House Bill hb1505
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1505
By Representatives Frankel and Richardson
1 A bill to be entitled
2 An act relating to teacher recruitment and
3 retention; providing a short title; creating s.
4 110.12305, F.S.; authorizing a district school
5 board to apply, on behalf of its employees, for
6 participation in the state group health
7 insurance program and the state prescription
8 drug program; providing terms and conditions;
9 amending s. 121.051, F.S.; correcting a cross
10 reference; amending s. 121.091, F.S.;
11 authorizing a district school board to reemploy
12 a member of its instructional staff after he or
13 she has been retired for 1 calendar month;
14 providing requirements for reemployment within
15 1 calendar month after retirement; amending s.
16 215.47, F.S.; providing for investment of
17 Florida Retirement System assets; providing for
18 reduction in school district contributions to
19 the Florida Retirement System and use of such
20 savings for teacher salaries; amending s.
21 231.096, F.S.; requiring assistance in
22 accessing resources for teachers teaching
23 out-of-field; amending s. 231.36, F.S.;
24 requiring a district school board to accept
25 prior years of teaching service in certain
26 circumstances; amending s. 231.625, F.S.;
27 requiring the Department of Education to
28 perform specified activities to improve teacher
29 recruitment and retention; creating s.
30 236.08108, F.S.; creating the Teacher Salary
31 Incentive Program to provide funding for
1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1505
115-211A-01
1 improved salaries for instructional personnel;
2 providing eligibility for salary increases;
3 amending s. 240.529, F.S., relating to teacher
4 preparation programs; providing
5 alternative-route-to-certification programs;
6 amending s. 445.002, F.S.; providing
7 definitions with respect to workforce
8 innovation; amending s. 445.004, F.S.;
9 authorizing expansion of occupations identified
10 by the Workforce Estimating Conference to
11 include public school teachers; providing
12 effective dates.
13
14 WHEREAS, the Legislature recognizes that caring and
15 qualified public school teachers play a critical role in
16 preparing children and young adults for success in higher
17 education and in the workplace, and
18 WHEREAS, the Legislature further recognizes that
19 Florida's average teacher salary is significantly below the
20 national average, and that the State of Florida will need an
21 estimated 162,296 teachers over the next ten years to address
22 the high turnover of new and retiring teachers, and
23 WHEREAS, it is therefore the intent of the Legislature
24 to provide funding for competitive salaries to help school
25 districts retain and recruit caring and qualified teachers in
26 the public schools, and
27 WHEREAS, the Legislature recognizes that by adopting
28 the recommendation of the Office of Program Policy Analysis
29 and Government Accountability concerning the Florida
30 Retirement System investments, the state will experience an
31
2
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1505
115-211A-01
1 increase in annual investment earnings that can be used to
2 improve teacher salaries, and
3 WHEREAS, the Legislature recognizes that experienced
4 teachers should be encouraged to remain in the classroom and
5 should be able to transfer their years of creditable service
6 for purposes of the Florida Retirement System from one
7 district to another, and
8 WHEREAS, it is the intent of the Legislature to amend
9 the Florida Retirement System to ensure that teachers can
10 return to the classroom one month after retirement and that
11 all school districts will accept all years of full-time
12 teaching in determinations of retirement benefits, and
13 WHEREAS, the Legislature recognizes that the cost of
14 medical care and prescription drugs has risen dramatically,
15 forcing school districts to increase contributions to health
16 insurance in lieu of increasing teacher salaries, and
17 WHEREAS, it is the intent of the Legislature to assist
18 school districts in providing their employees with affordable
19 health insurance by offering the option to participate in the
20 state group health insurance program and the prescription drug
21 program, and
22 WHEREAS, the Legislature recognizes that the state
23 should encourage and recruit more young adults to become
24 teachers and that additional support is needed for teachers
25 who are teaching outside of their area of expertise, and
26 WHEREAS, it is the intent of the Legislature to require
27 state agencies to pursue opportunities to obtain additional
28 federal and local funds for the recruitment and retention of
29 caring and qualified teachers, and
30 WHEREAS, the Legislature recognizes that the state's
31 current system of teacher education is not sufficient to meet
3
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1505
115-211A-01
1 the needs of our growing population and that new programs need
2 to be created, and
3 WHEREAS, it is the intent of the Legislature to develop
4 partnerships between institutions of higher education and
5 public school districts that will produce alternative routes
6 to teacher certification and will provide the mentoring,
7 guidance, and technical support that is critical to
8 successfully recruiting and retaining teachers, NOW,
9 THEREFORE,
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. This act may be cited as the "911 Emergency
14 Call for Recruiting and Retaining Teachers in Florida."
15 Section 2. (1) Section 110.12305, Florida Statutes,
16 is created to read:
17 110.12305 Participation by employees of district
18 school boards.--
19 (1) A district school board may apply to the
20 Department of Management Services, on behalf of employees of
21 the district school board, for participation in the state
22 group health insurance program provided in s. 110.123 and the
23 prescription drug program provided in s. 110.12315. The
24 department shall determine whether the district school board
25 meets the terms and conditions for enrollment.
26 (2) As a prerequisite to applying for participation in
27 the state group health insurance plan and the prescription
28 drug program, a district school board must pass a resolution
29 ratifying such application to the state group health insurance
30 program and the prescription drug program.
31
4
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1505
115-211A-01
1 (3) If the department determines that a district
2 school board is eligible to enroll, the district school board
3 must agree to the following terms and conditions:
4 (a) The minimum enrollment or contractual period will
5 be 3 years.
6 (b) Withdrawal of participation of a district school
7 board requires written notice 1 year prior to the termination
8 date.
9 (c) If coverage is terminated, a district school board
10 may not reapply for participation for a period of 2 years.
11 (d) If any employer other than a state employer fails
12 to make the premium payment required by this chapter, the
13 Department of Revenue or the Department of Banking and
14 Finance, shall, upon the request of the Department of
15 Management Services, deduct the amount owed by the employer
16 from any funds to be distributed by it to the district school
17 board. The amounts so deducted shall be transferred to the
18 department for further distribution to the trust funds in
19 accordance with this chapter.
20 (e) The district school board shall furnish the
21 department such information, in the form and format requested
22 by the department, which the department considers necessary to
23 administer the state group health insurance program and the
24 prescription drug program.
25 (4) The provisions of ss. 624.436-624.446 relating to
26 the regulation of multiple-employer welfare arrangements by
27 the Department of Insurance do not apply to the state group
28 insurance program or to this section.
29 (5) The Department of Management Services may adopt
30 rules, pursuant to ss. 120.536(1) and 120.54, to implement
31 this section.
5
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1505
115-211A-01
1
2 Any additional costs or savings resulting from the addition of
3 these entities to the state group health insurance program or
4 to the prescription drug program shall be passed on to their
5 participants or their employers.
6 (2) This section shall take effect July 1, 2001, if
7 the Department of Management Services receives a favorable
8 letter described in section 1 of chapter 2000-363, Laws of
9 Florida, before that date.
10 Section 3. Paragraph (a) of subsection (1) of section
11 121.051, Florida Statutes, is amended to read:
12 121.051 Participation in the system.--
13 (1) COMPULSORY PARTICIPATION.--
14 (a) The provisions of this law shall be compulsory as
15 to all officers and employees, except elected officers who
16 meet the requirements of s. 121.052(3), who are employed on or
17 after December 1, 1970, of an employer other than those
18 referred to in paragraph (2)(b), and each officer or employee,
19 as a condition of employment, shall become a member of the
20 system as of his or her date of employment, except that a
21 person who is retired from any state retirement system and is
22 reemployed on or after December 1, 1970, shall not be
23 permitted to renew his or her membership in any state
24 retirement system except as provided in s. 121.091(4)(h) for a
25 person who recovers from disability, and as provided in s.
26 121.091(9)(b)9.8. for a person who is elected to public
27 office, and, effective July 1, 1991, as provided in s. 121.122
28 for all other retirees. Officers and employees of the
29 University Athletic Association, Inc., a nonprofit association
30 connected with the University of Florida, employed on and
31 after July 1, 1979, shall not participate in any
6
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1505
115-211A-01
1 state-supported retirement system. Any person appointed on or
2 after July 1, 1989, to a faculty position in a college at the
3 J. Hillis Miller Health Center at the University of Florida or
4 the Medical Center at the University of South Florida which
5 has a faculty practice plan provided by rule adopted by the
6 Board of Regents shall not participate in the Florida
7 Retirement System. A faculty member so appointed shall
8 participate in the optional retirement program on the basis of
9 his or her state-funded compensation, notwithstanding the
10 provisions of s. 121.35(2)(a).
11 Section 4. Paragraph (b) of subsection (9) of section
12 121.091, Florida Statutes, is amended to read:
13 121.091 Benefits payable under the system.--Benefits
14 may not be paid under this section unless the member has
15 terminated employment as provided in s. 121.021(39)(a) or
16 begun participation in the Deferred Retirement Option Program
17 as provided in subsection (13), and a proper application has
18 been filed in the manner prescribed by the department. The
19 department may cancel an application for retirement benefits
20 when the member or beneficiary fails to timely provide the
21 information and documents required by this chapter and the
22 department's rules. The department shall adopt rules
23 establishing procedures for application for retirement
24 benefits and for the cancellation of such application when the
25 required information or documents are not received.
26 (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.--
27 (b)1. Any person who is retired under this chapter,
28 except under the disability retirement provisions of
29 subsection (4), may be reemployed by any private or public
30 employer after retirement and receive retirement benefits and
31 compensation from his or her employer without any limitations,
7
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1505
115-211A-01
1 except that a person, with the exception of a member of the
2 instructional staff of the public schools, may not receive
3 both a salary from reemployment with any agency participating
4 in the Florida Retirement System and retirement benefits under
5 this chapter for a period of 12 months immediately subsequent
6 to the date of retirement. However, a DROP participant shall
7 continue employment and receive a salary during the period of
8 participation in the Deferred Retirement Option Program, as
9 provided in subsection (13).
10 2. Any person to whom the limitation in subparagraph
11 1. applies who violates such reemployment limitation and who
12 is reemployed with any agency participating in the Florida
13 Retirement System before completion of the 12-month limitation
14 period shall give timely notice of this fact in writing to the
15 employer and to the division and shall have his or her
16 retirement benefits suspended for the balance of the 12-month
17 limitation period. Any person employed in violation of this
18 paragraph and any employing agency which knowingly employs or
19 appoints such person without notifying the Division of
20 Retirement to suspend retirement benefits shall be jointly and
21 severally liable for reimbursement to the retirement trust
22 fund of any benefits paid during the reemployment limitation
23 period. To avoid liability, such employing agency shall have
24 a written statement from the retiree that he or she is not
25 retired from a state-administered retirement system. Any
26 retirement benefits received while reemployed during this
27 reemployment limitation period shall be repaid to the
28 retirement trust fund, and retirement benefits shall remain
29 suspended until such repayment has been made. Benefits
30 suspended beyond the reemployment limitation shall apply
31
8
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1505
115-211A-01
1 toward repayment of benefits received in violation of the
2 reemployment limitation.
3 3. A district school board may reemploy a retired
4 member as a substitute or hourly teacher, education
5 paraprofessional, transportation assistant, bus driver, or
6 food service worker on a noncontractual basis after he or she
7 has been retired for 1 calendar month, in accordance with s.
8 121.021(39). Any retired member who is reemployed within 1
9 calendar month after retirement shall void his or her
10 application for retirement benefits. District school boards
11 reemploying such teachers, education paraprofessionals,
12 transportation assistants, bus drivers, or food service
13 workers are subject to the retirement contribution required by
14 subparagraph 8. 7. Reemployment of a retired member as a
15 substitute or hourly teacher, education paraprofessional,
16 transportation assistant, bus driver, or food service worker
17 is limited to 780 hours during the first 12 months of his or
18 her retirement. Any retired member reemployed for more than
19 780 hours during his or her first 12 months of retirement
20 shall give timely notice in writing to the employer and to the
21 division of the date he or she will exceed the limitation.
22 The division shall suspend his or her retirement benefits for
23 the remainder of the first 12 months of retirement. Any
24 person employed in violation of this subparagraph and any
25 employing agency which knowingly employs or appoints such
26 person without notifying the Division of Retirement to suspend
27 retirement benefits shall be jointly and severally liable for
28 reimbursement to the retirement trust fund of any benefits
29 paid during the reemployment limitation period. To avoid
30 liability, such employing agency shall have a written
31 statement from the retiree that he or she is not retired from
9
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1505
115-211A-01
1 a state-administered retirement system. Any retirement
2 benefits received by a retired member while reemployed in
3 excess of 780 hours during the first 12 months of retirement
4 shall be repaid to the Retirement System Trust Fund, and his
5 or her retirement benefits shall remain suspended until
6 repayment is made. Benefits suspended beyond the end of the
7 retired member's first 12 months of retirement shall apply
8 toward repayment of benefits received in violation of the
9 780-hour reemployment limitation.
10 4. A district school board may reemploy a member of
11 the instructional staff after he or she has been retired for 1
12 calendar month, in accordance with s. 121.021(39). Any
13 retired member who is reemployed within 1 calendar month after
14 retirement shall void his or her application for retirement
15 benefits. District school boards reemploying such teachers
16 are subject to the retirement contribution required by
17 subparagraph 8. Reemployment of a retired member as a teacher
18 is limited to 78 hours during the first one month of his or
19 her retirement. Any retired member reemployed for more than
20 78 hours during his or her first one month of retirement shall
21 give timely notice in writing to the employer and to the
22 division of the date he or she will exceed the limitation.
23 The division shall suspend his or her retirement benefits for
24 the remainder of the first one month of retirement. Any
25 person employed in violation of this subparagraph and any
26 employing agency which knowingly employs or appoints such
27 person without notifying the Division of Retirement to suspend
28 retirement benefits shall be jointly and severally liable for
29 reimbursement to the retirement trust fund of any benefits
30 paid during the reemployment limitation period. To avoid
31 liability, such employing agency shall have a written
10
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1505
115-211A-01
1 statement from the retiree that he or she is not retired from
2 a state-administered retirement system. Any retirement
3 benefits received by a retired member while reemployed in
4 excess of 78 hours during the first one month of retirement
5 shall be repaid to the Retirement System Trust Fund, and his
6 or her retirement benefits shall remain suspended until
7 repayment is made. Benefits suspended beyond the end of the
8 retired member's first one month of retirement shall apply
9 toward repayment of benefits received in violation of the
10 78-hour reemployment limitation.
11 5.4. A community college board of trustees may
12 reemploy a retired member as an adjunct instructor, that is,
13 an instructor who is noncontractual and part-time, or as a
14 participant in a phased retirement program within the Florida
15 Community College System, after he or she has been retired for
16 1 calendar month, in accordance with s. 121.021(39). Any
17 retired member who is reemployed within 1 calendar month after
18 retirement shall void his or her application for retirement
19 benefits. Boards of trustees reemploying such instructors are
20 subject to the retirement contribution required in
21 subparagraph 8. 7. A retired member may be reemployed as an
22 adjunct instructor for no more than 780 hours during the first
23 12 months of retirement. Any retired member reemployed for
24 more than 780 hours during the first 12 months of retirement
25 shall give timely notice in writing to the employer and to the
26 division of the date he or she will exceed the limitation.
27 The division shall suspend his or her retirement benefits for
28 the remainder of the first 12 months of retirement. Any
29 person employed in violation of this subparagraph and any
30 employing agency which knowingly employs or appoints such
31 person without notifying the Division of Retirement to suspend
11
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1505
115-211A-01
1 retirement benefits shall be jointly and severally liable for
2 reimbursement to the retirement trust fund of any benefits
3 paid during the reemployment limitation period. To avoid
4 liability, such employing agency shall have a written
5 statement from the retiree that he or she is not retired from
6 a state-administered retirement system. Any retirement
7 benefits received by a retired member while reemployed in
8 excess of 780 hours during the first 12 months of retirement
9 shall be repaid to the Retirement System Trust Fund, and
10 retirement benefits shall remain suspended until repayment is
11 made. Benefits suspended beyond the end of the retired
12 member's first 12 months of retirement shall apply toward
13 repayment of benefits received in violation of the 780-hour
14 reemployment limitation.
15 6.5. The State University System may reemploy a
16 retired member as an adjunct faculty member or as a
17 participant in a phased retirement program within the State
18 University System after the retired member has been retired
19 for 1 calendar month, in accordance with s. 121.021(39). Any
20 retired member who is reemployed within 1 calendar month after
21 retirement shall void his or her application for retirement
22 benefits. The State University System is subject to the
23 retired contribution required in subparagraph 8. 7., as
24 appropriate. A retired member may be reemployed as an adjunct
25 faculty member or a participant in a phased retirement program
26 for no more than 780 hours during the first 12 months of his
27 or her retirement. Any retired member reemployed for more
28 than 780 hours during the first 12 months of retirement shall
29 give timely notice in writing to the employer and to the
30 division of the date he or she will exceed the limitation.
31 The division shall suspend his or her retirement benefits for
12
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1505
115-211A-01
1 the remainder of the first 12 months of retirement. Any
2 person employed in violation of this subparagraph and any
3 employing agency which knowingly employs or appoints such
4 person without notifying the Division of Retirement to suspend
5 retirement benefits shall be jointly and severally liable for
6 reimbursement to the retirement trust fund of any benefits
7 paid during the reemployment limitation period. To avoid
8 liability, such employing agency shall have a written
9 statement from the retiree that he or she is not retired from
10 a state-administered retirement system. Any retirement
11 benefits received by a retired member while reemployed in
12 excess of 780 hours during the first 12 months of retirement
13 shall be repaid to the Retirement System Trust Fund, and
14 retirement benefits shall remain suspended until repayment is
15 made. Benefits suspended beyond the end of the retired
16 member's first 12 months of retirement shall apply toward
17 repayment of benefits received in violation of the 780-hour
18 reemployment limitation.
19 7.6. The Board of Trustees of the Florida School for
20 the Deaf and the Blind may reemploy a retired member as a
21 substitute teacher, substitute residential instructor, or
22 substitute nurse on a noncontractual basis after he or she has
23 been retired for 1 calendar month, in accordance with s.
24 121.021(39). Any retired member who is reemployed within 1
25 calendar month after retirement shall void his or her
26 application for retirement benefits. The Board of Trustees of
27 the Florida School for the Deaf and the Blind reemploying such
28 teachers, residential instructors, or nurses is subject to the
29 retirement contribution required by subparagraph 8. 7.
30 Reemployment of a retired member as a substitute teacher,
31 substitute residential instructor, or substitute nurse is
13
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1505
115-211A-01
1 limited to 780 hours during the first 12 months of his or her
2 retirement. Any retired member reemployed for more than 780
3 hours during the first 12 months of retirement shall give
4 timely notice in writing to the employer and to the division
5 of the date he or she will exceed the limitation. The division
6 shall suspend his or her retirement benefits for the remainder
7 of the first 12 months of retirement. Any person employed in
8 violation of this subparagraph and any employing agency which
9 knowingly employs or appoints such person without notifying
10 the Division of Retirement to suspend retirement benefits
11 shall be jointly and severally liable for reimbursement to the
12 retirement trust fund of any benefits paid during the
13 reemployment limitation period. To avoid liability, such
14 employing agency shall have a written statement from the
15 retiree that he or she is not retired from a
16 state-administered retirement system. Any retirement benefits
17 received by a retired member while reemployed in excess of 780
18 hours during the first 12 months of retirement shall be repaid
19 to the Retirement System Trust Fund, and his or her retirement
20 benefits shall remain suspended until payment is made.
21 Benefits suspended beyond the end of the retired member's
22 first 12 months of retirement shall apply toward repayment of
23 benefits received in violation of the 780-hour reemployment
24 limitation.
25 8.7. The employment by an employer of any retiree or
26 DROP participant of any state-administered retirement system
27 shall have no effect on the average final compensation or
28 years of creditable service of the retiree or DROP
29 participant. Prior to July 1, 1991, upon employment of any
30 person, other than an elected officer as provided in s.
31 121.053, who has been retired under any state-administered
14
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1505
115-211A-01
1 retirement program, the employer shall pay retirement
2 contributions in an amount equal to the unfunded actuarial
3 liability portion of the employer contribution which would be
4 required for regular members of the Florida Retirement System.
5 Effective July 1, 1991, contributions shall be made as
6 provided in s. 121.122 for retirees with renewed membership or
7 subsection (13) with respect to DROP participants.
8 9.8. Any person who has previously retired and who is
9 holding an elective public office or an appointment to an
10 elective public office eligible for the Elected Officers'
11 Class on or after July 1, 1990, shall be enrolled in the
12 Florida Retirement System as provided in s. 121.053(1)(b) or,
13 if holding an elective public office that does not qualify for
14 the Elected Officers' Class on or after July 1, 1991, shall be
15 enrolled in the Florida Retirement System as provided in s.
16 121.122, and shall continue to receive retirement benefits as
17 well as compensation for the elected officer's service for as
18 long as he or she remains in elective office. However, any
19 retired member who served in an elective office prior to July
20 1, 1990, suspended his or her retirement benefit, and had his
21 or her Florida Retirement System membership reinstated shall,
22 upon retirement from such office, have his or her retirement
23 benefit recalculated to include the additional service and
24 compensation earned.
25 10.9. Any person who is holding an elective public
26 office which is covered by the Florida Retirement System and
27 who is concurrently employed in nonelected covered employment
28 may elect to retire while continuing employment in the
29 elective public office, provided that he or she shall be
30 required to terminate his or her nonelected covered
31 employment. Any person who exercises this election shall
15
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1505
115-211A-01
1 receive his or her retirement benefits in addition to the
2 compensation of the elective office without regard to the time
3 limitations otherwise provided in this subsection. No person
4 who seeks to exercise the provisions of this subparagraph, as
5 the same existed prior to May 3, 1984, shall be deemed to be
6 retired under those provisions, unless such person is eligible
7 to retire under the provisions of this subparagraph, as
8 amended by chapter 84-11, Laws of Florida.
9 11.10. The limitations of this paragraph apply to
10 reemployment in any capacity with an "employer" as defined in
11 s. 121.021(10), irrespective of the category of funds from
12 which the person is compensated.
13 12.11. From July 1, 1997, through December 31, 1998,
14 notwithstanding the limitations of this subsection, except
15 that any retiree who is reemployed within 1 calendar month
16 after retirement shall void his or her application for
17 retirement benefits, any retiree of the Florida Retirement
18 System may be reemployed by a covered employer during the 2nd
19 through 12th months of the reemployment limitation period
20 without suspending his or her retirement benefits, provided
21 that the reemployment is for the sole purpose of working on
22 the technical aspects of correcting or replacing the computer
23 systems and programs necessary to resolve the year 2000 date
24 problem for computing which confronts all public employers
25 covered by the Florida Retirement System.
26 Section 5. Subsections (17) and (18) are added to
27 section 215.47, Florida Statutes, to read:
28 215.47 Investments; authorized securities; loan of
29 securities.--Subject to the limitations and conditions of the
30 State Constitution or of the trust agreement relating to a
31
16
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1505
115-211A-01
1 trust fund, moneys available for investments under ss.
2 215.44-215.53 may be invested as follows:
3 (17) In order to effect the reduction in contributions
4 provided in subsection (18), the State Board of Administration
5 is directed to invest no less than 80 percent of the domestic
6 equity assets of the Florida Retirement System through passive
7 management, as recommended by the Office of Program Policy
8 Analysis and Government Accountability.
9 (18) Notwithstanding the provisions of s. 121.071 or
10 any other law to the contrary, the required school district
11 contributions to the Florida Retirement System shall be
12 reduced, in the aggregate, by $200 million annually, which
13 shall be prorated among the school districts. Such savings
14 shall be reallocated for instructional personnel salaries
15 according to the Teacher Salary Improvement Program pursuant
16 to s. 236.08108.
17 Section 6. Section 231.096, Florida Statutes, is
18 amended to read:
19 231.096 Teacher teaching out-of-field;
20 assistance.--Each district school board shall adopt and
21 implement a plan to assist any teacher teaching out-of-field,
22 and priority consideration in professional development
23 activities shall be given to teachers who are teaching
24 out-of-field. The district school board shall require that
25 such teachers participate in a certification or staff
26 development program designed to provide the teacher with the
27 competencies required for the assigned duties. The
28 board-approved assistance plan must include duties of
29 administrative personnel and other instructional personnel to
30 provide students with high-quality instructional services.
31 Each district school board shall contact its regional
17
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1505
115-211A-01
1 workforce board, created pursuant to s. 445.007, to identify
2 and access resources that may assist teachers who are teaching
3 out-of-field and who are pursuing certification.
4 Section 7. Subsection (9) is added to section 231.36,
5 Florida Statutes, to read:
6 231.36 Contracts with instructional staff,
7 supervisors, and principals.--
8 (9) Each district school board, subject to any
9 applicable collective bargaining requirements, shall recognize
10 and accept all prior years of full-time teaching service as
11 recorded in the Florida Retirement System for each year a
12 transferring teacher has a satisfactory performance evaluation
13 in another public school district within the state.
14 Section 8. Paragraphs (l), (m), and (n) are added to
15 subsection (2) of section 231.625, Florida Statutes, to read:
16 231.625 Teacher recruitment and retention.--
17 (2) The Department of Education shall:
18 (l) Conduct quarterly communications with Workforce
19 Florida, Inc., and regional workforce boards, created pursuant
20 to ss. 445.004 and 445.007, respectively, to access available
21 federal, state, and local resources to improve teacher
22 recruitment and retention.
23 (m) Seek waivers or reductions in matching
24 contributions that may be required of district school boards
25 to access workforce funding.
26 (n) Seek additional funding for instructional aides
27 who want to become certified teachers, for teachers who are
28 teaching out-of-field to become certified in the subject area
29 in which they are teaching, and for expansion of the Florida
30 Future Educator of America Program.
31
18
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1505
115-211A-01
1 Section 9. Section 236.08108, Florida Statutes, is
2 created to read:
3 236.08108 Teacher Salary Improvement Program.--
4 (1) The Teacher Salary Improvement Program is created
5 to provide funding for improved salaries for instructional
6 personnel, as defined in s. 228.041, in the K-12 public school
7 system. For purposes of this section, the Florida School for
8 the Deaf and the Blind shall be considered a school district.
9 (2) From funds appropriated to the Department of
10 Education as a result of the increase in investment earnings
11 and the reduction in the employer contribution to the Florida
12 Retirement System pursuant to s. 215.47(17) and (18), each
13 school district shall increase the salary of each member of
14 instructional personnel eligible pursuant to this section.
15 (a) Each member of instructional personnel who
16 received a satisfactory performance review, pursuant to s.
17 231.29, during the previous school year, and with whom the
18 school district has entered into a professional services
19 contract during the current school year, shall be eligible to
20 receive a salary increase pursuant to this section.
21 (b) A school district may establish additional
22 criteria in order to award funds allocated to the district for
23 purposes of this section.
24 (2) The Department of Education shall provide
25 technical assistance to any school district that requests
26 guidance regarding the implementation of this section.
27 (3) The Department of Education may adopt rules,
28 pursuant to ss. 120.536(1) and 120.54, to implement the
29 provisions of this section.
30
31
19
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1505
115-211A-01
1 Section 10. Subsection (10) of section 240.529,
2 Florida Statutes, is renumbered as subsection (11), and a new
3 subsection (10) is added to said section to read:
4 240.529 Public accountability and state approval for
5 teacher preparation programs.--
6 (10) ALTERNATIVE ROUTES TO CERTIFICATION.--Public and
7 independent institutions of higher education and technical
8 institutes are encouraged to develop partnerships with local
9 public schools to develop alternative routes to teacher
10 certification.
11 (a) An "alternative route to certification" may be
12 defined as, but is not limited to, the following:
13 1. A program for college graduates who enroll in an
14 accelerated teacher certification program offering classes
15 during weekends, evenings, half-days, alternate days of the
16 week, school breaks, or other alternative schedule while
17 employed part-time in a public school as an instructional
18 paraprofessional or, if qualified, as a classroom teacher with
19 a temporary certificate. After completing the certification
20 program, participants have the option of pursuing a master's
21 degree in educational leadership.
22 2. A program for current public school employees who
23 have attended at least 2 years of college, are motivated to
24 become teachers, and are willing to attend an accelerated
25 special education program that compacts 2 years of college
26 education and an internship into 1 calendar year. Such
27 employees shall continue to receive their current salary, but
28 may not work in the school while enrolled full-time as a
29 college student in the accelerated program. Participants are
30 responsible for tuition and books and shall agree to teach in
31
20
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1505
115-211A-01
1 the public school system as a special education teacher for 1
2 school year.
3 3. A tuition-free program that provides convenient
4 recertification and English for Speakers of Other Languages
5 programs at locations in close proximity to or on public
6 school campuses using combined federal, state, and local
7 sources of funding.
8 (b) Each alternative-route-to-certification program
9 shall include a followup provision to provide mentoring,
10 technical assistance, and support to new teachers for their
11 first 2 years of teaching in a Florida public school.
12 (c) Collaborative program plans proposing alternative
13 routes to certification shall be reviewed by the Department of
14 Education to help correct any deficiencies prior to seeking
15 initial state program approval pursuant to subsection (3).
16 (d) Prospective partners are encouraged to pursue
17 federal partnership grants and other grants for teacher
18 quality programs through the Department of Education Title II
19 Teaching Quality Collaborative Members.
20 Section 11. Section 445.002, Florida Statutes, is
21 amended to read:
22 445.002 Definitions.--As used in this chapter, the
23 term:
24 (1) "Agency" means the Agency for Workforce
25 Innovation.
26 (2) "Businesses," when used in reference to the
27 Incumbent Worker Training Program, includes public school
28 districts.
29 (3) "Dislocated workers" may include state employees
30 whose state position is cut and who are interested in becoming
31 public school teachers.
21
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1505
115-211A-01
1 (4)(2) "Services and one-time payments" or "services,"
2 when used in reference to individuals who are not receiving
3 temporary cash assistance, means nonrecurrent, short-term
4 benefits designed to deal with a specific crisis situation or
5 episode of need and other services; work subsidies; supportive
6 services such as child care and transportation; services such
7 as counseling, case management, peer support, and child care
8 information and referral; transitional services, job
9 retention, job advancement, and other employment-related
10 services; nonmedical treatment for substance abuse or mental
11 health problems; teen pregnancy prevention; two-parent family
12 support, including noncustodial parent employment;
13 court-ordered supervised visitation, and responsible
14 fatherhood services; and any other services that are
15 reasonably calculated to further the purposes of the welfare
16 transition program. Such terms do not include assistance as
17 defined in federal regulations at 45 C.F.R. s. 260.31(a).
18 (5)(3) "Welfare transition services" means those
19 workforce services provided to current or former recipients of
20 temporary cash assistance under chapter 414.
21 Section 12. Paragraph (g) of subsection (6) of section
22 445.004, Florida Statutes, is amended to read:
23 445.004 Workforce Florida, Inc.; creation; purpose;
24 membership; duties and powers.--
25 (6) Workforce Florida, Inc., may take action that it
26 deems necessary to achieve the purposes of this section,
27 including, but not limited to:
28 (g) Expanding the occupations identified by the
29 Workforce Estimating Conference to include public school K-12
30 teachers and to meet needs created by local emergencies or
31
22
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1505
115-211A-01
1 plant closings or to capture occupations within emerging
2 industries.
3 Section 13. Except as otherwise provide herein, this
4 act shall take effect July 1, 2001.
5
6 *****************************************
7 HOUSE SUMMARY
8
Authorizes a district school board to apply, on behalf of
9 its employees, for participation in the state group
health insurance program and the state prescription drug
10 program. Authorizes a district school board to reemploy a
member of its instructional staff after he or she has
11 been retired for 1 calendar month and provides
requirements for reemployment within 1 calendar month
12 after retirement. In order to effect a reduction in
school district contributions to the Florida Retirement
13 System, provides for investment of Florida Retirement
System assets. Provides for use of such savings for
14 teacher salaries. Requires assistance in accessing
resources for teachers teaching out-of-field. Requires a
15 district school board to accept prior years of teaching
service in certain circumstances. Requires the Department
16 of Education to perform specified activities to improve
teacher recruitment and retention. Creates the Teacher
17 Salary Incentive Program to provide funding for improved
salaries for instructional personnel. Provides
18 eligibility for salary increases. Provides
alternative-route-to-certification programs. Provides
19 definitions with respect to workforce innovation.
Authorizes expansion of occupations identified by the
20 Workforce Estimating Conference to include public school
teachers.
21
22
23
24
25
26
27
28
29
30
31
23
CODING: Words stricken are deletions; words underlined are additions.