize academic performance and may
340 provide specific instruction in the areas of career education,
341 preemployment training, and behavioral management. Such programs
342 shall utilize instructional teaching methods and student
343 services that lead to improved student behavior as appropriate
344 to the specific needs of the student.
345 (c) For each student enrolled in a dropout prevention and
346 academic intervention program, an academic intervention plan
347 shall be developed to address eligibility for placement in the
348 program and to provide individualized student goals and progress
349 monitoring procedures. A student’s academic intervention plan
350 must be consistent with the student’s individual education plan
351 (IEP).
352 (3) Each district school board providing receiving state
353 funding for dropout prevention and academic intervention
354 programs through the General Appropriations Act shall submit
355 information through an annual report to the Department of
356 Education’s database documenting the extent to which each of the
357 district’s dropout prevention and academic intervention programs
358 has been successful in the areas of graduation rate, dropout
359 rate, attendance rate, and retention/promotion rate. The
360 department shall compile this information into an annual report
361 which shall be submitted to the presiding officers of the
362 Legislature by February 15.
363 (4) Each district school board shall establish course
364 standards, as defined by rule of the State Board of Education,
365 for dropout prevention and academic intervention programs and
366 procedures for ensuring that teachers assigned to the programs
367 are certified pursuant to s. 1012.55 and possess the affective,
368 pedagogical, and content-related skills necessary to meet the
369 needs of these students.
370 (5) Each district school board providing a dropout
371 prevention and academic intervention program pursuant to this
372 section shall maintain for each participating student records
373 documenting the student’s eligibility, the length of
374 participation, the type of program to which the student was
375 assigned or the type of academic intervention services provided,
376 and an evaluation of the student’s academic and behavioral
377 performance while in the program. The school principal or his or
378 her designee shall, prior to placement in a dropout prevention
379 and academic intervention program or the provision of an
380 academic service, provide written notice of placement or
381 services by certified mail, return receipt requested, to the
382 student’s parent. The parent of the student shall sign an
383 acknowledgment of the notice of placement or service and return
384 the signed acknowledgment to the principal within 3 days after
385 receipt of the notice. District school boards may adopt a policy
386 that allows a parent to agree to an alternative method of
387 notification. Such agreement may be made before the need for
388 notification arises or at the time the notification becomes
389 required. The parents of a student assigned to such a dropout
390 prevention and academic intervention program shall be notified
391 in writing and entitled to an administrative review of any
392 action by school personnel relating to such placement pursuant
393 to the provisions of chapter 120.
394 (6) District school board dropout prevention and academic
395 intervention programs shall be coordinated with social service,
396 law enforcement, prosecutorial, and juvenile justice agencies
397 and juvenile assessment centers in the school district.
398 Notwithstanding the provisions of s. 1002.22, these agencies are
399 authorized to exchange information contained in student records
400 and juvenile justice records. Such information is confidential
401 and exempt from the provisions of s. 119.07(1). District school
402 boards and other agencies receiving such information shall use
403 the information only for official purposes connected with the
404 certification of students for admission to and for the
405 administration of the dropout prevention and academic
406 intervention program, and shall maintain the confidentiality of
407 such information unless otherwise provided by law or rule.
408 (7) The State Board of Education shall have the authority
409 pursuant to ss. 120.536(1) and 120.54 to adopt rules necessary
410 to implement the provisions of this section; such rules shall
411 require the minimum amount of necessary paperwork and reporting.
412 Section 10. Section 1004.051, Florida Statutes, is created
413 to read:
414 1004.051 Regulation of working students.—
415 (1) A public postsecondary institution may not, as a
416 condition of admission to or enrollment in any of the
417 institution’s schools, colleges, or programs, implicitly or
418 explicitly prohibit an applicant or currently enrolled student
419 from being employed, either full time or part time.
420 (2) This section does not apply if the applicant or
421 currently enrolled student is employed by an organization or
422 agency that is affiliated or associated with a foreign country
423 of concern as defined in s. 288.860(1).
424 Section 11. Present subsections (3) through (16) of section
425 1006.38, Florida Statutes, are redesignated as subsections (4)
426 through (17), respectively, a new subsection (3) is added to
427 that section, and present subsections (14) and (16) of that
428 section are amended, to read:
429 1006.38 Duties, responsibilities, and requirements of
430 instructional materials publishers and manufacturers.—This
431 section applies to both the state and district approval
432 processes. Publishers and manufacturers of instructional
433 materials, or their representatives, shall:
434 (3) For each adoption cycle, make sample copies of all
435 instructional materials on the commissioner’s list of state
436 adopted instructional materials available electronically for use
437 by educator preparation institutes as defined in s. 1004.85(1)
438 to enable educators to practice teaching with currently adopted
439 instructional materials aligned to state academic standards.
440 (15)(14) Accurately and fully disclose only the names of
441 those persons who actually authored the instructional materials.
442 In addition to the penalties provided in subsection (17) (16),
443 the commissioner may remove from the list of state-adopted
444 instructional materials those instructional materials whose
445 publisher or manufacturer misleads the purchaser by falsely
446 representing genuine authorship.
447 (17)(16) Upon the willful failure of the publisher or
448 manufacturer to comply with the requirements of this section, be
449 liable to the department in the amount of three times the total
450 sum which the publisher or manufacturer was paid in excess of
451 the price required under subsections (5) and (6) and (7) and in
452 the amount of three times the total value of the instructional
453 materials and services which the district school board is
454 entitled to receive free of charge under subsection (8) (7).
455 Section 12. Subsections (9) and (12) of section 1007.25,
456 Florida Statutes, are amended to read:
457 1007.25 General education courses; common prerequisites;
458 other degree requirements.—
459 (9)(a) An associate in arts degree must shall require no
460 more than 60 semester hours of college credit and include 36
461 semester hours of general education coursework. Beginning with
462 students initially entering a Florida College System institution
463 or state university in the 2014-2015 academic year and
464 thereafter, coursework for an associate in arts degree must
465 shall include demonstration of competency in a foreign language
466 pursuant to s. 1007.262. Except for developmental education
467 required pursuant to s. 1008.30, all required coursework must
468 shall count toward the associate in arts degree or the
469 baccalaureate degree.
470 (b) An associate in arts specialized transfer degree must
471 include 36 semester hours of general education coursework and
472 require 60 semester hours or more of college credit. Specialized
473 transfer degrees are designed for Florida College System
474 institution students who need supplemental lower-level
475 coursework in preparation for transfer to another institution.
476 The State Board of Education shall establish criteria for the
477 review and approval of new specialized transfer degrees. The
478 approval process must require:
479 1. A Florida College System institution to submit a notice
480 of its intent to propose a new associate in arts specialized
481 degree program to the Division of Florida Colleges. The notice
482 must include the recommended credit hours, the rationale for the
483 specialization, the demand for students entering the field, and
484 the coursework being proposed to be included beyond the 60
485 semester hours required for the general transfer degree, if
486 applicable. Notices of intent may be submitted by a Florida
487 College System institution at any time.
488 2. The Division of Florida Colleges to forward the notice
489 of intent within 10 business days after receipt to all Florida
490 College System institutions and to the Chancellor of the State
491 University System, who shall forward the notice to all state
492 universities. State universities and Florida College System
493 institutions shall have 60 days after receipt of the notice to
494 submit comments to the proposed associate in arts specialized
495 transfer degree.
496 3. After the submission of comments pursuant to
497 subparagraph 2., the requesting Florida College System
498 institution to submit a proposal that, at a minimum, includes:
499 a. Evidence that the coursework for the associate in arts
500 specialized transfer degree includes demonstration of competency
501 in a foreign language pursuant to s. 1007.262 and demonstration
502 of civic literacy competency as provided in subsection (5).
503 b. Demonstration that all required coursework will count
504 toward the associate in arts degree or the baccalaureate degree.
505 c. An analysis of demand and unmet need for students
506 entering the specialized field of study at the baccalaureate
507 level.
508 d. Justification for the program length if it exceeds 60
509 credit hours, including references to the common prerequisite
510 manual or other requirements for the baccalaureate degree. This
511 includes documentation of alignment between the exit
512 requirements of a Florida College System institution and the
513 admissions requirements of a baccalaureate program at a state
514 university to which students would typically transfer.
515 e. Articulation agreements for graduates of the associate
516 in arts specialized transfer degree.
517 f. Responses to the comments received under subparagraph 2.
518 (c) The Division of Florida Colleges shall review the
519 proposal and, within 30 days after receipt, shall provide
520 written notification to the Florida College System institution
521 of any deficiencies and provide the institution with an
522 opportunity to correct the deficiencies. Within 45 days after
523 receipt of a completed proposal by the Division of Florida
524 Colleges, the Commissioner of Education shall recommend approval
525 or disapproval of the new specialized transfer degree to the
526 State Board of Education. The State Board of Education shall
527 consider the recommendation at its next meeting.
528 (d) Upon approval of an associate in arts specialized
529 transfer degree by the State Board of Education, a Florida
530 College System institution may offer the degree and shall report
531 data on student and program performance in a manner prescribed
532 by the Department of Education.
533 (e) The State Board of Education shall adopt rules pursuant
534 to ss. 120.536(1) and 120.54 to prescribe format and content
535 requirements and submission procedures for notices of intent,
536 proposals, and compliance reviews under this subsection.
537 (12) A student who received an associate in arts degree for
538 successfully completing 60 semester credit hours may continue to
539 earn additional credits at a Florida College System institution.
540 The university must provide credit toward the student’s
541 baccalaureate degree for an additional Florida College System
542 institution course if, according to the statewide course
543 numbering, the Florida College System institution course is a
544 course listed in the university catalog as required for the
545 degree or as prerequisite to a course required for the degree.
546 Of the courses required for the degree, at least half of the
547 credit hours required for the degree must shall be achievable
548 through courses designated as lower division, except in degree
549 programs approved by the State Board of Education for programs
550 offered by Florida College System institutions and by the Board
551 of Governors for programs offered by state universities.
552 Section 13. Subsection (4) of section 1007.271, Florida
553 Statutes, is amended to read:
554 1007.271 Dual enrollment programs.—
555 (4)(a) District school boards may not refuse to enter into
556 a dual enrollment articulation agreement with a local Florida
557 College System institution if that Florida College System
558 institution has the capacity to offer dual enrollment courses.
559 (b) District school boards must make reasonable efforts to
560 enter into dual enrollment articulation agreements with a
561 Florida College System institution that offers online dual
562 enrollment courses.
563 Section 14. Subsections (4) and (5) of section 1008.33,
564 Florida Statutes, are amended to read:
565 1008.33 Authority to enforce public school improvement.—
566 (4)(a) The state board shall apply intensive intervention
567 and support strategies tailored to the needs of schools earning
568 two consecutive grades of “D” or a grade of “F.” In the first
569 full school year after a school initially earns a grade of “D,”
570 the school district must immediately implement intervention and
571 support strategies prescribed in rule under paragraph (3)(c).
572 For a school that initially earns a grade of “F” or a second
573 consecutive grade of “D,” the school district must either
574 continue implementing or immediately begin implementing
575 intervention and support strategies prescribed in rule under
576 paragraph (3)(c) and for the 2024-2025 school year provide the
577 department, by September 1, with the memorandum of understanding
578 negotiated pursuant to s. 1001.42(21) and, by October 1, a
579 district-managed turnaround plan for approval by the state
580 board. For the 2025-2026 school year and thereafter, the school
581 district must provide the department, by August 1, with the
582 memorandum of understanding negotiated pursuant to s.
583 1001.42(21) and a district-managed turnaround plan for approval
584 by the state board. The plan must include measurable academic
585 benchmarks that put the school on a path to earning and
586 maintaining a grade of “C” or higher The district-managed
587 turnaround plan may include a proposal for the district to
588 implement an extended school day, a summer program, a
589 combination of an extended school day and a summer program, or
590 any other option authorized under paragraph (b) for state board
591 approval. A school district is not required to wait until a
592 school earns a second consecutive grade of “D” to submit a
593 turnaround plan for approval by the state board under this
594 paragraph. Upon approval by the state board, the school district
595 must implement the plan for the remainder of the school year and
596 continue the plan for 1 full school year. The state board may
597 allow a school an additional year of implementation before the
598 school must implement a turnaround option required under
599 paragraph (b) if it determines that the school is likely to
600 improve to a grade of “C” or higher after the first full school
601 year of implementation.
602 (b) Unless an additional year of implementation is provided
603 pursuant to paragraph (a), a school that completes a plan cycle
604 under paragraph (a) and does not improve to a grade of “C” or
605 higher must implement one of the following:
606 1. Reassign students to another school and monitor the
607 progress of each reassigned student;
608 2. Close the school and reopen the school as one or more
609 charter schools, each with a governing board that has a
610 demonstrated record of effectiveness. Upon reopening as a
611 charter school:
612 a. The school district shall continue to operate the school
613 for the following school year and, no later than October 1,
614 execute a charter school turnaround contract that will allow the
615 charter school an opportunity to conduct an evaluation of the
616 educational program and personnel currently assigned to the
617 school during the year in preparation for assuming full
618 operational control of the school and facility by July 1. The
619 school district may not reduce or remove resources from the
620 school during this time.
621 b. The charter school operator must provide enrollment
622 preference to students currently attending or who would have
623 otherwise attended or been zoned for the school. The school
624 district shall consult and negotiate with the charter school
625 every 3 years to determine whether realignment of the attendance
626 zone is appropriate to ensure that students residing closest to
627 the school are provided with an enrollment preference.
628 c. The charter school operator must serve the existing
629 grade levels served by the school at its current enrollment or
630 higher, but may, at its discretion, serve additional grade
631 levels.
632 d. The school district may not charge rental or leasing
633 fees for the existing facility or for the property normally
634 inventoried to the school. The school and the school district
635 shall agree to reasonable maintenance provisions in order to
636 maintain the facility in a manner similar to all other school
637 facilities in the school district.
638 e. The school district may not withhold an administrative
639 fee for the provision of services identified in s.
640 1002.33(20)(a); or
641 3. Contract with an outside entity that has a demonstrated
642 record of effectiveness to provide turnaround services
643 identified in state board rule, which may include school
644 leadership, educational modalities, teacher and leadership
645 professional development, curriculum, operation and management
646 services, school-based administrative staffing, budgeting,
647 scheduling, other educational service provider functions, or any
648 combination thereof. Selection of an outside entity may include
649 one or a combination of the following:
650 a. An external operator, which may be a district-managed
651 charter school or a high-performing charter school network in
652 which all instructional personnel are not employees of the
653 school district, but are employees of an independent governing
654 board composed of members who did not participate in the review
655 or approval of the charter.
656 b. A contractual agreement that allows for a charter school
657 network or any of its affiliated subsidiaries to provide
658 individualized consultancy services tailored to address the
659 identified needs of one or more schools under this section.
660
661 A school district and outside entity under this subparagraph
662 must enter, at minimum, a 2-year, performance-based contract.
663 The contract must include school performance and growth metrics
664 the outside entity must meet on an annual basis. The state board
665 may require the school district to modify or cancel the
666 contract.
667 (c) Implementation of the turnaround option is no longer
668 required if the school improves to a grade of “C” or higher,
669 unless the school district has already executed a charter school
670 turnaround contract pursuant to this section.
671 (d) If a school earning two consecutive grades of “D” or a
672 grade of “F” does not improve to a grade of “C” or higher after
673 2 school years of implementing the turnaround option selected by
674 the school district under paragraph (b), the school district
675 must implement another turnaround option. Implementation of the
676 turnaround option must begin the school year following the
677 implementation period of the existing turnaround option, unless
678 the state board determines that the school is likely to improve
679 to a grade of “C” or higher if additional time is provided to
680 implement the existing turnaround option.
681 (5) The state board shall adopt rules pursuant to ss.
682 120.536(1) and 120.54 to administer this section. The rules
683 shall include timelines for submission of implementation plans,
684 approval criteria for implementation plans, and timelines for
685 implementing intervention and support strategies, a standard
686 charter school turnaround contract, a standard facility lease,
687 and a mutual management agreement. The state board shall consult
688 with education stakeholders in developing the rules.
689 Section 15. Paragraph (c) of subsection (3) of section
690 1008.34, Florida Statutes, are amended to read:
691 1008.34 School grading system; school report cards;
692 district grade.—
693 (3) DESIGNATION OF SCHOOL GRADES.—
694 (c)1. The calculation of a school grade shall be based on
695 the percentage of points earned from the components listed in
696 subparagraph (b)1. and, if applicable, subparagraph (b)2. The
697 State Board of Education shall adopt in rule a school grading
698 scale that sets the percentage of points needed to earn each of
699 the school grades listed in subsection (2). There shall be at
700 least five percentage points separating the percentage
701 thresholds needed to earn each of the school grades. The state
702 board shall annually review the percentage of school grades of
703 “A” and “B” for the school year to determine whether to adjust
704 the school grading scale upward for the following school year’s
705 school grades. The first adjustment would occur no earlier than
706 the 2023-2024 school year. An adjustment must be made if the
707 percentage of schools earning a grade of “A” or “B” in the
708 current year represents 75 percent or more of all graded schools
709 within a particular school type, which consists of elementary,
710 middle, high, and combination. The adjustment must reset the
711 minimum required percentage of points for each grade of “A,”
712 “B,” “C,” or “D” at the next highest percentage ending in the
713 numeral 5 or 0, whichever is closest to the current percentage.
714 Annual reviews of the percentage of schools earning a grade of
715 “A” or “B” and adjustments to the required points must be
716 suspended when the following grading scale for a specific school
717 type is achieved:
718 a. Ninety percent or more of the points for a grade of “A.”
719 b. Eighty to eighty-nine percent of the points for a grade
720 of “B.”
721 c. Seventy to seventy-nine percent of the points for a
722 grade of “C.”
723 d. Sixty to sixty-nine percent of the points for a grade of
724 “D.”
725
726 When the state board adjusts the grading scale upward, the state
727 board must inform the public of the degree of the adjustment and
728 its anticipated impact on school grades. Beginning in the 2024
729 2025 school year, any changes made by the state board to
730 components in the school grades model or to the school grading
731 scale shall go into effect, at the earliest, in the following
732 school year.
733 2. The calculation of school grades may not include any
734 provision that would raise or lower the school’s grade beyond
735 the percentage of points earned. Extra weight may not be added
736 in the calculation of any components.
737 Section 16. Paragraph (c) of subsection (3) of section
738 1009.21, Florida Statutes, is amended to read:
739 1009.21 Determination of resident status for tuition
740 purposes.—Students shall be classified as residents or
741 nonresidents for the purpose of assessing tuition in
742 postsecondary educational programs offered by charter technical
743 career centers or career centers operated by school districts,
744 in Florida College System institutions, and in state
745 universities.
746 (3)
747 (c) Each institution of higher education shall
748 affirmatively determine that an applicant who has been granted
749 admission to that institution as a Florida resident meets the
750 residency requirements of this section at the time of initial
751 enrollment. The residency determination must be documented by
752 the submission of written or electronic verification that
753 includes two or more of the documents identified in this
754 paragraph, unless the document provided is the document
755 described in sub-subparagraph 1.f., which is deemed a single,
756 conclusive piece of evidence proving residency. No single piece
757 of evidence shall be conclusive.
758 1. The documents must include at least one of the
759 following:
760 a. A Florida voter’s registration card.
761 b. A Florida driver license.
762 c. A State of Florida identification card.
763 d. A Florida vehicle registration.
764 e. Proof of a permanent home in Florida which is occupied
765 as a primary residence by the individual or by the individual’s
766 parent if the individual is a dependent child.
767 f. An application for property tax exemption for homestead
768 property that has been approved by a property appraiser,
769 provided that such property has been continuously maintained as
770 the primary residence for at least 12 months before the first
771 day of the semester for which the resident status is being
772 claimed Proof of a homestead exemption in Florida.
773 g. Transcripts from a Florida high school for multiple
774 years if the Florida high school diploma or high school
775 equivalency diploma was earned within the last 12 months.
776 h. Proof of permanent full-time employment in Florida for
777 at least 30 hours per week for a 12-month period.
778 2. The documents may include one or more of the following:
779 a. A declaration of domicile in Florida.
780 b. A Florida professional or occupational license.
781 c. Florida incorporation.
782 d. A document evidencing family ties in Florida.
783 e. Proof of membership in a Florida-based charitable or
784 professional organization.
785 f. Any other documentation that supports the student’s
786 request for resident status, including, but not limited to,
787 utility bills and proof of 12 consecutive months of payments; a
788 lease agreement and proof of 12 consecutive months of payments;
789 or an official state, federal, or court document evidencing
790 legal ties to Florida.
791 Section 17. Paragraphs (a) through (f) of subsection (10)
792 of section 1009.98, Florida Statutes, are amended to read:
793 1009.98 Stanley G. Tate Florida Prepaid College Program.—
794 (10) PAYMENTS ON BEHALF OF QUALIFIED BENEFICIARIES.—
795 (a) As used in this subsection, the term:
796 1. “Actuarial reserve” means the amount by which the
797 expected value of the assets exceeds the expected value of the
798 liabilities of the trust fund.
799 2. “Dormitory fees” means the fees included under advance
800 payment contracts pursuant to paragraph (2)(d).
801 3. “Fiscal year” means the fiscal year of the state
802 pursuant to s. 215.01.
803 4. “Local fees” means the fees covered by an advance
804 payment contract provided pursuant to subparagraph (2)(b)2.
805 5. “Tuition differential” means the fee covered by advance
806 payment contracts sold pursuant to subparagraph (2)(b)3. The
807 base rate for the tuition differential fee for the 2012-2013
808 fiscal year is established at $37.03 per credit hour. The base
809 rate for the tuition differential in subsequent years is the
810 amount assessed for the tuition differential for the preceding
811 year adjusted pursuant to subparagraph (b)2.
812 (b) Effective with the 2022-2023 2009-2010 academic year
813 and thereafter, and notwithstanding s. 1009.24, the amount paid
814 by the board to any state university on behalf of a qualified
815 beneficiary of an advance payment contract whose contract was
816 purchased before July 1, 2034 2024, shall be:
817 1. As to registration fees, if the actuarial reserve is
818 less than 5 percent of the expected liabilities of the trust
819 fund, the board shall pay the state universities 5.5 percent
820 above the amount assessed for registration fees in the preceding
821 fiscal year. If the actuarial reserve is between 5 percent and 6
822 percent of the expected liabilities of the trust fund, the board
823 shall pay the state universities 6 percent above the amount
824 assessed for registration fees in the preceding fiscal year. If
825 the actuarial reserve is between 6 percent and 7.5 percent of
826 the expected liabilities of the trust fund, the board shall pay
827 the state universities 6.5 percent above the amount assessed for
828 registration fees in the preceding fiscal year. If the actuarial
829 reserve is equal to or greater than 7.5 percent of the expected
830 liabilities of the trust fund, the board shall pay the state
831 universities 7 percent above the amount assessed for
832 registration fees in the preceding fiscal year, whichever is
833 greater.
834 2. As to the tuition differential, if the actuarial reserve
835 is less than 5 percent of the expected liabilities of the trust
836 fund, the board shall pay the state universities 5.5 percent
837 above the amount assessed base rate for the tuition differential
838 fee in the preceding fiscal year. If the actuarial reserve is
839 between 5 percent and 6 percent of the expected liabilities of
840 the trust fund, the board shall pay the state universities 6
841 percent above the amount assessed base rate for the tuition
842 differential fee in the preceding fiscal year. If the actuarial
843 reserve is between 6 percent and 7.5 percent of the expected
844 liabilities of the trust fund, the board shall pay the state
845 universities 6.5 percent above the amount assessed base rate for
846 the tuition differential fee in the preceding fiscal year. If
847 the actuarial reserve is equal to or greater than 7.5 percent of
848 the expected liabilities of the trust fund, the board shall pay
849 the state universities 7 percent above the amount assessed base
850 rate for the tuition differential fee in the preceding fiscal
851 year.
852 3. As to local fees, the board shall pay the state
853 universities 5 percent above the amount assessed for local fees
854 in the preceding fiscal year.
855 4. As to dormitory fees, the board shall pay the state
856 universities 6 percent above the amount assessed for dormitory
857 fees in the preceding fiscal year.
858 5. Qualified beneficiaries of advance payment contracts
859 purchased before July 1, 2007, are exempt from paying any
860 tuition differential fee.
861 (c) Notwithstanding the amount assessed for registration
862 fees, the tuition differential, or local fees, the amount paid
863 by the board to any state university on behalf of a qualified
864 beneficiary of an advance payment contract purchased before July
865 1, 2034 July 1, 2024, may not exceed 100 percent of the amount
866 charged by the state university for the aggregate sum of those
867 fees.
868 (d) Notwithstanding the amount assessed for dormitory fees,
869 the amount paid by the board to any state university on behalf
870 of a qualified beneficiary of an advance payment contract
871 purchased before July 1, 2034 July 1, 2024, may not exceed 100
872 percent of the amount charged by the state university for
873 dormitory fees.
874 (e) Notwithstanding the number of credit hours used by a
875 state university to assess the amount for registration fees,
876 tuition, tuition differential, or local fees, the amount paid by
877 the board to any state university on behalf of a qualified
878 beneficiary of an advance payment contract purchased before July
879 1, 2034 July 1, 2024, may not exceed the number of credit hours
880 taken by that qualified beneficiary at the state university.
881 (f) The board shall pay state universities the actual
882 amount assessed in accordance with law for registration fees,
883 the tuition differential, local fees, and dormitory fees for
884 advance payment contracts purchased on or after July 1, 2034
885 July 1, 2024.
886 Section 18. Subsection (5), paragraph (a) of subsection
887 (6), and subsection (9) of section 1012.79, Florida Statutes,
888 are amended to read:
889 1012.79 Education Practices Commission; organization.—
890 (5) The Commissioner of Education may, at his or her
891 discretion, appoint and remove commission, by a vote of three
892 fourths of the membership, shall employ an executive director,
893 who shall be exempt from career service. The executive director
894 may be dismissed by a majority vote of the membership.
895 (6)(a) The commission shall be assigned to the Department
896 of Education for administrative and fiscal accountability
897 purposes. The commission, in the performance of its powers and
898 duties, may shall not be subject to control, supervision, or
899 direction by the Department of Education.
900 (9) The commission shall make such expenditures as may be
901 necessary in exercising its authority and powers and carrying
902 out its duties and responsibilities, including expenditures for
903 personal services, legal services general counsel or access to
904 counsel, and rent at the seat of government and elsewhere; for
905 books of reference, periodicals, furniture, equipment, and
906 supplies; and for printing and binding. The expenditures of the
907 commission shall be subject to the powers and duties of the
908 Department of Financial Services as provided in s. 17.03.
909 Section 19. Section 1012.86, Florida Statutes, is repealed.
910 Section 20. Subsection (19) of section 1001.64, Florida
911 Statutes, is amended to read:
912 1001.64 Florida College System institution boards of
913 trustees; powers and duties.—
914 (19) Each board of trustees shall appoint, suspend, or
915 remove the president of the Florida College System institution.
916 The board of trustees may appoint a search committee. The board
917 of trustees shall conduct annual evaluations of the president in
918 accordance with rules of the State Board of Education and submit
919 such evaluations to the State Board of Education for review. The
920 evaluation must address the achievement of the performance goals
921 established by the accountability process implemented pursuant
922 to s. 1008.45 and the performance of the president in achieving
923 the annual and long-term goals and objectives established in the
924 Florida College System institution’s employment accountability
925 program implemented pursuant to s. 1012.86.
926 Section 21. Subsection (22) of section 1001.65, Florida
927 Statutes, is amended to read:
928 1001.65 Florida College System institution presidents;
929 powers and duties.—The president is the chief executive officer
930 of the Florida College System institution, shall be corporate
931 secretary of the Florida College System institution board of
932 trustees, and is responsible for the operation and
933 administration of the Florida College System institution. Each
934 Florida College System institution president shall:
935 (22) Submit an annual employment accountability plan to the
936 Department of Education pursuant to the provisions of s.
937 1012.86.
938 Section 22. This act shall take effect July 1, 2024.
939 ================= T I T L E A M E N D M E N T ================
940 And the title is amended as follows:
941 Delete everything before the enacting clause
942 and insert:
943 A bill to be entitled
944 An act relating to education; amending ss. 192.0105,
945 192.048, and 196.082, F.S.; conforming cross
946 references; amending s. 196.011, F.S.; providing that
947 an annual application for exemption on property used
948 to house a charter school is not required; requiring
949 the owner or lessee of such property to notify the
950 property appraiser in specified circumstances;
951 providing penalties; amending s. 1002.33, F.S.;
952 revising the definition of the term “charter school
953 personnel”; amending s. 1002.45 providing
954 responsibilities for approved virtual instruction
955 program providers, virtual charter schools, and school
956 districts relating to statewide assessments and
957 progress monitoring for certain students; creating s.
958 1003.052, F.S.; establishing the Purple Star School
959 District Program; providing requirements for such
960 program; authorizing the Department of Education to
961 establish additional program criteria; authorizing the
962 State Board of Education to adopt rules; amending s.
963 1003.451, F.S.; requiring school districts and charter
964 schools to provide certain students with an
965 opportunity to take the Armed Services Vocational
966 Aptitude Battery and consult with a military
967 recruiter; providing requirements for the scheduling
968 of such test; amending s. 1003.53, F.S.; revising
969 requirements for the assignment of students to
970 disciplinary programs and alternative school settings
971 or other programs; revising requirements for dropout
972 prevention and academic intervention programs;
973 requiring such programs to include academic
974 intervention plans for students; providing
975 requirements for such plans; providing that specified
976 provisions apply to all dropout prevention and
977 academic intervention programs; requiring school
978 principals or their designees to make a reasonable
979 effort to notify parents by specified means and to
980 document such effort; creating s. 1004.051, F.S.;
981 prohibiting a public postsecondary institution from
982 implicitly or explicitly prohibiting specified
983 students from being employed; providing applicability;
984 amending s. 1006.38, F.S.; requiring instructional
985 materials publishers and manufacturers or their
986 representatives to make sample copies of specified
987 instructional materials available electronically for
988 use by certain institutes for a specified purpose;
989 amending s. 1007.25, F.S.; creating associate in arts
990 specialized transfer degrees; providing requirements
991 for such degrees; providing a process for the approval
992 of such degree programs; requiring the state board to
993 adopt specified rules; amending s. 1007.271, F.S.;
994 requiring district school boards to make reasonable
995 efforts to enter into specified agreements with a
996 Florida College System institution for certain online
997 courses; amending s. 1008.33, F.S.; revising the date
998 by which a memorandum of understanding relating to
999 schools in turnaround status must be provided to the
1000 department; revising requirements for district-managed
1001 turnaround plans; providing requirements for
1002 turnaround schools that close and reopen as charter
1003 schools and school districts in which such schools
1004 reside; providing that specified provisions do not
1005 apply to certain turnaround schools; requiring the
1006 State Board of Education to adopt rules for a charter
1007 school turnaround contract and specified leases and
1008 agreements; amending s. 1008.34, F.S.; requiring that
1009 any changes made by the state board to components in
1010 the school grades model or the school grading scale
1011 shall go into effect, at the earliest, the following
1012 school year; amending s. 1009.21, F.S.; providing an
1013 additional method for a student to prove residency for
1014 tuition purposes; providing that such method is deemed
1015 a single, conclusive piece of evidence proving
1016 residency; amending s. 1009.98, F.S.; revising the
1017 definition of the term “tuition differential”;
1018 revising provisions relating to payments the Florida
1019 Prepaid College Board must pay to state universities
1020 on behalf of beneficiaries of specified contracts;
1021 amending s. 1012.79, F.S.; authorizing the
1022 Commissioner of Education to appoint an executive
1023 director of the Education Practices Commission;
1024 revising the purpose of the commission; authorizing
1025 the commission to expend funds for legal services;
1026 repealing s. 1012.86, F.S., relating to the Florida
1027 College System institution employment equity
1028 accountability program; amending ss. 1001.64 and
1029 1001.65, F.S.; conforming provisions to changes made
1030 by the act; providing an effective date.