House Bill 4053e1

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                                          HB 4053, First Engrossed



  1                      A bill to be entitled

  2         An act relating to the Florida Statutes;

  3         repealing various statutory provisions that

  4         have become obsolete, have had their effect,

  5         have served their purpose, or have been

  6         impliedly repealed or superseded; amending s.

  7         229.121, F.S.; deleting obsolete provisions

  8         relating to exchange of land of the State

  9         School Fund by the State Board of Education;

10         repealing s. 232.2451(4), F.S., relating to

11         effect and applicability of provisions relating

12         to readiness for postsecondary education and

13         the workplace; repealing s. 232.271(5), F.S.,

14         relating to reports to the Legislature on

15         expulsion of students from the classroom;

16         repealing s. 232.36, F.S., relating to

17         sanitation of schools; amending s. 228.053,

18         F.S.; deleting a cross reference, to conform;

19         repealing s. 236.0815, F.S., relating to

20         restrictions on inclusion of certain students

21         within basic programs; repealing s. 236.0817,

22         F.S., relating to allocation of categorical

23         funds to developmental research schools;

24         repealing s. 236.0841, F.S., relating to

25         provision of student enrichment, remedial, and

26         dropout prevention programs; amending s.

27         232.246, F.S.; deleting a cross reference, to

28         conform; repealing s. 236.092, F.S., relating

29         to mathematics, science, and computer learning

30         laboratories; repealing s. 236.1228, F.S.,

31         relating to accountability program grants;


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                                          HB 4053, First Engrossed



  1         amending s. 236.13, F.S.; deleting a cross

  2         reference, to conform; repealing ss. 236.1229

  3         and 236.12295, F.S., relating to the Florida

  4         School Improvement and Academic Achievement

  5         Trust Fund and its grant program; repealing s.

  6         236.145, F.S., relating to reimbursement of

  7         residential nonpublic school contracts;

  8         amending s. 236.687, F.S.; deleting obsolete

  9         implementation provisions of the Florida

10         Maximum Class Size Study Act; repealing s.

11         236.69, F.S., relating to development of a

12         state plan for use of funds received under

13         Title I of the federal Elementary and Secondary

14         Education Act of 1965, as amended and

15         readopted; repealing s. 238.05(5)(a), F.S.,

16         relating to optional membership in the

17         Teachers' Retirement System by persons

18         qualified for retirement under the Judicial

19         Retirement System; providing an effective date.

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21  Be It Enacted by the Legislature of the State of Florida:

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23         Section 1.  Section 229.121, Florida Statutes, is

24  amended to read:

25         229.121  Land of the State School Fund; exemption from

26  taxation State board authorized to exchange land.--

27         (1)  The State Board of Education of this state is

28  hereby authorized in its discretion to exchange land of the

29  State School Fund held by said board for other land in this

30  state held by any other state agency, or by any county in this

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                                          HB 4053, First Engrossed



  1  state, or by any person, private or corporate, where such

  2  exchange will be advantageous to said fund.

  3         (2)  The said State Board of Education shall have

  4  authority to fix the terms and conditions of any such exchange

  5  and to select and agree upon the lands to be conveyed to and

  6  to be received by said board, and to make and enter into

  7  contracts and agreements therefor.  To be acceptable, the land

  8  to be received by said board in exchange shall be free of tax

  9  or other debt and shall be clear as to title.

10         (3)  In making exchange of land, the said board may in

11  its discretion convey said land without the reservation of

12  oil, gas, or of phosphate and other minerals required by s.

13  270.11, where deeds to land received in exchange convey title

14  in fee simple without such reservations, or to determine the

15  part or parts to be reserved and the part or parts to be

16  conveyed so as to facilitate exchange on a basis as nearly

17  equal as may be.

18         (4)  The land comprising part of the State School Fund

19  shall not be subject to taxes of any kind whatsoever, but

20  shall enjoy constitutional immunity therefrom, nor shall taxes

21  of any kind be imposed thereon; nor, since not subject to tax,

22  shall the state or any state agency be liable for taxes or the

23  equivalent thereof sought to be imposed upon said land.  All

24  outstanding tax sale certificates against land of the State

25  School Fund are hereby canceled.

26         (5)  Any such exchanges of land heretofore made by said

27  State Board of Education are hereby confirmed and validated.

28         Section 2.  Subsection (4) of section 232.2451, Florida

29  Statutes, is repealed.

30         Section 3.  Subsection (5) of section 232.271, Florida

31  Statutes, is repealed.


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                                          HB 4053, First Engrossed



  1         Section 4.  Section 232.36, Florida Statutes, is

  2  repealed.

  3         Section 5.  Paragraph (b) of subsection (12) of section

  4  228.053, Florida Statutes, is amended to read:

  5         228.053  Developmental research schools.--

  6         (12)  EXCEPTIONS TO LAW.--To encourage innovative

  7  practices and facilitate the mission of the developmental

  8  research schools, in addition to the exceptions to law

  9  specified in s. 229.592, the following exceptions shall be

10  permitted for developmental research schools:

11         (b)  The following statutes or related rules may be

12  waived for any developmental research school so requesting,

13  provided the general statutory purpose of each section is met

14  and the developmental research school has submitted a written

15  request to the Joint Developmental Research School Planning,

16  Articulation, and Evaluation Committee for approval pursuant

17  to this subsection:  ss. 229.555; 231.291; 232.2462; 232.36;

18  233.34; 237.01; 237.02; 237.031; 237.041; 237.061; 237.081;

19  237.111; 237.121; 237.131; 237.141; 237.151; 237.161; 237.162;

20  237.171; 237.181; 237.211; and 237.34. Notwithstanding

21  reference to the responsibilities of the superintendent or

22  school board in chapter 237, developmental research schools

23  shall follow the policy intent of the chapter and shall, at

24  least, adhere to the general state agency accounting

25  procedures established in s. 11.46.

26         1.  Two or more developmental research schools may

27  jointly originate a request for waiver and submit the request

28  to the committee if such waiver is approved by the school

29  advisory council of each developmental research school

30  desiring the waiver.

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                                          HB 4053, First Engrossed



  1         2.  A developmental research school may submit a

  2  request to the committee for a waiver if such request is

  3  presented by a school advisory council established pursuant to

  4  s. 229.58, if such waiver is required to implement a school

  5  improvement plan required by s. 230.23(16), and if such

  6  request is made using forms established pursuant to s.

  7  229.592. The Joint Developmental Research School Planning,

  8  Articulation, and Evaluation Committee shall monitor the

  9  waiver activities of all developmental research schools and

10  shall report annually to the department, in conjunction with

11  the feedback report required pursuant to s. 229.592, the

12  number of waivers requested and submitted to the committee by

13  developmental research schools, and the number of such waiver

14  requests not approved. For each waiver request not approved,

15  the committee shall report the statute or rule for which the

16  waiver was requested, the rationale for the developmental

17  research school request, and the reason the request was not

18  approved.

19         Section 6.  Section 236.0815, Florida Statutes, is

20  repealed.

21         Section 7.  Section 236.0817, Florida Statutes, is

22  repealed.

23         Section 8.  Section 236.0841, Florida Statutes, is

24  repealed.

25         Section 9.  Paragraph (a) of subsection (7) of section

26  232.246, Florida Statutes, is amended to read:

27         232.246  General requirements for high school

28  graduation.--

29         (7)  No student may be granted credit toward high

30  school graduation for enrollment in the following courses or

31  programs:


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                                          HB 4053, First Engrossed



  1         (a)  More than a total of nine elective credits in

  2  remedial programs as provided for in s. 236.0841.

  3         Section 10.  Section 236.092, Florida Statutes, is

  4  repealed.

  5         Section 11.  Section 236.1228, Florida Statutes, is

  6  repealed.

  7         Section 12.  Subsection (3) of section 236.13, Florida

  8  Statutes, is amended to read:

  9         236.13  Expenditure of funds by school board.--All

10  state funds apportioned to the credit of any district

11  constitute a part of the district school fund of that district

12  and must be budgeted and expended under authority of the

13  school board of that district subject to the provisions of

14  law, regulations of the state board, and rules of the

15  commissioner.

16         (3)  Funds expended from school nonrecurring incentives

17  or bonus type state or federal funded programs based on

18  performance outcomes, such as those provided for in s.

19  236.1228 for the accountability program, may not be used for

20  measuring compliance with state or federal maintenance of

21  effort, supplanting, or comparability standards.

22         Section 13.  Sections 236.1229 and 236.12295, Florida

23  Statutes, are repealed.

24         Section 14.  Section 236.145, Florida Statutes, is

25  repealed.

26         Section 15.  Section 236.687, Florida Statutes, is

27  amended to read:

28         236.687  Florida Maximum class size goals Study Act.--

29         (1)  This section may be cited as the "Florida Maximum

30  Class Size Study Act."

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                                          HB 4053, First Engrossed



  1         (2)  During school year 1998-1999, each school district

  2  using funds provided in the 1998-1999 General Appropriations

  3  Act for the purpose of class size reduction shall, in at least

  4  one elementary school, reduce the teacher-to-student ratio to

  5  one full-time equivalent teacher to 20 students in

  6  kindergarten through grade three. In any district where there

  7  is a critically low-performing elementary school as identified

  8  by the Commissioner of Education, such school shall be

  9  selected for inclusion in the program under this subsection in

10  preference to any other school in the district, and the ratio

11  to be achieved in such schools shall be one full-time

12  equivalent teacher to 15 students. In the case of a district

13  with more than one elementary school identified by the

14  commissioner as critically low-performing, the selection of a

15  school shall be performed by the district school board by lot.

16         (3)  At the conclusion of the 1998-1999 school year,

17  the Department of Education shall conduct a complete study of

18  the efficacy of the reductions in class size provided for in

19  subsection (2). The study shall involve all participating

20  schools and shall be focused on obtaining verifiable data

21  regarding the benefits of class size reduction in terms of

22  student achievement and performance. Results of the study

23  shall be presented to the Governor, the President of the

24  Senate, the Speaker of the House of Representatives, and the

25  minority leader of each house not later than January 1, 2000.

26         (4)  Beginning with school year 1998-1999, It shall be

27  the goal of the Legislature and each school district that each

28  elementary school in the school district beginning with

29  kindergarten through grade three class sizes not exceed 20

30  students, with a ratio of one full-time equivalent teacher per

31  20 students; except that only in the case of critically


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                                          HB 4053, First Engrossed



  1  low-performing schools as identified by the Commissioner of

  2  Education, the goal in kindergarten through grade three shall

  3  be a ratio of one full-time equivalent teacher per 15

  4  students.  For purposes of any funding in the General

  5  Appropriations Act to meet these goals, the district shall

  6  give priority to identified critically low-performing schools

  7  in the district.  Second priority for the use of any funds

  8  designated for meeting these goals shall be for kindergarten

  9  through grade one.  Third priority for the use of any funds

10  designated for meeting these goals shall be for grades two and

11  three.

12         Section 16.  Section 236.69, Florida Statutes, is

13  repealed.

14         Section 17.  Paragraph (a) of subsection (5) of section

15  238.05, Florida Statutes, is repealed.

16         Section 18.  This act shall take effect upon becoming a

17  law.

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