CODING: Words stricken are deletions; words underlined are additions.House Bill 1839e1
HB 1839, First Engrossed
1 A bill to be entitled
2 An act relating to education finance; providing
3 purposes of the act; providing for a revised
4 funding model for exceptional student education
5 programs and specifying use of a matrix of
6 services; providing for review of delivery of
7 services; providing for rules; providing
8 funding requirements; amending s. 236.078,
9 F.S.; conforming provisions; creating s.
10 236.08011, F.S.; providing for a Florida
11 Education Finance Program for kindergarten
12 through grade 12 and a Florida Education
13 Finance Program for adults; providing for
14 separate calculation and appropriation;
15 amending s. 236.081, F.S., relating to funds
16 for operation of schools; revising provisions
17 to provide for annual allocations to school
18 districts for the K-12 Florida Education
19 Finance Program and the adult Florida Education
20 Finance Program; requiring the Commissioner of
21 Education to specify a matrix of services and
22 intensity levels for exceptional student
23 education; revising program categories;
24 revising provisions relating to calculation of
25 each school district's student enrollment;
26 providing a requirement relating to the
27 computation of district required local effort;
28 conforming provisions; amending s. 236.083,
29 F.S.; authorizing the transfer of certain funds
30 for student transportation; correcting a cross
31 reference; amending s. 237.34, F.S.; revising
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HB 1839, First Engrossed
1 provisions relating to cost accounting and
2 reporting and program expenditure requirements;
3 amending ss. 230.2305, 236.25, 236.602,
4 239.301, and 240.1161, F.S.; correcting cross
5 references and conforming and clarifying
6 language; amending s. 240.209, F.S., relating
7 to Board of Regents' powers and duties;
8 providing performance measures for program
9 reviews; providing budget requirements and
10 requiring documentation; amending s. 240.605,
11 F.S., relating to Florida resident access
12 grants; revising funding provisions; directing
13 the State Board of Community Colleges and the
14 Board of Regents to analyze the expenditure of
15 PECO funds in order to reduce excessive costs;
16 requiring the development of cost standards for
17 facilities; requiring a report; amending s.
18 216.301, F.S., relating to the disposition of
19 certain unspent appropriations of the
20 Department of Education; amending s. 240.632,
21 F.S.; providing that the Florida Martin Luther
22 King, Jr., Institute for Nonviolence shall be a
23 nonprofit corporation; specifying the mission
24 of the institute; providing that certain
25 provisions of law apply to the institute;
26 revising membership of the institute; amending
27 s. 240.631, F.S.; revising a definition, to
28 conform; providing an effective date.
29
30 Be It Enacted by the Legislature of the State of Florida:
31
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HB 1839, First Engrossed
1 Section 1. The purposes of this act are to:
2 (1) Provide for implementation of the revised funding
3 model for exceptional student education programs.
4 (2) Simplify the Florida Education Finance Program by
5 reducing the number of program cost factors to provide greater
6 flexibility at the local level in the use of funds.
7 (3) Provide for allocating funds for kindergarten
8 through grade 12 and adult education programs separately.
9 (4) Continue to make progress in reducing the range of
10 disparity in total potential funds available per full-time
11 equivalent student.
12 Section 2. (1) The revised funding model for
13 exceptional student education programs is designed to: be
14 better for students than the existing funding system by
15 encouraging school districts and schools to identify and
16 implement educationally effective instructional delivery
17 models; simplify funding by utilizing five weighted cost
18 factors; provide fiscal support for exceptional students in
19 general education classes; be outcome driven; and be revenue
20 neutral. This funding model is designed to support both
21 traditional and new service delivery models along the
22 continuum of services required for exceptional students. It is
23 the intent of the Legislature, through the General
24 Appropriations Act, to minimize the fiscal impact on school
25 districts of the implementation of this funding model.
26 (2)(a) The revised funding model uses five Florida
27 Education Finance Program cost factors for exceptional student
28 education programs. Cost factors are determined by using a
29 matrix of services to document the services that each
30 exceptional student will receive. The nature and intensity of
31 the services indicated on the matrix shall be consistent with
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HB 1839, First Engrossed
1 the services described in each exceptional student's
2 individual education plan.
3 (b) A matrix of services must be completed at least
4 once each year by public school personnel who have received
5 approved training. Additionally, each time an exceptional
6 student's individual education plan, family support plan, or
7 education plan is reviewed, the matrix of services must also
8 be reviewed. Nothing listed in the matrix shall be construed
9 as limiting the services a school district must provide in
10 order to ensure that exceptional students are provided a free,
11 appropriate public education.
12 (3) The Department of Education shall revise its
13 monitoring systems for exceptional student education programs
14 to include a review of delivery of services as indicated on
15 the matrix of services.
16 (4) The Department of Education shall promulgate rules
17 necessary to implement the revised funding model.
18 (5) The funding level in the 1997-1998 FEFP for
19 exceptional student education shall be guaranteed for 3 years
20 so that no district will have a financial uncertainty during
21 the initial implementation of the revised funding model. Also,
22 all full-time equivalent student membership over the maximum
23 prescribed in s. 236.081(1)(d), Florida Statutes, shall be
24 funded at a program cost factor of 1.0.
25 Section 3. Section 236.078, Florida Statutes, is
26 amended to read:
27 236.078 Florida Education Finance Program
28 Appropriation Allocation Conference.--Prior to the
29 distribution of any funds appropriated in the General
30 Appropriations Act for the K-12 and adult Florida Education
31 Finance Program formulas formula and for the formula-funded
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HB 1839, First Engrossed
1 categorical programs, the Commissioner of Education shall
2 conduct an allocation conference. Conference principals shall
3 include representatives of the Department of Education, the
4 Executive Office of the Governor, and the Appropriations
5 Committees of the Senate and the House of Representatives.
6 Conference principals shall discuss and agree to all
7 conventions, including rounding conventions, and methods of
8 computation to be used to calculate Florida Education Finance
9 Program and categorical entitlements of the districts for the
10 fiscal year for which the appropriations are made. These
11 conventions and calculation methods shall remain in effect
12 until further agreements are reached in subsequent allocation
13 conferences called by the commissioner for that purpose. The
14 commissioner shall also, prior to each recalculation of
15 Florida Education Finance Program and categorical allocations
16 of the districts, provide conference principals with all data
17 necessary to replicate those allocations precisely. This data
18 shall include a matrix by district by program of all full-time
19 equivalent changes made by the department as part of its
20 administration of state full-time equivalent caps.
21 Section 4. Section 236.08011, Florida Statutes, is
22 created to read:
23 236.08011 Florida Education Finance Program.--The
24 programs funded through the Florida Education Finance Program
25 shall include the following:
26 (1) The Florida Education Finance Program for
27 kindergarten through grade 12.
28 (2) The Florida Education Finance Program for adults.
29
30 The annual appropriation for each of the two programs shall be
31 calculated and appropriated separately. However, the district
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HB 1839, First Engrossed
1 school board may expend funds that are not otherwise
2 restricted for the K-12 program or the adult education program
3 in the manner determined by the school board that will best
4 meet the needs of the students.
5 Section 5. Section 236.081, Florida Statutes, 1996
6 Supplement, is amended to read:
7 236.081 Funds for operation of schools.--If the annual
8 allocation from the Florida Education Finance Program to each
9 district for operation of schools is not determined in the
10 annual appropriations act or the substantive bill implementing
11 the annual appropriations act, it shall be determined as
12 follows:
13 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
14 OPERATION.--The following procedure shall be followed in
15 determining the annual allocation to each district for
16 operation:
17 (a) Determination of full-time equivalent
18 membership.--During each of several school weeks, including
19 scheduled intersessions of a year-round school program during
20 the fiscal year, a program membership survey of each school
21 shall be made by each district by aggregating the full-time
22 equivalent student membership of each program by school and by
23 district. The department shall establish the number and
24 interval of membership calculations, except that for basic and
25 special programs such calculations shall not exceed nine for
26 any fiscal year. The district's full-time equivalent
27 membership shall be computed and currently maintained in
28 accordance with regulations of the state board.
29 (b) Determination of base student allocation.--The
30 base student allocation for the Florida Education Finance
31 Program for kindergarten through grade 12 and the base student
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HB 1839, First Engrossed
1 allocation for the Florida Education Finance Program for
2 adults shall be determined annually by the Legislature and
3 shall be that amount prescribed in the current year's General
4 Appropriations Act.
5 (c) Determination of programs.--Cost factors based on
6 desired relative cost differences between the following
7 programs shall be established in the annual General
8 Appropriations Act. The Commissioner of Education shall
9 specify a matrix of services and intensity levels to be used
10 by districts in the determination of funding support for each
11 exceptional student. The funding support level for each
12 exceptional student shall fund the exceptional student's total
13 education program. However, the application of cost factors in
14 part-time programs for exceptional students is limited to a
15 maximum of twelve twenty-fifths of a student membership in a
16 given program during a week. Beginning with the 1990-1991
17 fiscal year, the application of cost factors in part-time
18 programs for exceptional students is limited to a maximum of
19 432 hours of a student full-time equivalent membership in a
20 given program during a school year as defined in s.
21 228.041(16). The criteria for qualification for the special
22 programs, including maximum case loads for part-time programs,
23 shall be determined by rules of the state board. However, the
24 district may apply to the department for an exemption to the
25 maximums set above, and the department may grant such
26 exemptions when district size or program dispersal would place
27 an undue burden on the district. Cost factors for special
28 programs for exceptional students shall be used to fund
29 programs, approved by the department, as provided by law for
30 exceptional students under the minimum age for enrollment in
31 kindergarten. Beginning with the 1993-1994 fiscal year, the
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HB 1839, First Engrossed
1 Department of Education shall conduct a program cost analysis,
2 pursuant to State Board of Education rule, as part of the
3 program review process. Adult basic and secondary programs
4 must also be addressed in the program cost analysis. The
5 program cost analysis must include, but is not limited to, the
6 cost of direct and indirect operations, instruction,
7 faculty-to-student ratio, consumable supplies, equipment, and
8 optimum program length. Beginning with the 1995-1996 General
9 Appropriations Act, the Legislature shall assign each
10 secondary career education program and certificate career
11 education program to a program funding level based on
12 programmatic costs derived from the program cost analysis. A
13 minimum of five funding levels shall be established in the
14 General Appropriations Act for the purposes of this paragraph.
15 1. Basic programs.--
16 a. Kindergarten and grades 1, 2, and 3.
17 b. Grades 4, 5, 6, 7, and 8.
18 c. Grades 9, 10, 11, and 12.
19 2. Special Programs for exceptional students.--
20 a. Support Level I.
21 b. Support Level II.
22 c. Support Level III.
23 d. Support Level IV.
24 e. Support Level V.
25 a. Educable mentally handicapped.
26 b. Trainable mentally handicapped.
27 c. Physically handicapped.
28 d. Physical and occupational therapy part-time.
29 e. Speech, language, and hearing part-time.
30 f. Speech, language, and hearing.
31 g. Visually handicapped part-time.
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HB 1839, First Engrossed
1 h. Visually handicapped.
2 i. Emotionally handicapped part-time.
3 j. Emotionally handicapped.
4 k. Specific learning disability part-time.
5 l. Specific learning disability.
6 m. Gifted part-time.
7 n. Hospital and homebound part-time.
8 o. Profoundly handicapped.
9 3.4. Secondary career education programs.--
10 a. Level I.
11 b. Level II.
12 c. Level III.
13 d. Level IV.
14 e. Level V.
15 4.6. Students-at-risk programs.--
16 a. Dropout prevention and teenage parents.
17 b. English for Speakers of Other Languages.
18 b. Special programs for teenage parents.
19 c. Kindergarten through grade 3 ESOL.
20 d. Grades 4 through 8 ESOL.
21 e. Grades 9 through 12 ESOL.
22 5. Certificate career education and supplemental
23 career education programs for adults.--
24 a. Level I.
25 b. Level II.
26 c. Level III.
27 d. Level IV.
28 e. Level V.
29 6. Supplemental career education programs for
30 adults.--
31 7.3. Adult General education programs for adults.--
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HB 1839, First Engrossed
1 a. Adult basic education.
2 b. Adult secondary education.
3 c. Lifelong learning.
4 (d) Annual allocation calculation.--
5 1. The Department of Education is authorized and
6 directed to review all district programs and enrollment
7 projections and calculate a maximum total weighted full-time
8 equivalent student enrollment for each district for the K-12
9 FEFP and for the adult FEFP.
10 2. Maximum enrollments calculated by the department
11 shall be derived from enrollment estimates used by the
12 Legislature to calculate each the FEFP. If two or more
13 districts enter into an agreement under the provisions of s.
14 230.23(4)(d), after the final enrollment estimate is agreed
15 upon, the amount of FTE specified in the agreement, not to
16 exceed the estimate for the specific program as identified in
17 paragraph (c), may be transferred from the participating
18 districts to the district providing the program.
19 3. As part of its calculation of each district's
20 maximum total weighted full-time equivalent student
21 enrollment, the department shall establish separate enrollment
22 ceilings for each of four three program groups. Group 1 shall
23 be composed of grades K-3, grades 4-8, and grades 9-12. Group
24 2 shall be composed of students in exceptional student
25 education. Group 3 2 shall be composed of students-at-risk
26 programs, all basic programs other than the programs in group
27 1, all exceptional child programs, and all vocational programs
28 in grades 7-12. Group 4 3 shall be composed of all adult
29 education programs.
30 a. The weighted enrollment ceiling for group 2, and
31 group 3, and group 4 programs shall be calculated by
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HB 1839, First Engrossed
1 multiplying the final enrollment conference estimate for each
2 program by the appropriate program weight. The weighted
3 enrollment ceiling for program groups 2, and 3, and 4 shall be
4 the sum of the weighted enrollment ceilings for each program
5 in the program group, plus the increase in weighted full-time
6 equivalent student membership from the prior year for clients
7 of the Department of Children and Family Services and the
8 Department of Juvenile Justice Health and Rehabilitative
9 Services.
10 b. If, for any calculation of the FEFP, the weighted
11 enrollment for either program group 3 2 or group 4 3, derived
12 by multiplying actual enrollments by appropriate program
13 weights, exceeds the enrollment ceiling for that group, the
14 following procedure shall be followed to reduce the weighted
15 enrollment for that group to equal the enrollment ceiling:
16 (I) The weighted enrollment ceiling for each program
17 in the program group shall be subtracted from the weighted
18 enrollment for that program derived from actual enrollments.
19 (II) If the difference calculated under
20 sub-sub-subparagraph (I) is greater than zero for any program,
21 a reduction proportion shall be computed for the program by
22 dividing the absolute value of the difference by the total
23 amount by which the weighted enrollment for the program group
24 exceeds the weighted enrollment ceiling for the program group.
25 (III) The reduction proportion calculated under
26 sub-sub-subparagraph (II) shall be multiplied by the total
27 amount of the program group's enrollment over the ceiling as
28 calculated under sub-sub-subparagraph (I).
29 (IV) The prorated reduction amount calculated under
30 sub-sub-subparagraph (III) shall be subtracted from the
31 program's weighted enrollment. For any calculation of the
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HB 1839, First Engrossed
1 FEFP, the enrollment ceiling for group 1 shall be calculated
2 by multiplying the actual enrollment for each program in the
3 program group by its appropriate program weight.
4 (V) The procedure for program group 2 shall be the
5 same as for program groups 3 and 4 except that full-time
6 equivalent students determined to be over the maximum are to
7 be funded at a program cost factor of 1.0.
8 c. For program groups 2, and 3, and 4, the weighted
9 enrollment ceiling shall be a number not less than the sum
10 obtained by:
11 (I) Multiplying the sum of reported FTE for all
12 programs in the program group that have a cost factor of 1.0
13 or more by 1.0, and
14 (II) By adding this number to the sum obtained by
15 multiplying the projected FTE for all programs with a cost
16 factor less than 1.0 by the actual cost factor.
17 (e) Visually handicapped allocation.--With respect to
18 special programs for the visually handicapped, upon request of
19 a school board in any district or multidistrict area in which
20 there are five or more students receiving an appropriate
21 program, the Department of Education may assign three
22 unweighted full-time equivalent students for the special
23 program until such time as more than three full-time
24 equivalent students are generated.
25 (f) Exceptional mainstream allocation.--A student
26 properly classified as an exceptional student pursuant to s.
27 230.23(4)(m) and eligible for a special program for
28 exceptional students identified in subparagraph (c)2.,
29 excluding gifted part-time, may, as a condition of such
30 student's individualized educational plan, be assigned to a
31 basic or vocational mainstream program on a part-time basis.
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HB 1839, First Engrossed
1 Physically impaired students may be assigned to a basic or
2 vocational mainstream program on a part-time or full-time
3 basis. The basic program cost factor or aggregated vocational
4 program cost factor for such mainstreamed students shall be
5 doubled for the purpose of generating weighted full-time
6 equivalent membership for time served in the program, provided
7 such students are furnished with required special services,
8 aids, or equipment in accordance with their individualized
9 educational plan. The Department of Education may promulgate
10 rules needed to implement this paragraph.
11 (g) Alternative handicapped allocation.--As an
12 alternative to a special program for hospital and homebound
13 part-time, a school district may establish appropriate
14 instructional groupings of certain students within any
15 hospital when those students are eligible for a special
16 program for the hospitalized or homebound due to physical or
17 mental health impairments which result in reduced efficiency
18 in school work because of temporary or chronic lack of
19 strength, vitality, or alertness. Each full-time equivalent
20 student in such a program shall be assigned a cost factor
21 equal to the cost factor established for physically
22 handicapped pursuant to subparagraph (c)2.
23 (e)(h) State funding for certain adult disabled
24 students.--If an adult student has been determined to be a
25 disabled student eligible for an approved educational program
26 for disabled adults provided pursuant to s. 239.301 and rules
27 of the State Board of Education and is enrolled in a class
28 with curriculum frameworks developed for the program, state
29 funding for that student shall be provided at a level double
30 that of the special adult general education program cost
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HB 1839, First Engrossed
1 factor for the purpose of generating weighted full-time
2 equivalent membership for time served in the program.
3 (f)(i) Small, isolated high schools.--Districts which
4 levy the maximum nonvoted discretionary millage, exclusive of
5 millage for capital outlay purposes levied pursuant to s.
6 236.25(2), may calculate full-time equivalent students for
7 small, isolated high schools by multiplying the number of
8 unweighted full-time equivalent students times 2.75; provided
9 the percentage of students at such school passing both parts
10 of the high school competency test, as defined by law and
11 rule, has been equal to or higher than such percentage for the
12 state or district, whichever is greater. For the purpose of
13 this section, the term "small, isolated high school" means any
14 high school which is located no less than 28 miles by the
15 shortest route from another high school; which has been
16 serving students primarily in basic studies provided by
17 sub-subparagraphs (c)1.b. and c. and may include subparagraph
18 (c)6.; and which has a membership of no more than 100
19 students, but no fewer than 28 students, in grades 9 through
20 12.
21 (g)(j) Calculation of full-time equivalent membership
22 with respect to instruction from community colleges or
23 universities.--Students enrolled in community college or
24 university dual enrollment instruction pursuant to s. 240.116
25 may be included in calculations of full-time equivalent
26 student memberships for basic programs for grades 9 through 12
27 by a district school board. Such students may also be
28 calculated as the proportional shares of full-time equivalent
29 enrollments they generate for the community college or
30 university conducting the dual enrollment instruction. Early
31 admission students shall be considered dual enrollments for
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HB 1839, First Engrossed
1 funding purposes. Students enrolled in dual enrollment
2 instruction provided by a vocational-technical center located
3 in the same district as the district in which the student
4 attends secondary school and operated by the school board of
5 that district shall be calculated by the school board as one
6 full-time equivalent enrollment within the basic secondary
7 program for state funding purposes; however, a district school
8 board may also report such students as the proportional shares
9 of full-time equivalent enrollments each student generates
10 within the vocational program. Students enrolled in dual
11 enrollment instruction provided by a vocational-technical
12 center located in a different school district than the
13 district in which the student attends secondary school and
14 operated by the school board of the district in which the
15 vocational-technical center is located may be included in
16 calculations of full-time equivalent memberships for basic
17 programs for grades 9 through 12 by a district school board
18 and may be calculated as the proportional share of full-time
19 equivalent enrollments they generate for the school board
20 conducting the dual enrollment instruction. Students enrolled
21 in vocational dual enrollment instruction conducted by a
22 community college on a high school campus may be calculated by
23 the school board as the proportional shares of full-time
24 equivalent enrollments they generate in the basic program for
25 grades 9 through 12 and the proportional shares of full-time
26 equivalent enrollments they generate in the vocational
27 programs. Students may be enrolled in dual enrollment
28 instruction provided by an eligible independent college or
29 university and may be included in calculations of full-time
30 equivalent student memberships for basic programs for grades 9
31 through 12 by a district school board. However, those
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1 provisions of law which exempt dual enrolled and early
2 admission students from payment of instructional materials,
3 registration, matriculation, and laboratory fees shall not
4 apply to students who select the option of enrolling in an
5 eligible independent institution. An independent college or
6 university which is located and chartered in Florida, is not
7 for profit, is accredited by the Commission on Colleges of the
8 Southern Association of Colleges and Schools or the
9 Accrediting Commission of the Association of Independent
10 Colleges and Schools, and which confers degrees as defined in
11 s. 246.021 shall be eligible for inclusion in the dual
12 enrollment or early admission program. Students enrolled in
13 dual enrollment instruction shall be exempt from the payment
14 of registration, matriculation, and laboratory fees. No
15 student enrolled in college credit mathematics or English dual
16 enrollment instruction shall be funded as a dual enrollment
17 unless the student has successfully completed the relevant
18 section of the entry-level examination required pursuant to s.
19 240.117, nor shall any student enrolled in vocational dual
20 enrollment instruction be funded as a dual enrollment unless
21 the student has completed the vocational entry-level
22 examination.
23 (h)(k) Instruction outside required number of school
24 days.--Students in grades 9 through 12 may be counted as
25 full-time equivalent students for instruction provided outside
26 the required number of school days if such instruction counts
27 as credit toward a high school diploma.
28 (i)(l) Instruction in home economics.--Students in
29 grades K through 12 who are enrolled for more than six
30 semesters in practical arts home economics courses as defined
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1 in s. 228.041(22)(a)4. may not be counted as full-time
2 equivalent students for this instruction.
3 (j)(m) Instruction in exploratory career
4 education.--Students in grades 7 through 12 who are enrolled
5 for more than four semesters in exploratory career education
6 may not be counted as full-time equivalent students for this
7 instruction.
8 (k)(n) Calculation of additional full-time equivalent
9 membership based on international baccalaureate examination
10 scores of students.--A value of 0.24 full-time equivalent
11 student membership shall be calculated for each student
12 enrolled in an international baccalaureate course who receives
13 a score of 4 or higher on a subject examination. A value of
14 0.3 full-time equivalent student membership shall be
15 calculated for each student who receives an international
16 baccalaureate diploma. Such value shall be added to the total
17 full-time equivalent student membership in basic programs for
18 grades 9 through 12 in the subsequent fiscal year.
19 (l)(o) Instruction in career education.--Effective for
20 the 1985-1986 school year and thereafter, district pupil
21 progression plans shall provide for the substitution of
22 vocational courses for the nonelective courses required for
23 high school graduation pursuant to s. 232.246. A student in
24 grades 9 through 12 who enrolls in and satisfactorily
25 completes a job-preparatory program may substitute credit for
26 a portion of the required four credits in English, three
27 credits in mathematics, and three credits in science. The
28 credit substituted for English, mathematics, or science earned
29 through the vocational job-preparatory program shall be on a
30 curriculum equivalency basis as provided for in the State
31 Course Code Directory. Upon adoption of curriculum frameworks
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1 for vocational courses pursuant to s. 233.011, the State Board
2 of Education shall authorize by rule vocational course
3 substitutions not to exceed two credits in each of the
4 nonelective academic subject areas of English, mathematics,
5 and science. School districts shall provide for vocational
6 course substitutions not to exceed two credits in each of the
7 nonelective academic subject areas of English, mathematics,
8 and science, upon adoption of vocational student performance
9 standards by the school board pursuant to s. 232.2454. A
10 vocational program which has been used as a substitute for a
11 nonelective academic credit in one subject area may not be
12 used as a substitute for any other subject area. The credit
13 in practical arts or exploratory career education required for
14 high school graduation pursuant to s. 232.246(1) shall be
15 funded as a career education course.
16 (m)(p) Instruction in supplemental vocational courses;
17 and adult basic and secondary courses.--Vocational
18 supplemental courses and adult basic and secondary education
19 courses may be made available to any adult pursuant to s.
20 239.301.
21 1. A student in an adult basic and secondary education
22 course shall be reported as an adult basic and secondary
23 education full-time equivalent student if he or she is
24 pursuing a program of studies to achieve literacy, prepare for
25 the Test of General Educational Development (GED), or earn a
26 high school diploma.
27 2. A student in a supplemental vocational course shall
28 be reported as a supplemental vocational full-time equivalent
29 student if he or she:
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1 a. Currently holds wage-earning employment and is
2 taking a course to enhance or upgrade skills related to that
3 employment; or
4 b. Has an employment history and enrolls in a course
5 related to that employment history with the intent to seek
6 employment in an occupation directly related to the course and
7 employment history; or
8 c. Has an employment history and wants to develop
9 competence in the English language to qualify for employment.
10 (n)(q) Calculation of additional full-time equivalent
11 membership based on college board advanced placement scores of
12 students.--A value of 0.24 full-time equivalent student
13 membership shall be calculated for each student in each
14 advanced placement course who receives a score of 3 or higher
15 on the College Board Advanced Placement Examination for the
16 prior year and added to the total full-time equivalent student
17 membership in basic programs for grades 9 through 12 in the
18 subsequent fiscal year.
19 (o)(r) Year-round-school programs.--The Commissioner
20 of Education is authorized to adjust student eligibility
21 definitions, funding criteria, and reporting requirements of
22 statutes and rules in order that year-round-school programs
23 may achieve equivalent application of funding requirements
24 with non-year-round-school programs.
25 (p)(s) Extended-school-year program.--It is the intent
26 of the Legislature that students be provided additional
27 instruction by extending the school year to 210 days or more.
28 Districts may apply to the Commissioner of Education for funds
29 to be used in planning and implementing an
30 extended-school-year program. The Department of Education
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1 shall recommend to the Legislature the policies necessary for
2 full implementation of an extended school year.
3 (q)(t) Determination of the basic amount for current
4 operation.--The basic amount for current operation to be
5 included in the Florida Education Finance Program for
6 kindergarten through grade 12 and the Florida Education
7 Finance Program for adult education programs for each district
8 shall be the product of the following:
9 1. The full-time equivalent student membership in each
10 program, multiplied by
11 2. The cost factor for each program, adjusted for the
12 maximum as provided by paragraph (c), multiplied by
13 3. The base student allocation.
14 (2) DETERMINATION OF DISTRICT COST DIFFERENTIALS.--The
15 commissioner shall annually compute for each district the
16 current year's district cost differential. The district cost
17 differential shall be calculated by adding each district's
18 price level index as published in the Florida Price Level
19 Index, prepared by the Executive Office of the Governor, for
20 the most recent 3 years and dividing the resulting sum by 3.
21 The result for each district shall be multiplied by 0.008 and
22 to the resulting product shall be added 0.200; the sum thus
23 obtained shall be the cost differential for that district for
24 that year. The district cost differential shall be used for
25 both the K-12 FEFP and the adult FEFP.
26 (3) INSERVICE EDUCATIONAL PERSONNEL TRAINING
27 EXPENDITURE.--Of the amount computed in subsections (1) and
28 (2), a percentage of the base student allocation per full-time
29 equivalent student shall be expended for educational training
30 programs as determined by the district school board as
31 provided in s. 236.0811. This percentage shall remain
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1 constant and shall be calculated by dividing $6 by the
2 1990-1991 base student allocation. If a district has an
3 approved teacher education center, at least two-thirds of the
4 funds so determined shall be expended as provided in ss.
5 231.600-231.609, and such funds shall be used to provide the
6 professional orientation program, pursuant to s. 231.17.
7 Funds as provided herein may be expended only for the direct
8 support of inservice training activities as prescribed below:
9 (a) Salaries and benefits of:
10 1. Personnel directly administering the approved
11 inservice training program.
12 2. School board employees while such personnel are
13 conducting an approved inservice training program.
14 3. Substitutes for personnel released to participate
15 in an approved inservice training program or an inservice
16 council activity.
17 (b) Other direct operating expenses, excluding capital
18 outlay, required for administering the approved inservice
19 training program, including, but not limited to, the
20 following:
21 1. Inservice training materials for approved inservice
22 training activities.
23 2. Data processing for approved inservice training
24 activities.
25 3. Telephone for the approved inservice training
26 program.
27 4. Office supplies for the personnel administering the
28 approved inservice training program.
29 5. Duplicating and printing for approved inservice
30 training activities.
31
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1 6. Fees and travel and per diem expenses for
2 consultants used in conducting approved inservice training
3 activities.
4 7. Travel and per diem expenses for school district
5 personnel attending approved inservice conferences, workshops,
6 or visitations to schools.
7 8. Rental of facilities not owned by the school board
8 for use in conducting an approved inservice training program.
9 (c) Compensation may be awarded under this subsection
10 to employees engaged in inservice training activities which
11 are outside of, or in addition to, regular hours of duty
12 assignments or a regular day of a contract period for which
13 regular compensation is provided. No moneys shall be
14 authorized under this subsection for additional salaries and
15 benefits constituting dual compensation to employees
16 participating in inservice activities if such activities are
17 within regular hours of duty assignments or within a regular
18 day of a contract period for which regular compensation is
19 provided.
20 (d) Funds may be expended to pay tuition or
21 registration fees for college courses provided the course is
22 identified in the district's approved master plan and the
23 employee does not receive college credit. However, an employee
24 may be awarded college credit for successful participation in
25 exempted inservice programs that are identified by the
26 Department of Education in State Board of Education rule and
27 for which the employee shall pay the regular tuition and
28 registration fees assessed by the credit-granting institution.
29 Courses for these exempted programs shall be arranged and
30 conducted in compliance with procedures that are developed
31 cooperatively by the Department of Education and the Board of
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1 Regents and are also included in State Board of Education
2 rule. Provision for payment of tuition and registration fees
3 for such credit-earning courses shall be contained in State
4 Board of Education rule.
5 (4) COMPUTATION OF DISTRICT-REQUIRED LOCAL
6 EFFORT.--The Legislature shall prescribe the aggregate
7 required local effort for all school districts collectively as
8 an item in the General Appropriations Act for each fiscal
9 year. The amount that each district shall provide annually
10 toward the cost of the Florida Education Finance Program for
11 kindergarten through grade 12 programs shall be calculated as
12 follows, provided that the adult fees required in paragraph
13 (f) shall be the required local effort for the Florida
14 Education Finance Program for adults:
15 (a) Estimated taxable value calculations.--
16 1.a. Not later than 2 working days prior to July 19,
17 the Department of Revenue shall certify to the Commissioner of
18 Education its most recent estimate of the taxable value for
19 school purposes in each school district and the total for all
20 school districts in the state for the current calendar year
21 based on the latest available data obtained from the local
22 property appraisers. Not later than July 19, the commissioner
23 shall compute a millage rate, rounded to the next highest one
24 one-thousandth of a mill, which, when applied to 95 percent of
25 the estimated state total taxable value for school purposes,
26 would generate the prescribed aggregate required local effort
27 for that year for all districts. The commissioner shall
28 certify to each district school board the millage rate,
29 computed as prescribed in this subparagraph, as the minimum
30 millage rate necessary to provide the district-required local
31 effort for that year.
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1 b. For the 1996-1997 fiscal year only, The General
2 Appropriations Act shall may direct the computation of the
3 statewide adjusted aggregate amount for required local effort
4 for all school districts collectively from ad valorem taxes to
5 ensure that no school district's revenue from required local
6 effort millage will produce more than 90 percent of the
7 district's total K-12 Florida Education Finance Program
8 calculation, and the adjustment of the required local effort
9 millage rate of each district that produces more than 90
10 percent of its total Florida Education Finance Program
11 entitlement to a level that will produce only 90 percent of
12 its total Florida Education Finance Program entitlement. This
13 sub-subparagraph is repealed on July 1, 1997.
14 2. As revised data are received from property
15 appraisers, the Department of Revenue shall amend the
16 certification of the estimate of the taxable value for school
17 purposes. The Commissioner of Education, in administering the
18 provisions of subparagraph (9)(a)2. paragraph (13)(b), shall
19 use the most recent taxable value for the appropriate year.
20 (b) Final calculation.--
21 1. The Department of Revenue shall, upon receipt of
22 the official final assessed value of property from each of the
23 property appraisers, certify to the commissioner the taxable
24 value total for school purposes in each school district,
25 subject to the provisions of paragraph (d). The commissioner
26 shall use the official final taxable value for school purposes
27 for each school district in the final calculation of the
28 annual K-12 Florida Education Finance Program allocations.
29 2. For the purposes of this paragraph, the official
30 final taxable value for school purposes shall be the taxable
31 value for school purposes on which the tax bills are computed
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1 and mailed to the taxpayers, adjusted to reflect final
2 administrative actions of value adjustment boards and judicial
3 decisions pursuant to part I of chapter 194. By September 1 of
4 each year, the Department of Revenue shall certify to the
5 commissioner the official prior year final taxable value for
6 school purposes. For each county that has not submitted a
7 revised tax roll reflecting final value adjustment board
8 actions and final judicial decisions, the Department of
9 Revenue shall certify the most recent revision of the official
10 taxable value for school purposes. The certified value shall
11 be the final taxable value for school purposes and no further
12 adjustments shall be made, except those made pursuant to
13 subparagraph (9)(a)2 paragraph (13)(b).
14 (c) Equalization of required local effort.--
15 1. The Department of Revenue shall include with its
16 certifications provided pursuant to paragraph (a) its most
17 recent determination of the assessment level of the prior
18 year's assessment roll for each county and for the state as a
19 whole.
20 2. The commissioner shall adjust the required local
21 effort millage of each district for the current year, computed
22 pursuant to paragraph (a), as follows:
23 a. The equalization factor for the prior year's
24 assessment roll of each district shall be multiplied by 95
25 percent of the taxable value for school purposes shown on that
26 roll and by the prior year's required local-effort millage,
27 exclusive of any equalization adjustment made pursuant to this
28 paragraph. The dollar amount so computed shall be the
29 additional required local effort for equalization for the
30 current year.
31
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1 b. Such equalization factor shall be computed as the
2 quotient of the prior year's assessment level of the state as
3 a whole divided by the prior year's assessment level of the
4 county, from which quotient shall be subtracted 1.
5 c. The dollar amount of additional required local
6 effort for equalization for each district shall be converted
7 to a millage rate, based on 95 percent of the current year's
8 taxable value for that district, and added to the required
9 local effort millage determined pursuant to paragraph (a).
10 3. Notwithstanding the limitations imposed pursuant to
11 s. 236.25(1), the total required local-effort millage,
12 including additional required local effort for equalization,
13 shall be an amount not to exceed 10 minus the maximum millage
14 allowed as nonvoted discretionary millage, exclusive of
15 millage authorized pursuant to s. 236.25(2). Nothing herein
16 shall be construed to allow a millage in excess of that
17 authorized in s. 9, Art. VII of the State Constitution.
18 4. For the purposes of this chapter, the term
19 "assessment level" means the value-weighted mean assessment
20 ratio for the county or state as a whole, as determined
21 pursuant to s. 195.096, or as subsequently adjusted. In the
22 event a court has adjudicated that the department failed to
23 establish an accurate estimate of an assessment level of a
24 county and recomputation resulting in an accurate estimate
25 based upon the evidence before the court was not possible,
26 that county shall be presumed to have an assessment level
27 equal to that of the state as a whole.
28 5. If, in the prior year, taxes were levied against an
29 interim assessment roll pursuant to s. 193.1145, the
30 assessment level and prior year's nonexempt assessed valuation
31
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1 used for the purposes of this paragraph shall be those of the
2 interim assessment roll.
3 (d) Exclusion.--In those instances in which:
4 1. There is litigation either attacking the authority
5 of the property appraiser to include certain property on the
6 tax assessment roll as taxable property or contesting the
7 assessed value of certain property on the tax assessment roll;
8 and
9 2. The assessed value of the property in contest
10 involves more than 10 percent of the total nonexempt
11 assessment roll;
12
13 the assessed value of the property in contest shall be
14 excluded from the taxable value for school purposes for
15 purposes of computing the district-required local effort.
16 (e) Recomputation.--Following final adjudication of
17 any litigation on the basis of which an adjustment in taxable
18 value was made pursuant to paragraph (d), the department shall
19 recompute the required local effort for each district for each
20 year affected by such adjustments, utilizing taxable values
21 approved by the court, and shall adjust subsequent allocations
22 to such districts accordingly.
23 (f) Required adult fees.--
24 1. Fees for all nonexempt students as defined in s.
25 239.117 shall be added to and made a part of the required
26 local effort of each district.
27 2. Each district shall report the total fee-exempt,
28 fee-nonexempt, fee-waived, fee-deferred, and nonresident
29 full-time equivalent student enrollment for each adult
30 program. Districts shall also report the total amount of fees
31 collected from students as required by s. 239.117. The value
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HB 1839, First Engrossed
1 of in-kind services accepted in lieu of fees shall not be
2 added to and made a part of the total fee collection amount
3 reported by the district.
4 3. Each district's total required local effort fee
5 amount shall be calculated in the following manner:
6 a. A total resident fee amount shall be calculated for
7 each district by summing the fee-nonexempt full-time
8 equivalent enrollment for each adult program and by
9 subtracting from that sum the district's nonresident full-time
10 equivalent enrollment and by multiplying the difference by the
11 fee amount specified in the General Appropriations Act.
12 b. A total nonresident fee amount shall be calculated
13 for each district by multiplying each district's nonresident
14 full-time equivalent enrollment by a number that is twice the
15 fee amount specified in the General Appropriations Act.
16 c. A total unadjusted required local effort fee amount
17 shall be calculated for each district by adding the resident
18 fee amount calculated in sub-subparagraph a. to the
19 nonresident fee amount calculated in sub-subparagraph b.
20 d. A fee collection credit amount shall be calculated
21 for each district by adding the total amount of fees collected
22 by the district to the district's maximum fee waiver amount as
23 defined in s. 239.117.
24 e. Each district's total unadjusted required local fee
25 amount calculated in sub-subparagraph c. shall be subtracted
26 from its total fee collection credit amount calculated in
27 sub-subparagraph d. If the difference is a positive number,
28 the district's required fee adjustment amount shall be set to
29 zero. If the difference is a negative number, a required fee
30 adjustment amount shall be calculated by dividing the absolute
31 value of such difference by the fee amount specified in the
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HB 1839, First Engrossed
1 General Appropriations Act and multiplying the result, rounded
2 to two decimal places, by the average of all program weights
3 for adult programs for the year as specified in the General
4 Appropriations Act, rounded to three decimal places; by the
5 base student allocation defined in the General Appropriations
6 Act; and by two.
7 f. A total required local effort fee amount shall be
8 calculated for each district by adding the unadjusted fee
9 amount calculated in sub-subparagraph c. to the fee adjustment
10 amount calculated in sub-subparagraph e.
11 g. The fee adjustment amount calculated pursuant to
12 sub-subparagraph e. shall be calculated for a given fiscal
13 year by the Department of Education only in the final
14 calculation of the Florida Education Finance Program and funds
15 adjustments shall be handled as a prior year adjustment in the
16 subsequent year. The data required for the calculation shall
17 be submitted for the fiscal year by the school districts only
18 in the last full-time equivalent student membership survey. A
19 school district's amendments to the data submitted for
20 calculation of the fee adjustment amount shall have the same
21 limitation on submission as amendments to full-time equivalent
22 student membership data.
23 (5) CATEGORICAL PROGRAMS.--The Legislature hereby
24 provides for the establishment of selected categorical
25 programs to assist in the development and maintenance of
26 activities giving indirect support to the programs previously
27 funded. These categorical appropriations may be funded as
28 general and transitional categorical programs. It is the
29 intent of the Legislature that no transitional categorical
30 program be funded for more than 4 fiscal years from the date
31 of original authorization. Such programs are as follows:
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HB 1839, First Engrossed
1 (a) General.--
2 1. Comprehensive school construction and debt service
3 as provided by law.
4 2. Community schools as provided by law.
5 3. School lunch programs as provided by law.
6 4. Instructional material funds as provided by law.
7 5. Student transportation as provided by law.
8 6. Student development services as provided by law.
9 7. Diagnostic and learning resource centers as
10 provided by law.
11 8. Comprehensive health education as provided by law.
12 (b) Transitional.--
13 1. Bilingual program as provided by law.
14 (6) DETERMINATION OF SPARSITY SUPPLEMENT.--
15 (a) Annually, in an amount to be determined by the
16 Legislature through the General Appropriations Act, there
17 shall be added to the basic amount for current operation of
18 the K-12 FEFP qualified districts a sparsity supplement which
19 shall be computed as follows:
20
21 1101.8918
22 Sparsity Factor = 2700 + district - 0.1101
23 sparsity
24 index
25
26 except that districts with a sparsity index of 1,000 or less
27 shall be computed as having a sparsity index of 1,000, and
28 districts having a sparsity index of 7,308 and above shall be
29 computed as having a sparsity factor of zero. A qualified
30 district's full-time equivalent student membership shall equal
31 or be less than that prescribed annually by the Legislature in
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HB 1839, First Engrossed
1 the appropriations act. The amount prescribed annually by the
2 Legislature shall be no less than 17,000, but no more than
3 24,000.
4 (b) The district sparsity index shall be computed by
5 dividing the total number of full-time equivalent students in
6 all programs in the district by the number of senior high
7 school centers in the district, not in excess of three, which
8 centers are approved as permanent centers by a survey made by
9 the Department of Education.
10 (c) Each district's allocation of sparsity supplement
11 funds shall be adjusted in the following manner:
12 1. A maximum discretionary levy per FTE value for each
13 district shall be calculated by dividing the value of each
14 district's maximum discretionary levy by its FTE student
15 count;
16 2. A state average discretionary levy value per FTE
17 shall be calculated by dividing the total maximum
18 discretionary levy value for all districts by the state total
19 FTE student count;
20 3. For districts that have a levy value per FTE as
21 calculated in subparagraph 1. higher than the state average
22 calculated in subparagraph 2., a sparsity wealth adjustment
23 shall be calculated as the product of the difference between
24 the state average levy value per FTE calculated in
25 subparagraph 2. and the district's levy value per FTE
26 calculated in subparagraph 1. and the district's FTE student
27 count and -1;
28 4. Each district's sparsity supplement allocation
29 shall be calculated by adding the amount calculated as
30 specified in paragraphs (a) and (b) and the wealth adjustment
31 amount calculated in this paragraph.
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HB 1839, First Engrossed
1 (7) DECLINE IN FULL-TIME EQUIVALENT STUDENTS.--In
2 those districts where there is a decline between prior year
3 and current year unweighted FTE students, 50 percent of the
4 decline in the unweighted FTE students shall be multiplied by
5 the prior year calculated FEFP per unweighted FTE student and
6 shall be added to the allocation for that district. For this
7 purpose, the calculated FEFP shall be computed by multiplying
8 the weighted FTE students by the base student allocation and
9 then by the district cost differential. If a district
10 transfers a program to another institution not under the
11 authority of the district's school board, the decline is to be
12 multiplied by a factor of 0.15.
13 (8) ADULT BASIC SKILLS ADJUSTMENT.--There is created
14 an adult basic skills education program adjustment. If any
15 district's preceding year's adult basic skills education
16 program expenditure per full-time equivalent student, as
17 reported in s. 237.34, is 105 percent or more of the revenue
18 per full-time equivalent student generated through the Florida
19 Education Finance Program for adult basic skills education,
20 the district entitlement shall be an amount calculated by
21 multiplying the district's adult basic skills education
22 full-time equivalent student count by the difference between
23 the district's adult basic skills education program
24 expenditure per student and 105 percent of the district's
25 adult basic skills education program revenues per full-time
26 equivalent student. The actual amount of the adjustments
27 shall be as set in the General Appropriations Act.
28 (9) PROFOUNDLY HANDICAPPED SUPPLEMENT.--Annually, an
29 amount established in the appropriations act shall be added to
30 the basic amount for current operation of qualified districts
31 as a profoundly handicapped program supplement which shall be
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HB 1839, First Engrossed
1 computed as follows: If any district's preceding year's
2 profoundly handicapped expenditure per full-time equivalent
3 student membership as reported in the Annual District Cost
4 Report is above a percent figure annually established by the
5 Legislature in the General Appropriations Act of the revenue
6 per full-time equivalent student membership generated through
7 the Florida Education Finance Program for profoundly
8 handicapped, the district shall receive an amount calculated
9 by multiplying the district's profoundly handicapped full-time
10 equivalent student membership count by the difference between
11 the district's profoundly handicapped program expenditure per
12 student and the percent set annually by the Legislature of the
13 district's profoundly handicapped program revenues per
14 full-time equivalent student membership. If the total amount
15 to fully fund the entitlement exceeds the amount appropriated,
16 each eligible district's allocation shall be prorated.
17 (10) CAPS ADJUSTMENT SUPPLEMENT.--If there are funds
18 remaining in the appropriation, excluding any working capital
19 funds after calculating subsection (12), a caps adjustment
20 supplement of up to 10 percent of the funds remaining in the
21 appropriation shall be calculated as follows:
22 (a) As a first priority, the exceptional student
23 programs weighted full-time equivalent student membership
24 above cap group 2 shall be funded up to the level of the
25 appropriation. If the level of appropriation does not allow
26 funding of all weighted full-time equivalent student
27 memberships above the cap provided in this paragraph, the
28 funds available shall be prorated.
29 (b) As a second priority, all other group 2 special
30 programs weighted full-time equivalent student membership
31 above cap group 2 shall be funded at the weighted average of
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1 the cost factors for basic grades 4-8 and 9-12 multiplied by
2 the equivalent unweighted full-time equivalent student
3 membership up to the level of the remaining Florida Education
4 Finance Program appropriation. If the level of the remaining
5 appropriation does not allow funding of all weighted full-time
6 equivalent student memberships above the cap provided in this
7 paragraph, the funds available shall be prorated.
8 (8)(11) QUALITY ASSURANCE GUARANTEE.--The Legislature
9 may annually in the General Appropriations Act determine a
10 percentage increase in funds per K-12 weighted FTE as a
11 minimum guarantee to each school district. The guarantee shall
12 be calculated from prior year base funding per weighted FTE
13 student which shall include the adjusted FTE dollars as
14 provided in subsection (9) (12), profoundly handicapped
15 adjustment, quality guarantee funds, and actual nonvoted
16 discretionary local effort from taxes. From the base funding
17 per weighted FTE, the increase shall be calculated for the
18 current year. The current year funds from which the guarantee
19 shall be determined shall include the adjusted FTE dollars as
20 provided in subsection (9) (12), profoundly handicapped
21 adjustment, and potential nonvoted discretionary local effort
22 from taxes. A comparison of current year funds per weighted
23 FTE to prior year funds per weighted FTE shall be computed.
24 For those school districts which have less than the
25 legislatively assigned percentage increase, funds shall be
26 provided to guarantee the assigned percentage increase in
27 funds per weighted FTE student. Should appropriated funds be
28 less than the sum of this calculated amount for all districts,
29 the commissioner shall prorate each district's allocation.
30 This provision shall be implemented to the extent specifically
31 funded.
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1 (9)(12) TOTAL ALLOCATION OF STATE FUNDS TO EACH
2 DISTRICT FOR CURRENT OPERATION.--The total annual state
3 allocation to each district for current operation for the K-12
4 FEFP and the adult FEFP shall be distributed periodically in
5 the manner prescribed in the General Appropriations Act. by
6 regulations of the state board and shall be calculated as
7 follows:
8 (a)1. The basic amount for current operation for the
9 K-12 FEFP as determined in subsection (1), multiplied by the
10 district cost differential factor as determined in subsection
11 (2), plus the amount for the sparsity supplement as determined
12 in subsection (6), the decline in full-time equivalent
13 students as determined in subsection (7), the adult basic
14 skills adjustment as determined in subsection (8), the
15 profoundly handicapped supplement as determined in subsection
16 (9), and the quality assurance guarantee as determined in
17 subsection (8) (11), less the required local effort as
18 determined in subsection (4). If the funds appropriated for
19 the purpose of funding the total amount for current operation
20 as provided in this paragraph are not sufficient to pay the
21 state requirement in full, the department shall prorate the
22 available state funds to each district in the following
23 manner:
24 a.1. Determine the percentage of proration by dividing
25 the sum of the total amount for current operation, as provided
26 in this paragraph for all districts collectively, and the
27 total district-required local effort into the sum of the state
28 funds available for current operation and the total
29 district-required local effort.
30 b.2. Multiply the percentage so determined by the sum
31 of the total amount for current operation as provided in this
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1 paragraph and the required local effort for each individual
2 district.
3 c.3. From the product of such multiplication, subtract
4 the required local effort of each district; and the remainder
5 shall be the amount of state funds allocated to the district
6 for current operation.
7 2.(b) The amount thus obtained shall be the net annual
8 allocation to each school district. However, if it is
9 determined that any school district received an
10 underallocation or overallocation for any prior year because
11 of an arithmetical error, assessment roll change, full-time
12 equivalent student membership error, or any allocation error
13 revealed in an audit report, the allocation to that district
14 shall be appropriately adjusted. If the Department of
15 Education audit adjustment recommendation is based upon
16 controverted findings of fact, the Commissioner of Education
17 is authorized to establish the amount of the adjustment based
18 on the best interests of the state.
19 3.(c) The amount thus obtained shall represent the net
20 annual state allocation to each district; however,
21 notwithstanding any of the provisions herein, each district
22 shall be guaranteed a minimum level of funding in the amount
23 and manner prescribed in the General Appropriations Act.
24 (b) The basic amount for current operation for the
25 adult FEFP as determined in subsection (1), multiplied by the
26 district cost differential factor as determined in subsection
27 (2), less the required local effort fees. If the funds
28 appropriated for the purpose of funding the adult FEFP are not
29 sufficient to pay the state requirement in full, the
30 department shall prorate the available funds in the same
31 manner as provided in paragraph (a) for the K-12 FEFP. The
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HB 1839, First Engrossed
1 following are not included in the calculation of the adult
2 FEFP: ad valorem taxes, sparsity, and minimum guarantee.
3 Section 6. Paragraph (d) of subsection (1) of section
4 236.083, Florida Statutes, 1996 Supplement, is amended, and
5 subsection (7) is added to said section, to read:
6 236.083 Funds for student transportation.--The annual
7 allocation to each district for transportation to public
8 school programs of students in membership in kindergarten
9 through grade 12, in migrant and exceptional student programs
10 below kindergarten, and in any other state-funded
11 prekindergarten program shall be determined as follows:
12 (1) Subject to the rules of the state board, each
13 district shall determine the membership of students who are
14 transported:
15 (d) By reason of being vocational, dual enrollment, or
16 students with disabilities transported from one school center
17 to another to participate in an instructional program or
18 service; or students with disabilities, transported from one
19 designation to another in the state, provided one designation
20 is a school center and provided the student's individual
21 educational plan (IEP) identifies the need for the
22 instructional program or service and transportation to be
23 provided by the school district. A "school center" is defined
24 as a public school center, public community college, public
25 university, or other facility rented, leased, or owned and
26 operated by the school district or another public agency. A
27 "dual enrollment student" is defined as a public school
28 student in membership in both a public secondary school
29 program and a public community college or a public university
30 program under a written agreement to partially fulfill ss.
31
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HB 1839, First Engrossed
1 229.814 and 240.115 and earning full-time equivalent
2 membership under s. 236.081(1)(g)(j);
3 (7) Any funds received by a school district under this
4 section that are not required to transport students may, at
5 the discretion of the school board, be transferred to the
6 district's K-12 Florida Education Finance Program.
7 Section 7. Section 237.34, Florida Statutes, is
8 amended to read:
9 237.34 Cost accounting and reporting.--
10 (1) COST ACCOUNTING.--Each district shall account for
11 expenditures of all state, local, and federal funds on a
12 school-by-school and a district-aggregate basis in accordance
13 with the manual developed by the department or as provided by
14 law. The method used by each district when recording and
15 reporting cost data by program shall be reviewed and approved
16 by the department in accordance with regulations prescribed by
17 the state board. All districts, in cooperation with the
18 department, shall plan mutually compatible programs for the
19 refinement of cost data and the improvement of the accounting
20 and reporting system.
21 (2) COST REPORTING.--
22 (a) Each district shall report on a district-aggregate
23 basis expenditures for inservice training pursuant to s.
24 236.081(3), and for categorical programs as provided in s.
25 236.081(5).
26 (b) Each district shall report on a school-by-school
27 and on an aggregate district basis expenditures for each
28 program funded set forth in s. 236.081(1)(c), except that
29 programs for exceptional students shall be reported on an
30 aggregate basis separate costs shall be kept for adult basic
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1 and secondary education as defined in s. 239.105. Expenditures
2 for apprenticeship programs shall be reported separately.
3 (c) The commissioner shall present to the Legislature,
4 90 days prior to the opening of the regular session each year,
5 a district-by-district report of the expenditures reported
6 pursuant to paragraphs (a) and (b). The report shall include
7 total expenditures, a detailed analysis showing expenditures
8 for each program, and such other data as may be useful for
9 management of the educational system. The commissioner shall
10 also compute cost factors for each district reflecting actual
11 expenditures relative to the base student allocation for each
12 funded program of the programs as provided in s.
13 236.081(1)(c).
14 (3) PROGRAM EXPENDITURE REQUIREMENTS.--
15 (a) For each program and broad program category
16 established in s. 236.081(1)(c), Each district shall expend at
17 least the percent of the funds generated by each of the
18 programs listed herein on the aggregate total school costs for
19 such programs:
20 1. Kindergarten and grades 1, 2, and 3, 90 percent.
21 2. Grades 4, 5, 6, 7, and 8, 80 percent.
22 3. Grades 9, 10, 11, and 12, 80 percent.
23 4. Special Programs for exceptional students, on an
24 aggregate program basis, 80 percent.
25 5. Career education Special vocational-technical
26 programs, on an aggregate program basis, 80 percent.
27 6. Special Adult general education programs, on an
28 aggregate program basis, 80 percent.
29 7. Students-at-risk programs, on an aggregate program
30 basis, 80 percent.
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1 8. Beginning in fiscal year 1989-1990, Any new program
2 established and funded under s. 236.081(1)(c), that is not
3 included under subparagraphs 1. through 7., on an aggregate
4 basis as appropriate, 80 percent.
5 (b) Funds for inservice training established in s.
6 236.081(3) and for categorical programs established in s.
7 236.081(5) shall be expended for the costs of the identified
8 programs in accordance with the rules of the state board.
9 (c) In the event a district fails to meet any of the
10 expenditure requirements as set forth herein, the commissioner
11 shall notify the superintendent of the district involved and
12 shall require that the school board make provision for
13 correcting the deficiency in the subsequent year's operating
14 budget. The commissioner shall not approve the district
15 budget until he or she has determined that the provisions have
16 been made to correct the deficiency.
17 Section 8. Paragraph (a) of subsection (2) of section
18 230.2305, Florida Statutes, is amended to read:
19 230.2305 Prekindergarten early intervention program.--
20 (2) ELIGIBILITY.--There is hereby created the
21 prekindergarten early intervention program for children who
22 are 3 and 4 years of age. A prekindergarten early
23 intervention program shall be administered by a district
24 school board and shall receive state funds pursuant to
25 subsection (9). Prekindergarten early intervention programs
26 shall be implemented and conducted by school districts
27 pursuant to a plan developed and approved as provided in this
28 section. School district participation in the prekindergarten
29 early intervention program shall be at the discretion of each
30 school district.
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1 (a) At least 75 percent of the children projected to
2 be served by the district program shall be economically
3 disadvantaged 4-year-old children of working parents,
4 including migrant children or children whose parents
5 participate in the WAGES Program. Other children projected to
6 be served by the district program may include any of the
7 following up to a maximum of 25 percent of the total number of
8 children served:
9 1. Three-year-old and four-year-old children who are
10 referred to the school system who may not be economically
11 disadvantaged but who are abused, prenatally exposed to
12 alcohol or harmful drugs, or from foster homes, or who are
13 marginal in terms of Exceptional Student Education placement.
14 2. Three-year-old children and four-year-old children
15 who may not be economically disadvantaged but who are eligible
16 students with disabilities and served in an a specific
17 part-time or combination of part-time exceptional student
18 education program programs with required special services,
19 aids, or equipment and who are reported for partial funding
20 part-time in the K-12 Florida Education Finance Program as
21 exceptional students. These students may be funded from
22 prekindergarten early intervention program funds the portion
23 of the time not funded by the K-12 Florida Education Finance
24 Program for the actual instructional time or one full-time
25 equivalent student membership, whichever is the lesser. These
26 part-time students with disabilities shall be counted toward
27 the 25-percent student limit based on full-time equivalent
28 student membership funded part-time by prekindergarten early
29 intervention program funds. Also, 3-year-old or 4-year-old
30 eligible students with disabilities who are reported for
31 funding in the K-12 Florida Education Finance Program in an a
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1 full-time or an authorized combination of full-time and
2 part-time exceptional student education program programs as
3 provided in s. 236.081(1)(c) may be mainstreamed in the
4 prekindergarten early intervention program if such programming
5 is reflected in the student's individual educational plan; if
6 required special services, aids, or equipment are provided;
7 and if there is no operational cost to prekindergarten early
8 intervention program funds. These full-time Exceptional
9 education students who are reported for maximum K-12 Florida
10 Education Finance Program funding and who are not reported for
11 early intervention funding shall not count against the
12 75-percent or 25-percent student limit as stated in this
13 paragraph.
14 3. Economically disadvantaged 3-year-old children.
15 4. Economically disadvantaged children, children with
16 disabilities, and children at risk of future school failure,
17 from birth to age four, who are served at home through home
18 visitor programs and intensive parent education programs such
19 as the Florida First Start Program.
20 5. Children who meet federal and state requirements
21 for eligibility for the migrant preschool program but who do
22 not meet the criteria of "economically disadvantaged" as
23 defined in paragraph (b), who shall not pay a fee.
24 6. After the groups listed in subparagraphs 1., 2.,
25 3., and 4. have been served, 3-year-old and 4-year-old
26 children who are not economically disadvantaged and for whom a
27 fee is paid for the children's participation.
28 Section 9. Subsection (1) of section 236.25, Florida
29 Statutes, is amended to read:
30 236.25 District school tax.--
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1 (1) If the district school tax is not provided in the
2 General Appropriations Act or the substantive bill
3 implementing the General Appropriations Act, each school board
4 desiring to participate in the state allocation of funds for
5 current operation as prescribed by s. 236.081(9)(12) shall
6 levy on the taxable value for school purposes of the district,
7 exclusive of millage voted under the provisions of s. 9(b) or
8 s. 12, Art. VII of the State Constitution, a millage rate not
9 to exceed the amount certified by the commissioner as the
10 minimum millage rate necessary to provide the
11 district-required local effort for the current year, pursuant
12 to s. 236.081(4)(a)1. In addition to the required local effort
13 millage levy, each school board may levy a nonvoted current
14 operating discretionary millage. The Legislature shall
15 prescribe annually in the appropriations act the maximum
16 amount of millage a district may levy. The millage rate
17 prescribed shall exceed zero mills but shall not exceed the
18 lesser of 1.6 mills or 25 percent of the millage which is
19 required pursuant to s. 236.081(4), exclusive of millage
20 levied pursuant to subsection (2).
21 Section 10. Subsection (1) of section 236.602, Florida
22 Statutes, is amended to read:
23 236.602 Bonds payable from motor vehicle license tax
24 funds; instruction units computed.--
25 (1) For the purpose of administering the provisions of
26 s. 9(d), Art. XII of the State Constitution as amended in
27 1972, the number of current instruction units in districts
28 shall be computed annually by the department by multiplying
29 the number of full-time equivalent students in programs under
30 s. 236.081(1)(c) in each district by the cost factors
31 established in the General Appropriations Act s. 236.081(1)(c)
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HB 1839, First Engrossed
1 and dividing by 23, except that all basic program cost factors
2 shall be one, and the special program cost factors for
3 hospital and homebound I and for community service shall be
4 zero. Full-time equivalent membership for students residing in
5 Department of Health and Rehabilitative Services residential
6 care facilities shall not be included in this computation.
7 Any portion of the fund not expended during any fiscal year
8 may be carried forward in ensuing budgets and shall be
9 temporarily invested as prescribed by law or regulations of
10 the state board.
11 Section 11. Paragraph (d) of subsection (6) of section
12 239.301, Florida Statutes, 1996 Supplement, is amended to
13 read:
14 239.301 Adult general education.--
15 (6)
16 (d) This subsection is not intended to discourage a
17 school district or community college from providing
18 educational services for disabled adults through classes in
19 which nondisabled adults participate; however, in order to
20 receive state funding pursuant to s. 236.081(1)(e)(h) or s.
21 240.359, a school district or community college must have an
22 approved program for adult, disabled students, and each
23 student reported for funding pursuant to this subsection must
24 have been determined to be a disabled adult.
25 Section 12. Subsection (5) of section 240.1161,
26 Florida Statutes, is amended to read:
27 240.1161 District interinstitutional articulation
28 agreements.--
29 (5) School districts and community colleges may enter
30 into additional interinstitutional articulation agreements
31 with state universities for the purposes of this section.
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1 School districts may also enter into interinstitutional
2 articulation agreements with eligible independent colleges and
3 universities pursuant to s. 236.081(1)(g)(j). State
4 universities and community colleges may enter into
5 interinstitutional articulation agreements with nonpublic
6 secondary schools, pursuant to s. 240.116.
7 Section 13. Paragraph (b) of subsection (5) of section
8 240.209, Florida Statutes, 1996 Supplement, is amended to
9 read:
10 240.209 Board of Regents; powers and duties.--
11 (5) The Board of Regents is responsible for:
12 (b) Coordinating with the Postsecondary Education
13 Planning Commission the programs, including doctoral programs,
14 to be reviewed every 5 years or whenever the board determines
15 that the effectiveness or efficiency of a program is
16 jeopardized. The program reviews shall conform to the
17 following guidelines:
18 1. The board shall define the measures of performance
19 quality and productivity to be applied in reviews. At a
20 minimum, the board shall include the following performance
21 measures:
22 a. Need.
23 b. Student demand.
24 c. Available resources to support continuation.
25 d. Graduation rates of first time in college students
26 (FTIC) and AA transfer students.
27 e. Retention rates of first time in college students
28 (FTIC) and AA transfer students.
29 f. Percent of students who successfully pass
30 licensure/certification tests on the first attempt, where
31 appropriate.
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1 g. Cost of instruction per full-time equivalent
2 student.
3 h. Cost of degree per full-time equivalent student,
4 including direct and indirect costs.
5 i. Average number of referred journal articles per
6 ranked faculty member.
7 j. Ratio of state-funded research to externally funded
8 contracts and grants.
9 k. Percent of students employed full time upon
10 graduation.
11 l. Percent of undergraduate students who are admitted
12 to graduate school upon completion of baccalaureate degree.
13 m. Percent of undergraduate classes with less than 25
14 in the class section.
15 n. Ratio of ranked faculty to students.
16 o. Percent of students with credit hours that exceed
17 baccalaureate degree requirements by more than 15 percent,
18 excluding credit hours earned at institutions other than
19 Florida public universities.
20 p. Average number of university commercial versus
21 noncommercial press books per ranked faculty member.
22 q. Number of National Merit Scholars.
23 r. Number of National Achievement Scholars.
24 s. Number of National Hispanic Scholars.
25 2. The board shall develop uniform definitions of each
26 performance measure using data from the previous academic year
27 or the most recent data if data is not available for the
28 previous academic year. The measures shall apply to the 5
29 years or span of the program review.
30 3. The results of the program reviews shall be tied to
31 Board of Regents and individual university budget allocations
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1 and requests, including those associated with new program
2 approval, program termination, and reallocations of resources
3 within a university. At a minimum, the board shall be
4 responsible for requiring each university to document those
5 programmatic and budgetary actions taken in response to the
6 program review recommendations. Such documentation shall occur
7 within 2 years of the results of a program review being
8 adopted by the board. The board shall define the indicators of
9 quality and the criteria for program review for every program.
10 Such indicators shall include need, student demand, and
11 resources available to support continuation. The results of
12 the program reviews shall be tied to the university budget
13 requests.
14 Section 14. Paragraph (c) of subsection (5) of section
15 240.605, Florida Statutes, 1996 Supplement, is amended to
16 read:
17 240.605 Florida resident access grants.--
18 (5)
19 (c) Notwithstanding any provision of law to the
20 contrary For the 1996-1997 fiscal year only, funding for the
21 Florida resident access grant shall be the amount set forth
22 annually in the General Appropriations Act. This paragraph is
23 repealed on July 1, 1997.
24 Section 15. The Legislature hereby finds that the
25 costs of building higher education facilities is excessive and
26 unreasonable. The construction costs for some college
27 facilities have been documented in excess of $190 per square
28 foot. It is the intent of the Legislature that the community
29 colleges and state universities use due diligence and sound
30 business practices in constructing their authorized
31 facilities. The Legislature hereby directs the State Board of
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1 Community Colleges and the Board of Regents to analyze the
2 expenditure of funds from the Public Education Capital Outlay
3 and Debt Service Trust Fund by the community colleges and
4 state universities with the intention of reducing excessive
5 costs, in total and on a per square foot basis. In addition,
6 the boards shall develop cost standards that are reasonable
7 and promote efficiency in construction, but at a maximum shall
8 be $95 per square foot for classroom and like facilities. The
9 findings of the analysis and the standards shall be reported
10 to the Executive Office of the Governor, the Speaker of the
11 House of Representatives, and the President of the Senate
12 prior to the submittal of their 1998-1999 legislative budget
13 requests and shall be used to calculate those requests.
14 Section 16. Subsection (4) is added to section
15 216.301, Florida Statutes, to read:
16 216.301 Appropriations; undisbursed balances.--
17 (4) Notwithstanding the provisions of subsection (1),
18 any balance of any appropriation from the General Revenue Fund
19 for salaries, other personal services, expenses, or operating
20 capital outlay for budget entities under the direct
21 supervision of the Commissioner of Education that is not
22 required to meet obligations certified forward into the next
23 fiscal period pursuant to the provisions of this section shall
24 be treated as follows:
25 (a) Fifty percent of said funds shall revert to the
26 Principal State Schools Trust Fund.
27 (b) Fifty percent of said funds shall be made
28 available for expenditure by the Department of Education to
29 address priority issues identified by the commissioner.
30 Section 17. Subsection (1) of section 240.632, Florida
31 Statutes, is amended to read:
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1 240.632 Creation of institute.--
2 (1) There is hereby created a nonprofit corporation to
3 be known as the Florida Martin Luther King, Jr., Institute for
4 Nonviolence, Inc., to be established at Miami-Dade Community
5 College by the State Community College System in conjunction
6 with the State University System. The institute shall be
7 subject to, and required to comply with, the relevant
8 provisions of chapters 119, 215, 216, 273, 286, and 287. The
9 mission of the institute is to promote nonviolent conflict
10 resolution throughout the state. The corporate charter and
11 bylaws of the institute shall be in compliance with chapter
12 617, except to the extent of conflict with this act, in which
13 case the provisions of this act shall prevail. The institute
14 shall be governed by a have an advisory board of directors
15 consisting of 13 members as follows: the Attorney General or
16 designee, the Chancellor of the State University System or
17 designee, the Commissioner of Education or designee, and 10
18 members to be appointed by the Governor, such members to
19 represent the population of the state based on its ethnic,
20 gender, and socioeconomic diversity. No sitting member of the
21 Legislature may be appointed by the Governor to the institute,
22 but any member previously appointed may serve until March 1,
23 1998, or until the member's term expires, whichever is sooner.
24 Of the members appointed by the Governor, one shall be a
25 member of the Senate appointed by the Governor on the
26 recommendation of the President of the Senate; one shall be a
27 member of the Senate appointed by the Governor on the
28 recommendation of the minority leader; one shall be a member
29 of the House of Representatives appointed by the Governor on
30 the recommendation of the Speaker of the House of
31 Representatives; one shall be a member of the House of
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1 Representatives appointed by the Governor on the
2 recommendation of the minority leader; and six shall be
3 members appointed by the Governor, no more than three of whom
4 shall be members of the same political party. The following
5 groups shall be represented by the six members appointed by
6 the Governor: the Florida Sheriffs Association; the Florida
7 Association of Counties; the Florida League of Cities; human
8 services agencies; community relations or human relations
9 councils; and youth. A chairperson shall be elected annually
10 by the members and shall serve for a term of 3 years. The
11 appointed members of the board shall serve 5-year the
12 following terms of office which shall be staggered:
13 (a) A member of the Legislature appointed to the board
14 shall serve for a single term not to exceed 5 years and shall
15 serve as a member only while he or she is a member of the
16 Legislature.
17 (b) Of the six members who are appointed by the
18 Governor not members of the Legislature, four three shall
19 serve for terms of 4 years, three two shall serve for terms of
20 3 years, and three one shall serve for a term of 1 year.
21 Thereafter, each member, except for a member appointed to fill
22 an unexpired term, shall serve for a 5-year term. No member
23 shall serve on the board for more than 10 years.
24
25 In the event of a vacancy occurring in the office of a member
26 of the board by death, resignation, or otherwise, the Governor
27 shall appoint a successor to serve for the balance of the
28 unexpired term.
29 Section 18. Subsection (2) of section 240.631, Florida
30 Statutes, is amended to read:
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1 240.631 Florida Martin Luther King, Jr., Institute for
2 Nonviolence; definitions.--As used in this act:
3 (2) "Institute" means the Florida Martin Luther King,
4 Jr., Institute for Nonviolence, Inc.
5 Section 19. This act shall take effect July 1, 1997.
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